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RE: Zimmerman Trial - LIVE - 6/29/2013 9:15:50 AM   
Raiikun


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quote:

ORIGINAL: DomKen


quote:

ORIGINAL: Raiikun

Also fascinating... With all the national appearances Trayvon's mom made talking about how good he was...Trayvon's text messages show that she had kicked him out of the house for causing trouble.

So? Does being a teenager now equal a death sentence?


I have made no such claim. I simply said it was fascinating.

(in reply to DomKen)
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RE: Zimmerman Trial - LIVE - 6/29/2013 9:18:02 AM   
DomKen


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quote:

ORIGINAL: Raiikun

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: Raiikun

There is nothing in evidence to demonstrate George confronted anyone after a week of trial. And if he did, the duty to retreat would be at when the use of force occurred, at which time George was pinned to the ground.

That's why legal analysts are becoming increasingly vocal as the trial continues that George is likely to be acquitted.

So Martin rushed up to Zimmerman who wasn't following him and attacked him for absolutely no reason and with no warning. An attack so fast and devastating that Zimmerman was immediately on his back and helpless to defend himself except by drawing a gun and killing Martin.

Is that really what you're claiming?


The State seems to be doing a poor job of showing any evidence to the contrary. Evidence does strongly indicate that George had ceased following when advised to do so, as the fight started at the same spot where George agreed to not follow.

That seems unlikely. If Zimmerman stopped pursuing when told to that means he just stood around doing nothing for around 4 minutes. It seems much more likely that if he stopped pursuing and having lost sight of Martin he would return to his vehicle. Since that isn't what happened it is reasonable to conclude he didn't actually stop.

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RE: Zimmerman Trial - LIVE - 6/29/2013 9:19:50 AM   
kdsub


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quote:

ORIGINAL: mnottertail

The fight started where and ended where? The exhaustion of escape was where? Did Trayvon drag him? Nobody gives a fuck about the moment of the shot, he has admitted that crime, he now has to prove beyond a reasonable doubt that he meets the statute exception, for an aggressor.


It isn't like he was locked in a bathroom with the guy. Therein will lie the rub, no more and no less, the rest is ornamentation.





Am I wrong?...But the following is what Zimmerman's defense is trying to apply from the law....

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

The only problem I see is earlier in the statutes it says...

"(2) The presumption set forth in subsection (1) does not apply if:
(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person"


And did I not read that Martin was temporarily staying in the residential community Zimmerman was guarding as a neighborhood watchman?"

Damn details get mixed up in this case because of all the people acting like they know the facts...I'm not sure what is true.

Butch

< Message edited by kdsub -- 6/29/2013 9:21:30 AM >


_____________________________

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RE: Zimmerman Trial - LIVE - 6/29/2013 9:21:18 AM   
DomKen


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quote:

ORIGINAL: vincentML


quote:

ORIGINAL: mnottertail

The fight started where and ended where? The exhaustion of escape was where? Did Trayvon drag him? Nobody gives a fuck about the moment of the shot, he has admitted that crime, he now has to prove beyond a reasonable doubt that he meets the statute exception, for an aggressor.


It isn't like he was locked in a bathroom with the guy. Therein will lie the rub, no more and no less, the rest is ornamentation.



News to me that a defendent has to prove innocence beyond a reasonable doubt. Did I miss something above?

When the defense is an affirmative defense the burden shifts to the defense.

(in reply to vincentML)
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RE: Zimmerman Trial - LIVE - 6/29/2013 9:23:14 AM   
Raiikun


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quote:

ORIGINAL: DomKen


quote:

ORIGINAL: Raiikun

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: Raiikun

There is nothing in evidence to demonstrate George confronted anyone after a week of trial. And if he did, the duty to retreat would be at when the use of force occurred, at which time George was pinned to the ground.

That's why legal analysts are becoming increasingly vocal as the trial continues that George is likely to be acquitted.

So Martin rushed up to Zimmerman who wasn't following him and attacked him for absolutely no reason and with no warning. An attack so fast and devastating that Zimmerman was immediately on his back and helpless to defend himself except by drawing a gun and killing Martin.

Is that really what you're claiming?


The State seems to be doing a poor job of showing any evidence to the contrary. Evidence does strongly indicate that George had ceased following when advised to do so, as the fight started at the same spot where George agreed to not follow.

That seems unlikely. If Zimmerman stopped pursuing when told to that means he just stood around doing nothing for around 4 minutes. It seems much more likely that if he stopped pursuing and having lost sight of Martin he would return to his vehicle. Since that isn't what happened it is reasonable to conclude he didn't actually stop.


We have pretty much accounted for the time between George's call starting and Jenna Lauer's 911 call being picked up. There's not much time 'unaccounted' for, which is easily explainable by George waiting by RVC for police to show up, giving up, and being en route to his truck before being confronted by Trayvon.



