17 yo Trayvon Martin Shot to Death by Neighborhood Watch Captain #21

[Phoenixfla]

They can't get around that, he has to legally waive that right before they can speak to him without an Attorney.

Unless he is no longer facing charges.

 

[Karmady]

Even if he is unrepresented, the SA's office cannot speak to him unless he executes a specific waiver of his right to Councel, otherwise that is denying him his Miranda rights

You have a right to remain silent
You have a right to an Attorney ect..

They can't get around that, he has to legally waive that right before they can speak to him without an Attorney.

Of course. I was addressing Cityslick's issue about leaks from the prosecutor's office. I believe that the scope of their conversation with GZ was "you are represented, we can't talk to you" and "No, I am not"

 

[mikeysmommom]

Then we circle back to the original question which IS IF there is actual evidence that exists, that shows definitively that GZ was actually in a severe life and death struggle when he shot, WHY would you not avoid the media and the rally's and all the other bruha, and simply show it so that all of this could be avoided and life could go on? Why would anyone deliberatly subject themselves to this if they have the evidence and proof?

I don't believe that they would, I believe that if that proof actually existed that it would have been front and center while everyone in GZ's family and friend circle and their dog was out trying to clear his name and convince everyone of his innocence..IMO JMHO and stuff.

I have never seen anyone come out to defend themselves while a case is still under investigation.Any actual evidence that exists is in the hands of investigation where it should be,not the front page of a newspaper just so those in the public whose questions have not been answered are satisfied.In most investigations parents are not told all of whats going on until the investigation is over.JMO

 

[Elley Mae]

Maybe he called the SA office to tell them that the two whacko lawyers do not represent him. idk

 

[Sensei]

Thankfully the justice system is not set up where one has to prove their innocence.

The justice system does not require him to prove that he is innocent, but in this case he fully admits that he IS the person who shot Trayvon Martin.

What everyone wants him to show, at least by a proponderance of the evidence is that the amount of force he used, in this case deadly force was in fact appropriate to the circumstances. That a reasonable person would have been in fear of their life in similar circumstances, and that his use of force was reasonable.....IOW the family and the public just want to see some evidence that explains why an unarmed teenager is dead of a gunshot to the chest.

 

[LiveLaughLuv]

Even if he is unrepresented, the SA's office cannot speak to him unless he executes a specific waiver of his right to Councel, otherwise that is denying him his Miranda rights

You have a right to remain silent
You have a right to an Attorney ect..

They can't get around that, he has to legally waive that right before they can speak to him without an Attorney.

ITA...all this took place over the phone. GZ's hiding, has been since day two probably...can he waive his legal rights over the phone? I'm guessing he can as long as the SA has it recorded or else there's no proof...and a good attorney will get that thrown out...under a technicality...

I'm truly wondering if this 72 hour wait has to do with ACory giving GZ time to turn himself in peacefully...

I believe ACory has access to the autopsy report and can't wait to see that myself. That will be the driving force to charge GZ or not..along with the alleged racial slur..if that is heard, his charge would be elevated...and his account of things must match the evidence she uncovers..if its found he did not follow the dispatchers instructions to not follow, that turns his defense in the opposite direction..then the rest would be gravy...

 

[Sensei]

I have never seen anyone come out to defend themselves while a case is still under investigation.Any actual evidence that exists is in the hands of investigation where it should be,not the front page of a newspaper just so those in the public whose questions have not been answered are satisfied.In most investigations parents are not told all of whats going on until the investigation is over.JMO

Until the rally's and the media coverage, the investigation WAS over.

 

[Dr.Fessel]

Does this make any sense?

If the Special Prosecutor was not planning on charging George Zimmerman she could have talked to him all he wanted to.

I think because she refused to talk to him it means charges are coming.

 

[jaded cat]

Thankfully the justice system is not set up where one has to prove their innocence.

He shot someone. That is a fact, not speculation. The facts and evidence surrounding his use of a gun that night are not known to the public. That is what remains to be proven.

