Trayvon Martin Death Won't Go To Fla. Grand Jury

[Purveyor]

Source: ASSOCIATED PRESS

ORLANDO, Fla. (AP) -- Special prosecutor Angela Corey says she will not bring the Trayvon Martin shooting death before a grand jury.

Corey said Monday she continues to investigate the case and will not involve a grand jury set to meet Tuesday

--CLIP
That means the decision now rests solely with Corey

Read more: http://hosted.ap.org/dynamic/stories/U/US_NEIGHBORHOOD_WATCH_DEATH?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2012-04-09-12-01-10

[freshwest]

1. And all the witnesses who now coming out, real witnesses, not the friends and relatives. A lot.

[Sancho]

2. sounds like she plans to charge him...

but they are trying to decide if there is evidence as a hate crime or what level of charge is appropriate. Chances are the police are still hiding evidence...

[mactime]

3. Can anyone explain?

Does this mean that there will be no charges or that there is enough evidence to file charges without a grand jury?

[Gore1FL]

7. It sounds to me like he will be charged and there is no need for a Grand Jury

I would think if the Grand Jury wasn't necessary and she decided not to charge, herself, there would be minimally an appearance of impropriety. This is far too public to get away with that.

[Maraya1969]

53. In other words not charging and not going to grand jury would be a really

big boner so she probably is going to charge judging by this action?

[Gore1FL]

54. that would be my conclusion n/t

[Yo_Mama]

22. It means that it is probably not a capital murder case

It doesn't mean either that Zimmerman will or will not be charged - under Florida law, as the article states, only crimes that can carry the death penalty must be prosecuted by indictment. All other charges can be prosecuted simply by "information", which is the result of investigations. The prosecutor then charges the defendant with specific acts that violated specific statutes. Try this:
http://www.joffelaw.com/state-rules/3-140.html

Since Cory states that the investigation is still continuing, it could even be true that a capital charge could be laid before a future grand jury, although that's probably not going to happen. Generally homicide during a physical confrontation is prosecuted as manslaughter or the state equivalent.
http://legal-dictionary.thefreedictionary.com/manslaughter

Corey is known as a tough prosecutor, according to this article:
http://www.csmonitor.com/USA/Latest-News-Wires/2012/0331/Prosecutor-in-Trayvon-Martin-case-known-as-tough

You would expect a very thorough investigation and proper preparation before charges were brought. The laundry-list charging method can backfire before a grand jury, because a grand jury may refuse to indict on some of the charges that seem tangential.

[aggiesal]

23. Listening to Mike Papantonio on the Ed Shultz show ...

He said that Grand Juries are just a tool for the DA.
Because the Police Dept in Sanford and the DA have screwed this
case so much, they don't want or need a grad jury to listen to
the evidence and then expose all their failures.

He believes there will be an arrest, and that a court trial will happen.

[Junkdrawer]

4. Doubt we'll get a decision before the Republican Convention....

Too many people have too many dogs in the fight and ANY decision will cause a level of unrest that would be hard to tamp down before the Tampa Convention.

Over the weekend, I saw a CNN report that compared this case to the New Orleans Katrina Bridge incident convictions (5 years in the making) and prepping people for a similar time frame.

[Life Long Dem]

31. I think this is exactly the reason she is avoiding the grand jury

This case is too political and the grand jury could easily hide behind politics.

[Liberal_Stalwart71]

5. I don't think this is bad news. I think this prosecutor is smart...

She might believe--and rightfully so--that a grand jury can't convene because the case has been so sullied in the media. There's no way that they'll be able to find unbiased people to sit on that jury. That the decision will reside solely with her brings me some comfort if for no other reason than assembling a jury may take too long. We're losing time on the window for the arrest. If Zimmerman is to be arrested, we only have about two months to go before that window closes and he can't be arrested.

[-..__...]

24. Simply not true.

If Zimmerman is to be arrested, we only have about two months to go before that window closes and he can't be arrested.

The clock starts ticking/time frame begins after a person is arrested... Zimmerman was detained and questioned... not arrested.

Statute of limitations aside... the prosecutor/investigators can take as much time as needed to charge Zimmerman with any crime.

[Liberal_Stalwart71]

42. Thanks. There seemed to be some discussion on Al Sharpton's show last week

that the time period for an arrest is dwindling down. Apparently it was stated that you have 175 days to make an arrest after detainment. I didn't say that he was arrested. Therefore, the clock IS winding down if he was detained back in February. We have 175 since that date to arrest him.

I was aware that charges can come at any time as well.

[guitar man]

6. I'm hoping this means

That charges will be filed by the prosecutor without having to go to the grand jury. I hate to think what might happen if charges aren't filed

[TBA]

8. I said two weeks ago - Zimmerman will never be arrested

He is gonna walk.

