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tv   CNN Newsroom  CNN  February 15, 2014 3:00pm-4:01pm PST

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>> so the jury is deadlocked on count one, and they are deadlocked on the murder charge against dunn, but they have reached a verdict on the other four counts. dunn is charged with killing 17-year-old jordan davis. back in november of 2012, after an argument over loud music. he is also facing attempted murder charges for firing into the car, which was also carrying davis' three trends. t -- three friends. the testimony in this trial is emotional and unpredictable. let's look back at the week of testimony. >> we just heard gunshots at the gas station. >> we need help now. >> someone has been shot. >> it was coming from over at the gas station, and then a red, and it looked like a dodge
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durango, and it with was like pop, pop, pop. >> i had never been so scared in my life. and that is when i reached into the glove box and unholstered many my pistol. >> reporter: the sot. >> my son was gunned down by a man who didn't like his music. >> it was not an issue of loud music, but it was a n issue of them threatening my life. >> once all of the facts come out, it is going to be very clear that mr. dunn acted responsibly and as any responsible firearms owner would have acted in the same circumstances. >> and he goes, you are dead [ bleep ]. >> and i said, oh, baby, let me give you a hug. let me give you a hug. he says, mom, i have to go. and i said, please, let me give you a hug. that is the last time i saw is him. >> we are covering these breaking developments from all
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angles here on cnn, and as i have said before, this is adult con verysati -- conversation, ae ready for this. we have defense criminal attorney paul callan and ben ferguson and marc lamont hill and holly hughes, and on the phone we have ashleigh banfield and jane velez-mitchell and nancy grace and -- when i say all angles, i mean it. and joining us as well is ben crumbp the attorney for the family of trayvon martin and we will get all of the viewpoints as we await the reaction of the jury getting the instruction from the judge. we go to florida, and he has been covering this from the beginning, and he says that the community is outraged and it is
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more than the murder of a teenager, martin savidge, but this is a cause for the community and if not the entire country, martin issavidge. >> yes, and as this case has progressed more and more, people have learned about the face of jordan davis who is the young man who died p. as a result of the trial, what it could mean is that the lesser charges of murder which will bring lesser time by michael dunn is not to be be shrugged off, but it is not a murder conviction and does not bring justice to the family or the primary people in the case, and that is why if it is a hung jury on the first count of murder, you can guarantee even though it is discretionary, there is going to be another trial on this front. right now, people are gathered outside of the courthouse and waiting for further updates. i had a texting conversation with the attorney who represents jordan davis' family, and asked
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if they have any idea how long the jury will reconsider as they have been asked by the judge. he says that the jury has been thorough, and it is possible that they may not come back tonight. and maybe they could decide to sleep on it, and come back tomorrow. we have to simply wait and see. there is no guarantee that it is going to be a matter of a few hours. >> martin savidge, as you are talking to the people top ground there, i'm interested, their honest reaction to the latest developments? >> well, i mean, everybody who is outside of the courthouse right now is supporting jordan dav davis. so i have to tell you that it is a one-sided conversation that you are going to have. and i think that people, one, they have been surprised. what is taking so long? how is it possible that this decision could have any way taken four days, and then on top of that, how could anybody be hung up on the issue of murder? that is the conversation that you will hear from the people demonstrating outside of the courthouse, and they are here
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supporting jordan davis and his family. and michael dunn, you won't will find or i have not found those to talk to get their version. >> marty, standby, and we are going to need you, because there are going to be developments as we know that the jury is in the jury room with the instructions from the judge, and deliberating again saying that they cannot come to an agreement on the most important one of the charges, count one which is the murder of jordan davis. the parents of trayvon martin sent a message to the parents of jordan davis condemning, condemning what is going on in the courtroom down in florida. condemning racial profile in florida and they say it serves as a basis for shooting and killing teenagers in florida, and no matter the verdict ron and lucie, they will never see their son again and it will not change. we know the pain all too well, and they do, and we walk with jordan in defing his legacy and continuing the fight against unjust gun laws. the family attorney for trayvon
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martin's family is benjaminp and you know him well, and martin o'malley is on the phone. and what do you think of these latest developments? well with, . >> well, it is extremely troubling, don. when you think about the fact that dunn could have drove away. he could have called the police. there are so many things that he could have done versus trying to take the law into his own hands, and as we said in the trayvon martin case, if his killer was exonerated every tom, dick, and harry that kills somebody was going to say that they were stand standing their ground even if they technically say self-defense. and what does he does, he pleas the same, and he goes to have pizza and a glass of wine. it is troubling to so many
