Trayvon Martin case: use of Stand Your Ground law or pursuit of a black teen?

[Capetan Mihali]

I'm getting the sense from this story that in certain cases a grand jury indictment is optional.  Can someone confirm or deny that, and if true, what are the circumstances that allow a prosecutor to bypass the grand jury?

Proceeding by way of information rather than indictment.  The prosecutor just issues the information (charging someone with crimes), no Grand Jury approval needed.  I think it usually at the prosecutor's discretion in a number of states.  The defendant can then challenge the information at a preliminary/probable cause hearing.  And defendants often waive their right to have the case presented before a Grand Jury to speed things up.

The downside for the prosecutor, especially for more complex cases, is that he doesn't get to examine witnesses (who are under oath, unrepresented by counsel, and possessing limited self-incrimination protection) like he would before a Grand Jury.

At least this is my recollection/more or less how things worked in Tenn.

[Caliga]

I was surprised how long it took Big Al to get involved in this case.  I figured he would have all but teleported to Sanford as soon as he smelled blood.

[Razgovory]

This thing have NOTHING to do with Stand Your Ground.

Okay make your argument.

[Admiral Yi]

I'm sure Sharpton is readying the hoi polloi for their race riot.

I don't think that means what you think it means.

[Razgovory]

This kid that got killed is just like Obama. The only thing he have going for him is that he is black.
Had this happened to a white kid, we wouldn't be having this discussion.

The kid was going to graduate Magna Cum Laude at a Harvard Law school and then become a teacher at one of the top law schools in the country?  We lost a great deal more then I thought.

Now Siege, I know the boys in your unit have been a bad influence on you, making you more conservative and such, but don't start hating blacks as well.

[Kleves]

New info backing Zimmerman's story?

Thousands of people streamed through the streets of Sanford, Fla., on Monday to demand that authorities prosecute the man who shot and killed 17-year-old Trayvon Martin one month ago.

The protesters were on their way to a special meeting of the City Commission at the town's Civic Center that began at 5 p.m. ET, where members were to hold a hearing on the killing of Martin, who was unarmed, by George Zimmerman, 28, a neighborhood watch volunteer. (Among the marchers and the speakers was the Rev. Al Sharpton, host of MSNBC-TV's "PoliticNation.")

The shooting of Martin, who was black, by Zimmerman, who is Hispanic, has led to similar rallies across the country. Martin's family has made multiple media appearances pushing for Zimmerman's arrest.

Tracy Martin, the young man's father, addressed the hearing Monday, accusing police of trying to "sweep another dead black male under the rug."

To loud cheers and applause, Tracy Martin said Zimmerman "needs to be arrested. He needs to be put on trial. He needs to be given a sentence by a jury of his peers."

Tracy Martin said he was anguished at "the slander of my son," referring to leaked details of Zimmerman's account of the shooting to police, which suggested that Trayvon Martin intitiated the incident, and news reports revealing that the younger Martin had been suspended from his high school for possessing an empty marijuana bag.

"We consider ourselves strong black parents and we take pride in our kids," Tracy Martin said, pounding his fist in the air for emphasis. "We're not asking for an eye for an eye. We're asking for justice, justice, justice!"

Zimmerman's account emerged for the first time Monday in a report by The Orlando Sentinel. Quoting unidentified "law enforcement authorities," the Sentinel reported that Zimmerman told police that Trayvon Martin knocked him down with a single punch and slammed his head into the sidewalk several times before the shooting — an account that police said witnesses have corroborated.

Zimmerman said he was walking back to his SUV when Martin approached him from behind, according to the Sentinel's report, which Sanford police confirmed Monday afternoon.

The two exchanged words before Martin decked him with a punch to the nose and began beating him, Zimmerman told police. He said he then shot Martin in self-defense.

Witnesses said they heard someone cry out in distress, some of them telling NBC News and other news organizations that it was Martin. But police sources told the Sentinel their evidence indicated it was Zimmerman.

Dateline NBC interviews woman who saw aftermath

One witness told police he saw Martin pounding Zimmerman on the ground. This witness was certain it was Zimmerman who was crying for help, the Sentinel reported.