Read the link in this post if you don't believe me.

http://www.democraticunderground.com/1002503089

I think Corey is stalling... trying to let the media coverage die down before they announce their decision. The don't want a repeat of the Rodney King riots in Sanford and they know it is a real possibility.

They already know he is walking. They are killing time.

I pray I am wrong. But read the article in the posting at the link I provided and tell me I am wrong.

[peace frog]

13. I think he will be arrested

on a charge no stronger than manslaughter, but will be allowed out on bail and thus free until his trial is concluded.

[naaman fletcher]

14. I think he will be arrested, here is why:

If you are the prosecutor and you don't think you have a case (or don't want to have a case), would you:

1. Announce no charges, and be the subject of massive protests and harassment?
2. Convene a grand jury that when it refuses to indict you can shrug and say "the grand jury refused to indict, i did what I could"?

It's inconceivable to me that the prosecutor would choose option 1.

[drm604]

17. At the very least, he may (and should) be arrested on federal hate crime laws.

The SYG law doesn't protect him from that.

[Liberal_Stalwart71]

43. Maybe they are stalling because the statute of limitation for making an arrest is only

175 days. I may be wrong. This may be bad, but we'll see...

[SlipperySlope]

58. That is speedy trial, not statute of limitations

If you are charged with a felony in Florida the state has to bring you to trial within 175 days; that is part of the defendant's right to a speedy trial.

I think Florida has a four year statute of limitations for manslaughter, and no statute of limitations for murder.

[Liberal_Stalwart71]

61. Got it! Thanks. This helps me understand what's going on a bit better.

[Ruby the Liberal]

9. This may not be a bad thing

Grand Juries are used for political cover on tough cases. If she isn't sending this to the GJ that was already scheduled to be sat tomorrow, it *may* indicate that she doesn't need the cover and has everything she needs to charge him.

One can hope, anyway.

If she makes an announcement that she will NOT be bringing charges (after declining to send it to a GJ), then all hell is going to break loose down there. It just wouldn't be a prudent move in light of the GJ's 4/10 date already being announced.

[bluedigger]

35. That's how I read it, too.

I can't imagine she's going to sacrifice the rest of her career/life on a no charges call. I feel kind of bad for her. She has a tough case to make with questionable help from the Sanford PD. She better win.

[Lone_Star_Dem]

40. That's pretty much how I see this.

If she felt she didn't have the evidence to bring charges, she'd use a GJ and let them fade the heat. Since she didn't go that route, it would appear she feels there is enough evidence for her to go forward. After all, it's her career on the line and this is a high profile case.

It is much more unlikely, to my way of thinking, that she isn't planning on pressing charges now.

[Ruby the Liberal]

44. "fade the heat"

Brilliant. That summed up exactly what I was thinking, but rambling on about, not finding the right phrase. Thanks.

[senseandsensibility]

10. While we are all reading tea leaves, Corey's background could be significant in order

to predict what she might do. I heard a report on Al Sharpton's show that she was a republican with republican ties. I also heard that she has an independent record of standing up to people in power, but I didn't hear the details of that. Did anyone else?

[pinboy3niner]

18. She's known for charging without using a grand jury

That may very well be what she will do here. If the state's filing is imminent, it makes a grand jury unnecessary.

[BumRushDaShow]

11. Maybe they will finally follow the recommendation

of the original lead investigator and allow at least those charges to go forward. "Charging" does not equal "guilty", which is what the RW M$M noise machine keeps trying to push as the meme, thus demanding no charges at all, or obtaining the same result via the closed and most likely fixed "grand jury" method to drag things out.

[Iliyah]

12. Well gosh

they need to protect that right to kill law oops I mean stand your ground law, and eff human life because its all about profit, money money, money.

I remember when I was a child I went with my parents to a O Jay concert at the Hollywood Bowl. Before they came out the annoucer said please rise for the American National Anthem, and the audience complied. The O Jay's came out with the song "Money Money Money" . . . . of course the audience loved it!

[Botany]

15. I.O.W.

Zimmerman will be charged and she will not bring the case before a
grand jury because she doesn't need to do that.

Charge him w/ murder 1 and see how quickly he pleads guilty to avoid
the death penalty. Very soon Mr Zimmerman will never set foot out of
prison for the rest of his life or until he is a very old man. I want to see
his dad's phone records looked @ (did dad call the state's attorney?) and
why the poor response from some in the police dept. although one detective
wanted to charge Zimmerman on the night of the shooting but he was over
ruled by the state's attorney who told him to drop the case.

