let not your heart be troubled. greta is up next. tonight -- >> i object to the court inquiring to mr. zimmerman on his decision on whether or not to testify. >> your objection is overruled. >> judge nelson out of order? much more of that exchange. but first george zimmerman exercises his right to remain silent. >> i need to know is it your decision to not testify in this case? >> yes, your honor. >> is this clearly the distribution you yourself have made? >> yes, sir. >> thank you very much. >> the use of force expert, i have to look at it from as many perspectives as possible. because everybody's perspective is different. mr. martin was physically active and capable person. mr. zimmerman is a person who is

by no stretch of the imagination an athlete. it's my opinion, physical abilities, he would fin himself lacking compared to mr. martin. >> if this person, this man again, carrying a firearm on their waist, where would the gun be right now, in relationship to me? >> at your left inner think. >> were you aware the defendant described to his best friend, when the defendant slid down that trayvon martin was up around his armpits? were you aware of that? >> no. i have not heard that. >> where would the gun be now? >> now the gun would be behind your left leg. >> the injuries on mr. zimmerman's back of his head consistent with someone doing this on cement? >> i don't think so. >> how about this. how about if somebody resisted the attempt? the two lacerations, could that

come from cement, someone resisting me pushing down? >> i believe so. >> defense would call robert zimmer nan senior, your honor. >> you may ask me, did i recognize the voice. >> what did you tell him? >> absolutely. it's my son george. >> the latest from the courtroom live, we go to wofl's holly bristol. the late southeast what? >> the defense rested their case today. called three witnesses to the stand. first a man by the name of dennis root, used to be a police officer in south florida. now a public safety expert, a self-defense expert. you name it. the defense used every single hat this man had in front of the jury. first of all, one of the things, they used this man to essentially coach the jury into what to do if they have evidence not the same from perch to person. if somebody testifies

differently about what happened that night, then the next person, told them how to put that together, use that to the best of their ability. he also told the jury that he tells people when they get in fights, if you haven't won the fight within the first 30 seconds, you should switch tactics and he believed george zimmerman's force was called for and he was justified in doing what he did. he also told the jury that the evidence and george zimmerman's injuries match what the evidence nah was presented in court. so he was just the first one. robert zimmerman senior the income to take the stand. the first time he called the 911 call with the screams, by himself in the room. the attorney's office played it for him. the last defense witness was a woman by the name of olivia

beitalan. she was home alone with her infant child when some young men tried to break into her house, did break into the house, called 911, hiding in the infant's room in a far corner to the room with a rusty pair of scissors in one hand and a baby in the other. that night, george zimmerman came to himself, introduced himself as neighborhood watch captain, offered help and even brought a new block flock for t door. >> are we just going through the jury discussions, followed by beginning of closing arguments tomorrow afternoon? >> that's exactly what will happen. attorneys will go in, hash out jury instructions at 10:00 tomorrow morning. and at 1:00, they will bring the jury back, state prosecutors will lay out the their closing arguments. >> thank you very much. now the testy exchange between judge and defense lawyer

don west. it all started when the judge asked zimmerman directly if he wanted to testify. >> mr. zimmer nan, are you aware you have the absolute right to remain silent. you do not have to say anything, do anything, prove anything, is that correct? >> yes, sir. >> and you have the right to testify if you want to? >> yes, ma'am. >> and you have the opportunity on whether or not you have wanted to testify. and you indicated you had those discussions? >> yes, your honor. >> and have you made a decision as to whether or not you want to testify? >> your honor, i would object to the question. >>ory ruled. >> the court is entitled to determine whether or not i wants to testify. mr. zimmerman, have you made a decision as to whether you want to testify? >> no, not at this time. >> how long do you think you need before you make that

decision? >> your honor, may we have an opportunity to speak? the case isn't concluded yet. >> i understand that, and i've 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 need to discuss this with your attorneys? >> it would depend on how long the recesses are, your honor. >> if your attorneys are finished with two witnesses by the end of the day, you think you would then know whether or not you want to testify. >> on mr. zimmerman's behalf -- >> i am asking your client questions. please, mr. west. >> i object to the court inquiring of mr. zimmerman on his decision whether or not to testify. >> your objection is overruled. mr. zimmerman, i had give you more time to discuss this with your attorneys. thank you very much. >> joining us, our legal panel,

