physical injury, there is a required reference to chapter 39 to define what that physical injury may mean under the florida statute. that definition has been likewise included. in case law on which i would rely, begins i think in the stack that's been provided, it is hermanson versus state 604, 7 second, 775, the supreme court florida case from 1992 and in that case as set forth on page 2 of the court's decision, a third degree murder provision, section 782.04 provides the killing of a human being engaged in the commission of child abuse constitutes murder in the third degree and is a felony in the second degree. in that case unfortunately the state combined the instructions for both child abuse and child

neglect but otherwise that was the reason i believe that the conviction was reversed. obviously the reason the case is there is to show that, yes, third degree murder premised upon an underlying conviction for child abuse is a rational or a listed offense in the state of florida. >> a child is someone under the age of 18, and trayvon martin was 17 when he died. hence this argument but a last minute argument to try to get that lesser included, a felony murder, a murder, that's a death that happens in the commission of a felony, the felony that's underlying here is child abuse. if you're surprised by that, you are probably not anywhere near as surprised as the defense attorney don west who said he heard about this early this morning for the first time and in fact here is how he argued that he was none too pleased with this in front of the judge.

>> just when i thought this indicates couldn't get any more bizarre, the state is seeking third degree murder based on child abuse? is the court going to give this any serious contention or consideration because if so we have a lot of talking to do. we can start with mr. mantei dumped this on us sometime around 7:30 this morning. there was an e-mail, oh, by the way, we changed our lesser included offense from aggravated assault to third degree murder based on child abuse? and put 10 or 15 cases that obviously he has spent hours if not days, if not in fact maybe more than a year plotting for this moment when he can spring it on us and the court. somewhere we wondered why the state would put this vague

allegation in the information that trayvon martin was 17. no other charge of child abuse, no evidence of anything other than this statement that trayvon martin was a minor 17 years old. first of all, i move to strike it as surplusage because it is not related to any element of the offense for which george zimmerman is charged nor related to any conceivable lesser included offense. so i guess what has happened now since the time that the state filed its information in april that they have been lying in wait collecting all of this loosely connected child abuse case law where 2-year-olds have been shot by someone who was reckless with a gun, or some child exposed to horrible deprivation or abuse resulting

in death, just so at this moment on the day of closing arguments we would have to deal with it. well, i can say it is certainly consistent with the way this case has proceeded since april. it certainly just is disingenuous as well. this is outrageous. it is outrageous that the state would seek to do this at this time in this case. now, if the court wants to recess for several hours, so we can research and review these cases, draft a memo of law, we can do that and we certainly are entitled to the opportunity to respond in a meaningful way. it is hard for me to imagine the court could take this seriously. certainly the court wasn't provided with the case law either nor given any hint that this is where this was going to go. >> pretty amazing stuff.

danny and faith are still with me. kans danny, you're a defense attorney. i am sure you were watching in awe as he was trying to argue to the court if the defense theory is that george zimmerman was undergoing a ground and pound how possibly could there be a charge of child abuse when in fact their defendant was the one being abused. the statute does allow for this, doesn't it? >> yeah. i am watching not so much with awe but so much sympathy for the defense counsel, the idea that going through all of this preparation in this trial and all of a sudden having to defend on what is really a very different charge. now, most murder exists in a continuum. if you kill somebody, we look at your intent, from i meant to do it right on down to, oops, i wasn't paying attention. felony murder exists in another realm. it is an unintentional killing. no killing was intended. however, because you chose to participate in one of the enumerated other felonies, burglary, arson, rape, robbery, kidnapping, any of those felonies our society says, well,