[Kolesar]

25. Do you mean "plea bargain down to murder 2 or murder 3"?

Zimmerman has a weak hand right now.

[Botany]

26. It should be murder 1 but I think a 25 to life sentence w/ murder 2 might work

Last edited Mon Apr 9, 2012, 02:51 PM - Edit history (1)

The DoJ might also charge Zimmerman w/ violating Mr. Martin's civil
rights and he could get some more time on top of his what a Florida
court might give him.

[coalition_unwilling]

37. If I understand Florida law correctly (only from a layperson's perspective and only from

reading about it here), in order to charge Zimmerman with Murder 1, an indictment would have to come from a Grand Jury. Thus, one can safely infer that, if he is charged with anything, Zimmerman will be charged with something less than Murder 1.

[Redford]

47. A grand jury is required for murder 1

Maybe she will go for manslaughter. She needs to go for something, soon.

[Rocky2007]

50. I agree 100%

You are spot on with my thinking. Murder 1 I think is a real possibility and what with the timeline info they have now I think she could come close to proving intent too -- Zimmerman is dead meat. He was carrying for a reason and only needed a victim and the 'stand your ground' law was on his side.

[modrepub]

16. Reading Tea Leaves

is fun but I wouldn't put much stock in it. As hard as this is there has to be some patience to allow the bureaucracy to function.

[Cali_Democrat]

19. I think this is a good sign

I think she will file charges.

[southernyankeebelle]

20. I dunno what to think. I read yesterday that they have the National Guard on

stand by. Why would they have them on stand by? It could go either way. But what is right is right. I feel Zimmerman murdered this young man. I can't help it.

[TBF]

27. What folks "feel" is irrelevent -

this guy stalked and killed an unarmed kid. If this prosecutor can't get a conviction she ought to turn in her badge. No doubt she will go for manslaughter but I can't believe she is stupid enough to let him walk.

[southernyankeebelle]

39. I agree with you. All am saying is what I read.

[pinboy3niner]

32. That report and source are questionable, and the DU OP was self-deleted

Tarheel_Dem explained in another thread:
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=537045

[pacalo]

45. The neo-Nazis "patrolling the streets in Sanford" could pose a major safety problem.

[southernyankeebelle]

46. I sure agree with your statement. I am shocked that the cops haven't bothered to tell

them to go home.

[Ruby the Liberal]

48. I wouldn't shed a tear if they all drowned in the ocean

but I don't think anyone can tell them they can't be there.

[slackmaster]

59. Except for the fact that there are no neo-Nazis patrolling the streets in Sanford

[CAPHAVOC]

21. Working out a plea bargain. Probably to Jaywalking.

[slackmaster]

60. It should at least be Grand Jaywalking

And creating a nuisance.

[solarman350]

28. If zimmerman is not charged with at least Manslaughter, OCCUPY sanford until Feds Charge Him

No Justice no peace.

[TBF]

29. That will be best case scenario solarman350,

Occupy is a peaceful bourgeoisie movement so far and while it has potential they have succeeded in little but getting themselves attacked by the police.

That is not what is going to happen. If this guy isn't charged it's going to take a lot of work on President Obama's part to keep the calm in this country and I doubt it will be enough. Zimmerman stalked and gunned down an unarmed child. Can you imagine what would be happening if this were reversed with a black man shooting a white kid in his neighborhood? Charges for first degree murder would have been filed that night. I'd expect riots at the very least - it will not be pretty at all.

[Purveyor]

30. Then what happens when the jury comes in with a 'not guilty' verdict? No, the outcome of this

doesn't sound good either way.

[Rocky2007]

51. Zimermqn has already admited

that he in fact DID kill trayvon. Not guilt is not an option in my thinking.

[Purveyor]

52. Yeah, well we be talking about a 'jury trial' here and I don't see a guilty verdict unless some new

evidence surfaces.

Is he guilty in my mind yes, but I'm not a the jury and it will only take one knuckledragger to deadlock.

[Ruby the Liberal]

56. New evidence?

You mean like Zimmerman's medical records from that night with injury reports/photos, the coroner's report on Trayvon's body (and whether he was shot in the back or in the chest), the additional witness testimonies, etc....

That kind of 'new evidence'?

[-..__...]

34. "They better not...

unless they'd like one across their lip"...

[eyewall]

33. I don't see how they can NOT charge him with at least manslaughter.

The SYG law does not apply to his actions. When he changed his mind on the phone with the 911 dispatcher and told them not to have the cops meet him at the mailbox but to have them call him, he implied he was going to follow Trayvon or do something other than wait for the cops. That demands charges because the SYG law is very specific about not in any way initiating the contact that results in the incident.