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people. >> and a let me jump in here, and i don't want to ask you, but you appear emotional here, and are you reliving this again this is. >> well, not only me, but many people around the country, and many people who have sons and daughters and nephews and cousins like jordan davis, like trayvon martin who are just so fed up with the fact that the rules are different when it is our children dead on the ground, don. there is no way to get around it. the rules are different. >> mr. kkcrump standby. >> there are some thing ths tha are different and similar to the trayvon martin trial, but in this case, it seems to be more
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clear case than the george zimmerman trial, and i'm not sure that you will agree with that, but to most people it does. so then you have this, and what is going to come next when you come to the jury instruction, and is this called the andrew charge -- >> allen charge. >> allen charge, and how long does that happen when the jury is charged with the allen charge, how much longerer does it usually take? >> well, it is usually a couple of hours, because the they follow what the judge said, and that is to go in there and talk about the weaknesses and come back to a decision, and either people are entrenched and not going to change or the two or three that are holding out can change. there needs to be a recalibration here that we need to get to. first of all, we need to agree that the jury is doing a good and a great potentially job. it is a diverse jury that has been spent 27 hours looking at the evidence and trying to wade through it and fairly
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complicated issues of self-defense and stand your ground and first-degree murder. so, first of all, we have to commit that we are going to the listen and understand what this jury decides. first of all. second off all, let's also remember, don, you said a while ago that this is denigrating the life of a young black male, but i think that we will find out that the jury is doing the opposite. this jury is going to convict, don, on either attempted first or second-degree murder, and those totally unjustified shots, at least the last three when the driver was trying to get out of there, and so those are 20 years each just for shooting at one, two, three, young black males and so that is not the issue, but the issue is that the state overcharged for the first-degree murder case, and that is what the jury is going to wrestle with first-degree murder charge -- >> mark, mark. i have news here, but what i am saying here is that on the first charge, the charge that has to do were jordan davis, if they
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can't come to anning a greet on that, th -- come to an agreement, and that is the one that is the value of life. i understand that he is going to jail for a long time, i get that. >> but here is the response, don. arguing between first and second degree, they are not concerned about jordan davis not worth their consideration, but they are looking at the law and saying that it is not first degree, because where is the premeditation, and maybe it was overturned here. >> and i understand that you are the attorney, and we are good with that, but when you first hear that the possibility of a hung jury or a mistrial on that one charge, the first reaction is what? are you kidding me? and by the way, the jury has another question. the jury has another question, ma mark o'mara, and as soon, because we are standing by, and no picture in the courtroom, but as soon as the judge comes in and hears from the jury, and gets whatever the note that the jury has given h him, he is going to read it, and we h will let you know. do you want to go to the break?
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okay. don't go anywhere, because we have a lot of things to get to. it is a long evening. the jury in the jordan davis murder trial has another question for the judge. what does that mean? maybe they have come to a consensus, and maybe not. we will be back on the other side of the short break. [ male announcer ] legalzoom has helped start over 1 million businesses.
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>> okay. we have reviewed the weaknesses of our position and have more to talk about. if we are up able to agree and reach a verdict, is the entire case mistried or is the single count mistried? i think that they didn't mean it exactly the way they said it, because it says if we are unable to agree and reach a verdict, which doesn't really make sense, but i think that i know what they mean, if they are unable to agree, is the entire case mistried or just that count, and i think that the instruction, well, the instruction doesn't really say that count, and i think that i said it, but i would repeat it again, and so my answer to them would be if you
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are unable to agree on a verdict as to that count, only that count is mistried and the other verdicts will stand. >> and did you say after? the written instructions -- >> yes. >> and that is in with the instructions that you gave and the actual written instructions of the case -- >> well, yeah, i think that when i read it, you are right. i didn't say case, i said count, but that is the instruck sthack instruction does say case instead of count. so that shows you how carefully these folks are looking at everything. >> my request, judge, would be to redraft the standard instruction with your words, because it should say on any count of which you cannot agree and that can be sent out.