if you're so dumb as to participate, we will charge you with murder for an unintentional killing. it is really a policy thing. it is not truly murder in intentional death resulted. however, if you're defending against that, you need a lot of time and you need to prepare. the closing argument, i guarantee, doesn't have a shred of defense as to felony murder. >> no. good point. >> i mean, they're not -- >> i was going to say, danny, we have a delay between us. i apologize. i think if you're watching, you can train your eyes on the defense table and not now but when they're arguing and you can train your eyes on the defense table and mark o'mara, the lead counsel for the defense is not present in the courtroom. here is why. it is only my guess, but i think it is a pretty good guess, he is very busy putting together the plan for closing arguments, so that's a really tricky thing to all of a sudden have to spin around and add to. faith jenkins, jump in here if you would. do you think this is a great

stretch for -- and you're a former prosecutor. so is this a big stretch for prosecutors to ask this jury after all of the evidence that we have heard to all of a sudden start spinning around and say you know this is child abuse. after all, he is 17. or do you think this is an easy argument for them to make? >> i think that this is actually interesting because i hadn't thought about this third degree felony murder charge. what they're arguing is george zimmerman was reckless with his gun and he killed a minor. so this felony murder charge actually fits with the facts and so they can make an argument there in their closing arguments and it is what they want to do. the lawyers will sit down with the jury instructions, with the law read to the jurors and they craft the closing arguments using the instructions, using as many of the words as they can that the jurors will be instructed on in their closing arguments so make them more compelling to the jurors and to convince the jurors the law should be decided in their favor.

so the prosecutor by not telling the defense in advance before today they have had probably more time to craft their closing arguments based on this possible charge the judge is considers. >> okay. so you have me confused and i am going to go to break. i have to get mark in on this very quickly. when you said that he was being reckless with his gun and therefore there was a minor who died, i thought the underlying felony had to be he was abusing a child and the child died, and that that's what this statute is based on. >> that's right. >> recklessness of your gun doesn't count. >> that goes to manslaughter. >> it doesn't go to this third degree felony murder. >> the felony murder is -- >> it is really complicated. >> florida does not distinguish whether you know or don't know how old the child s the mere fact they're claiming it was child abuse and then death ensued, technically puts them in there. >> he said i think he is somewhere in his 20s. it won't count.

it doesn't matter how old you think they are. >> a fake i.d. and fake birth certificate, exactly, you're stuck with that. i will tell you that this is an accepted category b lesser included offense, and i think that the defense has been caught off guard with this. >> you think? he said oh, my god, in court. >> right there. i don't think the state did a very good job of establishing that through the case. we saw the state do a left turn two days ago and all of a sudden they acknowledge and change the whole theory of prosecution. they're preparing for this because they realize that their first shot, secondary, isn't working out. now they're going into the end. >> other theories as well. we can't get into that. i will squeeze in a quick break. if you see the small screen on the big screen, it is the great seal of the state of florida. you're not missing any testimony. you're not missing the arguments. clearly testimony is over. there is still a lot more to come because they are still fighting tooth and nail over whether this is going to get in,

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the arguments, this a great opportunity to introduce you more, deep dive into who this no nonsense by the book judge is. you have been watching her. you know it already. the george zimmerman judge in this murder trial has been described by a lot of people, in fact lawyers in her courtroom, people who have watched her work, she has been described as one tough cookie essentially. i want to give you a quick look. she is 59 years old. she is a graduate of south texas college of law and began her career in broward county in florida. she was appointed a judge in 1999 by then governor jeb bush. she has a reputation for being hard working and also has a reputation for imposing long prison sentences. she is not least bit afraid of any attorneys who walk through her courtroom either. in fact, i have to show you something that happened just this morning in this courtroom when don west, a defense

attorney in the case was objecting to what the prosecution just brought up. i mean, by 7:30 this morning he was hearing about it and after 9:00 he was having to argue this in court. it was this request to a a lesser included of third degree murder with an underlying felony of child abuse. he was livid. here is how she responded. >> the state is seeking this instruction as part of a larger scheme, another trick that the state is seeking. >> i don't want to hear the word trick anymore in regard to these arguments, please. >> we don't want that instruction. we're not claiming aggravated battery specifically that so as the jury would be instructed on the elements of aggravated battery. the state wants the court to come up with a definition of aggravated battery and it can't get that until it gets convinces the court to include that mr.

