George Zimmerman acquitted in killing of Trayvon Martin

OTHERWISE: Perils of overcharging.

The acquittal on all counts of George Zimmerman is appalling, in my view. Also appalling is the conduct of the prosecutor – who had no evidence of Second Degree murder. The case should have been tried as a manslaughter case. From the moment the indictment was released it was plain that they did not have the evidence for second degree murder – as many observed. [See R.P.C. 3.8 The prosecutor in a criminal case shall: (a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause]
Instead the Prosecutor resorted to the improper – appearing at a press conference with a cross dangling from her neck babbling about praying with the Martin family and speaking of the “constitutional victim”. If they really wanted to overcome the presumption of criminality of the hoodie-wearing black teenage male they should have focused on the facts. That would have led them to a manslaughter case. Overcharging is like any other credibility issue. Every basic trial practice course tells you not to offer to prove what you cannot prove. The prosecutors of George Zimmerman neglected that basic rule. – GWC

One thought on “George Zimmerman acquitted in killing of Trayvon Martin

  1. I watched the same prosecution press conference. I do not believe it was improper for the Prosecutor to wear a cross or to pray with the Martin Family. I understand that you felt this conduct was improper (I, of course, don’t) but I also thought that the prosecutor was well-spoken and not “babbling.” I worry about using such pejorative language when it is not factually descriptive. I also have a different take on the verdict but I’ll write a full blog post on my view.

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