Dershowitz: Z. Arrest Affidavit "Irresponsible & Unethical"

[VMI77]

http://realclearpolitics.com/video/2012 ... hical.html

“Most affidavits of probable cause are very thin. This is so thin that it won’t make it past a judge on a second degree murder charge,” Dershowitz said. “There’s simply nothing in there that would justify second degree murder.

My respect for Dershowitz has waned some, but it's rising again with this interview.

According to Dershowitz there is nothing in the affidavit that even meets the standard of probable cause and additionally it's "unethical" because it doesn't tell the whole truth. He says the prosecutor should answer for this politically motivated action.

[RoyGBiv]

Wow.... and on MSNBC ....

[steveincowtown]

IMHO the 2nd Degree Murder Charge being thin is intentional on the DA's part and just a move to pass the buck down the line so that someone else can suffer the death threats, etc. that will come when this thing comes to an end.




This just all seems like a charade to me.

[varko]

IMHO the 2nd Degree Murder Charge being thin is intentional on the DA's part and just a move to pass the buck down the line so that someone else can suffer the death threats, etc. that will come when this thing comes to an end.




This just all seems like a charade to me.

My initial gut-feeling as well.

[GeekwithaGun]

IANAL, never been on a jury or involved in a criminal court case, unfortunately I don't see this going well for Mr. Zimmerman however this is played out.

If the case does not go forward and charges are dismissed, there will be backlash and more threats against him.
If the case does go to trial and he is aquitted, there will be backlash and more threats against him.
If it goes to trial and he is convicted - he'll be in prison.

I want the truth to be found, but not a conviction by public opinion or political motivations.

[philip964]

Wow.... and on MSNBC ....

obviously they did not find out his position before they booked him to be on. But yeah... wow.

[ScooterSissy]

This is what I think was a key point (and a point I've been making all along)

everything in the affidavit is completely consistent with the defense of self-defense

[fickman]

A very fair and responsible perspective. . . glad he spoke up.

[RPB]

Here's the affidavit
http://media.trb.com/media/acrobat/2012-04/69353440.pdf" onclick="window.open(this.href);return false;

[tommyg]

I don't know if zimmerman is guilty or not
I was not there or anywhere within 1000 miles of the incident when it happened

I strongly object to the irresponsibe way the news media has acted in this matter
The Media only wants to sell news papers
Courts need to decide justice not the media.


I gave a donation to Zimmerman's defense as a protest to the irresponsible actions of the media

If Zimmerman is really guilty I have no sympathy for him

if not guilty he should be released and allowed to go on with his life
TheRealGeorgeZimmerman.com


Therealgeorgezimmerman.com

[Kythas]

Here's the affidavit
http://media.trb.com/media/acrobat/2012-04/69353440.pdf" onclick="window.open(this.href);return false;

That affidavit has some serious flaws in it.

First off, Zimmerman did not confront Martin. According to the 911 recording, Zimmerman stated he had lost sight of Martin and was returning to his vehicle to await the police. Martin then confronted Zimmerman. This is a factual fallacy in the affidavit, which is a sworn document and the investigators may be charged with perjury for falsifying information in it.

Also, didn't the father of Martin say that he did not believe the voice calling for help on the 911 tape was Martin's? I'm fairly sure I read that somewhere.

There are also opinions made, such as Zimmerman had "profiled" Martin. This is an opinion and uses charged language and should not be in a probable cause affidavit, unless Zimmerman had stated to officers that he had "profiled" Martin.

This entire affidavit sounds like it was written by the attorney for Martin's family. A probable cause affidavit should contain only facts, not opinion and conjecture.

[SRH78]

Yes, it does have flaws, facts that aren't facts, omissions, and at least one lie.

[Excaliber]

I am astonished that this is the probable cause affidavit written by not one but two investigators with over two decades of homicide investigation each after extensive investigation in a case with an extremely high national profile.

It reads like something put together on a napkin in the local coffee shop based on elements grabbed from the first day's news reports.

The prosecutor's office should hang its head in shame.

[Charles L. Cotton]

I am astonished that this is the probable cause affidavit written by not one but two investigators with over two decades of homicide investigation each after extensive investigation in a case with an extremely high national profile.

It reads like something put together on a napkin in the local coffee shop based on elements grabbed from the first day's news reports.

The prosecutor's office should hang its head in shame.

I'm with you Excaliber! That affidavit is absurd.

Chas.

[WildBill]

I am astonished that this is the probable cause affidavit written by not one but two investigators with over two decades of homicide investigation each after extensive investigation in a case with an extremely high national profile.

It reads like something put together on a napkin in the local coffee shop based on elements grabbed from the first day's news reports.

The prosecutor's office should hang its head in shame.

I'm with you Excaliber! That affidavit is absurd.

Chas.

I guess that's good news for Mr. Zimmerman. I just hope when this case is dismissed they don't try to go the violation of civil rights route.