07-11-2013, 02:00 PM
(07-11-2013, 12:55 PM)Jimbone Wrote: The defense is likely already writing the appeal... allowing additional charges to be considered at the end of the trial is likely a violation of the defendants due process. The prosecution is not allowed to get so many bites at the apple.
ETA: I'm referring to the 3rd degree murder with child abuse charge, if allowed. Although I think allowing the manslaughter consideration is bogus as well - but that's how their law works.
Case law supports the consideration of lesser charges at this time. An appeal may be attempted; it will fail.
The judge ruled that evidence doesn't support the prosecution's request to have 3rd Degree Murder added to the jury instructions for consideration; the defense won that argument.
The jury will be considering only Murder 2, Manslaughter, and Not Guilty verdicts.
Closing arguments underway. Bernie de la Rionda is presenting for the state.
Live stream here:
http://www.wftv.com/s/zimmerman-livestream/