zimmer man is claiming that trayvon martin was committing aggravated battery. the instruction i provided is exactly the law, and it is the instruction that is in the standard that relates to chapter 776. that's the justifiable use of force chapter. it is the language we used in our instruction because that's the issue. in fact, judge, it is the only issue in the case. it has always been the only issue in the case. that is that a person is justified in using deadly force if he reasonably believe that is such force is necessary to prevent imminent death or great bodily harm to himself. that's the only issue. >> and then that section goes onto say while resisting an attempt to commit, parentheses, applicable felony upon him or any dwelling in which he was present. it is either the applicable

felony or in his house. that's the use of -- >> no. >> that's the justifiable use of deadly force. >> no. we disagree. >> then give me indication law that says that that's the wrong interpretation. >> look under the standard instructions, the standard instructions actually i have both, i have the proposed ones as well that the court directed us to, the court is looking at the wrong part of the instruction. give if applicable under 776.012 and 776.031, a person is justified in using deadly force if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself. that's one. or the imminent commission -- i am i am sorry, the forcible felony, in this instance the state claims aggravated battery, or the imminent commission of aggravated battery against

himself. it is an alternative. it is not required. we're not asking for it. we're asking for exactly what happened in this case and that is that george zimmerman was resisting reasonably imminent death or great bodily harm as this proposed instruction reads, and in fact frankly as the old one did, too. >> there you go. look, this is hard work. she is the boss. so can say things like don't use the word trick in my courtroom again. i don't like that language and i don't like that tone and she has done that before. and this just fell on the heels of something that happened yesterday that was alarming as well. usually you hear a judge ask a defendant one time are you going to testify? are you sure you don't want to testify? have you conferred with your attorneys whether you want to testify or not and it is over and it happens quickly. not yesterday. it happened four times. this judge asked george zimmerman four different times about testifying and often his

attorney was trying to get in there to say i need to confer somewhat. she was having none of that. look how this all played out. >> have you made a decision, sir, as to whether or not you want to testify -- >> your honor, i object. >> okay. overruled. have you made a decision as to whether or not you want to testify in the case? >> i object to that question. >> overruled. the court is entitled to inquire if mr. zimmerman's determination as to whether or not he wants to testify. mr. zimmerman, have you made a decision as to whether or not you want to testify in this case? >> no, not at this time. >> and when is it that -- how long do you think you need before you make that decision? >> your honor, may we have an opportunity to speak? the case hasn't concluded yet. >> i understand that. i have asked mr. zimmerman if he needed more time to talk to his attorneys, and if he does, i will afford it to him. mr. zimmerman, how much more time do you think you need to

discuss this with your attorneys? >> i assumed it will depend on how long the recesses are, your honor. the end of the day. >> if your attorneys have finished with two witnesses before the end of the day, do you think you would then know whether or not you want to testify? >> your honor, on mr. zimmerman's behalf -- >> i am asking your client questions. please, mr. west. >> i object to the core court inquiring of mr. zimmerman as to his decision about whether or not to testify. >> your objection is overruled. >> bam. your objection is overruled. no nonsense and tough. and this followed on the heels of what happened the night before that, and it was pretty amazing. it was 10:00 at night. you do not often see court going until on 10:00 at night. this session was marathon. they were discussing the issue of the cell phone texts and photographs. that's trayvon martin's cell phone.

they were discussing the issue of thc found in trayvon martin's blood, and they were also discussing the issue of that animation that was so hard fought over and ruled against ultimately, but before all of that, and all of the fighting until 10:00 at night, those lawyers started getting angry and perhaps the angriest of them all was the judge. look how it played out. >> i would offer him the opportunity right now to apologize to me for suggesting that i stood by silently with information that i did not have. >> i am not getting into this. court is in recess. i will give my ruling in the morning. i will see you at 8:00 in the morning. >> your honor, may i -- >> court is in recess. >> it is 10:00 at night. >> 9:56. court is in recess. thank you very much with all due respect we'll see you at 8 in the morning. >> i am not followingly able to go at this pace longer. it is 10:00 at night. we started this morning. we have had full days every day. weekends, depositions at night.