When police arrived less than two minutes later, Zimmerman was bleeding from the nose and had a swollen lip and bloody lacerations to the back of his head, the newspaper reported. Police said Zimmerman wasn't badly injured and didn't seek treatment until the next day.

ABC News reported separately that Zimmerman told police that Martin also tried to take his gun.

In a statement, Sanford police said the Sentinel's report was "consistent with the information provided to the State Attorney's office by the police department." It didn't address the ABC report.

Zimmerman's attorney, Craig Sonner, has said he could invoke Florida's "stand-your-ground" law, which provides significant leeway for people to use deadly force if they feel their lives are in danger.

Meanwhile, Angela Corey, the special prosecutor, told ABC News that means "the state must go forward and be able to prove its case beyond a reasonable doubt. ... So it makes the case in general more difficult than a normal criminal case."

Other new information that emerged Monday also appeared to complicate the case. Although toxicology tests on Martin's body were still pending, a spokesman for his family confirmed to NBC News that Martin was suspended for 10 days from Dr. Michael M. Krop Senior High School in Miami for possession of an empty marijuana baggie.

The disclosures added up an attempt to assassinate Martin's character, said Ben Crump, an attorney for Martin's family.

At a news conference, Crump alleged that police were "attempting to demonize and blame the victim by releasing bits and pieces of an ongoing investigation to build Zimmerman's claim up."

"Very clearly, whatever Trayvon Martin was suspended for had absolutely no bearing on what happened on the night of February 26," he said, adding that Martin "wasn't suspended for anything violent or criminal."

"If he and his friends experimented with marijuana, it's still completely irrelevant," Crump said.

As the City Commission hearing approached, there were these other developments:
•The Smoking Gun, a website that tracks criminal cases and document filings, reported Monday afternoon that Martin's mother, Sabrina Fulton, filed two applications last week for trademarks on her late son's name.

Fulton is seeking marks for the phrases "I Am Trayvon" and "Justice for Trayvon," according to filings with the U.S. Patent and Trademark Office. In both instances, Fulton is seeking the trademarks for use on "Digital materials," namely, CDs and DVDs featuring Trayvon Martin," and other products.

•Sanford City Manager Norton Bonaparte announced that Capt. Darren Scott would serve as interim police chief during the investigation, NBC station WESH of Orlando, Fla., reported. Police Chief Bill Lee stepped aside last week as criticism over the lack of an arrest mounted across the country.

Following is the full text of the statement Monday confirming The Orlando Sentinel's report by the Sanford, Fla., Police Department:

In response to the recent article in the Orlando Sentinel, the information was not provided to the media through an authorized source at the Sanford Police Department, but possibly by a leak from within the department. The information in the article is consistent with the information provided to the State Attorney's office by the police department.

"We do not condone these unauthorized leaks of information," said City Manager, Norton Bonaparte, Jr. "Acting Chief Scott will be doing an internal investigation within the Sanford Police Department as this type of action compromises the integrity of the law enforcement agency which has pledged to uphold the law".

Mr. Bonaparte stated that disciplinary action including possible termination will be taken against anyone found to have leaked the information.

[Phillip V]

When will the autopsy report be released?

[Caliga]

New info backing Zimmerman's story?

Too late... Al Sharpton's involved now, so it's RACISM whether you like it or not.


"I'M WATCHING YOU, WHITE PEOPLE."

[Razgovory]

The kid, had an empty bag at school that once had marijuana in it.  Clearly that means he attacked Zimmerman first.

[Admiral Yi]

Cal:

Duke Lacrosse showed Al's lvl 18 racism incantation is not invincible.

[Caliga]

The kid, had an empty bag at school that once had marijuana in it.  Clearly that means he attacked Zimmerman first.

Didn't you ever watch Reefer Madness?  Marijuana (which was named by MEXICANS!) makes you mad, bad, and dangerous to know!

[Admiral Yi]

Boy I bet jury selection will be a barrel of laughs.

[Razgovory]

Noticed a lot of conservatives bringing the Duke LaCrosse thing up.  Seeing the "Black agenda" thwarted must have been a day to remember amongst conservatives.

[11B4V]

The shooter wasnt white, though.

[Razgovory]

The shooter wasnt white, though.

Oh?