As the race-baiters howl at the injustice of Saturday’s verdict in Florida, it is worth noting that George Zimmerman is a free man for the wrong reason. Not that the Jury made a mistake, or that the Sanford neighborhood watchman had, in fact, committed second-degree murder. The fact is that the trail of George Zimmerman should never had taken place at all.
A mistrial is defined in slightly different words, depending on the source. Every definition, however, makes one thing very clear: A mistrial can be declared if there has been some error in the judicial proceedings that irreparably prejudices the trial against the defendant.
The document that led to charges being filed against Zimmerman was the Affidavit of Probable Cause, drawn up by the politically ambitious and opportunistic State Attorney Angela B. Corey. This affidavit was based upon little more than pure speculation, presented no evidence to suggest probable cause and contained points – presented as statements of fact – that were completely untrue; based upon clear evidence that had already been released. When one presents something as fact, knowing that it is not true or that it cannot be proven to be fact, then one is lying. When an affidavit of probable cause contains lies, it should immediately be considered an error too prejudicial to the defendant for the trial to proceed. Zimmerman, although acquitted, is a free man for the wrong reason; he should be a free man because he should never have been charged with a crime.
The first lie in Corey’s affidavit was the following statement: Martin…was on his way back to the townhouse where he was living when he was profiled by George Zimmerman. (The fact that the affidavit is littered with childish grammatical constructions and punctuation errors should have been reason enough for this waste of paper not to be taken seriously). The fact is that Corey had not one shred of evidence – or even reasonable cause to suspect – that George Zimmerman had profiled Trayvon Martin.
The second falsehood: When the police dispatcher realized Zimmerman was pursuing Martin, he instructed Zimmerman not to do that. Zimmerman disregarded the police dispatcher and continued to follow Martin… This was a deliberately false statement – otherwise known as a lie: The audio recording of Zimmerman’s call to the police, referred to in this statement, indicates – beyond any doubt – that Zimmerman did not disregard the dispatcher’s instruction not to follow Martin. As previously reported in the Las Vegas Guardian Express, the transcript of the recording could not be any more clear, on this point:
911 dispatcher: Are you following him?
911 dispatcher: OK. We don’t need you to do that.
911 dispatcher: Alright, sir, what is your name?
Zimmerman: George. He ran.
Following this exchange, Zimmerman continues his discussion with the dispatcher, in which he provide his personal information and makes arrangements to rendezvous with police officers who were on the way. It is perfectly evident, from this part of the recording, that Zimmerman was not still pursuing Martin.
The next paragraph of the affidavit begins with yet another lie: Zimmerman confronted Martin and a struggle ensued. There was absolutely no evidence, whatsoever, that Zimmerman ‘confronted’ Martin.
The last paragraph of the affidavit reads: The facts mentioned in this affidavit are not a complete recitation of all the pertinent facts and evidence in this case… Here, Corey – a disgrace to the legal profession – unequivocally states that the aforementioned points are facts. By definition, facts are beyond doubt; therefore, these were not facts.
The only fact, in this case, then, is that Angela Corey presented an affidavit that was littered with lies.
In all fairness – and in the interests of legal accuracy – It could be argued that a mistrial does not necessarily preclude the possibility of the trial going ahead at a later date. This is unlikely, however; Angela Corey had put all her cards on the table and, had this affidavit been deemed insufficient to bring charges, there would have been no chance of anyone coming forward with anything more compelling. It can also be argued that a mistrial is declared when the procedural error is so prejudicial that even instructions to the jury cannot overcome it. In this case, however, the lies contained in the affidavit were indeed sufficiently prejudicial. Only in hindsight can one argue that they were not, since Zimmerman was acquitted.
Zimmerman is, today, a free man; but for the wrong reason. Angela Corey should be removed from office. She caused a murder charge to be brought against an innocent man, based on a string of lies. Hopefully, Zimmerman’s attorney is already laying the groundwork for a great number of lawsuits. Corey will, hopefully, be the target of one of them.
An editorial by Graham J Noble