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or we can bring them out and explain it to them, and tell them to write in each count instead of the case? >> does somebody have an extra copy there? >> it is the last paragraph i believe. >> let me look at it. [ no audio ]
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>> basically in the last couple of lines, it says that i will declare this case mistried and i believe i said count, but i should have changed that word from case to count. i mean, i could have them bring their instructions out, and tell them to scratch out case and put count in there, so they will have it with them, but i want to answer the question for them, and say that, no sh, the entire case is not mistried, only the count that you cannot reach a verdict on would be mistried p. >> judge, i think that we can bring out the case that it did say case in written form, but it is count, and you can explain that. >> attorney strolla, is that all rig right? >> yes. >> attorney corey? >> yes. >> okay.
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bring them in and tell them to bring the most recent instruction in with them, and it says "4.1 jury deadlock." all right. the judge has asked for the jury to be brought in, and as we wait for them, i want the go to hln host jane velez-mitchell and nancy grace. nancy, a former prosecutor e here, and what do you make of the question that the jury just asked of the judge? >> well, obviously, if they are mistrying or hanging on one charge, and they have a reached a verdict on the other four charges, the only charge that is different and dissimilar from the others is the first charge of murder. so, obviously, they have reached a decision on the other four charges. now, the allen charge, the dynamite, the hammer charge. that was about an 1896 case out of arkansas where the judge can try to convince the jury to try to reach. it says here to me that if they accept self-defense, then it would be an outright acquittal
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on all charges, and that suggests along that rational line of thinking that they are coming back with a -- >> nancy, we are listening to the judge as they are coming back. >> i have a question for the record, and the question is that we have reviewed the weaknesses of our position, and we have more to talk about. if we are unable to agree, and i think that this means to reach a verdict instead of "and" is the entire case mistried or is the single count mistried? only the single count is mistried and not the entire case. if you have reached a verdict as to the other counts, they stand. and perhaps, if you look at the -- i see the pens already going, so i see where you guys are really very, very good. i read it, and i said the word count, and you noticed that, didn't you? you guys are something. you are correct that here in the
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bottom you are looking at the second to the last line where it says case and that is incorrect, and that is my fault, because it is only the count. so if you have ultimate ly reached a verdict that is one thing, and if you have ultimately not, then only that count is mistried. so if you need to delineate that, that is why i brought it out, because i suspected that you caught that. and if that answers your question, then you can return to the jury room and continue with your deliberations. thank you all very, very much. >> all right. >> any exceptions or objections to what was said to the jury from the state? >> yes, sir. >> from the defense? >> no, sir. >> mr. dunn? >> no, sir. >> well, that just solidifies that these folks are very
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detailed people, and they have paid very, very close attention to everything, and they have analyzed this thing from every angle whether they can agree or not is another matter, but, you certainly could never fault them for their effort and in how they have conducted themselves throughout the trial. i could not be as i said once before, i could not be more proud of these folks in the work that they have done to try to get this case to a resolution. so, i will probably have a little bit more to say about that once we get their final decision, but i do want everybody to keep that in mind and recognize that they are what makes this system work. and that, we need to respect whatever their verdict is, and respect the position that they have been put in, and that they are in, and the fact that they have been putting their lives on hold for this case to make very,
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very difficult decisions. i just -- i will never have enough words of thanks that i could give them for their effort. so until we hear more from them, thank you, ladies and gentlemen. okay. that is judge russell l. healey down in duval county in jacksonville, florida. and we were speaking to hln host nancy grace before the question came in, and now nancy, you may have more of a perspective now that you have heard from the judge and the jury. >> well, i could give you a lot of legal jargon right now, but what it boils down to is that they are hung on count one, murder charge. they can't agree on murder, seco second-degree murder or voluntary, and they don't agree on any of that and they cannot reach a compromise verdict on the lesser included charges. sounds like they have to look at
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the other counts which are attempted murder on each of the other three boys in the car, and the fifth count is firing on the vehicle. what is stumping me though is that if they accept eed dunn's self-defense, and most court watchers agree that jordan davis did not have a gun, and he was a kid going out to the mall that night, and if they accept michael dunn's self-defense theory, this is acquittal outright, because if you are defending yourself, you have a right to fire back, and while the jury verdict may seem inconsistent to us, it is not to th them. it sounds like a conviction on the other four counts and a not guilty or the mistrial on the first. >> well. nancy, when we assume that they say reach a verdict, and paul cal lam brought this up that we are assuming guilty, but maybe it is not guilty on those counts, nancy? >> yes, i agree.