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RE: Zimmerman Trial - LIVE - 6/29/2013 9:26:44 AM   
Raiikun


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quote:

ORIGINAL: DomKen


quote:

ORIGINAL: vincentML


quote:

ORIGINAL: mnottertail

The fight started where and ended where? The exhaustion of escape was where? Did Trayvon drag him? Nobody gives a fuck about the moment of the shot, he has admitted that crime, he now has to prove beyond a reasonable doubt that he meets the statute exception, for an aggressor.


It isn't like he was locked in a bathroom with the guy. Therein will lie the rub, no more and no less, the rest is ornamentation.



News to me that a defendent has to prove innocence beyond a reasonable doubt. Did I miss something above?

When the defense is an affirmative defense the burden shifts to the defense.


Not in Florida. The defense only has to show a small amount of evidence that their affirmative defense is possible (the defense has already more than met that burden).

At that point, the State must disprove that affirmative defense beyond a reasonable doubt.

If the shooting had taken place in, say, Ohio, then the defense would be required to show by a preponderance of the evidence that self defense happened.

But in Florida an affirmative defense does not shift burden of proof.

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RE: Zimmerman Trial - LIVE - 6/29/2013 9:30:30 AM   
mnottertail


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The burden of proof is lower, it is still up to the jury whether that is sufficient.


Again, where is the exhaustion of escape?

I am still waiting on the appellate court citation, btw.

< Message edited by mnottertail -- 6/29/2013 9:32:09 AM >


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Have they not divided the prey; to every man a damsel or two? Judges 5:30


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RE: Zimmerman Trial - LIVE - 6/29/2013 9:33:41 AM   
kdsub


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Ron what do you mean by exhaustion of escape...where does this come in?

Butch

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I don't see any use in having a uniform and arbitrary way of spelling words. We might as well make all clothes alike and cook all dishes alike. Sameness is tiresome; variety is pleasing

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RE: Zimmerman Trial - LIVE - 6/29/2013 9:38:35 AM   
mnottertail


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The statute which is the self defense statute in florida, I have posted a few times.

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Have they not divided the prey; to every man a damsel or two? Judges 5:30


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RE: Zimmerman Trial - LIVE - 6/29/2013 9:39:54 AM   
mnottertail


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quote:

ORIGINAL: mnottertail

Title XLVI
CRIMES
Chapter 776
JUSTIFIABLE USE OF FORCE
View Entire Chapter
776.041 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.


Here it is again Butch.


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Have they not divided the prey; to every man a damsel or two? Judges 5:30


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RE: Zimmerman Trial - LIVE - 6/29/2013 9:41:18 AM   
Raiikun


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And of course, anyone on the ground, straddled, has no reasonable means of retreat.

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RE: Zimmerman Trial - LIVE - 6/29/2013 9:48:59 AM   
mnottertail


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Nobody gives a fuck about that, he has admitted to the murder, he is seeking the statute exception of self defense, he had several chances to cease his aggravated stalking, (one of the issues in 2nd degree murder) his aggressor stance, he could have left at any time prior to being knocked down, say, during the shouting match which went on for how long?

Anywhere from his truck to where Martin was found, or even before. Unless Martin dragged him to the spot, near dead, I don't see any exhaustion of escape attempts prior to the murder.

_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


(in reply to Raiikun)
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RE: Zimmerman Trial - LIVE - 6/29/2013 9:51:30 AM   
Raiikun


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quote:

ORIGINAL: mnottertail

Nobody gives a fuck about that, he has admitted to the murder, he is seeking the statute exception of self defense, he had several chances to cease his aggravated stalking, (one of the issues in 2nd degree murder) his aggressor stance, he could have left at any time prior to being knocked down, say, during the shouting match which went on for how long?

Anywhere from his truck to where Martin was found, or even before. Unless Martin dragged him to the spot, near dead, I don't see any exhaustion of escape attempts prior to the murder.


If it is self defense, then by definition it was not murder.

Thus, George has admitted to no murder.

And if there was a duty to retreat ( there wasn't, as George was not the aggressor ), it would have been at the moment the shot was fired.

At that moment, there was no reasonable attempt to retreat.

That is one of the most absurd suggestions I have ever heard, that someone couldn't defend himself because of not retreating before he realized his life was in jeopardy. Fortunately that silly argument will have no place in a courtroom.

< Message edited by Raiikun -- 6/29/2013 9:55:20 AM >

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RE: Zimmerman Trial - LIVE - 6/29/2013 9:52:00 AM   
kdsub


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But Ron that only applies if it is use of force by the aggressor...Zimmerman is saying he was not the aggressor at the time of the attack and therefore it is the below part of the statutes that apply...

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

I guess it all comes down to who was the aggressor...and since there are no witnesses to that exact part of the happenings there will be " Reasonable doubt" and he will get off.

