Revolving Door Justice? George Zimmerman A free Man Plus Atlanta Defense Attorney Speaks Out

| April 23, 2012 | 0 Comments

The admitted shooter of Trayvon Martin walked out of a Seminole county jail around 3:00 am on Monday morning after his family posted the required $150,000 bond which amounted to $15,000 in cash for George Zimmerman to walk free at least for now pending the outcome of his second degree murder trial which some say will likely happen in a couple of years from now. Initially there were reports that the family of Zimmerman didn’t possess the necessary collateral needed to get the shooter of Trayvon Martin out of jail however all the conditions were met on Saturday night however Zimmerman had to be fitted with a GPS leg monitor and the monitoring company had to be approved by the jail officials. The neighborhood watch volunteer was wearing a brown jacket and blue jeans and carrying a paper bag. He walked out following another man and didn’t look over at photographers gathered outside. He then followed the man into a white BMW vehicle and drove away.

Prominent Atlanta Entertainment & Criminal Defense attorney Larry Ellerbe joins HHE’s editorial team to help put George Zimmerman’s case in a more legal perspective while helping our readers understand the mechanics of how the case is moving forward and the legal decisions that will come out of Florida vs. George Michael Zimmerman. 

What I would like to do in the coming weeks is to give you, the reader an objective approach to the case of State of Florida vs. Trayvon Martin.  The viewpoint will be given without passion or prejudice, but with objectivity that an impartial clear minded juror should take.  Let’s start by understanding the role of the defense attorney and prosecutor.  It is clear and obvious that the defendant’s attorney for Mr. George Zimmerman role is to zealously represent his client to his utmost ability.  But what is the “true” role of the prosecutor.  A prosecutor’s role is often confused and misunderstood.  A prosecutor often has duties the defense lawyer does not have.  A prosecutor’s role is not just to gain a conviction but its ultimate goal is to seek justice wherever it may be found.

Where a defense attorney allegiance is to their client a prosecutor’s allegiance is to the citizens of the state.  Therefore the obligation is not to win the case but to make sure justice is served.

I will be challenging you as the reader to come up with educated conclusions of your own my understanding the legal process.  The first question was the charge of Second Degree Murder an appropriate charge?  You will get a wide variety of opinions of this question.  But what you must ask yourself is this which is the core elements of Second Degree Murder.  (1) Is the Trayvon Martin dead?  (2) Was the death caused by the criminal act of the George Zimmerman?  (3) Was the unlawful killing of Trayvon Martin an act imminently dangerous to him and demonstrating a depraved mind with regard for human life?  The last element is the one you must pay close attention to.  It refers to an imminently dangerous act that shows a deprave mind.

So for this charge to stick the prosecutor must show (1) A person of ordinary judgment would know the act or series of acts is reasonably certain to kill or do serious bodily injury to another, (2) The act is done from ill will, hatred, spite or an evil intent and (3) The act is of such a nature that the act itself indicates an indifference to human life.

Although we know George Zimmerman has the presumption of innocence next time lets talk about what his attorney must show in an effort to prove his innocence.

WHAT IS YOUR VIEW ON GEORGE ZIMMERMAN RECEIVING A BOND?

So many people seem to be in shock to hear that George Zimmerman was granted a bond.  It should not be so surprising when you understand the criteria for bond.  In many jurisdictions that are four criteria that must be met before a bond will be granted.  The defense must show that (1) Zimmerman poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required (2) Zimmerman poses no significant threat or danger to any person, to the community, or to any property in the community (3) Zimmerman poses no significant risk of committing any felony pending trial and (4) Zimmerman poses no significant risk of intimidating witnesses or otherwise obstruct the administration of justice.

The defense seems to have satisfied the criteria set out above and thus convinced the judge that Zimmerman is not a flight risk nor a threat to the community.  Thus, a bond was granted because of his lack of a criminal record, his non-violent history, he voluntarily turned himself in to the authorities and the above criteria being met. 

Editor’s Note: Mr. Larry Ellerbe has been practicing criminal law in Georgia for over 28 years and is a graduate of the John Marshall School of law and has worked on several high profiterole cases as well as provided commentary for Hip Hop Enquirer in the past.

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Hip Hop Historian and accomplished photo journalist

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