Monthly Archives: April 2012 - Page 2

LIONEL PODCAST: Ange’s Ready for Her Close Up, Mr. DeMille.

I love the nightlife, I got to boogie. Ol’ Ange has her work cut out for her here. And the first thing she’d better learn is that she’s a long way from Duval County. This ain’t Jacksonville, Ange. Trust me. Welcome to a hyper-scrutiny you’ve never seen before. A world of memes and themes and perceptions that I can tell you’ve not come to realize. I hope you’re ready for the hate and the jokes and the scrutiny and the mean-spirited viciousness that come with the territory. Keep in mind as well that the public has the attention span of a gnat. It shifts attention instantaneously. On a dime. While Zimmerman’s initial “obvious” criminal exposure and culpability was the talk of the virtual town, that may not be the case now.

Fame. I want to live forever. In her pathetic introduction to the world, Corey introduced herself to the point of exhaustion. Even Jon Stewart’s 600 writers picked up on it. It was “Look at me, world. Ange has got the floor and is ready for her closeup, Mr. DeMille.” She hit Zimm with second degree murder. Wow. Are you sure about that, Ange? Second degree murder?! Even Trayvon’s mother called it accident, though that was immediately corrected via Twitter as a “mischaracterization” of the events by her legal eagle, the equally clueless Ben Crump, who sure as hell is no Ben Matlock. (I know, the latter’s not real. Check.)

Look at me, I’m in tatters. And in the mean time, our country along with the childlike imps that inhabit the TV world will continue to reduce this case to race. Anything but its juridical truth.

LIONEL PODCAST: Stand Your Ground Immunity. Wait, Immunity?!

Here we are and here we go. A veritable video cavalcade plus a podcast all for you and at a de minimis cost.

I defy you to find this anywhere. Except here.

LIONEL PODCAST: Zimmerman’s Charged. A Fool for a Client, Idiots for Lawyers!

In the annals of lousy lawyers, in the pantheon of pathetic, ladies and gentlemen, I give you Zeus. These clowns have got to be the most insane clown posse since . . . well, you get the picture. It’s hard to find a starting point as to where the awfulness begins and has begun.

This just in. George Zimmerman’s charged with second degree murder. This’ll be tough, kids. Manslaughter’s tough enough, but second?! Can you say plea bargain?

How Does Florida’s Stand Your Ground Law Works. The following is a great piece on the subject of the most unique pretrial immunity hearing that commences the Stand Your Ground “two step.”

Florida’s Stand Your Ground law provides potential immunity from prosecution for an accused who can establish (by appropriate legal procedures) that his or her actions fell within the purview of the statute. To understand how “Stand Your Ground” immunity works, one has to understand the nature of a self-defense claim and how a such a claim is typically raised in a criminal proceeding.

Self-defense is a type of affirmative defense that operates to avoid (or cancel) the legal effect of a violent act (such as a homicide), which would ordinarily subject the accused to criminal liability. In a self-defense claim, the defendant admits the truth of the essential act (i.e. that he or she committed a homicide or other violence against a person), but justifies the act by claiming that it was necessary to save him- or herself from death or great bodily harm.  In effect, the defendant says: “Yes, I killed.  But I did not murder (commit an unlawful killing) because, under the facts and circumstances, my acts were justifiable.” Under common law and in most criminal cases today, the question of justifiable self-defense is a factual question for the jury to resolve at trial.  The jury is the “fact-finder.” They decide whether the act was sufficiently justified so as to insulate the accused from criminal liability and punishment.

Here again, Florida’s Stand Your Ground Law makes another significant change from the common law. Under Section 776.032, Florida Statutes, a person who uses force as permitted in Section 776.012 or Section 776.013 “is immune from criminal prosecution and civil action” for the use of such force (with certain limited exceptions pertaining to law enforcement officers).  Note the word “immune.” This means that, if the accused can factually establish pre-trial that his or her use of deadly force occurred under the circumstances in Section 776.012 or Section 776.013, the State of Florida is legally and procedurally barred from further prosecution in the matter.  In the event that a civil action is brought against the person who used qualifying deadly force, a court must award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred in the defense of the case.

The procedures for asserting prosecutorial immunity under the Stand Your Ground Law are outlined in Peterson v. State, 983 So. 2d 27, 29 (Fla. 1st DCA 2008), a Florida First District Court of Appeal decision.  The Petersen decision definitively established that Section 776.032 was created by the Florida Legislature to establish a true immunity and not merely an affirmative defense.  The Court stated that, when immunity under the law is properly raised by a defendant, the trial court (at a hearing) must decide the matter by confronting and weighing only factual disputes.  Petersen held that a defendant may raise the question of statutory immunity pre-trial and, when such claim is raised, the trial court must determine whether the defendant has shown by a preponderance of the evidence that immunity attaches.  The trial court may not deny a motion for immunity simply because factual disputes exist.

With regard to the Trayvon Martin case, the notion that Florida’s Stand Your Ground law prohibits the prosecution of George Zimmerman is fundamentally false.  Although, if prosecuted, George Zimmerman may attempt to later assert immunity, this does not prevent a prosecution from being initiated.

NOTE: In Gray v. State, 13 So. 2d 114 (Fla. 5th DCA 2009), the Fifth District Court of Appeal of Florida (governing Sanford, Florida, the site of the Trayvon Martin shooting) adopted the procedures outlined above in Petersen, holding that the right to immunity from criminal prosecution afforded by Section 776.032 is to be determined by the trial court after an evidentiary proceeding in which the criminal defendant has the burden of proof by a preponderance of the evidence.  Id. at 114.

