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Sunday :: April 15, 2012

Sully, Wanker

Great choice by Atrios. The recounting of all of Sully's wanking is virtually impossible, but I do think Atrios should have mentioned Sully's championing of the Stupidest Man Alive, Donald Luskin over Paul Krugman as well as running his own entry for Stupidest Man Alive.

But these a re quibbles. All efforts to remind folks who and what Andrew Sullivan is and was are welcome. Yea Atrios!

Speaking for me only

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Obama Goes to Colombia, Says No to Legalization

Obama weighs in on HookerGate, in which some secret service agents may have retained the services of prostitutes in Colombia, before Obama arrived.

I hope it doesn't get buried that Obama also ramped up the war on drugs while there:

He announced an increase to more than $130 million of funds dedicated to bolstering security and going after narco-traffickers and "gangs" in the region.

Here are his comments from the summit addressing drug legalization. Not surprisingly, his view is "Just say no" to legalization:

"I personally, and my administration's position is, that legalization is not the answer." He reiterated that position while talking at the summit itself, saying "the United States will not be going in this direction."

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Can the State Prove Zimmerman's Ill-Will, Hatred, Spite and Evil Intent:?

I'm still trying to figure out why the state's attorney in Florida would charge George Zimmerman with second degree murder in the shooting death of Trayvon Martin, and approve the filing of such an empty affidavit for an arrest warrant, that with all its other faults, fails to even refer to, let alone establish, the elements of the charged crime.

Where is their evidence that Zimmerman's act of shooting Trayvon demonstrated a depraved mind and was an act "done from ill will, hatred, spite, or an evil intent," indicative of an indifference to human life, as required for a second degree murder conviction? What is their theory?

Here's my theory: Every Affidavit Tells a Story. When examining an affidavit, the choice of words, the sequence of events and the facts omitted are all key to something. The story may not be the truth, but it represents the state's version of what it believes to be the truth. Affidavits are intended to tell the story in such a way that the reader will conclude it is both accurate and makes sense. They can also be a road map showing how the state intends to prove its case.

After reading the affidavit for George Zimmerman's arrest at least 10 times, each time more perplexed than I was here by the lack of probable cause for a second degree murder charge and its other shortcomings, I decided to focus instead on the state's story. (If this isn't it, then I'm out of guesses and there is just no excuse for the heavy-handed charging.) [More...]

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Sunday Open Thread

Roger Clemens gets a do-over trial.

Radley Balko examines The Unchecked Charging Power of the Prosecutor with reference to, among others, the George Zimmerman case.

If Angela Corey is a Minister of Justice, why is she prosecuting this 12 year old as an adult for murder?

Cristian Fernandez was charged as an adult at age 12 for murder 1, which carries a life sentence. He is the youngest person ever charged as an adult for murder in Jacksonville. If convicted, he will be the youngest person convicted of adult murder in America. [More...]

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Friday :: April 13, 2012

Zimmerman Judge Discloses Potential Conflict

Circuit Court Judge Jessica Recksiedler, who has been assigned the case of George Zimmerman, held a quick status conference by telephone with the lawyers today to disclose her husband's law partner will be commenting on the case for CNN. The video of the hearing is here. (new link, old one removed by network.)

The judge hearing the George Zimmerman case today announced that her husband works for the law firm of Mark NeJame, who's been hired to act as a CNN analyst for this case.

Circuit Judge Jessica Recksiedler said she had an ethical obligation to disclose that and allow Zimmerman's attorney or the special prosecutor to ask her to step down.

(Added:) The news didn't get it quite right. He doesn't just "work for" the analyst's firm, he's a partner in the firm. The judge used the words "works with" not "works for."

Mark O'Mara says the issue "concerns him" and he may ask for another judge next week. A bond hearing has been set for April 20, one week from today. [More....]

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Wankers - Joe Klein's Day

Atrios makes the much expected choice of Joe Klein as one of the Wankers of The Decade. He recounts many, but not nearly all of Klein's wankerific moments. I wrote a lot about him back in the day, when he seemed more important. Here's one example, a post I wrote in 2005, Diagnosing Joe Klein, when Klein sided with Republicans on the Terri Schiavo issue:

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Friday Open Thread: And in Other News

A federal court in Virginia today will hear arguments on what to do with the data on the MegaUpload servers.

