Author Topic: Mark 'O'Mara's 8/13 Press Conference  (Read 13335 times)

0 Members and 1 Guest are viewing this topic.

Offline MJW

  • Hero Member
  • *****
  • Posts: 1304
  • Rate Post +0/-0
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #15 on: August 13, 2012, 02:06:01 PM »
If I had to guess I'd say that with no witnesses to the initiation of the violence and GZ's credibility being impaired (justly or not), O'Mara decided it would be very tough to prove SYG at a hearing.  Maybe it's smart to focus on the inability to retreat.

Stand your ground is a lesser standard that traditional self-defense. It extends self defense to situations where it traditionally wouldn't apply. O'Mara is saying that Zimmerman's case meets the stricter standard of traditional self defense.

Offline Cylinder

  • Hero Member
  • *****
  • Posts: 730
  • Rate Post +0/-0
  • IANAL
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #16 on: August 13, 2012, 02:12:27 PM »
Zimmerman Defense Files Petition for Writ of Prohibition

Quote
On July 13, the defense team filed a Verified Motion to Disqualify Trial Judge. Judge Lester responded on August 1 by issuing an Order Dismissing Defendant's Verified Motion to Disqualify Trial Judge on the basis that it was legally insufficient. Today the defense team will file a Petition for Writ of Prohibition with the 5th District Court of Appeal.

Offline annoyedbeyond

  • Hero Member
  • *****
  • Posts: 1407
  • Rate Post +0/-0
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #17 on: August 13, 2012, 02:18:33 PM »
Zimmerman Defense Files Petition for Writ of Prohibition

Shouldn't that have it's own thread?

And is this to force the 5th to decide if Lester should stay or go or is that for the 5th to order Lester not to make any more decisions until the recusal issue is decided (they aren't actually the same thing, are they?)?


Offline Cylinder

  • Hero Member
  • *****
  • Posts: 730
  • Rate Post +0/-0
  • IANAL
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #18 on: August 13, 2012, 02:24:54 PM »
Shouldn't that have it's own thread?

I suppose there will be a thread in the Court forum when the motion is released. 

And is this to force the 5th to decide if Lester should stay or go or is that for the 5th to order Lester not to make any more decisions until the recusal issue is decided (they aren't actually the same thing, are they?)?

It's an appeal of Lester's order dismissing MOM's motion to disqualify. MOM states it's a 30-40 page motion with ~500 pages of attachments.

Offline amateur

  • Jr. Member
  • **
  • Posts: 38
  • Rate Post +0/-0
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #19 on: August 13, 2012, 02:30:20 PM »
Stand your ground is a lesser standard that traditional self-defense. It extends self defense to situations where it traditionally wouldn't apply. O'Mara is saying that Zimmerman's case meets the stricter standard of traditional self defense.

Evidently because the lesser standard is not available to him.

Offline MJW

  • Hero Member
  • *****
  • Posts: 1304
  • Rate Post +0/-0
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #20 on: August 13, 2012, 03:01:14 PM »
Evidently because the lesser standard is not available to him.

What do you mean "the lesser standard wasn't available to hiim"? The SYG standard is that the person had the option to retreat, but chose not to. O'Mara is saying Zimmerman didn't have the option of retreating because Martin was sitting on top of him, assaulting him.  So if you mean "the option of retreating wasn't available to him," you are correct. However, as a defense, SYG gives no legal advantages beyond those available for traditional self defense.

Offline RickyJim

  • Hero Member
  • *****
  • Posts: 1580
  • Rate Post +0/-0
What O'Mara Says the Case is All About
« Reply #21 on: August 13, 2012, 03:02:59 PM »
O'Mara Press Conference
Video courtesy DiWataMan

At about 24:50 on the Youtube video:

"We need to focus on what really happened.  And it seems to be drilled down to, Did George act reasonably to protect himself from great bodily injury?  That seems to be the issue.  Let's get down to it".

