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Shellie Zimmerman asks judge to throw out perjury charge

Excon

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Shellie Zimmerman asks judge to throw out perjury charge
Her lawyer: The special prosecutor has exceeded her authority.

By Rene Stutzman, Orlando Sentinel
5:24 p.m. EST, November 29, 2012


...

Gov. Rick Scott in March appointed Corey as special prosecutor in the George Zimmerman case. He's the Neighborhood Watch volunteer who shot and killed Trayvon Martin, an unarmed, black 17-year-old, Feb. 26, in Sanford.

Scott's executive order gave Corey the authority to investigate "all matters pertaining to the death."

In paperwork filed today in state circuit court in Sanford, Shellie Zimmerman's attorney, Kelly B. Sims, argues that Corey's authority does not extend to any cases in Seminole County except that of George Zimmerman.

"Importantly, Governor Scott did not give Special Prosecutor Corey blanket authority to file additional charges against other individuals for any alleged crimes committed within the Eighteenth Judicial Circuit," Sims wrote.

...
Shellie Zimmerman perjury: Shellie Zimmerman asks judge to throw out perjury charge - OrlandoSentinel.com


Interesting. A technicality that should fly.
 
Sounds like Corey is a power hound or something? She should have handed a perjury complaint over to the local DA and stayed away from it. Personally I thought the Zimmers were simply in over their heads with the attention they got, the donations they received, the hate propelled their way and it doesn't excuse her lying but it could be cause a mistake on what the money was to be used for.
 
I don't think it will fly. This is the same state that ruled as an unconstitutional violation of separation of powers the legislature's narrowly tailored law that reinstated Terry Shaivo's feeding tube. The ability to bring charges of perjury is an vital tool in the prosecution of a crime. The Governor clearly intended for the special prosecutor to be able to prosecute Zimmerman in regards to Martin's death. To rule that the special prosecutor does not have the power to also bring charges of perjury against individuals whose false testimony might undermine the case against Zimmerman not only would be to rule that the Governor's intention was that the special prosecutor operate with impotence, but that the Governor has the power to make the judicial process impotent.
 
She was given certain powers.
She can not exercise those she was not given.
She should have recommended to the local DA that charges be brought.
Nor do I believe that the local DA would be precluded from bringing charges if she isn't.

Usually jurisdictional issues must be challenged at arraignment.
If one does not, then jurisdiction is considered accepted.
So it will be interesting to see how this plays out. Right jurisdiction, just done by someone with out charging powers.
 
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