Quote:
Originally Posted by JoeRedskin
My opinion had been that this is a manslaughter case at best b/c nobody knows - beyond a reasonable doubt - that Zimmerman initiated the physical confrontation (negating the self-defense claim) or acted with "reckless disregard" (standard for gross negligence & 2nd degree murder) for Martin's safety. [I know others believe Zimm's known actions constituted an initation of the physical confrontation or constituted the requisite "reckless disregard" - based on my understanding of those to legal principles, I disagree but am not going to argue the isssue at this point.]
Do I think this changes things - yup. The wife gets up on the stand and she is pretty much doomed. Zimmerman almost has to testify to assert his "self-defense" defense. Once he does, he will (and should be) crossed mercilessly on his assertion of self defense. I don't know what status of the spousal immunity laws are in FL. Could the prosecution call her? Probably. Would they? Maybe. I probably would but it would also depend on a lot of other factors that go into case presentation that I haven't really looked at. Bottom line - Zimm's "poor little ol' me" defense has just taken a serious blow.
In a case where his affirmative defense places considerable reliance [EDIT: relies almost exclusively] on his credibility, he just torpedeod it. It still is the State's burden to show gross negligence (for 2nd degree) but Zimmerman will be taking a big risk if he gets on the stand to dispute the evidence presented.
I think this went from a likely not guilty with a possibility of manslaughter to a likelihood of manslaughter with a possibility of 2nd degree murder. Again, just my opinion - I am sure others here see it differently.
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Probably the most cogent, objective analysis I've heard anywhere from anyone regarding this case.