Page 48 - Ill Will News Today

Thats not what was said, its not what was intended and thats an absurd suggestion that when he said i didnt do anything wrong, i wouldnt change anythingith what i did, that that suggests that he, like any one of us, wouldnt have decided not to wake up that day or get in the car that afternoon or go to target that night. that type of an absurdity suggestion by the state should not be considered as valid argument to you as to why this court should not grant the judgment of acquittal and you have s...

He didnt use it as a gun, but he used it as a hammer. as it hit him, it went off and killed him and again in that case, even though he decided to arm himself with a deadly weapon, decided to do it the way he did, since the intent was not there and there is no ill will and hatred, presumably it would have been found if he stood five feet away and shot him, they said that the action and the way it occurred suggests a lack of ill will, hatred sufficient for second degree murder. so its a complicate...

Hatred. theres no, in effect, transferred intent from when you act as outrageously negligent as you might act to steal a car and do 80, 90 miles an hour through a rounded area, running people out of the way and finally killing somebody, thats not ill will, spite or hatred. so i mention those for that purpose. another case, state versus ellison, 561, southern 2nd, 576 -- im sorry, thats one of the two i just mentioned. that was one of the cases where the high-speed case was not suggested to be il...

Would suggest second degree. i guess in this case, had trayvon martin pushed my client as happened in the light case when he actually hit him in the genitals, had trayvon martin pushed my client and my client just reeled back, took out his gun and shot him, under light im not certain that would have been ill will, malice and hatred. because the other overriding necessity in an ill will and spite and hatred case, i know the court is aware, is second-degree murder for ill will, spite and hatred no...

Coverage of the george zimmerman trial. we have mark omara arguing in favor of an acquittal of their client. >> not do i have to bend over backwards, do i have to ignore common sense to make this case go to the jury. if it was the standard as suggested by the state, there wasnt be an appellate case granting a j.o.a. ever because under their standard, im understanding some indication of some set of facts that can support a jury deciding guilt. no, not in a circumstantial evidence case and if this...

Their case, looking at all the evidence of how they get to ill will, spite and hatred. that he made up stories? well, you have an opportunity to review the evidence. you sat through here with all of it just like we did and see whether or not those stories were made up, whether or not as serino stated and singleton stated, they were insignificant changes. as a matter of fact, they were changing or developments, that they would expect the more time they question somebody. thats why john goods half...

To prove ill will, spite, hate, evil intent. >> belamy is another case, 977, southern 2nd, 682, 2nd dca case out of 2008. this was a fight that lasted a couple of minutes. basically a bar fight where they went back and forth and to the extent of the client, in that case belamys responsibility in that regard, even though there is no evidence that the victim of the final stabbing by mr. belamy wasnt even known to have caused his own death, so he was, in effect, was thought by the court to be an in...

Throughout history where the judge should use in his view -- should use as precedent to throw out the charges against george zimmerman. he said george zimmerman did not act with ill will, spite and hatred and those would be the requirements to convict him of second degree murder. >> almost impossible for that ill will and hatred to grow so quickly in the middle of a fray or fight or altercation, quite honestly such as we have here. wiley vs. state, 60 southern 3rd, 588. in that case, there was a...

Take us behind the scenes when youre the defense attorney and making this request, to have the case thrown out. what is mark omara trying to do and what does he only think will happen when he is done? >> i think we all expected that omara would bring this motion. i dont think the judge is going to grant it because the case has gotten to politicized. she is going to send it to the jury but he is making the arguments we as defense attorneys make. he is saying the state has utterly failed to prove ...

Reaction, seemingly feeling the pain to an extent. so, the jury has pretty much stayed true to what their duty is, as the citizen panel to determine the guilt or innocence of george zimmerman. the threshold is beyond a reasonable doubt and as mark omara right now compellingly arguing in court the state has failed to overcome that threshold of beyond a reasonable doubt, and moments ago mark omara told judge debra nelson, if with the way i lose this argument to you and youtive agree with me and we...