Prosecutors Face Uphill Battle In Zimmerman Case
SANFORD (CBSMiami/AP) – Now that a second degree murder charge has been leveled against neighborhood watch captain George Zimmerman in the death of Trayvon Martin, prosecutors will have a number of obstacles to overcome if they hope to win a conviction.
Prosecutors will have to prove that the shooting was rooted in hatred or ill will and counter Zimmerman's claims that he shot Martin to protect himself while patrolling his gated community in Sanford, according to legal experts. Zimmerman's lawyers would only have to prove by a preponderance of evidence, a relatively low legal standard, that he acted in self-defense at a pretrial hearing to prevent the case from going to trial.
There's a "high likelihood it could be dismissed by the judge even before the jury gets to hear the case," Florida defense attorney Richard Hornsby said.
Zimmerman, 28, who turned himself in at a county jail Wednesday after prosecutor Angela Corey announced the charge. He is scheduled to appear before a magistrate Thursday and plead not guilty in the Feb. 26 shooting of the 17-year-old that set off a nationwide debate about racial profiling and the rights to self-defense.
"He is concerned about getting a fair trial and a fair presentation," his attorney, Mark O'Mara said. "He is a client who has a lot of hatred focused on him. I'm hoping the hatred settles down ... he has the right to his own safety and the case being tried before a judge and jury."
Speaking Thursday on NBC's "Today" show, O'Mara said Zimmerman is stressed and very tired and hoping to get bail.
"He wants to be out (of jail) to be able to help with his defense, but overall he is doing ok," O'Mara told NBC.
Corey would not discuss how she reconciled conflicting accounts of the shooting by Zimmerman, witnesses and phone recordings that indicated Martin thought Zimmerman was following him.
"We do not prosecute by public pressure or by petition. We prosecute based on the facts on any given case as well as the laws of the state of Florida," Corey said.
Many attorneys said they had expected the prosecutor to opt for the lesser charge of manslaughter.
"I predicted manslaughter, so I'm a little surprised," said Michael Seigel, a former federal prosecutor who now teaches law at the University of Florida. "But she has more facts than I do."
Martin's parents expressed relief over the decision to prosecute the person who shot their son.
"The question I would really like to ask him is, if he could look into Trayvon's eyes and see how innocent he was, would he have then pulled the trigger? Or would he have just let him go on home?" said his father, Tracy Martin.
The confrontation took place in a gated community where Martin was staying with his father and his father's fiancée. Martin was walking back in the rain from a convenience store when Zimmerman spotted him and called 911. He followed the teenager despite being told not to by a police dispatcher and the two got into a struggle.
Zimmerman told police Martin punched him in the nose, knocking him down, and then began banging the volunteer's head on the sidewalk. Zimmerman said he shot Martin in fear for his life.
Sanford police took Zimmerman into custody the night of the shooting but released him without charging him.
A judge could dismiss the charge based on the "stand your ground" law, legal experts said. But some experts say the judge will also be under tremendous pressure to let the case go forward.
"Judges are not likely to take that out of the hands of the jury," said Florida defense attorney Randy Reep.
Other attorneys weren't surprised that Corey went for the maximum. If convicted of second degree murder Zimmer could be sentenced to life in prison.
"Prosecutors look for leverage. They'll typically overcharge knowing that gives them wiggle room for plea discussions," said Derek Byrd, incoming president of the Florida Association of Criminal Defense Lawyers. "She knows that she could offer him manslaughter at some point or get in front of a jury that could split the verdict and agree on a lesser offense."
Corey wouldn't discuss how she arrived at the charges or disclose other details of her investigation.
In Washington, Martin's family pleaded for calm in response to the decision. But Martin's mother, Sybrina Fulton, clasped hands and smiled in relief when she heard Corey utter the words "second-degree murder" on television.
"We wanted an arrest and we got it," Fulton said later. "Thank you Lord, Thank you, Jesus."
WEB VIDEO EXTRAS:
- WEB EXTRA: Seminole County Sheriff Holds New Conference After Zimmerman Booking
- WEB EXTRA: George Zimmerman's Attorney Speaks To Media After Charges Announced
- WEB EXTRA: Sanford Officials React To Zimmerman Charges
- WEB EXTRA: Trayvon Martin's Family Reacts To Zimmerman Charges
- WEB EXTRA: Special Prosecutor Announces Zimmerman Charges Pt. 1
- WEB EXTRA: Special Prosecutor Announces Zimmerman Charges Pt. 2
(TM and © Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