Now tell that to the guys debating on a witness thread whether a sound on the NEN tape was a doorchime or not.   ;)

Offline unitron

  • Hero Member
  • *****
  • Posts: 1060
  • Rate Post +0/-0
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #22 on: August 13, 2012, 03:08:59 PM »
What do you mean "the lesser standard wasn't available to hiim"? The SYG standard is that the person had the option to retreat, but chose not to. O'Mara is saying Zimmerman didn't have the option of retreating because Martin was sitting on top of him, assaulting him.  So if you mean "the option of retreating wasn't available to him," you are correct. However, as a defense, SYG gives no legal advantages beyond those available for traditional self defense.

Doesn't SYG give immunity from both criminal prosecution and civil suit?

Offline unitron

  • Hero Member
  • *****
  • Posts: 1060
  • Rate Post +0/-0
Re: What O'Mara Says the Case is All About
« Reply #23 on: August 13, 2012, 03:10:13 PM »
At about 24:50 on the Youtube video:

"We need to focus on what really happened.  And it seems to be drilled down to, Did George act reasonably to protect himself from great bodily injury?  That seems to be the issue.  Let's get down to it".

Now tell that to the guys debating on a witness thread whether a sound on the NEN tape was a doorchime or not.   ;)

Figuring out how the case should be decided is not the same thing as figuring out what actually happened.

Offline IgnatiusJDonnelly

  • Sr. Member
  • ****
  • Posts: 353
  • Rate Post +0/-0
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #24 on: August 13, 2012, 03:11:20 PM »
 ;D


Offline MJW

  • Hero Member
  • *****
  • Posts: 1304
  • Rate Post +0/-0
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #25 on: August 13, 2012, 03:21:49 PM »
Doesn't SYG give immunity from both criminal prosecution and civil suit?

Yes, but so does traditional self defense. The "stand your ground" statute provides two separate things. First, it allows someone who is legally present to claim self defense even though he or she had the option of retreating. Second, it allows someone claiming self defense to get the case dismissed prior to trial in a special hearing. A decision in the defendant's favor gives both criminal and civil immunity. The immunity hearing is available to all self defense claims, not just those where the defendant had the option of retreating.

Offline RickyJim

  • Hero Member
  • *****
  • Posts: 1580
  • Rate Post +0/-0
Re: What O'Mara Says the Case is All About
« Reply #26 on: August 13, 2012, 03:23:20 PM »
Figuring out how the case should be decided is not the same thing as figuring out what actually happened.

I think O'Mara meant figure out what actually happened during the physical confrontation.  We probably never will figure that out, let alone understand what Zimmerman and Martin were doing during the NEN call.  But we can figure out whether Zimmerman believed he was reasonable in shooting Martin, which is what the case ought to be decided on.

Offline amateur

  • Jr. Member
  • **
  • Posts: 38
  • Rate Post +0/-0
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #27 on: August 13, 2012, 03:45:34 PM »
What do you mean "the lesser standard wasn't available to hiim"? The SYG standard is that the person had the option to retreat, but chose not to.

My understanding is that SYG says there is no duty to retreat if you are attacked unprovoked.  I'm saying O'Mara seems to believe he won't be able to prove GZ was attacked unprovoked without witnesses corroborating GZ's version of that part of the altercation. 

I'm assuming that if the lesser standard (your words) were available to him he would have gone with that.

Offline annoyedbeyond

  • Hero Member
  • *****
  • Posts: 1407
  • Rate Post +0/-0
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #28 on: August 13, 2012, 03:46:03 PM »
Yes, but so does traditional self defense. The "stand your ground" statute provides two separate things. First, it allows someone who is legally present to claim self defense even though he or she had the option of retreating. Second, it allows someone claiming self defense to get the case dismissed prior to trial in a special hearing. A decision in the defendant's favor gives both criminal and civil immunity. The immunity hearing is available to all self defense claims, not just those where the defendant had the option of retreating.

I thought the only way to get civil immunity was the SYG route?

Offline nomatter_nevermind

  • Hero Member
  • *****
  • Posts: 5449
  • Rate Post +0/-0
Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #29 on: August 13, 2012, 04:07:41 PM »
Yeah, some people are freaking out at O'Mara saying this isn't a Stand  Your Ground case.  I thought he explained it well.

O'Mara himself has contributed to the muddled terminology in the past.

This is why I always refer to the hearing as an 'immunity hearing', never as an 'SYG hearing'.

'Dennis hearing' is OK from that standpoint, but I prefer the descriptive term.

 

Site Meter
click
tracking