>> it is just been unbelievable. i don't think i have ever seen a judge literally walking off the bench while an attorney is beseeching her for more time. this is so serious and so unbelievable at times, probably why it has been so gripping. that and the case itself. we are in this break, so are you seeing the great seal on the small screen. we're awaiting the return of these attorneys and the continuation of this hard fought battle over jury instructions. you're not going to miss a moment of it. when we come back after the break i have something else i have to show you. this is other news that's been breaking throughout this day. there is a before and after image in canada incinerated after an explosion fa few days ago. d! ♪ we keep moving to deliver what you need. and that means growth, lots of cargo

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ashley banfield reporting at the criminal justice center in seminole county. we're awaiting the return of the attorneys in the courtroom. they're still fighting over the wording of the jury instructions and one critical instruction, whether this jury is allowed to consider the lesser included charge of third degree felony murder child abuse being the underlying felony. it is a huge, huge blow to the defense in this case if this happens. they're trying so hard to get that excluded and they said it was a shock this morning and heard about it for the first time. the great seal is on your screen. will you go live into the courtroom the minute me come back and the jurors ready to file back in, too. in the meantime, other news, a shocking look at the before and after pictures of just how devastating that canadian train derailment and explosion was. take a look at the screen. on the left the downtown of lac-megantic before the accident and on the right the utter devastation. the officials there, and i will

use their word, they called it a crematorium. not a single building in the downtown is left. flattened and burned, every one of them. today the town learned it will be getting $25 million from the province of quebec to help with the reconstruction efforts. it is going to be a very long time before this town is anywhere close to getting back to normal if ever because the death toll is the real story here. it is now risen to 20, but 30 people are still missing and police are having to admit at this point they are more than likely dead after that disaster. another big story we're following as well, the united states is starting to sound a little bit more cautious when it comes to sending new military aid to egypt because the pentagon says it is reviewing all aid arrangements with cairo, of course all of this is in light of last week's ouster of the president mohamed morsi. the united states is still tentatively planning to send egypt four f-16 aircraft by the end of next month.

a piers morgentagon official sa could be affected if they declare morsi's ouster officially a coup. so far it is language they're not prepared to use. also making headlines, incredible tape, frantic voices from the passengers arriving aboard the asiana jumbo jet, 911 calls that came pouring in after the boeing 777 crash landed at san francisco airport. the people aboard and the witnesses who saw this outside the plane can be heard pleading for help. it is unbelievable. here is miguel marquez. >> we just got in a plane crash. there are a lot of people that need help. >> we have people over here that weren't found and they are burned really badly. >> a chilling description of the traumatic scene as passengers escape the burning aircraft in a desperate plea for emergency medical assistance.

>> we've been down on the ground, 20 minutes, a half hour. there are people laying on the tarmac with critical injuries. we're almost losing a woman here. we're trying 20 keep her alive. >> a somber moment on an airport runway, family members of the two girls that died and others who were injured on asiana flight 214 visit the crash scene. for the first time six members of the asiana flight crew make a stand of solidarity with six of their colleagues still in the hospital, emotion and anguish is written in their faces. >> translator: we are putting in our best efforts, she says, to recover from this accident. >> many crediting the heroic actions of the flight crew for saving so many lives. investigators say three flight attendants were ejected from the plane still in their seats, a fourth injured by an emergency slide that deployed inside the cabin, and they also pulled out extinguishers and fought fires as passengers escaped.

