#34 Posted: 4/20/2012 12:45:01 AM A Florida judge will decide on Friday whether to release George Zimmerman on bail before his trial for second-degree murder ...
The hearing would include testimony from Zimmerman's family, after the defense filed an unopposed motion to allow them to speak on his behalf by phone.[Trayvon Martin’s parents said they would also attend Friday’s bond hearing]
George Zimmerman even requested a meeting with Trayvon's parents, but their lawyer said that would not happen.
Jeff Weiner, a former president of the National Association of Criminal Defense Lawyers who practices in Miami, said the charge of second-degree murder meant that Zimmerman was not necessarily entitled to be released on bail.
But if Angela Corey, the special prosecutor assigned to the case, wants to oppose his release on bond she will have to preview at least some of the evidence the state has against Zimmerman in proceedings known in Florida as an Arthur hearing, Weiner said
"The state has the burden of proof to go forward and convince the judge that proof of guilt is evident and that the presumption of guilt is great ... That's what this hearing is about," Weiner said.
To accomplish that, he added, Corey will have to lay out the state's case far more vigorously than she did in a probable cause affidavit made public when Zimmerman made his first appearance in court on April 12.
To avoid tipping her hand in the case, Corey may simply decide not to oppose Zimmerman's release on bond. That would be highly unusual, however.
"There's no indication Mr. Zimmerman's a flight risk. Arguably, he's not the type of person you need to hold over in a non-bondable fashion," Charles Rose, a professor at Florida's Stetson University College of Law
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If they grant bail and put Zimmerman out on bond it might cause unrest again in the skittles community or physical action against him,, if his location becomes known................ |