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but see what is inconsistent with that and why i am saying it is inkon sconsistent to us is tf they accept the self-defense, it would be an acquittal outright on everything, because he would have been justified in shooting, get it. so if they have got verdicts on one or four and not on the other, then that doesn't make sense. if they are hung on one, and convict and have decided on the others, they suggest that they are rejecting the self-defense, and you see where i am going with that? if they accept ed it, it would e across the board acquittal. very quickly, paul. >> yes, and the point is that i agree with nancy here, but if they believe that he had the right to use force and that is why they are not convicting of murder, how bizarre would it be if they convict him of attempted murder of the other kids that he was not shooting at. it would be a strange verdict indeed. >> maybe it is self-defense against jordan davis, but not
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the other three. >> well, it could, but in the case, it is a shooting as well, when we saw that surveillance tape, and we heard the pop, pop, pop, and so if you take the fact that there was shooting initially to the jordan davis and accepted that is justified, then -- >> well, that could be the second set of shots. >> and was that second set of shots justified and that could be the contempt. >> yes. >> and if we hear anything, nancy, grace, we will let you know, and will have you back. >> please do, i'm on pins and needles. >> all right. >> and can we stand by with jeff gardere and holly hughes standing by, and also the host of jane velez-mitchell on hln, jane velez-mitchell, she will join us next. and okay. don't worry about the boxes. that is the courthouse down in ja jacksonville, florida. and very, very short break and more analysis here on cnn as we await the jury.
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on the count one. and this person has passion, because she has been e-mailing me and talking to me, because she wants on and i want to hear her voice. jane velez-mitchell of hln and what is going on, jane? >> well, i'm disturbed. i am very, very upset about the prospect of a mistrial on the main count, the murder of jordan davis if in fact that is what happens. it basically means that stand your ground is a license to kill young black men with little provocation, and make no mistake, that is what it means. and as i watch this trial, and sometimes it seemed that the victim was on trial. i mean, the defense was very clever. they framed the debate from the outset, and they had the prosecution on the defense the whole time so that the prosecution, don, they spent the entire case trying to prove that the victim did not have a gun, and the victim did not threaten and that the victim did not do anything, and it seems that the victim was on trial, and the victim at times came off as a choir boy, and he wore a
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sweater, and the defense brought on witnesses who testified as to his character, and how he was calm and peaceful, and we know that he wrote a jailhouse letter that was filled with racial overtones that never got before the jury. i personally interviewed the former neighbor who claimed that mr. dunn who had racial attitudes who felt that the minorities were taking over the country, and whites were under attack, and nobody attempted to introduce that before the verdict, and -- >> that is a case here, but that was also the case in the trayvon martin case of what he did outside of his school records and all of the background, and whether or not he had marijuana in the system and all of those thing, and at times it seems that trayvon martin was on trial, and now jordan davis seems to be on trial here, and it happens with certain people who are involved with the crimes, and it seems that the victim actually goes on trial,
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and i don't know if that is race or what it is, but it is happening. >> well, it is the same prosecution team, don, and they didn't learn the mistake. they didn't learn to use it. where were the baby pictures and the pictures that are heartbreaking that i showed on my show of him as a toddler, of him as a little kid. he was adorable. i look at him and said that he looks like a young barack obama at one point. but where do they -- they didn't do that. >> and to jane's point, and i think that jane is very disturbed be i this, and i want to talk about this for a minute. the concern was that michael dunn testifies and then of course, some character witnesses to attest to what a wonderful person he is, and then of course, we know that there are the letters from the jail that, you know, speak to a less than, let's say, a fair reasonable and balanced person that he was, and jane has made the point
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repeatedly why were those letter s and indications of the prior background and the person he was, why were not not able to come into trial, and why not a depiction of who this man really was. and i have talked about this a number of times with paul, and we get it, because it is prejudicial, and we don't want to make judgments gaiagainst th defendant by virtue of what they may have said or done, the and you get the indication that they are racist or whatever, but however, once he puts the character in issue, the question then becomes, could he have been attacked on that issue? and could the jury have gotten a more clearer depiction of who he was, and that is very disturbing. >> all right. okay. jane, hold the thought, and paul, you want to get n ain, an holly hughes, i'm up against the break. you don't agree with this, do you? >> no. here is what i am saying the baby pictures would not have been admissible, and the problem here is that the prosecution spent their entire case chasing the defense's tail, don.