investigators now say it took a minute and a half for that evacuation to begin. this as we are learning more about the investigation itself, ntsb saying 2.5 minutes before impact there were several changes to auto pilot and auto throttle modes. what is not clear is whether the pilots themselves were making the changes. the pilot of the aircraft also told investigators at 500 feet he was temporarily blinded by a light. >> he did talk to us about the approaching landing. he relayed that to us but it was a temporary issue. >> airport and airline officials eager to get back to full operations as arrangements are made to move the charred remains of flight 214. cnn, san francisco. imagine all of those planes coming in and landing and all of those planes taking off and seeing that carcass on the runway. it has to be foreboding for all of the passengers. when we come back i want you to

think about something for the next couple minutes. that is where were you on the 27th of june? if you think back, it was the day that edward snowden, the leaker, it was the day he flew from hong kong to russia. seems like a very long time ago, doesn't it? we have had such a big story with him ever since. that's the day this jury had to start their sequestration. now you might start to understand how long they have been away from their families. that jury is getting ready to come back in this courtroom in about 29 minutes. who are they? they are about to become extraordinarily important. after the break.

right now you have the great seal. there is a brief break. the arguments are expected to be fiery. we'll get you back in live as soon as they start back up. in the meantime, it is the jury that is also due at this courthouse at 1:00. that was their report time today, a bit of a reprieve because every other day they had to be ready for 9 a.m. arguments, testimony to start, so they're coming in at 1:00 today. these jurors are a mixed bag, even -- i know you have heard six jurors. that is usually 12. here you can have a criminal trial with six. it is not a capital trial so you can have six. these six, and there are alternates, they are five white women and one woman who is described as either black or

hispanic. two are women and one alternate is a man. the core jurors range in age between 30 and 60ish. when we say we don't know the exact ages but they look to be in their 30s to their 60s. most of them have been married and for years in fact at that. jean casarez is live with us now, and, jean, what i want to ask you is you are in the courtroom gavel to gavel. i often say there is so much that we miss by watching the monitors, you can hear it all, but there are the unspoken things that matter, the body language, the reactions from people, give me a feel for your assessment of the jurors as you looked at all nine of them, the alternates and the core jurors >> you're so right. there is a feel you get from sitting in there that you just can't get anywhere else. when i look at the jurors, you know, you see constant in jurors. they're devoted. they're dedicated.

they're taking notes, looking up, demeanor. let me tell you what's unusual. they want to get through this. i mean, i can't tell you how many days the judge has said, all right, are we ready for the morning break. huh-uh. nope. no morning break. we go straight through until many times in the afternoon. they will say the same thing. yes, they don't need a break which is interesting. they are so diverse and we know a little bit about them because sat through jury selection, heard all of that and they're have i diverse, and just obviously dedicated to the responsibility they know they have. >> so, jean, i want to go over a little bit about their occupations because you don't get to know a lot about their backgrounds. you just get the technical stuff. one of them is a nursing assistant. one of them owns a construction company along with her spouse, and another is a former chiropractor, yet another one is retired from real estate and another worked in financial services.

which is kind of a very unique collection of jobs. there is that blonde who is on the upper left of the top row who i keep looking at who seems to take copious notes and the only one and correct me if i'm wrong, jean, the only one addressed the judge several times. judge, i can't hear, judge, we're having a difficult time with this witness. judge, we need to you do something about these tapes. we can't hear them. that makes me think she may end up as the foreman. >> we'll see. yes. she is very devoted. her husband is an engineer. she is not employed. she must have a child, a very young years because she volunteers at her children's school. she is into baby-sitting and gardening, and her husband has a .38 and her husband has a rifle for hunt sog she comes from a gun family. >> it is excellent to get your perspective. just to remind our audience,

jean is also an attorney, so she is looking at this from several different angles. jean covered court for longer than all of us, so she knows what she is doing. when we come back after the break i am keeping an eye on the monitor to see if there is any activity in the courtroom. are you going right back in. we have boiled down for you in what has amounted to so far a 2.5, almost three-week trial by this point to the actual strategies in a nutshell of the prosecution and the defense. that's coming after the break. "i'm part of an american success story," "that starts with one of the world's most advanced distribution systems," "and one of the most efficient trucking networks," "with safe, experienced drivers." "we work directly with manufacturers," "eliminating costly markups," "and buy directly from local

