Zimmerman's Wont Be Able To Claim Indigent Status After Raising $200k

Mark O'Mara, George Zimmerman's lawyer, had been hoping to make a motion before the court to claim that his client should be deemed an indigent case so as to get taxpayer funds to cover the costs of his trial preparation.

That's not going to go over well considering that Zimmerman's website (before it was taken down yesterday) netted him over $200,000 for his defense fund. I doubt O'Mara will press the motion, and it could raise questions on whether bail was set sufficiently high.

O'Mara asked the judge if he could disclose the donor list and information about the accounts in a private meeting to avoid exposing contributors to "ridicule and danger." On CNN last night, O'Mara said up to 50 people had sent checks for Zimmerman's defense—he said Zimmerman casually brought it up with him after last week's hearing: "He asked me what to do with his PayPal accounts, and I asked him what he was talking about," O'Mara told Anderson Cooper. "He said those were the accounts that had the money from the website he had. And there was about ... $204,000 that had come in to date." O'Mara added that Zimmerman used some of the money already for living expenses, and the rest has now been placed in a trust by O'Mara.

Also at the hearing, prosecution asked for a gag order on O'Mara, which the judge rejected. And attorneys for the Orlando Sentinel, WFTV-Channel 9, NBC, CNN, The New York Times and other media companies gathered in court to argue in favor of access to records in the Zimmerman case.

I still think the bail was set reasonably if on the low end. Bail is supposed to insure that the defendant appears - not punitive to keep someone in jail unless they are a clear risk to the public.

Florida's Governor Rick Scott Announces Task Force To Review Self-Defense/Gun Laws

Following the death of Tayvon Martin at the hands of George Zimmerman and the outrage over the failure to arrest Zimmerman immediately after the incident, Governor Rick Scott has announced that a task force will review the state's stand your ground laws and other gun laws to issue a recommendation on how to fix the laws.

"After listening to many concerned citizens in recent days, I will call for a Task Force on Citizen Safety and Protection to investigate how to make sure a tragedy such as this does not occur in the future," Scott said at the time.

The task force will study Florida's "Stand Your Ground" law, which allows people to use deadly force anywhere they feel a reasonable threat of death or serious injury, Scott has said.
It is unknown how the law may ultimately factor into the defense case of George Zimmerman, the neighborhood watch volunteer who fatally shot Martin on February 26. The 28-year-old has told authorities the killing was in self-defense.

The case has raised questions about just what Stand Your Ground allows, when it applies and whether it achieves its intended effect.

A member of the U.S. Civil Rights Commission, Michael Yaki of San Francisco, said last week he will ask the agency to investigate such laws.

Considering that stand your ground has little utility outside one's residence, place of business, or vehicle, the law should be restricted to those situations.

Moreover, the person initiating the incident should not be allowed to benefit from stand your ground should another person get injured as a result of standing your ground. In other words, if person X follows Y and initiates a series of events that leads to Y's death, X cannot benefit from using stand your ground as a defense.

The law should also allow law enforcement greater latitude in investigating cases where stand your ground is considered. Stand your ground should be allowed as an affirmative defense, not preempting all criminal investigation and/or limiting investigations into potential homicides or other altercations. The fact is that law enforcement opposed stand your ground when it was proposed, but the Florida legislature pushed the legislation despite the now-confirmed fears of law enforcement that crimes would go un-investigated and criminals un-punished because of the loopholes that stand your ground enables.

Special Prosecutor To Charge George Zimmerman in Tayvon Martin Death: UPDATE: In Custody and Charged With 2d Degree Murder

The special prosecutor charged to review the evidence gathered by Gov. Rick Scott, has decided that she will press ahead and charge George Zimmerman in the death of Tayvon Martin. The case has made headlines around the world (I first learned of the case while watching Sky News in Israel) and shed light on the problems associated with Florida's Stand Your Ground statute. From the Washington Post:

Florida special prosecutor Angela Corey plans to announce as early as Wednesday afternoon that she is charging neighborhood watch volunteer George Zimmerman in the shooting of Trayvon Martin, according to a law enforcement official close to the investigation.

It was not immediately clear what charge Zimmerman will face.

It will clearly not be first degree murder (that would have required seating a grand jury to review the case). It will most likely be under Fl. Stat. 782.07 - manslaughter or murder 3 under Fl. Stat. 782.04, depending on what the lesser included charges may be (depends on the evidence of whether other crimes were in consideration). I think it will most likely be the manslaughter charge, rather than the murder 2 charge since we have no indication that Zimmerman engaged in any other crime, though it is conceivable that the prosecutor could determine that Zimmerman was stalking Martin at the time of the incident. That would elevate the charges to murder 3.

It isn't clear whether Zimmerman will surrender to authorities, but we do know that he is no longer represented by the counsel who originally took the case. They quit the case yesterday, and seemingly left Zimmerman hang to dry, claiming that he was not taking calls, taking advice, and also suggested that Zimmerman had left the jurisdiction of Florida, which sets up the possibility of a manhunt unless he turns himself in.

UPDATE:
It turns out that Zimmerman's already in custody and the prosecutor has charged him with second degree murder. That's probably due to both strong evidence against Zimmerman plus the ability to give leeway to a plea deal.

UPDATE:
Note too he's got a new lawyer. Mark O'Mara, an Orlando lawyer and former prosecutor. His background is much more on point:

Mark M. O'Mara has been practicing Criminal and Family Law in Central Florida for 28 years, and is presently Board Certified as a Criminal Trial Specialist and a Marital and Family Law Specialist. Mark is a former felony prosecutor and Division Chief and has handled all types of criminal cases, including traffic, property crimes, DUI, drug cases and Death Penalty cases. He has extensive trial experience in both state and federal criminal defense. Mark also represents clients in contested divorce cases, involving child time sharing issues, alimony and division of assets. Mark is also involved in many Bar activities, including serving as President of the Seminole County Bar Association and serving on both Circuit and Federal Grievance Committees. He currently serves as the legal analyst for Central Florida's WKMG Channel 6.

From the CV, he seems much more capable of dealing with the media crush, as well as dealing with the legal issues of the case.

It's Time For Florida Move To Amend The Stand Your Ground Statute

Are Florida legislators taking the hint about the mess with Stand Your Ground that were exposed by the Tayvon Martin death at the hands of George Zimmerman and moving to act to modify/amend/repeal it?

Thus far, the Senate has not considered any changes - the 2005 items were the enacting/amending legislation imposing SYG.

No action in the House either.

The Florida Statute that needs to be addressed is Fla. Stat. Sec. 776.012.

If you're a Florida resident and want to see this law changed, this is where you've got to put pressure on legislators to change the SYG law to give civilians no greater rights to use firearms than law enforcement (as it stands, a civilian could shoot someone in cold blood and claim self defense and not even be charged unless there's probable cause - and even then, prosecutors are showing themselves unwilling or incapable of doing so, but a police officer in the same situation would likely find themselves assigned to desk duty, brought up on charges of police misconduct, and face potential civil damages cases too).

It's one thing to stand your ground on your own property or in your own home. It's quite another for someone to do so on a public street or byway or park. And it has the potential to put more than those involved in the incident at risk. At a minimum, the law should be amended such that a person is not entitled to SYG if they initiate the contact or thereafter chase after the person.

The fact is that law enforcement was opposed to this legislation at the outset and the legislature enacted it over their objections. We're now seeing the results of that disastrous choice, and it is past time for Florida to rectify the situation. It may not bring back Tayvon Martin, but it could spare others who are killed under similar circumstances.