diana tennis, jim hammer, bernie grimm and ted williams. tell you straight off the top, defense is way out of line. the defense has not rested. and what in the world was she badgering him for. she should have waited. >> i totally agree, and what you don't or not realize that was the first time she inquired much george zimmerman regarding whether or not he was going to testify. this was the second time and they still had two witnesses go. she was on a tear to get this thing done. didn't want to take another break later. she wanted to cover the coloquy may have could have done it in a way to apiece the judge. >> it is not about a piecing a judge. no business asking that question. she waits until the end of the defense case. doing that in the middle of a

defense case is way out of line. bernie. >> i love mr. west. you need to stan d up to a judg at that point. let's say that the last two witnesses bombed and then zimmerman wants to testify. can he do that? >> this is the most important decision for any accused, is whether to exercise right of silence or go on the witness stand, and the judge has no business to brow beat a defendant to ask the question. she can asked at the end of the defense case. >> she could. >> and she should. at the end of the defense case, make sure there is waiver, but not then. >> i don't disagree with that, but think that also mr. west was somewhat wrong. he had a right to put an objection on the record.

but once he put the objection on the record and continue on. >> ted, are you dead wrong. a defense lawyer is fighting for his client. the judge doesn't understand his judge's judge, it's the defense attorney's obligation to fight for the client. i think he should have been more aggressive. >> you also have to be respectful of the court and once the court said i'm going to do it, put the objection on the record. the objection stands on the record. >> this judge was wrong it would be wrong for the defense lawyer to sit there. jim, you are on the other side of this aisle, your thoughts? >> two things. first of all, greta, you accused the judge of being wishy washy last night. that's wrong. >> not on stepping on the defendants rights here. >> she did whatever she wanted to do. having said that, in that momt, the prosecutor, which i've done most of my career. bystander, after a tough trial,

let the judge and defense attorney fight it out. a little premature, but questions essentially right. >> jim, you fight for a client. i have been in a courtroom fighting for a client, and i've had the judge, marshal, sit that woman over down. but it's not to be politely to the judge. >> kudos to the defense attorney. anyone watching if you don't have thick skin, you shouldn't be a trial lawyer. >> a defense late last night, and i'm sure that the judge isn't wild about defense lawyers. >> anything else we need to take up tonight? >> now that we've moved to friday, does it not make sense to start closings friday morning and get all of the closings in on one day? >> the reason i told you what schedule i wanted is because it makes sense to me. i'm not getting into this.

i'll give you my rules in the morning. 8:00 in the morning. court is in recess. ith 9:56. >> i've been in the courtroom. >> so have i. >> i am not getting my witnesses prepared and i can't do it tonight. >> i'm not physically able to keep that this pace much longer. it's 10:00 at night, started early this morning. had full days every day, weekends, depositions at night. >> i just think it's outrageous, this woman ever a judge a trial lawyer? maybe she doesn't realize when trial lawyers leave the courtroom, they go back and prepare witnesses do research the next day. that's not what the lawyers or the prosecutor does either. >> it's troubling. i don't know what to say. i like judge nelson very much. a well-respected judge. was a trial lawyer. i think expecting lawyers to

keep up that kind of pace runs afoul of due process and the sixth amendment. you can't put the juror's comfort ahead of due process. those lawyers are being run ragged. and sitting on the bench and listening and absorbing and taking notes is anything like being in the fray of trying is case, it's apples and oranges, and you know she did switch the 8:00 start this morning to 9:00. everyone showed up on time, and all of a sudden, she puts the brakes on, and we're doing very little tomorrow and the next day, and the defense wants to speed it up again, wants the closing on the same day as the state. she's in control of her calendar and clock, that's for sure. >> a difference between being in control and sort of running the risk that you're stepping on right. i would be worried if i were a judge and the attorney says i can't adequately prepare, that's