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so we're counting down until these attorneys and the judge come back into this courtroom live in sanford, florida. i am ashleigh banfield reporting live and you won't miss a moment of this action. there has been light and heat yet again this morning in the courtroom as the attorneys fight hard. this is the last fight they're going to have with this judge about what the jury is going to know about the law when they hear the closing arguments and go in and start deliberating and as the state gets ready to present the closing argument in in george zimmerman second degree murder trial one of the pig questio big questions on the books, did the state go too far, did it over reach when it decided to go after second degree murder charge? also, what about the lessers? will this new lesser charge of manslaughter that's been put on

the table today, will that be a point in george zimmerman's favor? probably not because there is a very lengthy sentence that goes along with it. there was really never any doubt, though, that george zimmerman killed trayvon martin. that's almost stipulated to at this point. it is why. it has been the defense team and the contention headed by mark o'mara and chaired by john west, their job to show that he pulled the trying inner self-defense. anderson cooper had a chance to talk to mark oh ma o'mara. listen. >> have you already mapped out your closing argument? >> most important point, i think, is to make sure this jury looks at this case and decides whether or not george acted in self-defense. i think there is overwhelming evidence that he did act in self-defense and there is very little evidence that he didn't, and if the jury listens to the instructions given by the court, looks at the evidence, and

compares the two, not to do anything else, don't give us more than what we deserve with the facts and the law, then they're going to conclude that george acted in self-defense. my fear is that because of some bias or sympathy they may get from the state's closing argument where is they try to bring up the expletives the way they yelled and the way george yelled them and they sort of mentioned these loss of the 17-year-old that the jury may consider compromised verdict. we don't want a compromised veshd like we don't want a jury pardoned. we want based on the facts and the law and that's acquittal. >> have you already written it out or is that something you do in the final hours? >> i don't write it out. i know what i want to say. i am not good at writing things out. hopefully i will be able to communicate verbally what i want to because i will get up there and talk to them. >> one thing i can tell you, all morning long mark o'mara has not been at the defense table. this may be an opportunity for him to start mapping out that strategy at least the framework

if he wants to adlib the closing argument, terrific, but i know he doesn't want to miss anything. he may be making a few notes to follow, but he has not been present in these arguments today. the defense by the way has been able to really tear some of the state's witnesses right up. right in front of a live audience. they have been discrediting them or doing a pretty good job of turning the arguments around to suit them although you will see other people say not at all. those witnesses were strong for the prosecution. did the prosecution team of bernie de la rionda and john guy in the center of the screen and rich mantei, did they do a good job in presenting the case and picking witnesses and getting the narrative out or did the witnesses end up boosting the case for the other side, the defense? have a listen to what don west was able to do with what was really considered to be their start witness, the prosecution's star witness, a friend of trayvon martin, rachel jeantel and her testimony.

>> describing the person is what made you think it was racial. >> yes. >> that's because he described him as a creepy cracker. >> yes. >> so it was racial but it was because trayvon martin put race in this? >> no. >> you don't think that's a racial comment? >> no. >> you don't think that creepy ass cracker is a racial comment? >> no. >> all right. i want to bring in our guest today, faith jenkins, a former prosecutor and she is live with us in new york. and danny live with us as well throughout this trial, a defense attorney and you both have been very good with your analysis. i have been watching, and actually i have been quite surprised and i think danny, last i saw you agreeing with sunny hostin at one point which is a big surprise to me. seems like there is no gray

