Author Topic: Shellie Zimmerman's Perjury Case  (Read 16056 times)

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Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #15 on: February 19, 2013, 01:08:09 PM »
Defense's motion was denied, next court date April 17th I believe.

I'll be surprised if the defense doesn't appeal it to the 5th DCA.

Offline leftwig

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Re: Shellie Zimmerman's Perjury Case
« Reply #16 on: February 19, 2013, 02:02:53 PM »
Yeah, I am not really sure how this matter pertains to the "death of TM".  The judge said the matter pertains to the man who is accused of killing TM, but no mention of how her statements pertain directly to TM's death.  I understand a special prosecutor is given a lot of leeway to not have to jump through hoops in their investigation/prosectution, but nothing related to SZ inhibits her ability to prosecute GZ nor does she offer any evidence as to what happened the night GZ shot TM.

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #17 on: February 19, 2013, 02:30:05 PM »
If the defense appeals to the 5th DCA and loses, it seems at least arguable that it would conflict with the 2nd DCA's decision in Hardy v. Rundle. If the state supreme court views it as a split, perhaps they'll hear the case. I'm just speculating, of course.

Offline nomatter_nevermind

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Re: Shellie Zimmerman's Perjury Case
« Reply #18 on: February 19, 2013, 02:54:36 PM »
Yeah, I am not really sure how this matter pertains to the "death of TM".

I think it depends on whether 'pertains' is interpreted as 'pertains directly', or as 'pertains directly or indirectly'.

I wish we had the full opinion in Hardy v. Rundle.

ETA: I don't actually know if there is an opinion that no one has found, or if the court just ruled without explanation. MJW's wording suggests the latter.
« Last Edit: February 19, 2013, 03:00:28 PM by nomatter_nevermind »

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #19 on: February 19, 2013, 05:39:14 PM »
I think it depends on whether 'pertains' is interpreted as 'pertains directly', or as 'pertains directly or indirectly'.

I wish we had the full opinion in Hardy v. Rundle.

ETA: I don't actually know if there is an opinion that no one has found, or if the court just ruled without explanation. MJW's wording suggests the latter.

That is, unfortunately, the full opinion. The arguments can be understood more fully from the state's Petition for Discretionary Review to the Florida supreme court. The defense filed a response, but it was about whether the case merited review rather than the issues of the case. The court declined to review the DCA's decision.
« Last Edit: February 19, 2013, 05:46:42 PM by MJW »

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #20 on: February 19, 2013, 06:21:37 PM »
A footnote in the just-linked response in Hardy v. Rundle says:

Quote
In response to the Second District’s decision, Governor Bush subsequently issued another amended executive order expanding the authority of Special Prosecutor Rundle to include the charge of money laundering conspiracy. Thereafter, Special Prosecutor Rundle filed a fifth amended information under the authority of the newly amended executive order. In light of the changed circumstances, it is unclear why Special Prosecutor Rundle is expending the limited resources of this Court and the Attorney General’s office to review the decision of the Second District, which addressed only the prior amended executive order and the fourth amended information.

That seems to me to be the problem with the original motion in Shellie's case: any victory will likely be temporary, since it could be overcome with a new EO. There is a difference, though.  In Hardy v. Rundle, the local prosecutor had a conflict of interest which extended to the money laundering charge, so the EO to cover money laundering was justified. I don't see any reason the local prosecutor couldn't handle Shellie's perjury case, so I don't think there's a justification for assigning it to a special prosecutor.

Offline nomatter_nevermind

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Re: Shellie Zimmerman's Perjury Case
« Reply #21 on: February 19, 2013, 06:45:33 PM »
I don't see any reason the local prosecutor couldn't handle Shellie's perjury case, so I don't think there's a justification for assigning it to a special prosecutor.

Maybe the governor and the AG will reach out to Wolfinger, instilling in him dread at the prospect of even the appearance of a conflict of interest.

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #22 on: February 19, 2013, 07:54:46 PM »
Maybe the governor and the AG will reach out to Wolfinger, instilling in him dread at the prospect of even the appearance of a conflict of interest.

More likely, I think, is that the governor would just go ahead and issue the EO without worrying about such niceties as whether it's truly necessary.

Offline nomatter_nevermind

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Re: Shellie Zimmerman's Perjury Case
« Reply #23 on: February 19, 2013, 08:20:37 PM »
More likely, I think, is that the governor would just go ahead and issue the EO without worrying about such niceties as whether it's truly necessary.