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when cory strolla stood nup in the closing and accused the state that they don't have a strong case and they know they don't, because they are asking you for lesser included. and john guy got up, and he says don't look at the lesser includeds, because it is first degree or nothing. and you never chase the other side, but you stick with your argument and the evidence. >> we have to get to the break, and i want to know jeff gardere, and sorry, producers, but why does it seem that the victim is on trial and not the perp t perpetrator? >> well, it is young black males who are victims and we see it over and e over again and we have the prove they were good people, and prove that they didn't have a criminal background. we have to prove that they were equal. what it really tells us is that we don't have the same standards for them, and we think that they
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are less than human, and that is still a problem. >> yeah. if you -- but the law should beb the same whether you kill a good person or a bad person, because you still kill somebody, right? >> right. >> that is all i am saying. we will be back. ♪ nothing says, "you're my #1 copilot," like a milk-bone biscuit. ♪ say it with milk-bone. ♪ ♪ ♪ told ya you could do it. (dad vo) i want her to be safe. so, i taught her what i could and got her a subaru. (girl) piece of cake. ♪ (announcer) love.
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these could be signs of rare but serious side effects. crestor! yes! [ female announcer ] ask your doctor about crestor. if you can't afford your medication, astrazeneca may be able to help. we are back now on cnn with the breaking news coverage happening in florida. i'm don lemon and we are covering the michael dunn murder trial or the jordan davis murder trial. obvio obviously, michael dunn is on trial for murdering jordan davis. this is what is going on. and probably getting my times mixed up here, but it is close to 5:00 or 4:45 the jury had a question for the judge. 4:45 eastern and had a question for the judge. the judge brought them in, and they said they had not reached a verdict on the decision of nu number one, the first degree murder charge, so the judge
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instructed them with the allen charge to go back in to come to an agreement, and just about 20 minutes ago, the jury said, again, we have a question, and this question had to do with a mistrial, and if there was one charge that they could not come to an agreement on, would it be a mistrial and the whole thing be mistried and the judge said no, just to that individual count. so there can be a partial verdict here, and does that make sense, because i am asking the attorneys here? >> yes. >> and speaking of the attorneys, i want to go to mark o'mara who defended george zimmerman or in the george zimmerman and trayvon martin murder trial, and then benjamin crump, we were talking about the consensus of not coming to an agreement on the first charge, and you were saying something about the value of a young life here? >> well, down want to say that, but what i wanted to say before is that we have to give the jury
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credit for the work they are putting in the case. this is a case where we interviewed the jury afterwards, and they said we were hung between first degree and second degree, and don, we have acknowledgeded that they are looking at the death of a young black male and saying it is significant, but they could not decide on the legal definition that day. now if they were coming back saying first degree or really concerned about the self-defense, then, yes, we know and don, as we have talked about that i have represented young black males in the system for the past 30 years, and i know how they are mistreated or treated differently than the general pop you lashgs but -- population, but we have to look at what the jury is wading through, because it is difficult when you add self-defense to it. it is not that they are not paying attention to the loss of a life. my concern for the davis family is that they don't have closure. one way or another, this is yet another nightmare that they will have to go through for the next
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several months until the case is retried if in fact the jury cannot decide it is first degree or second degree or a question about self-defense. >> yes. and listen, i don't think that anybody is putting the jury on trial here and you heard what the judge said, because he praised the jury for being meticulous, and taking out the notes and taking the meticulous notes and no one is begrudging them of that, but what we are concerned about here is the stand your ground law, mark o'mara, and you should know that why some people who in a case that is open and shut murder someone, and they are the ones who approach the person, and kill them and then get a wway wh it. that is what the people are concerned about. go ahead. >> well, yeah, i will tell you that this may have happened because of the zimmerman case. i said that this was a few months ago that millions of americans have the wrong idea of self-defense and stand your ground, because a lot of people got this idea that you could actually stand your ground meaning that you can do more than you could have done before