The only evidence they have is that Zimmerman committed murder. He does not qualify for SYG and they have no compelling evidence that he was attacked by Trayvon Martin. There is no other way it could go, in a just exercise of the law.

[Riftaxe]

36. A reprieve for ham sandwhiches

around the sunshine state?

[WheelWalker]

38. This case is a good opportunity to put up a bookend to the SYG law. Prosecuting this case will help

define limits on future assertions of that defense. The law's future will begin to be shaped by this case.

[Baitball Blogger]

41. We are all watching.

[pinboy3niner]

49. Second Trayvon Martin rally planned for downtown L.A.

April 9, 2012 | 10:59 am

Civil rights groups and protesters in Los Angeles plan to to hold a second “Million Hoodies March” Monday (today) in downtown L.A. to demand justice for slain 17-year-old Trayvon Martin.

Organizers say they expect at least a few hundred people to congregate at Pershing Square at 4 p.m. for a rally that will precede a march to City Hall at 6 p.m. Marchers will deliver letters demanding justice to representatives for U.S. Rep. Karen Bass (D-Los Angeles), according to organizer Zsanaé Davis.

Bass and members of the Congressional Black Caucus had planned to accept the letters and deliver them to Atty. Gen. Eric H. Holder Jr. in Washington, D.C. But with the announcement that Florida prosecutors will not send Martin's case to a grand jury, Davis said the effort will help keep media attention on justice for Martin.
...


Davis, who initiated Monday’s event, said this march will be different from the last because protesters will walk in silence behind the box of letters.

Officer Sara Faden with the LAPD said police have a permit on file for the protest and added that she was not aware of any problems arising from the event two weeks ago.

http://latimesblogs.latimes.com/lanow/2012/04/trayvon-martin-rally-downtown.html

Poster from the first downtown march:

[thessolonian]

55. Humble Opinion

First I would like to note that I am a constitutional conservative. I read and listen to “left” or “liberal” media sources often. As we journey down the path to knowledge it is imperative that we do not limit ourselves to only those who are likeminded. As I listen to, for lack of better words, opposing views it allows me to gain a better perspective on various issues. Doing this allows me to either solidify or alter my opinions, both subjective and objective, on many topics.

The core issue at hand is the Florida prosecutor’s decision to not utilize a grand jury. The article provides us a valid summary on why the prosecutor decided so. I would like to add that a finding an unbiased (either way) grand jury after the flurry of media coverage would be next to impossible. This could also be an additional reason. But let us assume he could get a fair and unbiased grand jury.

The burden of proof is placed on the state. Florida law provides (to the best of my knowledge) an individual an affirmative defense to prosecution for self-defense. This can also be applied in grand jury cases. If the prosecutor cannot refute a defense council’s claim of affirmative defense for their client, (a claim that is presumed on and supported by state law) based on evidence that is provided, the there is a likelihood that a grand jury would no-bill Zimmerman. If that was indeed the case, we can see why a prosecutor would prefer not to use a grand jury (see double jeopardy).

Trayvon Martin, as anytime human life is needlessly lost, is a tragedy. However, let us all remember, Zimmerman is innocent until proven guilty. If in fact he is found guilty, then by all means he should be punished to the fullest extent of the law. However, until his guilt or innocence is decided (in accordance with the rule of law) let us remain as objective as possible.

[Morning Dew]

57. As Mr Bumble said, "... the law is a ass—a idiot. If that's the eye of the law, ...

and the worst I wish the law is that his eye may be opened by experience—by experience."

Stand Your Ground Law Backfires

http://www.ydr.com/ci_20239612/mike-argento-stand-your-ground-law-backfires

He told the newspaper that the law is "increasingly used by gang members fighting gang members, drug dealers battling drug dealers and people involved in road rage encounters. Confrontations at a bar are also common: someone looks at someone the wrong way or bothers someone's girlfriend."

Meggs described a case in which a person who was in a car and could have driven away shot and killed an unarmed man. The victim, he told the Times, had angered the attacker earlier in the night, and had leaned into the car. The shooter claimed self-defense, but was convicted. On appeal, though, the case was overturned, the decision citing the "stand your ground" law.

In Pennsylvania, since the law's adoption, it has been cited in two cases that involved men killing their wives' boyfriends. In both cases, the men were not charged. (To illustrate that this isn't strictly a gun issue, one of those cases, near Pittsburgh, involved a man killing his wife's lover with a bow and arrow.)

The law now appears to have been a grievous mistake. Any law that justifies gang shootings, domestic killings or, perhaps, the gunning down of an unarmed teenager for, apparently, the threat he posed by being black in the wrong neighborhood does not contribute to domestic tranquility. In fact, it has the opposite effect, increasing the likelihood that any killing arising from a confrontation can be justified.