Lack of proof of murder in Zimmerman case

Alan Dershowitz:

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.)

...

...  Corey, ... announced that her jobs was “to do justice for Trayvon Martin” — not for George Zimmerman.
...The prosecutor’s job is far broader: to do justice to the defendant as well as the alleged victim. As the Supreme Court has said: “The government wins . . . when justice is done.”
...

Dershowitz is much more knowledgeable about criminal law than I, but to my eye the evidence does not support a charge of second  degree murder.  I think the prosecutor may even have a tough time making a manslaughter case.  There are some who suggest that the case was brought to keep blacks from rioting.  That is not a prosecutors job.  It suggest she has opted for a legal lynching rather than seeking justice.

Just One Minute discusses how the Washington Post failed to disclose some key evidence in their story on the documents.  Some NBC type editing was involved where they left out words and failed to disclose the context of the remarks.