First Degree Self Defense

Posted on April 20, 2012

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I apologize for the above photo – but in a sense, I don’t choose the pictures – they choose me.   I realize there is an expression that applies to this – “do it first and ask permission later”.

In any event not only did George Zimmerman take a nasty hit on the head in his fatal confrontation with Trayvon Martin, that nice little harmless boy with the Iced Tea in one hand and a bag of Skittles in the other, but so we’re learning, did Lady Justice.

Folks, Alan Dershowitz and I don’t always see eye to eye and that’s more than a mild understatement.  Mr. Dershowitz, if you’re not familiar with him, is a distinguished Harvard Law Professor whose opinions frequently hit the radar screen of the Political Media and elsewhere.  Although Professor Dershowitz is politically Center / Left by persuasion, he often bucks the typical trends and calls it as he sees it.

My respect for him has been on the uptick as of late as he has taken on the Democrats,  Obama and Media Matters (which as you know is a mouthpiece for Obama’s political interests).  Recently he took Media Matters to task about a top official in that organization, M.J. Rosenberg.

Dershowitz asserted that Media Matters has “crossed the line into anti-Semitism” by tolerating an employee – M.J. Rosenberg — who consistently downplays the Iranian nuclear threat and repeatedly engages the term “Israel firster” — an epithet that implies a person’s loyalties are to Israel, rather than America first.

He goes on to say,  “When you accuse Jews of dual loyalty, you invoke a canard that goes back hundreds of years and falls into the category of anti-Semitism,” Dershowitz said in an interview on Fox News. “To the extent that Media Matters hired him to do that and is tolerating him, they have crossed the line into anti-Semitism.   The president should do to Media Matters what he did to Jeremiah Wright – totally disassociate, rebuke and say ‘I stand with Israel'”.

Obama is leaving a bad taste in the mouths of Democrat Jews and if he persists, this will be another factor in the implosion of his base come this November.  If this doesn’t seem convincing, just ask David Weprin, Democratic State Assemblyman who lost Anthony Weiner’s Congressional seat to a Conservative Republican, Jim Tucker – because Obama’s posture towards Israel pissed off the Jews in that district.  He’ll tell you that dissing Israel in New York is a third rail – “you touch it, you die”.

The latest arc of high voltage electricity  that is going to send short circuit shock waves in several directions including Washington D.C. is Dershowitz’ comments on the latest piece of information that has surfaced on the Trayvon Martin murder indictment.   Here are his comments as reported by the Breitbart site, ‘Big Government‘:

Of the arrest affidavit, he alleges that it was “so thin that it won’t make it past a judge on a second degree murder charge … everything in the affidavit is completely consistent with a defense of self-defense.”    

After the release of the photo, however, Dershowitz went much further, telling Breitbart News that if the prosecutors did have the photo and didn’t mention it in the affidavit, that would constitute a “grave ethical violation,” since affidavits are supposed to contain “all relevant information.”     Dershowitz continued, “An affidavit that willfully misstates undisputed evidence known to the prosecution is not only unethical but borders on perjury because an affiant swears to tell not only the truth, but the whole truth, and suppressing an important part of the whole truth is a lie.”   

When asked if it made a difference whether the prosecution had the bloody photograph at the time they charged Zimmerman, Dershowitz responded, “We do know that there were earlier photographs before the affidavit was done that strongly suggested blood on the back of the head, and we know the police had first access to him, so if there was blood they [the prosecution] would know about it …

“I’ve had cases in Florida against prosecutors,” Dershowitz said, “and this is not the first time they have willfully omitted exculpatory evidence. It’s a continuing problem. Here, it’s not only immoral, but stupid. The whole country is watching. What do they benefit from having half-truths in an affidavit?”    Dershowitz added, “I’m not taking sides, but I’m insisting that both sides play by the rules, and so far the prosecution is not playing by the rules.”

In discussions I’ve had with others on the subject of the arrest and indictment of Zimmerman on First Degree murder charges, I’ve observed that it looks like the severity of the charge is a deliberate positioning of County Prosecutor, Angela Corey to effect a sort of a ‘two-fer’.  By that I mean, on the one hand, she relinquishes to the pressure of the loud minority voice (amplified by the media) that demands prosecution, while choosing a charge that is almost certain to fail to garner a conviction.  That is unless, as my wife commented, they get an all Black jury.  I told her that such an outcome was not terribly likely.

What is possible, if not entirely probable at this point is a motion by the defense to the court to dismiss the charges altogether.  Stand by folks, this is going to be a ‘White Knuckler Ride’.

Oh, that was an unfortunate choice of words.

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