Why Agreeing to Bail for George Zimmerman Could Make Sense

Kendall Coffey on his Spinning the Law LinkedIn Discussion Group

Kendall Coffey's book Spinning the Law

Perhaps the special prosecutor should consider agreeing to bond for George Zimmerman rather than contesting it. While aggressive prosecutors are rarely enthusiastic about backing off on anything, and with a charge of second degree murder they can argue that he should be denied pretrial release, respect for the defendant's presumption of innocence and the reality that he does not seem to be a flight risk or a danger to others in the community is compelling.

Most importantly, however, agreeing to a bond with appropriate conditions could be in the prosecution 's best interest. If the special prosecutor opposes any form of pretrial release for Zimmerman, the defense will insist on a proceeding called an Arthur hearing, which is a hearing that determines whether the state's case is strong enough to eliminate the defendant's right to be released on bond.

Even in murder cases, a defendant is eligible for bond though the state can challenge that right “where the proof is evident or the presumption great.” In applying the Florida Constitution's provision concerning entitlement to bail, courts find that the burden on prosecutors is to show proof even greater than the standard needed for conviction, i.e., beyond a reasonable doubt.

Prosecutors can use transcripts and affidavits in an Arthur hearing, but it is not clear that meeting this enhanced burden will be easy for the murder charge against Zimmerman. They would likely to show most if not all of their best evidence, something the probable cause affidavit used for the arrest explicitly and strategically avoided.

If they try and fail, they run the risk that the court could enter an order that details any and all perceived weaknesses in their case. No such order would be admissible in a court of law before a jury, but it could be a jarring setback in the court of public opinion. For example, in the Kobe Bryant case, the Colorado court 's skepticism about the case against him was evident in the order that followed the preliminary hearing (and the weekending case was ultimately abandoned by the prosecution).

There is no need for prosecutors to expose all of their theories and evidence at this stage, nor can they be assured a favorable outcome. The right approach for George Zimmerman is pretrial release, perhaps home detention and electronic monitoring, with appropriate conditions.

Agreeing to that proposal could be not only the right thing for Zimmerman, it could be the correct move for the prosecution as well.

Kendall Coffey Speaks about George Zimmerman and Trayvon Martin Case

Kendall Coffey talks about the legal developments in the Trayvon Martin case and Florida’s “Stand Your Ground” law with MSNBC:  

Kendall Coffey urges public to be patient in Martin Case

Vote-Rich Florida Can Be Kind to Riches

Kendall Coffey on his Spinning the Law Discussion Group

Kendall Coffey

To many Floridians, the previous GOP Presidential contests in smaller states were sideshows.

Of the early primaries, only Florida has the size and diversity to truly reflect our nation. Although the race here is too close to call presently, Florida’s pivotal role could be good news for Mitt Romney. In the Sunshine State, a candidate’s bags of money do not seem to create much political baggage. Just ask our current Governor, Rick Scott.

The political novice ran in 2010 with very controversial wealth – Scott’s former company paid $1.7 billion in fines and damages for health care fraud. But his massive waves of television ads derailed a powerhouse primary opponent as well as a formidable Democrat in the general election. Romney’s Bain Capital issues pale in comparison to Scott’s problems (like taking the 5th Amendment dozens of times).

Throughout Florida, television executives are smiling about the medium’s critical role in the Presidential sweepstakes. While more than $13 million in pro-Romney funds have already been spent or committed – and more may be on the way – the Gingrich PAC has reportedly amassed at least $5 million. Much of the battle for Florida could turn on whose Super PAC can beat up the other – a candidate’s ground game may have too much ground to cover before January 31st.

Even so, Romney’s organization may have secured a crucial advantage with absentee voters. Plenty of them received mailings from the Romney campaign in December. Gingrich, whose organizational fumbling cost him a place on Virginia’s ballot, apparently missed that key opportunity. Like early voting, absentees make decisions before Election Day. Even with his recent surge, Gingrich may be too late for many of these voters.

Thanks to inconclusive results in the earlier states, Florida is positioned to deliver a powerful verdict in what has been a topsy-turvy GOP contest. Debates can be important, but wealth – tainted or not – can be a candidate’s best friend in a state too large for retail politics and with ten media markets that can be fed only by massive television dollars.

The Modern Employment Dilemma – Zero Job Prospects or Zero Privacy

Kendall Coffey on his Spinning the Law LinkedIn Discussion group

Kendall Coffey

Companies that want to avoid and minimize criticism or high-­profile embarrassment from Facebook and other means are increasingly conducting more thorough background investigations to monitor their employees. As a result, employees should be aware that they may suffer consequences for publishing words they had deemed innocent or private.

While most established companies have a policy or an employee manual that specifically gives the employer full permission to review what its employees are browsing online, this is very different from investigating an employee’s personal Facebook account and penalizing him or her for that content.

Several states are now considering legislation to control this breach of privacy. In the meantime, everyone from student-athletes who risk losing scholarships to prospective employees who risk not getting hired must endure this advanced scrutiny. While companies and employers are jusifiably concerned with protecting their brand, entering someone’s Facebook account provides access to private communications that reveal information on the author’s personal thoughts and viewpoints.

The courts soon might have to rule on whether this is overreaching by employers. With private employers in an at-will state that can terminate an employee for any reason besides an illegal one of discrimination, it is difficult to prevail in a legal challenge, but public employers are subject to a number of Constitutional provisions.

Student-athletes have a stronger position, for example, than a prison guard or law enforcement official because society demands a more exacting scrutiny in certain areas of employment where public security and pubic interest are an issue.

Unless legislation is passed to protect student-athletes and employees from their respective universities and employers, this society will inevitably become one in which public and private information mesh until the lines between them are indistinguishable, bringing us closer to Orwell’s prophetic '1984' state.

Kendall Coffey on the Trayvon Martin Case

According to MSNBC George Zimmerman is likely to be tried before a jury in Sanford, Fla., where the killing took place Feb. 26, though defense attorneys may argue that the trial should be moved to another jurisdiction, according to NBC News. Two attorneys who earlier worked with Zimmerman quit the case on Tuesday.

In an interview, NBC News legal analyst Kendall Coffey a former federal prosecutor and author of Spinning the Law, called the charges "aggressive," and Corey's presentation of seeking justice in the case "masterful" for emphasizing that she was following the law. Shortly before the charge was announced, Coffey said prosecutors likely face a difficult time at trial.


“Bottom line is there is very big difference between a righteous prosecution and an easy prosecution,” Coffey told msnbc TV. “I think she believes in her heart and in her mind that this is a righteous prosecution and the chips are going to fall where they may.”