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AyaK 10426 desperate attention whore postings DAW Level: "Playboy Centerfold"
04-12-12, 08:53 AM (EST)
112. "RE: Indictment: second-degree murde..."
You're right in one regard: prosecutors overcharge as a matter of course. Basically, the ethical standard is that, viewing the evidence in the light most favorable to the prosecution, you as a prosecutor should be able to convict the defendant of that charge -- and prosecutors tend to view their evidence in a very, very favorable light.
One fact that I haven't heard discussed in any of the public discussion is the result of the gunshot residue test. Normally, it's possible to determine the distance between the shooter and the victim. If there were a significant distance between them, that would detract from Zimmerman's claim that he felt in imminent danger when he fired and serve to contradict Zimmerman's story and the witness testimony in a way that such a charge might fly. Or if there was some evidence that Martin was fleeing (trajectory and distance), that might justify the charge.
If they were close together, though, I'd be surprised if the charge survived even the preliminary hearing.
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