 

[Phoenixfla]

What everyone wants him to show, at least by a proponderance of the evidence is that the amount of force he used, in this case deadly force was in fact appropriate to the circumstances.

But the burden of proof is not on him. It is on the state to show that he DID use excessive force. Since charges have not been filed, we have to assume that they have not yet reached that conclusion.

 

[rossva]

Turn himself in for what? I can't see Cory telling some one that, "hey, we're gonna arrest you in 72 hours".

ITA...all this took place over the phone. GZ's hiding, has been since day two probably...can he waive his legal rights over the phone? I'm guessing he can as long as the SA has it recorded or else there's no proof...and a good attorney will get that thrown out...under a technicality...

I'm truly wondering if this 72 hour wait has to do with ACory giving GZ time to turn himself in peacefully...
I believe ACory has access to the autopsy report and can't wait to see that myself. That will be the driving force to charge GZ or not..along with the alleged racial slur..if that is heard, his charge would be elevated...and his account of things must match the evidence she uncovers..if its found he did not follow the dispatchers instructions to not follow, that turns his defense in the opposite direction..then the rest would be gravy...

 

[HiHater]

Turn himself in for what? I can't see Cory telling some one that, "hey, we're gonna arrest you in 72 hours".

Why not? Are people not given notice like that, to either turn themselves in or be arrested?

 

[JeannaT]

Until the rally's and the media coverage, the investigation WAS over.

Well, the tox tests were (and still are) out.

 

[annalia]

I have never seen anyone come out to defend themselves while a case is still under investigation.Any actual evidence that exists is in the hands of investigation where it should be,not the front page of a newspaper just so those in the public whose questions have not been answered are satisfied.In most investigations parents are not told all of whats going on until the investigation is over.JMO

You haven't?

I have, just to name a few;

Scott Peterson
Drew Peterson
Joran Van Der Sloot

JMHO

 

[tehcloser]

um....Isn't there something about the burden shifting when you claim the SYG defense?

 

[tehcloser]

Turn himself in for what? I can't see Cory telling some one that, "hey, we're gonna arrest you in 72 hours".

I can see it, especially if he's no where close to Florida...........

 

[LiveLaughLuv]

Does this make any sense?

If the Special Prosecutor was not planning on charging George Zimmerman she could have talked to him all he wanted to.

I think because she refused to talk to him it means charges are coming.

It does make sense Dr.Fessel...makes perfect sense and I do believe a manslaughter charge is on the horizon...I believe she will go with what that homicide detective wanted to charge GZ with...as long as she sees what the detective saw to draw his attention to a manslaughter change since he felt it's not s SYG defense...

SA's office could also be gearing up for a backlash either way..If GZ is charged, his supporters won't be happy..If he's not charged, TM's supporters won't be happy...either way, someone is unhappy..but as long as justice is the priority, whatever happens they will have to live with it..

I wonder if the National Guard is on alert....

 

[Sensei]

You haven't?

I have, just to name a few;

Scott Peterson
Drew Peterson
Joran Van Der Sloot

JMHO

Kobe Bryant
Duke LaCrosse
Jonbenet Ramsey

 

[Karmady]

Does this make any sense?

If the Special Prosecutor was not planning on charging George Zimmerman she could have talked to him all he wanted to.

I think because she refused to talk to him it means charges are coming.

Imo, there is no way she would have talked to him. Charges or not. You are not permitted to have any ex parte contact with a represented individual, particularly in connection with the very matter they are being represented on, regardless of whether there are charges coming. Just for example, if there is a non-party witness to a case and that non-party is represented by counsel, you still cannot contact that party directly -- even to discuss a matter as trivial as when or where their deposition will take place. That is true whether or not there is any basis whatsoever for potential civil or criminal liability on the part of the witness. jmo

 

[annalia]

Why not? Are people not given notice like that, to either turn themselves in or be arrested?

I'm not 100% sure how it always works, but didn't GZ's now former attorney say just that, that GZ would turn himself in? How could he have done that if he isn't given notice?

JMHO