Wednesday, March 21, 2012

Is the "Stand your ground Law" being misapplied in the Trayvon Martin case?

By Stephanie B. Moss, Esquire

Did the Sanford Police Department misapply the so-called “stand your ground law”? I believe the answer to that question is YES. Self-defense is just that. A defense. First the defendant needs to be charged and prosecuted. Then he or she has the opportunity to mount a defense. George Zimmerman says he was acting in self-defense but how do we know that? It is just his story. The Sanford Police Department just took Zimmerman’s word for it. He obviously has an aggressive nature if he’s previously been charged with violent crimes. Why would this child have attacked a man who was over 100 pounds bigger than him? Why would George Zimmerman who was MUCH larger than Trayvon Martin be scared for his life even if he had been attacked?
In order to claim self-defense there must be a reasonable belief that your life is in danger by the attacker. Even if Trayvon had attacked Zimmerman (and I don’t believe he did). I don’t see how reasonable it is to believe that this 17 year old kid who’s much smaller than you is going to kill you. That’s not reasonable. It is all about reasonableness. The State needs to prove beyond a reasonable doubt that George Zimmerman shot and killed Trayvon Martin. And they have the ability to do that. Zimmerman is free to claim an affirmative defense by saying ,“Yes I did it but I did it to defend myself.”

Isn’t it more reasonable to believe that the injuries sustained by Zimmerman occurred while Trayvon was defending himself? Zimmerman’s self-defense claim and the Police Department’s inaction become more and more absurd with each passing day. Since the 911 tapes have been released we can hear the wailing of an innocent child in the background of the recordings for nearly a minute prior to the shot being fired… the wailing of a child begging for his life that ends with a gunshot. Sybrina Fulton (Trayvon’s mother) has already said there is no doubt in her mind that the crying she heard in the recording was her son. With each 911 call that is released and each detail that is unearthed the incompetence of the Sanford Police Department becomes evident. Casey Anthony was held in custody for years, and put on trial for the murder of her daughter when the State of Florida didn’t even have a cause of death much less and identity of the killer. Here we know exactly what the cause of death was and who was responsible. AT A MINIMUM, THE STATE OF FLORIDA NEEDS TO PUT ZIMMERMAN ON TRIAL AND LET HIM CLAIM HIS DEFENSE!

This was NOT truly self-defense in my opinion. Zimmerman was obviously the aggressor in this situation and he needs to be charged and prosecuted for his actions. TO NORM WOLFINGER & THE SANFORD POLICE DEPARTMENT: STOP MISAPPLYING THE LAW AND CHARGE GEORGE ZIMMERMAN IMMEDIATELY.