Jury selection is underway in the John Edwards trial. The witness list was released late yesterday. Not surprisingly, it includes Rielle Hunter and Andrew Young. The Judge told prospective jurors:

"This is not a case about whether Mr. Edwards was a good husband or politician," U.S. District Judge Catherine Eagles told the jury pool. "It's about whether he violated campaign finance laws."

....“You can watch 'Law & Order’ and 'CSI’ 24 hours a day,” she said. “I know this will shock you, but they make stuff up.”

This is an open thread, all topics welcome.

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Thursday :: April 12, 2012

Stand Your Ground and Self Defense

How do Florida's Stand Your Ground and self-defense laws fit into the George Zimmerman-Trayvon Martin case and what's the difference between them?

Read this account in the Miami Herald by Scott Hiassen and David Ovalle of the Quentin Wyche case, which is still ongoing. It involves two FIU football players. One, Kendall Berry, is dead. The other, Quentin Wyche, has been charged with second degree murder as a result of stabbing Berry to death. Wyche raised "Stand Your Ground" as a bar to prosecution, which required the judge to hold a factual hearing. The judge said he couldn't decide between the competing evidence presented by the state and defense, so he denied the motion. It will go to a jury trial where Wyche can still raise both stand your ground and self defense.

The Judge is Miami Circuit Court Judge Milton Hirsch, whom I know and respect. He was a long time criminal defense lawyer before becoming a judge. I asked Scott Hiassen for a copy of the opinion and he graciously emailed it to me. I have uploaded it here.

While the facts are different than those involved in the George Zimmerman - Trayvon Martin shooting, after reading a dozen or so Florida court opinions on Stand Your Ground and self-defense, I think Judge Hirsch explains them and the court procedures most clearly (minus his Shakespeare and historical references, sorry Judge Hirsch.) [More...]

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Zimmerman Arrest Affidavit Says Word Used Was "Punks"

Here's the affidavit of probable cause submitted for the arrest of George Zimmerman on second degree murder charges for the shooting death of Trayvon Martin. It is written and sworn to by States' Attorney Special Investigators T.C. O'Steen and Dale Gilbreath, both former investigators with the Jacksonville Sheriff's Department. They don't believe there was a racial slur.

During the recorded call Zimmerman made reference to people he felt had committed and gotten away with break-ins in his neighborhood. Later while talking about Martin, Zimrnerman stated "these a*sholes, they always get away and also said “these f*cking punks.”

[More..]

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George Zimmerman's First Court Appearance

George Zimmerman had his first court appearance today. His arraignment was set for May 29. Unless he's granted bail before then, he'll remain jailed. At a news conference I just watched that took place after the brief court hearing, the prosecutor who will be in charge of the case refused to answer questions about the facts that led to the second degree murder charged. By the end of his conference, he displayed a short fuse and testy demeanor.

George Zimmerman's new lawyer, Mark O'Mara, addressed the media, and said he and Zimmerman decided a few hours before the hearing to delay their request for bail. He said they will be requesting bail sometime within the next few weeks. He also said Zimmerman is in protective custody at the jail, and that he supported the placement for safety reasons. [More..]

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Thursday Morning Open Thread

Busy today.

Open thread.

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Wednesday :: April 11, 2012

George Zimmerman Charged With Second Degree Murder

Update: Is this Florida's modified version of the perp walk? There was a throng of media outside the jail awaiting George Zimmerman's arrival. When the garage doors opened, two black cars pulled in, one of which had George Zimmerman inside. Orlando TV aired his arrival live, pointing their cameras through the window to get the shot of him exiting the vehicle and being taken inside.

At a press conference today, Florida state's attorney Angela Corey, the chief prosecutor assigned to the investigation into the shooting death of Trayvon Martin, announced George Zimmerman has been charged with second degree murder. You can read the charges here. [More...]

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