What would be his motive?
The motive of the officer to embellish the police report would be to justify the profiling that likely caused some of the officers involved and Wolfinger and Chief Lee to decide Trayvon was probably just some black who, if he didn't commit a crime that day, had in the past or would have in the future, so no charges. Zimmerman just got rid of one more bad apple.
Looks like Francis fits right in with the shuck and jive being laid out in this deal. When Anderson Cooper asked him, on 3/21, about GZ and his gun, Francis said he was SHOCKED!:
But on 4/9, when telling about GZ and the 2/2 incident at his house, Francis sang a different tune to JVM:
Why does this not surprise me?
Wow. He is such a big liar.
and you don't know about it because they are juveniles. Their records are private. They are not identified by name. And when they turn 18 the records are expunged.
When I was doing consulting, I needed and got a security clearance to see criminal histories in the state's database. (I was looking to see who had re-offended afer release to compare the rehabilitation program group to the control group). I was surprised to learn that children as young as 7 had been arrested. People often think that juvenile records are kept separate and sealed but they aren't, at least not in my state. I don't have the link right now but I did read where the Department of Justice had confirmed that Trayvon had no criminal record, not even of arrests.
The juvenile justice department, not the public and not the media, stated Trayvon had no record. I know some really, really want to believe Trayvon was a with a record. But, he just did not have one. That the public can't access most juvenile records does not change that. Clearly, the juvenile justice department can.
Would anything Trayvon said to his girlfriend via phone the night of the incident be allowed in court or is that hearsay?
Technically, it is all hearsay and would not be allowed in. However, I could see an argument that it should be let in to show TM's "state of mind."
Hey Hornsby, what about the declarant unavailable exception?
Home >
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The 2011 Florida Statutes >
Title VII >
Chapter 90 > Section 804
2011 Florida Statutes
Title VII
EVIDENCE
Chapter 90
90.804 Hearsay exceptions; declarant unavailable.—(1) DEFINITION OF UNAVAILABILITY.—“Unavailability as a witness” means that the declarant
![Frown :( :(](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
a) Is exempted by a ruling of a court on the ground of privilege from testifying concerning the subject matter of the declarant’s statement;
(b) Persists in refusing to testify concerning the subject matter of the declarant’s statement despite an order of the court to do so;
(c) Has suffered a lack of memory of the subject matter of his or her statement so as to destroy the declarant’s effectiveness as a witness during the trial;
(d) Is unable to be present or to testify at the hearing because of death or because of then-existing physical or mental illness or infirmity; or
(e) Is absent from the hearing, and the proponent of a statement has been unable to procure the declarant’s attendance or testimony by process or other reasonable means.
http://www.flsenate.gov/laws/statutes/2011/90.804
That's what I was citing as how Trayvon's statements to his girlfriend come in.
And yet, according to the link you just quoted, what Zimmerman experienced would have been classified as a temporary detention, and not an arrest.
That is exactly what happened to Zimmerman - in fact, it was even referred to specifically as "investigative detention" by Sanford PD. The line for me is, if Zimmerman had decided at any point that he no longer wanted to cooperate and wanted to leave, could they have held him against his will? The language of the statement from Sanford's PD chief, IMO, indicates no.
http://www.sanfordfl.gov/investigation/docs/Zimmerman_Martin_shooting.pdf
So once Zimmerman invoked SYG, which it appears he did immediately at the scene of the crime, it seems they didn't feel they had much if any authority to do anything with regard to detaining him against his will. Whether the investigators believed him or not (and it doesn't appear they did), at that point it looks like they were just getting the story straight and filling out paperwork. I think Zimmerman, feeling nice and safe once had wrapped himself in SYG, was perfectly happy to tell his side of the story, wherever they wanted him to tell it.
Yes, and according to my links, it also describes an arrest. An "arrest" does not always have to be a formal one, where there are charges that follow and the officer states, "You are under arrest."
IMO, investigative detention, again, is closer to what happened to casey anthony when she was placed in cuffs and in a squad car by police for several minutes. Yet even then, there were serious arguments in court that what happened to her constituted an arrest and thus any statements she made after, were inadmissible since she was not given the Miranda warning. Most of the attorneys on board were worried those arguments would hold up.
Investigative detention usually applies to an on scene detention. The cops don't know what's happening right away and they need to secure the area and keep everyone safe until they can investigate and determine what happened. So, someone, or more than one, is placed in handcuffs.
Let me just say this, if Zimmerman made any statements to the police that night after being placed in handcuffs, that are damaging to his self-defense case, and Miranda warnings were not given, his attorney would argue he was arrested and any statements should be inadmissible. Although I don't do criminal law, I know I would be making that argument for my client under similar circumstances. It's really law school 101.
Again, when casey anthony went voluntarily to Universal Studios with LE, went into a room with them and answered their interrogation questions, no handcuffs, no locked door, the defense argued that THAT was an arrest. Far less restrictive than what happened with Zimmerman.
Here's what Hornsby had to say at the time:
And as has been discussed at
WebSleuths by
AZLawyer, Judge Perry’s decision will hinge on the following four factor analysis used in Florida and outlined in
Ramirez v. State, 739 So. 2d 568 (Fla. 1999):
- The manner in which police summon the suspect for questioning;
- The purpose, place, and manner of the interrogation;
- The extent to which the suspect is confronted with evidence of his or her guilt; and
- Whether the suspect is informed that he or she is free to leave the place of questioning..
The reason this analysis is so important is that if it is determined that a reasonable person in the defendant’s position (here, Casey Anthony) would have believed herself to be in custody, law enforcement would have been required to administer proper Miranda warnings at the point a reasonable person would have felt them self in custody. And any statements made after that point, without the benefit of Miranda, would have been illegally obtained and will therefore be suppressed.
http://blog.richardhornsby.com/2011/03/a-favorable-appellate-case-for-the-state/
I suppose it's really a semantics issue. Apparently, Zimmerman was not formerly arrested for homicide. He certainly was not charged. But he was "in custody". It was more than an investigative detention. In custody is an arrest when it comes to constitutional rights.
Of course, Zimmerman is not arguing his rights were violated, so it is not that important in that sense. It is important to me, though, because unlike a handcuffing on the side of the road, this kind of "arrest" would be more likely to be surrounded by a more thorough investigation. Like pictures being taken of any injuries, crime scene photos, etc. At least I hope so.
In the beginning of this case, it appeared they did a very cursory investigation before deciding to let Zimmerman off the hook. Which was outrageous. Now I am getting the sense that they did more. And that is a relief because it means we will have more information with which to get to the truth.