UNFILED CHARGES &ZIMMERMAN AINT NO SAINT EITHER

Sanford cops wanted to charge Zimmerman in Trayvon Martin case

Sanford cops asked prosecutors to file charges in the Trayvon Martin case, but the Seminole County State Attorney’s office held off.

State Attorney Norman R. Wolfinger Seminole County State Attorney’s Office

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Sanford rally for Trayvon Martin Monday, March 27

BY FRANCES ROBLES
[email protected]
SANFORD — Despite public claims that there wasn’t enough probable cause to make a criminal case in the Trayvon Martin killing, early in the investigation the Sanford Police Department requested an arrest warrant from the Seminole County State Attorney’s office, the special prosecutor in the case told The Miami Herald on Tuesday.

A Sanford Police incident report shows the case was categorized as “homicide/negligent manslaughter.”

The state attorney’s office held off pending further review, The Miami Herald has learned.

The Miami Gardens high school junior was killed Feb. 26 by George Zimmerman, a neighborhood watch volunteer. The 28-year-old insurance underwriter and college student was never charged, triggering a nationwide crusade on the dead teen’s behalf.

Asked to confirm that the police recommended a manslaughter charge, special prosecutor Angela Corey said: “I don’t know about that, but as far as the process I can tell you that the police went to the state attorney with a capias request, meaning: ‘We’re through with our investigation and here it is for you.’ The state attorney impaneled a grand jury, but before anything else could be done, the governor stepped in and asked us to pick it up in mid-stream.”

A capias is a request for charges to be filed.

The Seminole County State Attorney’s Office declined to comment on whether its prosecutors ever recommended against filing charges.

“If you go with what was reported in the press the first night, there would have been an arrest right away, but obviously something gave investigators pause,” said a source in the Seminole State Attorney’s office who did not want to speak publicly, because the case is now assigned to a different prosecutor. “We get capias warrants all the time. That doesn’t mean we file charges right away. We investigate to see if it’s appropriate. That’s the responsible thing to do.’’

The Seminole County State Attorney’s Office was consulted the night of Trayvon’s killing, but no prosecutor ever visited the scene. As the controversy intensified, Gov. Rick Scott replaced Seminole State Attorney Norm Wolfinger with Corey, the state attorney for Duval, Nassau and Clay counties, based in Jacksonville.

“The case now has a new state attorney, and they didn’t file charges the first day they got it, either,” the Seminole prosecutor who asked to remain anonymous said.

The development is in stark contrast to the statements repeatedly made by Bill Lee, the Sanford police chief who has since stepped aside and was lambasted for his handling of the case. Lee publicly insisted that there was no probable cause to arrest Zimmerman, leading many critics to say he came across more like a defense attorney for the security buff.

“Zimmerman provided a statement claiming he acted in self defense which at the time was supported by physical evidence and testimony,” Lee wrote in a memo posted on the city’s website. “By Florida Statute, law enforcement was PROHIBITED from making an arrest based of the facts and circumstances they had at the time.”

He cited the statute number for Florida’s “Stand Your Ground” law, which provides immunity to people who kill someone in self defense.

Lee’s was criticized for his explanations, because many people thought he was bending over backward to protect the shooter based on the results of a shoddy investigation.

CLICK LINK FOR ZIMMERMAN’S STORY
http://usnews.msnbc.msn.com/_news/2012/03/27/10894561-zimmerman-accused-of-domestic-violence-fighting-with-a-police-officer