Democrat public defender: Zimmerman acted in self-defense

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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.

~Eowyn

ht_george_zimmerman_head_dm_120419_wmainZimmerman’s head wounds from his “encounter” with Martin.

Martin versus Zimmerman or Politically Correct Prosecution vs. Justice

Legal commentary & OPINION

By Jay B. Gaskill, Attorney at Law

June 28, 2013

Trayvon Martin 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

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0 responses to “Democrat public defender: Zimmerman acted in self-defense

  1. No matter the outcome, this is just a big mess from the beginning. With the PC police, it was doomed. Hope justice prevails.

     
  2. I don’t mean to be rude, but did you notice the typo in your heading: “pubic” instead of “public”? I was hoping you would think it was funny like I did.

     
  3. Could this just be a case where the “gun” is the guilty party? Maybe they are going to prove that if Zmmerman had never been armed then he would not have been charged and he’s guilty because of being associated with the “gun”. Maybe it’s anti gun propaganda? Or perhas it was timed so that the mixed reception in Africa and the Snow Job and Benghazi would be mitigated somehow or at least a red herring to attract the publics’ attention.

     
  4. Oh and the Media is on the job..NOT!!
    Cnn has reported/Broadcast Zimm’s SS # Loonies go crazy retweeting
    Wonder how many new CCards opened today.
    http://www.breitbart.com/Big-Journalism/2013/07/01/CNN-broadcasts-Zimmerman-social-security

     
  5. Thank you Dr. Eowyn for this informative post. I completely agree with Attorney Gaskill as to his analysis of this case insofar as the evidence to date has been presented. I was a former Public Defender for an Indian Tribe and although each American Indian Tribe may have different laws, those laws cannot be in contrivance to federal laws of this land. I also completely agree that the prosecution of Zimmerman was motivated by the king’s intervention in this matter, which should have never been initiated in the first place! What about the numerous murders committed by black Americans with regard to Caucasian Americans, or Hispanic Americans, et al.?

     
  6. I would like to see more outrage from the black community for all the black on black murders in Chicago that we seem to be reading about on a daily basis. Senseless murders. I’m sure those guns are “registered”, too. Criminals will always have “illegal” access to guns. I think I’ve read where are strict gun laws there—-hummmmmm-gun control advocates somehow just can’t use common sense & realize that the criminals & “gangstas” don’t care about laws!
    And, yes, joandarc-statistics always show black on white crimes very far exceed any white on black crimes. I find it ironic that any white accused of harming a black, has the wrath of the likes of JJ & “not so Sharpton” stirring up protests & staying in the news–but they seem to turn a blind eye on all the black on black killings ! I wonder why they don’t ever go to Chicago & talk to the black gangs & others prone to shooting fellow blacks ???I
    I realize it’s not just in Chicago, but Chicago sure has been in the news often with more of the killings.

     
  7. When Bill Clinton was at his political nadir, his wife Hillary, had the good sense to call in Dick Morris; and President Clinton had the good sense to heed sage advice. But a serious case of narcissism can operate as a thick bubble that hinders such rescues. Nothing that this author has yet so far detected suggests that Mr. Obama’s bubble is ready to grant insider admission even to a “good” democrat like James Carville, let alone one like Pat Caddell [i] .

     
  8. Pingback: Trayvon Martin’s father says not his son’s voice in 911 call | The D.C. Clothesline

  9. Winifred Morriss

    The prosecution in closing blamed Zimmerman for making assumptions and profiling Travon, which is exactly what they were doing making assumptions about Zimmerman and profiling him as a wanna be cop. The prosecution is making a mockery of the justice system drumming up charges and trying to make a case.

     

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