**
Dr. Eowyn posted: "Jay Gaskill is a licensed attorney who was the Public
Defender of Alameda County in the San Francisco Bay Area. Gaskill is also a
registered Democrat who, despite his party ID, is my friend. LOL It is
therefore significant that, based on the trial t" Respond to this post
by replying above this line
New post on *Fellowship of the Minds*
<http://fellowshipofminds.wordpress.com/author/eowyn2/> Democrat pubic
defender: Zimmerman acted in
self-defense<http://fellowshipofminds.wordpress.com/2013/07/01/democrat-pubic-defender-zimmerman-acted-in-self-defense/>
by
Dr. Eowyn <http://fellowshipofminds.wordpress.com/author/eowyn2/>
Jay Gaskill is a licensed attorney who was the Public Defender of Alameda
County in the San Francisco Bay Area.
Gaskill is also a registered Democrat who, despite his party ID, is my
friend. LOL
It is therefore significant that, based on the trial testimonies thus far,
Gaskill believes that George Zimmerman was acting in justified self-defense
when he struggled with and then shot Trayvon Martin. Gaskill also believes
that, given the facts, the prosecution should never filed and pursued a
murder charge against Zimmerman. That the prosecution did do that suggests
they're acting from PC pressure, in a case that Obama, as the President of
the United States, had unseemly and irresponsibly politicized with his
incendiary remark: "If I had a son, he'd look like Trayvon."
FOTM is grateful for Mr. Gaskill's permission to republish his essay from
his Out*lawyer's
Blog<http://jaygaskill.com/outlawyer/2013/06/28/martin-versus-zimmerman-or-politically-correct-prosecution-vs-justice/>
.
*~Eowyn*
[image:
ht_george_zimmerman_head_dm_120419_wmain]<https://fellowshipofminds.files.wordpress.com/2012/04/ht_george_zimmerman_head_dm_120419_wmain1.jpg>
*Zimmerman's head wounds from his "encounter" with Martin.*
*Martin versus Zimmerman or Politically Correct Prosecution vs.
Justice*<http://jaygaskill.com/outlawyer/2013/06/28/martin-versus-zimmerman-or-politically-correct-prosecution-vs-justice/>
Legal commentary & OPINION
By Jay B. Gaskill, Attorney at Law
June 28, 2013
Trayvon Martin <http://jaygaskill.com/MARTINversusZIMMERMAN.htm#_ftn1> died
in a struggle, not - as one breathless media-bot proclaimed just before
trial – from being “gunned down.”
*The evidence now unambiguously shows that, at the time of the fatal shot,
Mr. Zimmerman was down; and Mr. Martin was on top of him, administering a
first class beating.*
The following is a reasonably accurate summary of the general law as it
applies to self-defense cases -
“The circumstances under which he acted must have been such as to produce
in the mind of a reasonable prudent person, similarly situated, the
reasonable belief that the other person was then about to kill him or to do
him serious bodily harm. In addition, the Defendant must have actually
believed that he was in imminent danger of death or serious bodily harm and
that deadly force must be used to repel it. If evidence of self-defense is
present, the State must prove beyond a reasonable doubt that the Defendant
did not act in self-defense.”
On the face of it – and *from the prosecution’s case so far – it appears
that Mr. Zimmerman has a strong self-defense case right out of the box.
Few prosecutors I know would – except in extremis and under relentless
political pressure –file and pursue a murder charge in a case like Mr.
Zimmerman’s.*
If the prosecution can salvage anything from this disaster it might be a
manslaughter case based on the doctrine of “imperfect self-defense”, on the
notion – so far unproven – that Mr. Zimmerman provoked the struggle and
then acted with unnecessary and unreasonable force when he began to lose
the fight.
This probably won’t work. *No evidence has surfaced that Zimmerman
initiated the use of force and the legal test of his response to being
pummeled is what a reasonable person would do if similarly situated. *
Were it my defense case, I would argue – and this can be done very
persuasively – that Mr. Zimmerman faced a deadly threat because he was
carrying a firearm against a crazed opponent who could not be counted on to
use restraint if he (Martin) got control of it during the struggle.
When violently attacked, there is no duty to flee or to turn the other
cheek.
I know it is premature to comment, but as the facts have so far unfolded,
it would appear to be a grave miscarriage of justice if Mr. Zimmerman were
convicted of murder (absent some compelling new evidence, so far not even
hinted at). A manslaughter conviction would be more of a misfire, than a
miscarriage, a repellant sop to those fevered souls who had hoped to turn
this tragedy into some kind of racial cause-celeb.
I am deeply sorry the Mr. Martin died and that Mr. Zimmerman must go
through this nightmare parody of a political trial.
Or so it seems from my remote viewing platform.
JBG
*Dr. Eowyn <http://fellowshipofminds.wordpress.com/author/eowyn2/>* |
July 1, 2013 at 2:09 pm | Tags: George Zimmerman
trial<http://fellowshipofminds.wordpress.com/?tag=george-zimmerman-trial>,
Jay Gaskill <http://fellowshipofminds.wordpress.com/?tag=jay-gaskill>, Trayvon
Martin <http://fellowshipofminds.wordpress.com/?tag=trayvon-martin> |
Categories: crime <http://fellowshipofminds.wordpress.com/?cat=34945349>,
Media <http://fellowshipofminds.wordpress.com/?cat=292>,
persecution<http://fellowshipofminds.wordpress.com/?cat=79343>,
Race <http://fellowshipofminds.wordpress.com/?cat=1871403>,
Racism<http://fellowshipofminds.wordpress.com/?cat=34931845>,
United States <http://fellowshipofminds.wordpress.com/?cat=5850> | URL:
http://wp.me/pKuKY-mkb
Comment<http://fellowshipofminds.wordpress.com/2013/07/01/democrat-pubic-defender-zimmerman-acted-in-self-defense/#respond>
See all
comments<http://fellowshipofminds.wordpress.com/2013/07/01/democrat-pubic-defender-zimmerman-acted-in-self-defense/#comments>
Unsubscribe or change your email settings at Manage
Subscriptions<https://subscribe.wordpress.com/?key=80d8873ee52adffe4e178d01c25562cf&email=goosepickles%40gmail.com>.
*Trouble clicking?* Copy and paste this URL into your browser:
http://fellowshipofminds.wordpress.com/2013/07/01/democrat-pubic-defender-zimmerman-acted-in-self-defense/
Thanks for flying with WordPress.com <http://wordpress.com>
--
--
Thanks for being part of "PoliticalForum" at Google Groups.
For options & help see http://groups.google.com/group/PoliticalForum
* Visit our other community at http://www.PoliticalForum.com/
* It's active and moderated. Register and vote in our polls.
* Read the latest breaking news, and more.
---
You received this message because you are subscribed to the Google Groups
"PoliticalForum" group.
To unsubscribe from this group and stop receiving emails from it, send an email
to [email protected].
For more options, visit https://groups.google.com/groups/opt_out.