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the statute change. you don't get to stand your ground unless you are already in reasonable imminent fear of great bodily injury, and there are a lot of people -- don't forget that dunn did what he did six months after george zimmerman and all of that, and i am wondering if this whole stand your ground thing may have emboldened dunn and a whole number of other people who may feel that they can use the stand the ground statute to tell them to do more than they could have done before. i think that you have to be in immediate fear of your life before you take out a gun, and we are taking out the guns way too often on people, and taking them out not just on young black males, be but taut taking them too much, our spouses, and in this case, if he acted and the defense had presented enough evidence or some evidence to suggest why dunn did what he did, and i criticized him for
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not doing as good of a job that he could have done in that regard, and maybe this that is something that the jury has to wade through. >> and benjamin crump, go ahead, because my producers say that you want to get in on this. >> well, don, i will say this, as a lawyer, i don't know what happens in america where if trayvon martin would have killed george szimmerman or jordan davs killed michael dunn, and the respect of the system, but it is about american society and the valuef of young black males' lives. and in every phase of this case, trayvon, it was as if they are put on trial, and that is troubling, because the precedent is set for the next person who kills one of our children to say, hello, they were not held
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accountable, and they came with this imaginary fear of stand your ground, and it is just troubling. and so, we can try to dance around it, and pretend that it does not exist. i 'm a black male, and i have been a black male my whole life and i'm a member of the bar, and so i see it from both angles, and from being in my community, and being with my colleagues. and i have to tell you that the rules are different. >> very well put. just before i say something that i should not say on television, thank you, mark o'mara and mr. crump for that. and i want to say that nobody is begrudging the jury or putting the jury on trial, because this jury has put out 17 days of their life to deal with this, and agreed and the family has given up 17 years and probably 8 80 or 90 more years with a teenager who is dead, because
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yeah. i heard about progressive's "name your price" tool? i guess you can tell them how much you want to pay and it gives you a range of options to choose from. huh? i'm looking at it right now. oh, yeah? yeah. what's the... guest room situation? the "name your price" tool, making the world a little more progressive. break news on cnn. i'm don lemon and the jury is hung up on the murder trial of michael dunn. the jury has had some questions, and i have spoken to many people here on cnn, but none more
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heartfelt than the trayvon martin family's attorney benjamin crump, and i was going to have you go and have dinner and come back to me when there is a verdict, and i think 245 what you said when we went to break is very, very important for the people in the country to understand. can you say it again. >> yes, don. it is very important to know how this system will break our hearts sometimes, and especially for trayvon martin's, and jordan martin's as well, but whatever the verdict is, we have to respect that whatever the killers in our the -- killers of our children is to maintain peace at all costs. that is what their parents would want, and trayvon would want and jordan davis would want and his parents. >> thank you, benjamin crump,
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and very emotional. thank you. we will see you when we get a verdict. >> thank you. and i want to get to sunny hostin who is also down there in florida with the florida congre congresswoman coreen brown who has been speaking out for a long time about the stand your ground law. and both ladies are was, and it does not have to be better, and the director saying, no, no, no sh, and just put them up. and first, florida congresswoman, have you spoken to the davis family today? >> i have been with them for the past three or four days, and keep in mind tomorrow would be jordan's birthday, 19 years old. what are we doing here? it just doesn't make any sense, and regardless of how the verdict comes out, we have to deal with stand your ground, because it is a license to kill.
