When Can the Governor Appoint a Special Prosecutor

[lookingfortruth1982]

My question involves police conduct in the State of: Florida

What legal precedence allowed the Governor of Florida to step in and appoint a special prosecutor to take over the Treyvon Martin shooting investigation?

I know that the Police Chief step aside before this decision was made but I imagine it was due to pressure.

I also know that the police dept was under fire for botching the investigation
and
that the Florida "Stand Your Ground Law" was called into question and that he also created a Task Force to look into the constitutionality of the law- but they were separate actions.

Do all governors have powers like this? Or does Florida have specific laws making this possible?

[Conrad Hunter]

No legal precedence is needed? Like who has standing to challenge it? Certainly not you.

The attorney general can step in when she wants along with the governor. In cases of statewide interest or jurisdiction. There is concurrent jurisdiction for lots of things, esp. civil rights which can be done under state or federal law. The AG prosecutes cases directly under a state-wide mandate and in cases of crimes in multiple counties. The state can also send in FDLE, the statewide law enforcement agency.

What often happens is the state tells the local authority it wants to take over and asks the local authority to step aside and agree to said intervention. They don't say no, get real.

Stand your ground is a terrible law in some respects. The shooter was not defending his home, he was on the street as a self appointed security guard looking for confrontation and trying to play hero, a cop wannabe.

Stand Your Ground is a get out of jail free card. It can stop the prosecution in its tracks. It does not always work.
There was a stabbing here and the circuit court and court of appeals both rejected that argument, so it went to trial. Deadlocked jury (two of the best lawyers in FL 100k+) so waiting for retrial.

Self-defense would be available, but that is only a justification defense after one is charged and on trial.

[lookingfortruth1982]

Well I am currently in the process of trying to get the AG and/or Governor to step in and take over a criminal investigation that has been going on for almost 20 years. The Chief of Police is awful and I mean that in every sense of the word. There have been numerous errors and some big botches recently. I am being vague intentionally, because I'd hate for this to come up in a google search and people know what I am talking about.
This is not a case that involves me personally but I am helping someone who I have seen suffer for the past 20 years. I am hoping--actually I WILL meet personally with the Atty General and I want to be prepared for whatever bs reasons they give me for not being able to step in and take over.

So really, bottom line- they CAN step in--whenever needed?

I've GOT to find this person a pro bono attorney asap. She has no money and I am afraid without a smart savvy lawyer- people will continue to walk all over her as they have for the past 20 years.

This ends now!!!

Thanks for the info.

If you know of any other cases where the Gov or Atty General have stepped into a case like this - that does not involve a conflict of interest of a public office--thats the text book definition for special prosecutor's role...PLEASE PLEASE - CITE THEM HERE - I WANT TO HAVE AS MUCH AMMO AS POSSIBLE.

Thank you again so much!!

Oh and are you an atty?

- - - Updated - - -

I also have a feeling she could have wayy enough to file a lawsuit...heck- especially if the AG refuses to help!