Special prosecutor: I may need no grand jury in Trayvon Martin case

[Baitball Blogger]

Source: Orlando Sentinel

The special prosecutor in the Trayvon Martin case said she hopes to make a decision without a grand jury about whether to arrest the man who killed the unarmed black 17-year-old in Sanford, according to a Florida newspaper.

Angela Corey, the state attorney in Duval, Clay and Nassau counties, took over the case Thursday when Gov. Rick Scott named her special prosecutor following growing protests and complaints by civil rights leaders that local authorities had botched the investigation.

"I always lean towards moving forward without needing the grand jury in a case like this," the Miami Herald quoted her as saying. "I foresee us being able to make a decision and move on it on our own."

Efforts by the Orlando Sentinel to reach her Wednesday were not successful. A spokeswoman in her office would not confirm the quote and said Corey was concentrating on the investigation and would be unavailable indefinitely.

Read more: http://articles.orlandosentinel.com/2012-03-28/news/os-trayvon-martin-prosecutor-corey-20120328_1_grand-jury-special-prosecutor-civil-rights-leaders

[hay rick]

1. More on this story.

here: http://www.miamiherald.com/2012/03/28/2717866/tough-minded-prosecutor-in-spotlight.html

From the article:
In Florida, the decision on whether to indict someone in capital cases must be made by a grand jury. In all lesser cases the decision to file charges are routinely made by prosecutors. But in highly controversial or difficult cases, prosecutors often defer to a grand jury, leaving the politically charged decision to a panel of citizens...

So the decision to proceed without a grand jury would preclude trying Zimmerman for a capital offense. Corey has earned a reputation for trying a lot of juveniles as adults including Cristian Fernandez.

More from the article:
“Sometimes the people murdered aren’t innocent, sometimes they’re drug dealers — sometimes they put themselves in harm’s way,” she said. “And you know what? We fight just as hard for them.”

The decision on whether or not to arrest Zimmerman will likely turn on whether the shooting can be justified under Florida’s so-called Stand Your Ground law, which allows people who believe they are in danger of grave injury or death to use deadly force in self defense.

Corey has tried several so-called “affirmative defense” cases during her career, and said Stand Your Ground can make prosecution more difficult, though not impossible.

[Baitball Blogger]

4. Interesting.

And Jeb Bush has already stated that SYG does not qualify in this case. If Corey is influence by politics, maybe that will give us an indication as to where she's headed.

It would be helpful to fully understand where George Zimmerman is getting his political cover.

[greiner3]

15. "where George Zimmerman is getting his political cover."

NRA, NRA, NRA, NRA, NRA...

[gejohnston]

18. Ummmm no

Daddy's money, Daddy's money, Daddy's money, Daddy's money

[X_Digger]

7. A grand jury would also be a lot less transparent.

I'm wondering if that's part of her decision- if it looks like a slam dunk with all the evidence, go the more public route.

If she wants to distance her (and the state) from it, turn it over to a grand jury..

[1monster]

31. That statement cannot be completely true...

In Florida, the decision on whether to indict someone in capital cases must be made by a grand jury.

I know of one case where a man was arrested and held over for trial on a capital case by order of a judge. No grand jury was involved at all.

[Ruby the Liberal]

2. I thought the GJ was scheduled for the 10th?

What a clown circus.

[Travelman]

22. That was the original prosecutor

The original DA had scheduled a grand jury to present what the Sanford PD gave him (?). While I haven't seeen it specifically stated anywhere, I'm under the impression that since there's a new special prosecutor involved, that stuff from April 10 un-happened and they started all over again.

[slackmaster]

3. Sigh

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

[Baitball Blogger]

5. All they're trying to do is arrest him.

At this point I would think his father understands that protected custody might be the safest place for him.

[Kurska]

10. Are you suggesting arrest without charge or on a lesser charge?

That would cause more problems than it solves.

[Baitball Blogger]

12. Can't they arrest him for more than one thing?

Start at the top and work your way to the bottom?

The only thing that would make sense about the delay is waiting for the forensic evidence. For example, gun powder stains. Wouldn't Trayvon have them on his clothing if he was shot at close range? And of course, the direction of the entry and exit wound.

Once those two things are determined, the rest should fit like a glove.

[lunatica]

13. Shooting at close range would put gun powder on Zimmerman's clothes and hands too

[Baitball Blogger]

14. I don't think there's a question hat Zimmerman was the one who pulled the trigger.

[hedgehog]

26. At this point, we don't even have solid information

as to whether Martin was shot form the front or shot in the back!

[JDPriestly]

8. She could bring him in on some charge other than the Trayvon Martin case

without a grand jury perhaps. I don't know. I'm just guessing. He might be brought in on a different charge and then a homicide charge would be added, anything from manslaughter on up. As I said, I'm just guessing. I wonder whether that quote attributed to the Miami Herald is at all true. The Orlando Sentinel is not a newspaper that I have confidence in at least with regard to this case.

[EFerrari]

9. The article says the Sentinel was not able to verify that quote

from the Miami Herald independently with the prosecutor.

[Kurska]

11. Such as Unlawful discharge of a firearm or something?

It would be completely bizarre and open up a huge legal can of worms that wouldn't help get him convicted. They should continue to gather evidence and send it to a grand jury if they think they can get a conviction.

[Myrina]

32. ... are 911 operators considered 'law enforcement'?

If so, and he blatantly disregarded the operator's "orders" to stop following Martin, could he be charged with "Obstruction" or "Criminal Mischief" or somesuch?

[pinboy3niner]

16. Manslaughter is not a capital crime in Florida

Would it meet the legal definition of "otherwise infamous"?