code for ineffective assistance, so she should be listening more carefully. tow, they had a dummy in court. >> i wasn't there, greta. one of the lawyers. >> let's watch this. >> big old piece of concrete if i hit you on the head with it? >> if you hit my head with concrete, yes. >> may i use the doll for a moment? >> yes. >> let's use this for a moment. i want to follow up on some of these questions. so, trayvon martin. george zimmerman. the injuries on the back of mr. zimmerman's head consistent with someone doing this onnan cement? >> i don't think so. >> how about this? how about someone resisting? those two lacerations, could

those come from pushing down? >> i believe so. i believe it was a culmination of downward force, rather than from pushing or striking and clearly by the injuries to his face and that drip would drive him walk, his head striking hard into the concrete. >> why did the prosecutor -- wasn't that a prosecutor's prop? handed that to the defense. whose side was he on? >> ted was with me during the show last night, but it was a dummy in florida. >> get him, ted. >> if you are in court, do a demonstration, better do it, see how it plays out and better anticipate the other side will use it too. i'm sure the jury was interested. if the head is being slammed into the cement like that, the

injuries will be much, much more. >> but the instruction that the jury will get, you don't have to have any injury. if i was a defense lawyer, juror number three, make sure you go back to the jury room, remind the jurors. he doesn't have to have any injury. >> i wouldn't be in reasonable fear if i had a gun and a 17-year-old in front of me. >> important you'll see later. we'll show you how dark it is back there. panel, stay with us. right now, tonight's first hot button issue on gretawire.com. was the judge out of line speaking directly to george zimmerman when she did. go to gretawire.com. self-defense, murder, or something else? the panel will tell you, coming up. also, something that will make you actually spit nails. senator rand paul here to tell you what it is. and elisabeth hasselbeck's

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self-defense is self-defense of everything. self-defense to murder, self-defense to manslaughter, self-defense to battery. what happened out there was not a crime. so in that context, there shouldn't be a second degree murder charge or any lessers. in addition, i don't believe factually a manslaughter charge will be presented. what george did, intentional act, even as he was pulling the trigger, the reason why was self-defense that doesn't suggest a manslaughter charge would be appropriate. >> let's see what our panel

says. mark o'mara, press conference after court today. he says his client really wanted to testify. it's baloney. i don't buy that. that was for the benefit of the media. no way in the world this lawyer wanted his client to testify or george himself did. what do you think? >> i have to agree with you. sfwlimerman would have to be stuck on stupid to get anywhere near the stand. the fact about it, he has testified at least on four different occasions, and are you going to hear in closing arguments, ladies and gentlemen of the jury, he testified, gave testimony to the police when he didn't even have -- hadn't lawyered up. >> good fortune, likely that there is an obstruction on manslaughter. that's a big victory for the prosecution, isn't it?

>> it's huge. i think the prosecutor overshot in opening statement, arguing second degree murder. as a prosecutor, i don't think that charge is here. never thought it is. i don't think it falls into the realm of manslaughter. now, does the prosecutor modulate that? does he lead them essentially into a manslaughter? that would be a huge win for the prosecution if he could get that that. >> the judge ruled that they couldn't use the animated video and evidence, but the defense could use it to illustrate points in closing argument. the judge will never get the difference between evidence and illustration. one of the last things, a video that the defense absolutely loves, they created themselves. huge for the defense, agreed? >> i totally agree. although i think it was bigger in my mind before witness todd testified today and we got the

actual life in real time demonstration with the doll. the defense did not know that the state was going to do that. did not know about the doll, they are like, oh, my god, i can't believe john guy is mounting a doll in the middle of the courtroom and quickly mark o'mara said if he can mount the doll, i can mount the doll. that was almost better than the animation, and i thought the entire testimony today was really walking the jury through every step of the thought process of george zimmerman and self-defense, but, yes, the animation, people love looking at pictures in a movie and it looks scientific. and i think the defense is very happy to play it for them. >> flipside, bernie. the closing argument tomorrow, and then overnight a rest and the prosecution gets a last word. that's a big tactical advantage for the prosecution. >> always, always.

