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Friday 5 July 2013

George Zimmerman To Face Second Degree Murder Charge


According to The Guardian (US), George Zimmerman, the neighbourhood watch leader who shot dead the unarmed black teenager Trayvon Martin, leading to six weeks of mass protests, is to face a charge of second-degree murder.
The decision was announced at a press conference in Florida, ending 44 days of uncertainty over his fate and appeasing the family of the 17-year-old and their supporters, who had demanded his arrest. Zimmerman was taken into custody last night at the Seminole County jail in Sanford.
Zimmerman's attorney Mark O'Mara said his client will plead not guilty and asked that people not jump to conclusions about his guilt. He says he's "hoping that the community will calm down" now that charges have been filed and the case is moving forward.

Zimmerman, 28, was freed without charge after the killing on 26 February, saying afterward that he had shot Martin in self-defence and alleging the youth had pummelled his head on to a concrete pavement. Zimmerman had asserted he did not need to stand trial, citing Florida law, and the local police and county prosecutor had declined to charge him.
But special prosecutor Angela Corey, who was appointed to oversee the investigation by Florida's governor last month after an outcry from the local community drew attention from across America, saw it differently, saying that she found sufficient evidence to prosecute.
"I can tell you we did not come to this decision lightly," she said at the press conference in Jacksonville. "We prosecute based on the facts of any given case, as well as the laws of the state of Florida." We have to have a reasonable certainty of conviction before we file charges.
"It was a full investigation, full facts and circumstances that lead us to any decision on any case."
Corey added that it was "the search for justice for Trayvon Martin that has brought us to this moment".
Sybrina Fulton, Trayvon's mother, welcomed Corey's decision and praised the 2.2 million people who signed a petition on the websitechange.org demanding Zimmerman's arrest. "It has been so powerful to see so many people stand with our family," she said. "We feel much closer to justice with this decision to bring charges against our son's killer."
Tracy Martin, Trayvon's father, said: "This is just the beginning. We got a long way to go and we have faith. We will continue to walk by faith, we will march and march and march until the right thing is done."
Following the outcry over the case, Zimmerman had been hiding out of state, but he returned and had surrendered voluntarily, Corey said. She said he had the right to an appearance before a magistrate, which would probably be on Thursday morning, and the right to a bond hearing.
A conviction for second-degree murder can result in a life sentence under Florida law, but Corey said that seeking such a punishment was not an immediate concern.
"We don't make that determination at this time. What we are committed to do is get the case through the court system and then and if there is a decision we would concern ourselves with the sentence."
Zimmerman appointed his new attorney O'Mara to represent him after he had been dropped by his two previous lawyers. He is expected to repeat his defence under Florida's "stand your ground" law, adopted in 2005. Its terms permit the use of deadly force if a person believes his life to be at risk.
O'Mara said his client was troubled by everything that had happened. "I can't imagine living in his shoes," he said. "There's a lot of hatred focused on him. I'm hoping that the hatred settles down.
"Mr Zimmerman was rational and we're communicating well. He seemed very willing to listen and to do what we have to do moving forward."
Corey said she was used to fighting such an argument. "If 'stand your ground' becomes an issue, we fight it if we believe it's the right thing to do," she said. "We fight hard; some of them we've won, some we've fought hard and the judge has ruled against us." She also warned the media against further cover of the case or revelations that might prejudice the outcome of the trial. "There has been an overwhelming amount of publicity in this case," she said. "It is regrettable a lot of facts and details got put out and misconstrued. There is a reason cases are tried in the court of law and not in the court of the public and not in the media because details have to come out in excruciating and minute detail."
Prosecutors must now pick apart conflicting evidence and witness statements from the night of Trayvon's death, when Zimmerman called 911 to report he had spotted a "suspicious male" in the Retreat at Twin Lakes gated community.
A dispatcher told him: "We don't need you to do that," when he learned Zimmerman was following Trayvon, who was returning to the home of his father's girlfriend with a soft drink and some sweets. Recordings of 911 calls from neighbours released later captured screaming and shouting and a gunshot, but it is unclear who was calling for help.
Zimmerman, through his previous attorneys, claimed the screams were his. But Martin's family insist it was the youth's voice. Zimmerman also claimed the youth had broken his nose, and the police report stated that Zimmerman had blood on his nose and the back of his head, although video footage of him arriving at the Sanford police department was inconclusive. Another witness claimed he saw the two grappling on the ground before Zimmerman fired.
The killing and the decision six weeks ago not to charge Zimmerman caused a massive protest against the Sanford police department, whose chief, Bill Lee Junior, was forced to stand down.
Another casualty was Seminole county prosecutor Norm Wolfingfer, who recused himself from the case after being criticised for ruling there was insufficient evidence for even a manslaughter charge.
Rick Scott, the Florida governor, appointed Corey to take over the case on 23 March, the same date as the federal department of justice announced it would launch a parallel investigation into Martin's death.
Rev Al Sharpton, the civil rights leader who appeared at several rallies around the country with Martin's parents, said it was not a time to celebrate. "There's no victory here, there's no winners here, they've lost their son," he said at a press conference in Washington after Corey had spoken. "This is not about gloating, it's about pursuing justice. We have not won anything. All we've done is establish we must have the right to justice and redress in this country."
Sharpton also paid tribute to protestors who donned hooded tops, the clothes Martin was wearing on the night of his death, to make their voices heard.
"The prosecutor and governor did not make a decision based on public pressure, but they decided to review it based on public pressure," he said. "The credit should go to the nameless, faceless people, black, white, Latino and Asian, all over this country, that put hoods on and said, 'Take another look at this'."

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