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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