July 14, 2013
WE REQUIRE THAT THE DEFENSE BE COMPETENT, NOT THE PROSECUTION:
Why was Zimmerman overcharged? (Jonathan Turley, July 14, 2013, USA Today)
[M]any of us from the first day of the indictment criticized State Attorney Angela Corey for overcharging the case as second-degree murder. While Corey publicly proclaimed that she was above public pressure, her prosecution decisions suggested otherwise. Her prosecutors chose to interview critical witnesses with Martin's family present, a highly unusual and improper practice. The prosecutor was accused with justification of withholding evidence from the defense until shortly before trial.However, the widespread protests and anger over the shooting seemed to have its greatest impact on Corey's decision to charge the case as murder in the second degree. This was clearly a challenging case even for manslaughter and the decision to push second-degree murder (while satisfying to many in the public) was legally and tactically unwise. The facts simply did not support a claim beyond a reasonable doubt that Zimmerman acted with intent and a "depraved mind, hatred, malice, evil intent or ill will." Had Corey charged manslaughter, the case might have been closer but would have still been a challenge.
Posted by Orrin Judd at July 14, 2013 7:28 PM
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