If not, there would be no bar to the prosecutor charging him on her own authority.

[NoGOPZone]

17. Florida Constitution Article 1, Sec 15 A

No person shall be tried for capital crime without presentment or indictment by a grand jury, or for other felony without such presentment or indictment or an information under oath filed by the prosecuting officer of the court, except persons on active duty in the militia when tried by courts martial.

http://fcit.usf.edu/FLORIDA/docs/c/const/const01.htm

edited to include link

[A Simple Game]

33. I think a lot of people are getting tried and charged mixed up. n/t

[Travelman]

23. DAs bring indictments without grand juries all the time

In fact, I'd say that's more common than seating a grand jury. However, everyone reserves the right to demand a grand jury, even for a parking ticket. I've seen this happen plenty of times in court. I was in court about a month ago on a simple traffic ticket (taillight out; I had to show my receipt showing where I had gotten it fixed), and I saw people who actually demanded grand juries for things like reckless driving and speeding tickets. They were represented by attorneys, so presumably they felt that they could roll the dice and maybe the grand jury would return no bill.

[slackmaster]

24. Is unlawful parking considered an "infamous crime" in your state?

Do you understand that a grand jury is not the same thing as a trial jury?

[Travelman]

25. I'd have to go back and double-check the state constitution

IIRC, our constitution allows for someone to demand a grand jury for anything for which they may be subject to a fine of more than something like $50 or more than 48 hours of jail time. The trick is that many (most?) laws are written such that the penalty is broad. Parking in a no-parking zone is technically punishible by "up to" 30 days in jail or something like that. Obviously, no one ever gets that, but because the maximum penalty is over the threshold, someone charged with that may, at their choice, demand a grand jury be empaneled.


All of this is rather a diversion, though. The point was that there's no big deal about this lady from Jacksonville bringing charges even without empaneling a grand jury. If it becomes an issue, Zimmerman can demand that the charges be sent to a grand jury to see if they return a true bill or not.

[slackmaster]

27. Grand juries indict people. They don't decide facts at trials.

HTH

[Travelman]

28. No one claimed anything to the contrary.

n/t

[slackmaster]

29. In reply 25 you wrote "our constitution allows for someone to demand a grand jury..."

That's not how it works. Our constitution allows for someone to demand a jury trial. A grand jury serves at the pleasure of the judiciary.

[Travelman]

35. That most certainly is how it works here

In cases in which the prosecution brings charges without a grand jury indictment, at one's initial plea hearing, one may either accept the prosecution's indictment, or one may demand a grand jury for an indictment. Happens every day here, and I know that North Carolina works the same way.


Edit: Also, "our consitution" in #25 was specifically referring to the state constitution.

[slackmaster]

38. Thanks for the clarification. That is definitely not the case in California.

[Justice wanted]

6. I personally don't like that statement. Makes me smell fish... I pray I am wrong.

[drynberg]

19. BRING ON THE GRAND JURY,

these clowns have wasted more than a month on a MURDER 1 CASE, plus a hate crime to boot. Bring on Justice Now, not later. Or, forget FL and bring on the FEDS. This is outfrigginoutrageous!!

[COLGATE4]

20. What makes you believe that this is

a potentially Murder 1 case? Where is the premeditation?

[JoeyT]

36. If he stalked him for a while

and got out of his car with the intention of shooting him, which can't actually be ruled out, then it would be premeditated.

If I read Florida law right, you can be charged with murder 1 without premeditation depending on what you were doing when it happened. Depending on what happened leading up to the shooting, it might happen. Or at least he might be charged with it so he will plead guilty to a lesser charge.

[COLGATE4]

37. Trying to make a Murder 1 case out of this could

result in the same fiasco as the Casey Martin trial. If you overcharge you run the risk that the defense attorney will call your bluff and make you prove it before a jury. And we saw how well that worked with Casey.

[JoeyT]

39. True.

And it isn't like Murder 2 is a slap on the wrist.

Yeah, the state doesn't get to kill you or make sure you die in jail, but the average sentence for murder 2 in Florida is something like 20 years.

[slackmaster]

21. April 10

Patience.

[BadGimp]

30. I am concerned this is an attempt to cover police behavior after the shooting

Zimmerman can and will be set adrift

But the state and the town, county are really at risk here based on how the police handled the investigation and resulting activities

No grand jury limits the exposure in advance of a trial and then all they need to do is force Zimmsman to cop a plea and they an hide much if not all of the police behavior

Just speculating...

[KatieRobinson19]

34. enough to know

Surely, the special prosecutor has enough information to make a decision. She knows that Trayvon Martin is dead. She knows George Zimmerman shot him. She has heard Zimmerman's side of the story from Zimmerman, the police department, medical records (if there are any), witnesses, Zimmerman's media spoke persons (who were not present) , Zimmmerman's attorney and now his father, the former judge. She has seen the the video tapes, heard the 911 calls and ton of other evidence that the public is not aware of.
However, she has not heard Trayvon Martin's version and she never will because he is dead.

By now she knows whether there is anymore relevant contemporaneous information to be received. She knows that the seventeen old year old dead kid was tested for drugs and what the results were. She knows he was suspended from school and whatever. While I don't find those results and that information relevant; she might and she knows already.

The author of the stand your ground law and the governor who signed it into law, have both indicated that the law does not apply in this situation. However, her opinion may differ. But surely she knows one way or the other.

We are talking about an arrest and a charge. We are not talking about a conviction. Whether she can get a conviction or not depends on whose on the jury. Why is she prolonging making a decision about an arrest and a charge.

Zimmerman will get his presumption of innocence in a way that seventeen year old Trayvon Martin never did and never will.

She has enough to know what her decision will be.