Butch

_____________________________

Mark Twain:

I don't see any use in having a uniform and arbitrary way of spelling words. We might as well make all clothes alike and cook all dishes alike. Sameness is tiresome; variety is pleasing

(in reply to mnottertail)
Profile   Post #: 394
RE: Zimmerman Trial - LIVE - 6/29/2013 9:54:35 AM   
mnottertail


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quote:

ORIGINAL: Raiikun


quote:

ORIGINAL: mnottertail

Nobody gives a fuck about that, he has admitted to the murder, he is seeking the statute exception of self defense, he had several chances to cease his aggravated stalking, (one of the issues in 2nd degree murder) his aggressor stance, he could have left at any time prior to being knocked down, say, during the shouting match which went on for how long?

Anywhere from his truck to where Martin was found, or even before. Unless Martin dragged him to the spot, near dead, I don't see any exhaustion of escape attempts prior to the murder.


If it is self defense, then by definition it was not murder.

Thus, George has admitted to no murder.


If it was self defense, and he has not met the statute requirements in any way I can see by anyones testimony, he has admitted to killing the guy, that is murder if it is not self defense, and that is what they are charging him with, if he doesn't have a reasonable shot at convincing the jurors he has met the statute (he will or not testify do you think?) then he has admitted to murder.

He can hardly say, no, I guess I didn't kill him, that would be all in all done according to statute.




_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


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RE: Zimmerman Trial - LIVE - 6/29/2013 9:56:34 AM   
Raiikun


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http://www.talkleft.com/story/2012/6/24/122557/873/crimenews/George-Zimmerman-Witness-Support-and-Legal-Recap

Quick recap of legal concepts.

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RE: Zimmerman Trial - LIVE - 6/29/2013 9:57:43 AM   
Raiikun


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http://blog.richardhornsby.com/2012/04/who-was-the-first-aggressor/

Bit about the aggressor rule.

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RE: Zimmerman Trial - LIVE - 6/29/2013 9:58:55 AM   
mnottertail


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quote:

ORIGINAL: kdsub

But Ron that only applies if it is use of force by the aggressor...Zimmerman is saying he was not the aggressor at the time of the attack and therefore it is the below part of the statutes that apply...

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

I guess it all comes down to who was the aggressor...and since there are no witnesses to that exact part of the happenings there will be " Reasonable doubt" and he will get off.

Butch



Aggravated stalking shows him as the aggressor, he was already told that he didn't need to follow the guy by the cops (regardless of how anyone wants to mince that asswipe) and thats where I am at in the statute. Did he admit to following him, yes. Did he admit to killing him, yes, has he given any testimony or has anyone given that he tried to get away from Travon at anytime during the altercation? There was a shouting match. Why wasnt fuckface face down when Martin reigned down his blows (LOL)? He would have been by attempting to run away.

_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


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RE: Zimmerman Trial - LIVE - 6/29/2013 10:01:55 AM   
Raiikun


Posts: 2650
Status: offline

quote:

ORIGINAL: mnottertail


quote:

ORIGINAL: kdsub

But Ron that only applies if it is use of force by the aggressor...Zimmerman is saying he was not the aggressor at the time of the attack and therefore it is the below part of the statutes that apply...

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

I guess it all comes down to who was the aggressor...and since there are no witnesses to that exact part of the happenings there will be " Reasonable doubt" and he will get off.

Butch



Aggravated stalking shows him as the aggressor, he was already told that he didn't need to follow the guy by the cops (regardless of how anyone wants to mince that asswipe) and thats where I am at in the statute. Did he admit to following him, yes. Did he admit to killing him, yes, has he given any testimony or has anyone given that he tried to get away from Travon at anytime during the altercation? There was a shouting match. Why wasnt fuckface face down when Martin reigned down his blows (LOL)? He would have been by attempting to run away.


False. The State has not alleged stalking at all, nor does stalking fit the circumstances of that night.

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RE: Zimmerman Trial - LIVE - 6/29/2013 10:02:51 AM   
BitYakin


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quote:

ORIGINAL: mnottertail

Nobody gives a fuck about that, he has admitted to the murder, he is seeking the statute exception of self defense, he had several chances to cease his aggravated stalking, (one of the issues in 2nd degree murder) his aggressor stance, he could have left at any time prior to being knocked down, say, during the shouting match which went on for how long?

Anywhere from his truck to where Martin was found, or even before. Unless Martin dragged him to the spot, near dead, I don't see any exhaustion of escape attempts prior to the murder.



wow nice to know you speak for everyone, "nobody gives a fuck about that" I more like YOU don't give a fuck about that, but alot of other people DO

as for the "during the shouting match which wen ton for how long? question

according to testimoney from the closest thing to a witness we have, there was NO SHOUTING match at all, tray asked why are you following me, (descriptive words, yelled shouted screamed were NOT USED) to which zim responded who are you and/or why are you here. (again, no mention of shouting or yealling) then the scuffle ensued so the time frame seems to me to be just a few seconds at best

get out a stop watch and try it, say those words aloud, even SLOWLY and no more than 10 seconds will have passed

and according to zim's statment he WAS RETREATING when confronted, and so far there is zero evidence to dispute that claim

< Message edited by BitYakin -- 6/29/2013 10:05:10 AM >

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