Angela Corey, the crone-like special prosecutor, announced yesterday that she would not take the case to the grand jury, that she would make the decision to prosecute by herself.
As you ought to know, but perhaps don’t, the right to grand jury indictment is the only constitutional right of the criminally accused that has not been incorporated to the states. Apparently, Florida only requires indictment by grand jury if the defendant is to be charged with a crime punishable by death. Probably, Zimmerman is going to be charged with a lesser type of murder, such as “manslaughter,” that’s not subject to the death penalty.
Most states, like Florida, have done away with the requirement of a grand jury. New York State still requires a grand jury. Tom Wolfe famously had a character in his novel Bonfire of the Vanities say that a grand jury would indict a ham sandwich. Well Corey isn’t taking any chances with that.
Is Zimmerman in custody? He needs to ditch the United States pronto. Maybe not even, since Hispanics are allowed by our Government to use fake/stolen SSNs all he has to do is leave the state and reinvent himself as Ernest/Albert/Angel Gonzalez.
[HS: I would bet that there's a permanent police presence in front of his house, both to protect him (and he legitimately needs the protection) and to make sure he doesn't take your advice.]
Posted by: NeoBasher | March 28, 2012 at 05:15 PM
George Zimmerman :: The New White
http://mybrotherman.wordpress.com/2012/03/23/george-zimmerman-the-new-white/
Posted by: Tone Are | March 28, 2012 at 05:30 PM
I googled Angela Corey and she's revolting to look at. There is one picture where she is decent but that looks heavily polished and taken sometime ago. Anyhow I was under the impression prosecutors only want cases where they can win easily otherwise it looks bad on their record? Appeasing the black mob isn't worth derailing one's career. She might think she could get a plea deal but as more comes to light I doubt even that. It'll all die down.
Posted by: Conquistador | March 28, 2012 at 05:33 PM
Wolfe didn't make that phrase up. Judge Wachtler did. http://www.barrypopik.com/index.php/new_york_city/entry/indict_a_ham_sandwich/
Grand Jury isn't the only right. The other is a unanimous jury. Oregon still allows 10-2 decisions.
Do you actually do any criminal law work? Do you actually read any criminal defense blogs? I don't think you have a full handle on what is likely to happen to Zimmerman.
Unlike what you said in your last post, no, Zimmerman is not going to spend his time in jail before trial. He will bond out, I am certain. Family, friends, or public contributions will handle that. And he'll get great counsel from someone that will take this case pro bono or cheaply. That how defense bars work.
[HS: That's a genuinely interesting link. Until I read that, I thought the original source for the alleged quote came from Tom Wolfe's novel. Whenever it was cited in actual legal sources, it always led back to Tom Wolfe.]
Posted by: Josh | March 28, 2012 at 05:47 PM
The grand jury is one of the most basic foundations of Anglo-Saxon justice. An assembly of respected citizens investigates and calls to account malefactors. Liberals hate it because it's mostly composed of old, traditional, conservative white people who want to punish criminals but also investigate and stop government corruption. The grand jury is a liberal's worst nightmare.
Posted by: Thrasymachus | March 28, 2012 at 05:49 PM
So a grand jury is mean to protect defendants from the financial and emotional expenses of an unnecessary trial that has a small chance of resulting in conviction. In most cases a prosecutor not wanting to waste money or look bad serves the same basic function even if the defendant's rights are never really considered. But in this situation there is political pressure and the prosecutor would look bad by not having a trial even if there isnt a reasonable chance of conviction. Right?
[HS: The grand jury is supposed to protect people from prosecution without probable cause. However, it's extremely rare for a grand jury to not indict. Remember that the defendant has no right to present his case to the grand jury, only the prosecutor presents a case, and indictment only requires a majority of the grand jury members.]
Posted by: Anon E. Mouse | March 28, 2012 at 05:51 PM
Free Hammy 2013
Posted by: Ken S | March 28, 2012 at 05:57 PM
Reading the article, it doesnt say she will necessarily skip the grand jury, and doesnt say she is close to deciding to prosecute.