area. i feel in this case there is no gray area. some commentators are in line with saying it is masterful and others saying it is a debacle and the prosecution case was the defense case. danny, start with you and comment on that. >> first of all, the prosecutors, the defense attorneys, you don't get to choose your facts. they have done a terrific job with what i think anybody would say are very difficult facts. i think the prosecution has done a terrific job. the defense has done a terrific job. they have a hill to climb. however, you notice with mark o'mara's interview there, they're focusing on that self-defense. that's what they have to hammer home. that's their get out of jail free card. they need to focus on that to negate the prosecution's case. look, i mean, you can criticize the prosecution for choosing to call their witnesses. they had to call those witnesses to get that out in the open. the defense, though, was able to do something very rare, and that's make their case out

during the prosecution's case, and that's always a good thing for the defense. >> yeah. this isn't a legal novel. you don't get, you know, you don't get to write the script the way you want it. you take your witnesses as you get them. i often say that. you don't always say everything they want and sometimes when you think they're your witnesses they happen. it is why they're so dramatic. as a prosecutor and defense attorney, how many times have you been up there and trying to present a case and realizing i had no idea it was going to go like this, i never planned it to go like this, it just happens? >> it happens because you have so many witnesses, so many different pieces of evidence coming into trial and sometimes things will turn, but i will tell you in this case i don't think the prosecutors are aware to any particular succinct theory about what happened when trayvon martin and george zimmerman met. they'll base and you will see this in the closing arguments a consistent theme with them. there were two people involved

in this altercation, and one is dead and the other is aa liar and they'll really go after george zimmerman's statements and hammer those statements and he is lying and that's consciousness of guilt because he murdered trayvon martin. you will hear that repeatedly. >> okay. stand by if you will, faith and danny. you're both so smart. i am so glad you have been with me on this to try to get inside of what really happens in a courtroom. it is not a john grisham novel and i am sure john grisham will be watching and thinking it could be one. it has been a twisty tourney case. when we come back after the break and i am watching the live court action, still the great seal of the state of florida, yes, it is great, i know that's not a mistake, it is the great seal, not the great state apparently. that's the way it goes. they'll return any moment and still litigate over the jury instructions and the third degree felony murder charge. it is something prosecutors want want and the defense attorneys do not want, but an underlying felony of child abuse. coming back after the break, no

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welcome back live in sanford, florida. in 12 days we have seen some of the most explosive moments in a courtroom you will ever see and it really started out of the gate on day one, opening statements. take a look at this. >> [ bleep ] punks. these [ bleep ] punks. they always get away. those were the words in that man's chest when he got out of his car armed with a fully so he had loaded semiautomatic pistol and two flashlights to follow on foot trayvon benjamin martin who was walking home from a 7-eleven armed with 23 ounces of arizona brand fruit juice and a small

bag of skittles candies. >> knock, knock. who's there? george zimmerman. george zimmerman who? all right, good. you're on the jury. nothing? that's funny. >> well, no, actually a lot of people did not find that to be very funny, and the defense attorney don west who is a terrific attorney, ended up having to apologize for that later on. certainly a lot of other key moments that almost made us for get that opening. the testimony from the neighbors. they witnessed the fight. well, at least parts of it, and they called 911, and we ended up hearing screaming in the background and the gunshot that ended trayvon martin's life. >> does he look hurt to you? >> i can't see him. i don't want to go out there.