in fact, diana had mentioneded earlier -- what we call, you get whip sawed -- the defense doesn't give a full closing argument. sit down and then they have the entire night to slam you with their full closing argument is. it's really unfair to the defense in this case. o'mara, a very good lawyer, he'll be very powerful in this case. >> unfair except one thing. defense lawyer, i said it was unfair, but the prosecution does have a huge burden. >> all the burden. >> so jim may not think it's unfair. you got to -- huge burden. jim. >> with the way this case has gone down, everybody thinks -- should think the prosecution will get a last chance to resurrect the case. >> we have gone back and forth on self-defense. the d.a. has all of the burden. and if it's confused at the end

of the day, all of the arguments and evidence, the jury goes i don't know if there is self-defense or not, the state loses that. >> the last thing the defense shows is that ab mated video, which completely eviscerates the prosecution's theory. panel, stay with us. next up, go to the scene of the trayvon martin shooting. we want you to see the sane for yourself. and congressman gowdy here. the irs news tonight that the irs will not like tonight. congressman gowdy will tell you all about it. when you experience something great, you want to share it. with everyone. that's why more customers recommend verizon, america's largest 4g lte network.

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go to obamacare911.com to claim your copy now. george zimmerman's fate still in the hands of the florida jury to decide if the shooting of trayvon martin was self-defense or murder. when we were in sanford, we went back to the scene late at night when it was dark to retrace the steps of zimmerman and martin. if you take a look at this

7-eleven. it's not unlike any other 7-eleven this is where trayvon martin, dressed in the hoody. have you seen the shot of the hoody with the bullet hole. he went into the 7-eleven and made a purchase the iced tea and skittles. in this area, he eventually ran into george zimmerman. this is where it all began. at the time this purchase is made, 6:24. dark outside and a very rain knee night. >> eyewitness testimony in a case like this one is critical. the decedent can't tell you, and george zimmerman has given a re-enactment of what he says happened. we came out to sort of fact check and see whether or not

anything in the apartments might have been able to see more or see less. you can see there is not a lot of lights back here other than the occasional apartment casting light ow. when the lights aren't on here, i can tell you, i can't identify someone five feet in front of me, it's that dark back here, at least now. and i assume the lighting conditions back here are very much similar to what they were at night on february 26th. this is the area right here to my right, where the decedent's bow was found and george sfwlimer mown says he was lying and where his head was pounded against the cement was about here. here, to orient you, this is the "t" area right here, and george was down to my left, made his phone call to the police, and he

intended to go this direction and go toward the clubhouse, down there, between the last section, george zimmerman says the last time he hung up with the police and then a 911 call put, was 1:20. presumably something happen right about here, and it is the jury's decide to determine who is the aggressor. whether george is defending himself or not. that's a task that we fwif to the jury for the jury to prove prosecution. now back to our legal panel. we had the advantage in that video of the light from our camera, so it's not an exact republ replica. how much could you see back or not see? >> greta, it was very hard to see at least two to three feet

in front of you. as i was talking out there, we had to put mile in the place of an innocent kid, goes to the store to get some skittles, walking through a dark area and he sees a silhouette of a truck or someone following him. that had to put the kid in great fear of bodily farm himself. >> are you saying that trayvon mart hin that fear? did george zimmerman have that fear? i don't think -- poor trayvon martin and his family. but did george zimmerman have a reasonable fear of his life and danger? necessity or no? >> it also borders on who of the aggressor, and i would have to

think if that dark -- as dark as it was back there, greta, i could hardly see you. camera man. partial back there. >> diana, when george zimmerman goes, trying to get an address when he heads back to the car, the initial confront- traces who took the first punch, who attacked who? one of the most important questions for the jury. >> i agree. the 911 person, shouldn't have been following, armed following. none of that is legally and what provocation is, it's a threat of violen violence, not armed following. no evidence of anybody taking any punch on anybody, other than trayvon martin and george zimmerman. evidence to refute that. tree, maybe they were standing, this way, that way.