Do you think the special prosecutor was necessary for the homicide case?

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #24 on: February 19, 2013, 09:18:49 PM »
Do you think the special prosecutor was necessary for the homicide case?

In truth, no; but I think there was at least reasonable argument for a special prosecutor because of the widespread belief that the SPD did an incompetent investigation that was being covered up. I don't see how that carries over to Shellie Zimmerman's case. In fact, just the opposite. It appears to many -- including me -- that Shellie is being singled out for special treatment by the special prosecutor, both as a way of harassing George, and out of general vindictiveness.

Offline nomatter_nevermind

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Re: Shellie Zimmerman's Perjury Case
« Reply #25 on: February 19, 2013, 09:47:54 PM »
Except for homicide being more serious than perjury, I don't see the difference. If Wolfinger has some mysterious motive for protecting GZ, wouldn't the same motive lead him to protect his wife?

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #26 on: February 19, 2013, 09:56:33 PM »
Except for homicide being more serious than perjury, I don't see the difference. If Wolfinger has some mysterious motive for protecting GZ, wouldn't the same motive lead him to protect his wife?

I don't recall saying Wolfinger had a mysterious motive for protecting GZ. I thought I said there was, to many, the appearance that the local prosecutor was covering up an incompetent investigation of the shooting. That's neither mysterious, nor does it apply to a perjury case which had nothing to do with the police investigation of the shooting.

Offline nomatter_nevermind

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Re: Shellie Zimmerman's Perjury Case
« Reply #27 on: February 19, 2013, 10:56:54 PM »
I don't recall saying Wolfinger had a mysterious motive for protecting GZ.

You're an intelligent person. When you allude to a 'widespread belief', I thought I could discuss the logic of that belief without having to make a point of saying that I wasn't ascribing it to you.

Do you think that, of the people who believe that Wolfinger has an improper motive for being reluctant to prosecute Zimmerman, the great majority also think they know what that motive is, and agree among themselves on what it is? That has not been my impression.

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #28 on: February 19, 2013, 11:24:26 PM »
Do you think that, of the people who believe that Wolfinger has an improper motive for being reluctant to prosecute Zimmerman, the great majority also think they know what that motive is, and agree among themselves on what it is? That has not been my impression.

I certainly can't say what everyone believes, and I had no intention of saying what you believe, but I think the only valid basis for the governor appointing a special prosecutor is in response to accusations that the local prosecutors were not pursuing the case vigorously in order to cover up a botched SPD investigation.

Offline DiwataMan

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Re: Shellie Zimmerman's Perjury Case
« Reply #29 on: February 19, 2013, 11:58:07 PM »
Is this a "Shellie Zimmerman's Perjury Case" or a Wolfinger thread?

Wolfinger's reasons why he ran:
http://www.sa18.state.fl.us/press/id/314

What he said a couple of days before:
http://www.sa18.state.fl.us/press/id/313

What he said a few days before that:
“At this time, I do not know exactly where the facts will lead, or what further investigative measures will be needed. But I do feel it would be appropriate to ask for the assistance of an FDLE investigator to collaborate with my office.”
http://www.wftv.com/news/news/family-slain-teen-hold-press-conference/nLTxw/

What he was dealing with:
"The computer systems at the Seminole County and Brevard County State Attorney's Offices, where Norm Wolfinger is lead prosecutor, were shut down on Thursday morning due to the overwhelming amount of emails by angry people demanding justice for Martin.

Officials said more than 100,000 emails put too much pressure on the server.

Supporters want Wolfinger to charge Zimmerman, the neighborhood vigilante, for the boy's killing."
http://www.wftv.com/news/news/local/state-attorneys-offices-overwhelmed-emails-demandi/nLTdJ/

and:

"I am outraged by the outright lies contained in the letter by Benjamin Crump to Deputy Assistant Attorney General Roy Austin dated April 2, 2012. I encourage the Justice Department to investigate and document that no such meeting or communication occurred. I have been encouraging those spreading the irresponsible rhetoric to stop and allow State Attorney Angela Corey to complete her work. Another falsehood distributed to the media does nothing to forward that process."
http://www.sa18.state.fl.us/press/id/315

There's a lot I could say about Wolfinger but I'll leave it at that for now.

 

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