i don't know what's going on. >> you think he is yelling help. >> yes. >> what is your number. >> there is gunshots. >> there is two guys in the backyard with flashlights. >> okay. >> there is a black guy down that looks like he has been shot and he is dead. >> okay. >> he is laying and there is multiple people calling right now i am thinking. >> okay. i will have several officers going out there, okay? >> okay. thank you. >> thank you. bye-bye. >> it is really hard to hear that. that is what this case is all about. there is a young black man down, and it looks like he is dead, and you saw his parents as they listened to that testimony. the witness was sitting and listening to himself in a 911 call. it is painful for a lot of people in the courtroom to remember. this is trayvon martin's life we're discussing here. i want to he show you something else that happened yesterday, and again the life of trayvon

martin almost reduced to a foam mannequin. this was critical for the prosecution. john guy brought a gray foam dummy to the front of the courtroom and in the well of the courtroom he put it down on the ground and he straddled it to show what he thought happened and how it couldn't have been the way george zimmerman suggested but on the right-hand side of your screen, mark o'mara took that same demonstrative prop and used it to his advantage by demonstrating just what george zimmerman said happened to him. both of them seemed so plausible. both seemed, if you look at john guy on the left, where his knees are, that would be covering the gun holster. how could trayvon martin have grabbed for the gun if his legs and fleas were covering him? if you look on the right, look at the kind of injury that is george zimmerman could have sustained on the back of his head after dealing with a thrashing like this. an incredibly effective moment for both sides in this case. i don't think you can deny that. looking at the live courtroom now, the great seal of the state of florida, still our image, but we are getting very close now to

those attorneys returning from their break and deciding how they're going to fight with each other and sometimes with the judge to get that jury instruction the way they want it when it comes to the third degree felony murder underlying felony child abuse. that is live in a moment in sanford. copd includes emphysema and chronic bronchitis. spiriva is a once-daily inhaled copd maintenance treatment that helps open my obstructed airways for a full 24 hours. you know, spiriva helps me breathe easier. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes or eye pain, or problems passing urine.

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welcome back live in

sanford, the jury is getting ready to file back into this courtroom momentarily but not before the lawyers come back into this courtroom and battle over this final jury instruction. that's all going to come on the screen live in just a moment. don't go anywhere. in the meantime, this is a great opportunity on get the whip around from the experts on an essential question these jurors are going to have to discuss and deal with. number one, doesn't a 17-year-old black man, young man, have the right to walk around in the rain without fearing being shot? number two, doesn't a neighbor have the right to help protect his other neighbors? what kind of jurors are they? where are they going to fall in that argument? faith, to you first. their mothers, between the 30s and 60s. where do you think they will fall. >> five mothers on that jury. the prosecutors aren't just going to argue the law. they'll argue the emotion in this case. at the end of the take mothers expect they can send their child to the store and they'll make it back and be okay.

that's what the prosecutors will focus. >> prosecutors need to argue emotion. defense has the facts on their side. >> okay. mark, what are your thoughts on that one? >> this case as in any case prosecutors have to prove the case. they haven't done so. there is reasonable doubt at every turn in the case. to the extent the prosecution is even changes course of prosecution just a day or two ago. >> i still wonder about the mothers. you know what, there are mothers who will look at being a mother to trayvon and mothers a mother to george zimmerman. how do you know what they're going to be? >> you don't ever know that. mothers will be people like fathers are people and they have to follow the law and if they follow the law there will be an acquittal here. >> we'll get you live back into the courtroom. thanks for watching. i will be back the live at 3:00 eastern. live from sanford, florida, live coverage of the zimmerman trial continues after this. let's play:

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i am suzanne malveaux. closing arguments set to start soon in the george zimmerman murder trial. we of course bringing it to you live right here on cnn. you won't miss a thing here. here is what we expect. the prosecution is going to present its closing argument that will take about two hours. then tomorrow defense attorney mark o'mara delivers his closing as well followed by a prosecution rebuttal. then the jury gets the instructions and the deliberations will begin. the six woman jury will decide if the 29-year-old neighborhood watch captain george zimmerman shot and killed unarmed teenager trayvon martin in self-defense or was it second degree murder? judge debra nelson this morning ruled that jurors can consider the lesser charge of manslaughter. she has yet to decide if the jury can consider third degree felony murder as well. the judge likely will make that rulingn