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Lead Homicide Investigator in Trayvon Case 'Unconvinced' by Zimmerman's Story

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ausador3/27/2012 12:51:59 pm PDT

I hate to be a wet blanket here but expectations of justice in this case are pretty much a forlorn hope. Florida’s laws as currently written (stand your ground) pretty much exclude any possibility that Zimmerman can be successfully prosecuted for any crime in this case.

Even if he is someday indicted and then found guilty of manslaughter by a jury reacting to Zimmermans needless pursuit and escalation of the situation and perhaps also influenced by the public outcry over this event, the conviction will not stand an appeal.

But Sanford, Fla., Investigator Chris Serino was instructed to not press charges against Zimmerman because the state attorney’s office headed by Norman Wolfinger determined there wasn’t enough evidence to lead to a conviction, the sources told ABC News.

Which, as frustrating as it is, is an entirely correct and factual statement. Barring unequivocal new evidence coming to light that would prove Zimmerman started the alleged physical confrontation with Trayvon by throwing a punch rather than say, “trying to physically restrain him,” Zimmerman simply is not provably guilty of any crime under Florida law.

As long as he sticks to his self-defense claim and there is no reliable first hand evidence to prove otherwise there is simply no way to convict him of anything.

No it isn’t right, and no it isn’t justice, but the State Courts are tasked to uphold the laws as written by the legislature, they have to follow the law, not their sense of right and wrong or their gut. In this case the Florida legislature has stuck the courts with a badly written and poorly thought out law that in some instances can be used to literally legally justify murder.

The fact that the D.A. cannot expect a conviction in this case is not his fault, he is only stating the realistic facts of the case. The fault rests with the legislators who under pressure from the N.R.A. and other “gun rights” lobbyists radically changed the long-standing concept of self-defense from passive defense only to one that includes “offensive defense” (oxymoron anyone?).

Sigh…anyway, just wanted to say that if your building up hopes of seeing Zimmerman “Punished” for his actions your very likely going to be disappointed. Perhaps the Feds can find something to charge him with, but it will not be murder or even manslaughter those could only be prosecuted by the State, and that just is not going to happen… :(