The Trayvon Martin Case, Update 37.2: Perjury and Malicious ProsecutionThe perjury prosecution of Shellie Zimmerman is a mirror image of the prosecution of George Zimmerman. In both cases, there was insufficient evidence to bring a charge, to say nothing of sustaining it. In both cases arrogant and overzealous prosecutors filed affidavits that failed to address the essential elements of the charges, and that failed to provide any evidence even approaching the establishment of probable cause. And in both cases, the prosecutors appeared to care nothing for the actual language of the statutes under which they brought charges; they seem to believe that whatever they think the statutes ought to say is what matters rather than what the legislature wrote. In the George Zimmerman prosecution, they were proved wrong. If justice holds in Florida, they’ll be proved wrong in the Shellie Zimmerman prosecution as well.
--Shellie Zimmerman
MOTIVE: Consider that the special prosecutors did not have to file this charge. The local prosecutor–Norm Wolfinger–could have done it, and this would have made far more sense. The executive order from Governor Scott establishing their authority to prosecute George Zimmerman noted that they have authority to deal with all matters relating to the Trayvon Martin case, and on February 19, 2013, Kelly Sims, Shellie’s attorney, argued that the special prosecutors [url]
lacked jurisdiction to prosecute Shellie[/url]. Judge Marlene Alva disagreed and ruled that they did, refusing to dismiss the perjury charge.
Why then did the special prosecutors, who had more than enough on their plate with the prosecution of George, decide to pursue Shellie? Since they don’t live or work in Sanford, their participation, rather than that of the local prosecutor, will be unnecessarily costly for Florida taxpayers, and has the direct effect of keeping the racially divisive prosecution and subsequent acquittal of George before the public.
Their primary motive is certainly the likelihood that the local prosecutor would not have filed any charge against Shellie, for the same reason he declined to file any charge against George: no evidence of a crime. This is particularly true for perjury, which is a difficult charge to prove, and accordingly is an offense rarely charged. In addition, they likely wanted a prosecution of Shellie not only as a means of harassing George, but to hold over his head, perhaps in the hope of obtaining a plea bargain or even a guilty plea. I’m not aware of any overt attempt by the prosecution to obtain either, but they need not say a word. The mere arrest of Shellie speaks volumes.
Unfortunately, this particular group of ethically bereft prosecutors will be very likely to try to convict Shellie at all costs to in some small way try to justify their failed persecution of George. Angela Corey’s
reputation for vindictiveness is the stuff of Florida legend.
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