Drop George Zimmerman’s Murder Charge

Alan Dershowitz, NY Daily News, May 18, 2012

A medical report by George Zimmerman‘s doctor has disclosed that Zimmerman had a fractured nose, two black eyes, two lacerations on the back of his head and a back injury on the day after the fatal shooting. If this evidence turns out to be valid, the prosecutor will have no choice but to drop the second-degree murder charge against Zimmerman—if she wants to act ethically, lawfully and professionally.

There is, of course, no assurance that the special prosecutor handling the case, State Attorney Angela Corey, will do the right thing. Because until now, her actions have been anything but ethical, lawful and professional.

She was aware when she submitted an affidavit that it did not contain the truth, the whole truth and nothing but the truth. She deliberately withheld evidence that supported Zimmerman’s claim of self-defense. The New York Times has reported that the police had “a full face picture” of Zimmerman, before paramedics treated him, that showed “a bloodied nose.” The prosecutor also had photographic evidence of bruises to the back of his head.

But none of this was included in any affidavit.

Now there is much more extensive medical evidence that would tend to support Zimmerman’s version of events. This version, if true, would establish self-defense even if Zimmerman had improperly followed, harassed and provoked Martin.

A defendant, under Florida law, loses his “stand your ground” defense if he provoked the encounter—but he retains traditional self-defense if he reasonably believed his life was in danger and his only recourse was to employ deadly force.

Thus, if Zimmerman verbally provoked Martin, but Martin then got on top of Zimmerman and banged his head into the ground, broke his nose, bloodied his eyes and persisted in attacking Zimmerman—and if Zimmerman couldn’t protect himself from further attack except by shooting Martin—he would have the right to do that. (The prosecution has already admitted that it has no evidence that Zimmerman started the actual fight.)

This is a fact-specific case, in which much turns on what the jury believes beyond a reasonable doubt. It must resolve all such doubts in favor of the defendant, because our system of justice insists that it is better for 10 guilty defendants to go free than for even one innocent to be wrongfully convicted.

You wouldn’t know that from listening to Corey, who announced that her jobs was “to do justice for Trayvon Martin”—not for George Zimmerman.

As many see it, her additional job is to prevent riots of the sort that followed the acquittal of the policemen who beat Rodney King.

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