chipbennett wrote:
There's no perjury here. Period. The State can't prove that Shellie knew the account balance at the moment she answered the question, and the State can't prove that Shellie was attempting to lie.
auscitizenmom wrote:
Hi, Chip. Thanks. I value your opinion. I hope the prosecution doesn't lie and obfuscate to get what they want. Or, maybe, I should say, hope they don't get away with it because I am sure they will do that. Or, maybe they will settle out of court, drop the case, or whatever. Or, is that being too optimistic?

There's nothing that lying or obfuscating can do to help them. (To the extent that they used lying and obfuscation - i.e. the charging document - those antics will probably be actionable at some level. Their selective quoting of the bond hearing transcript was used as an obvious attempt to earn a fraudulent arrest.
There's nothing that lying or obfuscating can do to help them at trial.
Refer to
Fl. St. 837.02:
Quote:
Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree
The State has to prove 4 things:
1) Accused made a false statement
2) False statement regarded a material matter
3) Accused believed statement to be untrue
4) Accused made the statement in an official proceeding
We can concede #4, because the allegation regards statements made during George Zimmerman's bond hearing. That leaves the other three.
The State has to prove that Shellie made a demonstrably false statement about a material matter. Under case law, that false statement must involve an objective fact, and not a matter of opinion, interpretation, or speculation.
The only material, objective fact is the amount of money in the PayPal account. So the State will have to prove:
1) That Shellie knew the
exact amount in the PayPal account at the time that she said that she did not know the amount.
2) That Shellie
believed that she did know the exact amount
Now, bear in mind that the material matter here is the amount of money in the PayPal account, not
Shellie's knowledge of the amount of money in the PayPal account. Whether Shellie knew the amount of money in that account or not is immaterial to the court's determination of George Zimmerman's financial ability to make bond.
Shellie said that she did not know the amount in the account, but stated that Robert Zimmerman, Jr. administered the account, and that he could provide the account balance. Thus, the claim that Shellie intended to deceive regarding the amount of money in the account is simply specious.