Thus, under the procedures outlined in Petersen, prosecutorial immunity does not attach under the Florida’s Stand Your Ground law by way of mere factual assertion.  The issue is raised pre-trial through the filing of a Motion for Declaration of Immunity.  To obtain such a declaration by the trial court, a hearing is held where the defendant must demonstrate by a preponderance of the evidence his or her qualifications for immunity. This essentially reverses the burden of proof traditionally at play in a criminal case.  The defense presents the evidence, shows that he or she meets the statutory prerequisites, and requests that the court grant the motion and appropriate relief.  If the Motion is granted, the defense then files a Motion to Dismiss the case, as there are no longer any justiciable issues for a jury to resolve.

LIONEL PODCAST: A Eulogium for Mr. Wallace

TECHNICAL NOTE: Monday’s podcast was snafu’d from the get-go. Enormous and Brobdingnagian in the depth of error. So, accept this apologia for the delay in presentation.

Say goodnight, Gracie. It’s over. Journalism as we know it. Not this pretty boy, Botoxed, Barbie boob job, airhead nonsense. Not 24/7 coverage of the Kardashians. No, I mean real, honest to Zeus journalism. Whenever Señor Myron appeared on the tube (I admit, I’m dated), you knew something good was about to happen. Something memorable, noteworthy. Of import. And you could tell it was important by virtue of how he spoke of its seriousness, it’s impact. He was synonymous with hard-hitting and dogged reportage.

Patchwork piebald pastiche. Listen to the sermon, the disquisition, the rave. The subjects transition, the times are tacked, taped and it is indeed the new delivery system. It’s to broadcast what Pollock was to portraiture.

A now, a video eulogium-encomium to the Master. Respectfully submitted.

LIONEL PODCAST: The Best Damn SCOTUS Primer You’ll Ever Hear. Period.

Nino. SCOTUS. The Supremes. Their history is rich. Replete with fabulous examples of mind-boggling inconsistencies, incongruous rulings and unfathomable precedents. Stare decisis be damned! And this dude. Nino. The singular member. The lighting rod. Nino. Curt, nasty and the conservative darling. Opus Dei. Serious Catholic. Something like 37 kids. Nino. Brought up the broccoli reference and even pronounced it in the Italian “broccoli” style. You’ve gotta love Nino. Seriously. To begin with, he’s perhaps one of the greatest actors. Why? Because he’s imparted on the world the idea that he’s unbelievably brilliant. Without peer and that he’s a phenomenal jurist and juridical powerhouse. On the contrary. He’s a bully, a poseur and a second rate conservative hack and primetime schmaltz titan. And I love him. He’s no Holmes. John Holmes, maybe. But I digress.

They can do anything they want. And do. Great WTF moments in SCOTUS history? Look no further than Schmerber. Newdow. Go ahead. They’re real beauts when it comes to illogical incongruities. Believe me. And what’s so funny is how they’re just accepted. Without question. But when looked at closely they’re beyond laughable. G’head, knock yourself out.

Look at me, Narcissus. Look, it comes down to this. If you like a judicial decision, you’ll retool your review depending on who mirrors your worldview. That simple.

The poetic pounce. This simply amuses me.

Divide and conquer. My estimable colleague, Jodi Applegate, and I address what truly is a fascinating subject, but you’d never know it to listen to folks.

Build a better mousetrap. I have no idea what that meant. It just sounded good. To me.

LIONEL PODCAST: Worship Before the Altar of Sapience. Or Something.

He was our patron saint. I forgot who important he was. He was a philosopher. A sage. He was confused with a comedian. Only a comedian. There’s been no one since him as to relevance and criticality.

Beneath contempt. Below please find my latest example of disgust over NBC and MSDNC for editing the Zimmerman 911 tape.

LIONEL PODCAST: Wading Through Even More Insanity of the Trayvon Martin Case

The tale of the tape. First, be honest. Did you know Trayvon was this big and tall? How could you when you were shown baby pictures? Then again, anti-Trayvon contingents insisted upon showing Trayvon cum gold teeth. Translation: thug, I guess. But their defense (well taken, I’ll admit) is that that was in fact the picture he posted on Facebook ad Twitter. It’s a battle for image and memes. As if I had to tell you. And in no wise am I suggesting anything save the fact that when competing claims and defenses are weighed and evaluated, in the area of self-defense relative size and stature are apposite and critical to get the whole picture.

Let’s go to the videotape. Wait, are those gash marks on Zimm’s noggin? If they are, that lends cretins credence to the argument that he was the victim of physical abuse which lends further credence to the idea of his establishing self-defense. But remember there are no witnesses here. Save Señor Zimmerman.

Reality, anyone? Now let’s return back to the Mother Ship, shall we? Let me give a demotic review of the case heretofore. It’s what I do best. Next to small engine repair.

LIONEL PODCAST: Your Kid’s Fidgety? Dope Him Up! Problem Solved.

Shoot your kids up. Vaccines. Ritalin. SSRIs. ADD. ADDHD. ADD/ADDHD. M.O.U.S.E. Drug ’em up, slow ’em down. Rawhide! We can dose your kid and tame him. Think of it as a behavioral lasso. Corralling that overactive kid. Extinguishing behavior, no problem. Even though it might just be a part of being a kid. That might have been OK in the days of Wally and the Beave but not now. Kids are slapped with a behavioral yoke. Why? Why not. Reality’s no match for chemistry.

‘Tis all around us. This massive effort to narcotize and tranquilize everybody for everything. Including our kids. And let’s not leave out vaccines. The rates of autism are through the roof. And that’s putting it mildly. It’s a pandemic. And anyone with a pulse is pointing towards vaccines as the culprit. Today’s vaccines, that is. Along with their incomprehensible frequency.

The truth vaccine. And from October 29, 2011 this gem. I try to gently lead the viewer into a world they’ve never questioned. I mean, questioning the medical profession?! Are you kidding? That’s what they says about thalidomide and DES. Remember?