Others with far more legal experience than me have started to weigh in on the weaknesses in the State’s Affidavit of Probable Cause against George Zimmerman.
Alan Dershowitz, a Harvard University law professor, thinks the Affidavit is “irresponsible”. From the Mediaite article:
Dershowitz said that the elements that would constitute that crime are non-existent in the affidavit. “It’s not only thin, it’s irresponsible,” said Dershowitz.
Dershowitz went on to strongly criticize Corey’s decision to move forward with the case against Zimmerman. “I think what you have here is an elected public official who made a campaign speech last night for reelection when she gave her presentation and overcharged. This case will not – if the evidence is no stronger than what appears in the probable cause affidavit – this case will result in an acquittal.”
Andrew McCarthy, writing for The National Review, says:
I’m inclined, instead, to agree with commentators ranging from former Reagan Justice Department official Mark Levin to Harvard’s Alan Dershowitz that the affidavit is stunningly weak — “unethical,” as Prof. Dershowitz puts it. In fact, I go further (which, after nearly 20 years of writing and supervising the writing of complaint affidavits, I think I’m qualified to do). This affidavit is not law, it is agitprop:…
Florida trial lawyer Richard Hornsby who has won 15 “stand your ground” cases talked to CBS news about the case:
Hornsby told CBS News he thinks Corey’s affidavit is more significant for what it leaves out than for what it includes.
“The moment George Zimmerman fired that shot is the key question in this entire case,” Hornsby said. “Did he reasonably believe he had to fire that shot to defend himself? And the fact (Corey) completely left that out, begs the question, does she not have any evidence to refute his version of the events?”
Hornsby also has a post on his blog that does a good job of breaking down Florida’s justifiable use of force statute and how it would apply to Zimmerman’s case. He is also quoted in an article in the Orlando Sentinel as saying that, ” the charge looks like an attempt to ‘appease the public’.”
I’ll post additional links as I find them.