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>> and representative, you don't know this, and i don't mean to cut you off, but there is activity in the courtroom, and you have to get back in and go and do your thing. >> and don, let me say this, that there is some rumors going around that there is a verdict, but there is not a verdict. there is a question. there is a question. and so we will go back into the courtroom, but i want to add that when we were just there in the courtroom, the jury actually looked pretty good. they are looking very -- >> sunny, you guys need to go pretty soon, because they are -- >> okay. we are. >> get in there now. >> okay. we are going. >> okay. appreciate it. and okay. let's get back to -- and you know, we have been going around and around about stand your ground, and stand your ground and what does it mean in florida and different from new york and everywhere else? >> well, it is radically different. i was looking here at the two statu statutes, and joey and i have tried the cases as prosecutors and defense attorneys in both states, but in florida if you
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feel that you have to use force to protect yourself, you can stand your ground and fire back, and use deadly physical force. new york and many other states has a law that says that you cannot use that deadly force the if you can retreat in safety. on this fact pattern, he could have stepped on the gas if he really felt threatened and sped away, and he would have been out of harm's way, which is why in new york this would have been an impossible case to win. and that is why in even florida, it is not an impossible case to win on the fact pattern, but the stand your law -- stand your ground law is a license to kill. in the case that makes you be put in fear, in new york, you have to think twice about it before you kill the guy, because if i am wrong, i am ending up in prison. and in florida, it is pull out
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the gun and shoot. >> and now, the judge and another question. >> before i bring out the jury, let me say this. i know that you have all anxiously awaited this day, and this case has been pending for approximately 15 months. it is obviously affecting many live lives, and this is a very, very emotional time. i understand that. to this point, you have all conducted yourselves as i have requested, and you have done so gracefully here in the courtroom. i would ask you to continue to abide by my rule of decor ruum ask you to refrain from any emotional outburst when you hear the verdict read. if you feel as though you might not be able to contain yourself, i would appreciate it if you would excuse yourself. this case is not about winning or losing. remember, also, as i mentioned a
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few minutes ago before we broke last that we must respect the jury's verdict. this group, as i said is, they have worked extremely hard and i have never seen a case where deliberations have gone on for this length of time and with this type of dedication by these folks. as i mentioned, they've put their lives on hold, and worked very, very hard and diligently, a and they did not ask for this assignment, they were summoned to jury duty, but they embraced their civic duty, and they are to be respected for it. so i ask you to please, keep this that in mind, and please keep any comments or emotional outbursts to yourself when the verdicts are read. thank you. all right. with that said, let's bring the jurors on out.
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>> okay. so the judge has said that there appears to be a verdict is what it sounds like. >> yes. >> and he has given the instructions of no outbursts in the courtroom, and the jury that is deliberating for four days now is about to come in and hand the verdict down on michael dunn, and whether they have reached a consensus or some sort of consensus on the count one that they had trouble with e earlier. will it be a hung jury on that count? we have assumed on the other counts that it would be, but we are assuming that and we don't know. >> and maybe an acquittal of those counts. >> okay. it appears that the jury is in. let's listen.
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>> all right. ladies and gentlemen, welcome back. i understand that you have now reached verdicts on all counts? no. all right. >> judge? >> yes, ma'am. >> [ inaudible ]. >> let me ask you to step into the jury room for one second and let me speak to the lawyers and have you brought back out in one minute, all right.
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>> ms. cory or mr. guy or ms. wilson? >> judge, we believe that you should read which count they are deadlock and now the foreman has announced that you have a separate verdict form, and make sure that they have not checked anything, and declare that one count of mistrial, and then proceed to the other verdicts? >> all right. mr. strolla? >> judge, we agree. they said they had four counts and they are still deadlocked. normally, it is a multiple -- but they are going to put in another allen charge is necessary, judge. >> quite frankly, i don't believe it is allowed by law. >> we agree with your honor. >> all right. mr. dunn, you understand the
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situation, and understand that apparently one case, one count would be declared a mistrial? >> yes, your honor. >> okay. then bring the jurors back in. >> jurors are entering the courtroom. >> all right. sorry about that, ladies and gentlemen. you can have a seat. and juror 7, you are the foreperson and if you will hand the verdict forms to the bailiff, please. >> thank you.
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all right. we have verdicts in counts two, three, four and five. i have the verdict form in count one, and there are no markings on it, but i will provide it to the clerk for the record. and based on the jury's inability to reach a verdict as to count one, i would declare that mistried, and we will talk about how we will proceed with regard to that in a moment. the other verdict forms are in order, and i will give it to the clerk for publish iing. >> in the circuit court of the 4th circuit court duval county, 6f 1572xf, the state of florida
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versus michael dunn, the verdict as to count two, we find that he is guilty of at a tempted second-degree murder, and we find that the defendant discharged a firearm in the commission of the offense. verdicts as to count three, we the jury find the defendant guilty of attempted second-degree murder and lesser included offense. we find that the defendant discharged a firearm in the commission of the offense. verdict as to count four, we, the jury, find the defendant guilty of attempted second-degree murder a lesser included offense, and we find that the defendant discharged a firearm in the commission of the offense. verdict as to count five, we the jury find the defendant guilty of