One of the ironies of this whole situation that is reflected in the article is that people who usually claim a dispassionate concern about the rights of the accused are now all of a sudden on the side of victim's rights. This Corey woman was despised by all these NAACP figures when she was putting black people in jail, but now all of a sudden victim's rights aren't a concern and they want as aggressive a prosecutor as possible.
This all supports my theory that all politics is really just identity politics and that everything else is just a high minded rhetoric to justify our identity rooted instincts.
Posted by: Anon E. Mouse | March 28, 2012 at 06:09 PM
I don't think she looks hideous. She looks a typical Jersey Italian girl who's put on weight but who most guys would have banged when she was 22. But she's already shown herself to be unjudicial, going on a radio program to answer questions about the Martin case. What quality prosecutor would do that?
Posted by: smead jolley | March 28, 2012 at 07:07 PM
I commented on an earlier post that Corey was hated by the blacks and I feel stupid now for not realizing the real implications of that: she is going to go all out to try and win them back over.
Posted by: Anonymous | March 28, 2012 at 07:38 PM
So you're gonna have to help me here because I know diddly squat about law. Is this good or bad that this won't be headed to a grand jury? I'm talking for either side here.
Posted by: Mallery | March 28, 2012 at 07:51 PM
"But she's already shown herself to be unjudicial, going on a radio program to answer questions about the Martin case. What quality prosecutor would do that?" - smead jolley
Someone with political aspirations.
Posted by: destructure | March 28, 2012 at 08:24 PM
Good lord! I just saw a picture of her. It's hard to believe she got that ugly in only 57 years. We've got an expression down here that goes, "I wouldn't even f* her with your d*."
Posted by: destructure | March 28, 2012 at 08:29 PM
Even thought there is no grand jury, he will still get to fight the charges at a preliminary hearing. In most cases, the judge is more likely to cut you loose at a PH than a grand jury would, but this case is probably different. A judge will be more likely to hold Zimmerman over than would a citizen grand jury.
Posted by: MC | March 28, 2012 at 09:11 PM
Tom Wolfe applies to this case much more than the ham sandwich quote. This whole Zimmerman issue is right out of Bonfire of the Vanities. I expect this case to play our similarly, although instead of becoming a "permanent defendant" like in Wolfe's book, Zimmerman will be indicted, tried, and convicted of something... anything.
And not necessarily in that order.
Posted by: lil mike | March 28, 2012 at 10:13 PM
Now that powerful political forces, including the president, have inflamed passions about this case, I don't understand how this man can hope for a fair trial in the U.S. Perhaps he can be tried in Switzerland. In any case, any blacks on the jury would automatically mean that the jury is biased against him from the start.
Posted by: jewamongyou | March 28, 2012 at 10:30 PM
“I foresee us being able to make a decision, and move on it on our own.”
Do all American VIPs use the royal we nowadays?
Posted by: dearieme | March 28, 2012 at 11:05 PM
Whatever happens, they are not going to let Zimmerman get away without doing at least a few years in prison. While he's there, very bad things will happen to him, and the rest of us will learn a valuable lesson.
Posted by: Lawful Neutral | March 29, 2012 at 05:22 AM
There's a pic circulating the 'net now that has a black inmate holding a sign that says "reserved for George Zimmerman" inside his jail cell. If I can find the link for this pic, I'll post it in here.
Posted by: MysteriousOne | March 29, 2012 at 09:25 AM
Posted by: Lawful Neutral | March 29, 2012 at 05:22 AM
He won't be protected by the Mexicans in prison?
Posted by: Columnist | March 29, 2012 at 03:42 PM
Posted by: Columnist | March 29, 2012 at 03:42 PM
That's a good point. You might be right, but I still think the system will find a way to put him in the wrong place at the wrong time so he can be beaten, raped, or murdered by other inmates.
Posted by: Lawful Neutral | March 30, 2012 at 12:19 AM
I don't think a jury would be fair for Zimmerman today.
Posted by: Regal | April 02, 2012 at 04:09 AM
Being fair to George Zimmerman. Now that's a funny.
Posted by: James Johnson | April 05, 2012 at 08:35 PM