Author Topic: Latest from Dershowitz  (Read 1616 times)

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Offline RickyJim

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Latest from Dershowitz
« on: February 27, 2013, 07:45:53 AM »
Interview with Steve Malzberg.
I was surprised by D saying that if he was Zimmerman's lawyer he would move to have the NEN call ruled inadmissible at trial.  He argues that since Zimmerman is not using Stand Your Ground but standard Self Defense, the only thing that is important is what happened after the physical confrontation started.  I don't completely follow that since it would mean that Second Degree Murder is not being considered.

Offline leftwig

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Re: Latest from Dershowitz
« Reply #1 on: February 27, 2013, 08:24:58 AM »
The NEN call doesn't really do anything to help GZ in a legal sense other than maybe providing some validation to his statements about the events that transpired before the two met face to face.  Of course, it also seems to be inconsistent with some of his other statements, so I'd call it a wash.  The defense might want to use it to show how calm GZ was to refute the notion that GZ was out to get TM, but thats mostly circumstantial and the call is missing the last minute or two before the 2 meet face to face.  The only parts of the NEN the prosecution wants to use are the expletives and the statement that he was following TM.  I'd think overall, having the NEN deemed inadmissible would be beneficial to the defense.  There is no chance in heck this judge is going to throw it out if the prosecutor wants it in.

Offline RickyJim

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Re: Latest from Dershowitz
« Reply #2 on: February 27, 2013, 08:50:22 AM »
I can imagine a situation where the charge has been reduced to Manslaughter, DeeDee is out, and both sides admit they can't prove who started the confrontation.  Then the immunity hearing and trial are all about Self Defense.  Then forensics, autopsy, Zimmerman's injuries and most important, Witness #6 rule.

Offline leftwig

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Re: Latest from Dershowitz
« Reply #3 on: February 27, 2013, 09:05:44 AM »
I can imagine a situation where the charge has been reduced to Manslaughter, DeeDee is out, and both sides admit they can't prove who started the confrontation.  Then the immunity hearing and trial are all about Self Defense.  Then forensics, autopsy, Zimmerman's injuries and most important, Witness #6 rule.

This is pretty close to how I see it going down.  I've felt from the beginning that the only thing the prosecution had was to argue that GZ's injuries weren't significant enough to use deadly force.  I think its a loser given the recorded screams, witness testimony and injuries suffered, but I can see that it is arguable.

Offline nomatter_nevermind

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Re: Latest from Dershowitz
« Reply #4 on: February 27, 2013, 11:13:55 PM »
Does Corey really have a reputation for overcharging? I googled that once, and all the hits I got led to Dershowitz.

I know there was a controversy about her wanting to try a juvenile as an adult. Technically that is different from overcharging, although it might reflect a similar disposition.
« Last Edit: February 27, 2013, 11:15:36 PM by nomatter_nevermind »

Offline nomatter_nevermind

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Re: Latest from Dershowitz
« Reply #5 on: February 27, 2013, 11:17:10 PM »
The only parts of the NEN the prosecution wants to use are the expletives and the statement that he was following TM. 

How do you know that?

 

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