Friday, May 31, 2013
I hope to forever put to rest the following argument: Since the defendant had a right to get out of his vehicle and a right to follow Trayvon, those actions cannot be considered as evidence of guilt.
As I will soon show, that argument makes about as much sense as arguing that the purchase of a gun with intent to kill someone cannot be considered as evidence of premeditation because the person had a right to purchase the gun.
Both arguments fail because a lawful act can be committed to achieve an unlawful result. Yes, indeed. A would-be bank robber can purchase a clunker to use as a getaway vehicle after robbing a bank.
As any lawyer familiar with the law of conspiracy well knows, conspiracy indictments typically allege the commission of lawful acts by co-conspirators in furtherance of objectives of a conspiracy. Thus, simple events like using a cell phone to confirm a scheduled meeting with a co-conspirator are often charged as overt acts in furtherance of a conspiracy.
Therefore, the issue is not whether the act itself was lawful. The issue is what was the actor’s intent when he committed the act.
Nobody would seriously argue that the defendant could not get out of his vehicle and follow Trayvon Martin. He certainly could.
The relevant questions in this case are why did the defendant get out of his vehicle to follow Trayvon Martin and why did he lie about it afterward?
I do not believe the jury is going to have any difficulty figuring out the answers to those questions: The defendant intended to prevent this “asshole” from getting away and he shot him to death when Trayvon resisted. The defendant lied about it afterward because he did not want to go to prison.
Trayvon Martin is the only person who acted in self-defense.
That is basically all there is to this case.
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