and going to get approached by the prosecution. >> wait a minute, they still have to look at the toto tallity of circumstances back then, dia diana, we want to know what was in george zimmerman's mind, and what was with trayvon martin, who can't talk about us when we're dead. what was in trayvon martin's mind, nothing to do with the jury instructions, nothing whatsoever, whatsoever, nothing. >> you know, i guess it depends, at what point is the real point of aggressiveness. does trayvon martin throw the first punch? all so complicated. prosecution has to prove it beyond a reasonable doubt. >> greta, the instruction to the jury will not be what's reasonable in your mind here in setting. we can take as much time as we want to recreate this. it's what is in zimmerman's mind at that very moment. was he in fear of -- not fear --

our watchers are keen to this. not fear of hurt, it's fear of serious bodily injury or death. the judge will struggle with second degree manslaughter. the state had the tough case. >> i wish the judge had taken the jury out there. conditions out there are so important which is why we went out in. better understanding, not perfect, but better. panel, thank you. see you tomorrow night. new trouble for the irs, we'll tell you what it is. and you tell us whether you feel sorry for the irs or not? and we'll talk about that, next. two minutes. democratics during the presidential campaign laughing at newt gingrich. is he now suddenly gating democratic support?

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republicans on the war path. their target? the irs. they want the irs to pay for targeting conservative groups, literally. a house committsubcommittee appa cut. senator gowdy, how are you? >> i'm fine, thank you. >> 24%, a hefty chunk. >> when are you given resources and do not use them appropriately, you should lose them and 24% is a goo place to start. add prohibition against money being spent on conferences, videos, bonuses, and no role in

the members of the jury of the affordable care act and hope those comrades agree with us. >> what are the odds that the budget will be slashed 24%? >> 100% if your viewers let our colleagues know how disappointed they are from an american support. an agency funded by taxpayers would factor in bonuses, despite many meshes are losing jobs, homes, retirement, factor in the ridiculous star trek video, they need their own separate legal defense fund for those who want to invoke fifth amendment privileges. if those of us in the house have learned that people are fed up with the irs, can we have a 100% chance of getting this done. >> i say most people don't like the irs, a quarter of the

budget, irs still has to function, what is the -- is there 24% of fat and waste at the irs? feel confident that a cut not going to jeopardize the mission. >> i think when it's going to start and there are other bills coming shortly, which is a discussion about alternative way to collect revenue about the irs and that should be a flat tax or fair tax, but some other mechanism, i cannot stress how little trust the people i work for have in this entity. the fourth is a big cut. i have to be honest with you. they have earned every penny of that 24% cut. >> 70 million in bonuses and a memo to irs employees, they deserved the bonuses, but budgetary constraint, he will

try that you won't get it. you deserve the bonuses,py law, the contract with the union, makes it mandatory. >> why in the world he would put in print, we think are you doing a great job when no one else the western hemisphere thinks that he is, whatever ration aale, i don't care as long as he doesn't pay the bonuses. thank you very much, senator. rand paul is here next. ♪

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well, this will or should make you sick to your sum. there is news tonight the u.s. military spending $34 million on a new headquarters in afghanistan. what's the problem with that? well, we're not going to use it. u.s. forces withdrawing from afghanistan. this 64,000 square foot headquarters will never be used. senator rand paul joins us. good evening, sir. >> hey, greta. >> how does this happen, senator? >> i'd like to say it surprises me, but you know, we also spent 80 milli$80 million on a consul

sharar al sharif in the north that will not be used. the state spent $50,000 on facebook aeds to try to get mor people to like them. this is throughout government and it infuriates people. >> i pulled up records from staff. 8,133 penning v.a. compensation claims. we have soldiers that have served overseas, and we can't bother to process their compensation plans, and $80 million in a conflict. $24 mi $34 million on the 64,000 square foot. doesn't anybody give a damn. >> i asked hillary clinton, why

not provide security ads or $10 three comedians to indian on a make chi, not war tour? one lesson of have to get to th that are important like paying our soldiers, providing for wounded soldiers? all of that needs to be done, cut out the extra stuff, and we'd have plenty of money to take care of soldiers. >> is the state department -- or defense department employee who did the final authorization on this thing? somebody has to have some sense and doesn't think it's okay to do this kind of stuff?

>> we spent $1.8 million on developing rollup beef jerky, out of the pentagon's budget. $5 million, studying the golden fish, to study the collective action of fish out of the military started on homeland security grants we've got -- i have to do this. a 13 snow cone machines at a cost of $11,000 went to western michigan. >> well, let me switch to another topic that. is egypt wh. president obama went to speak to the people, muslim world to sort of try to bridge the problem that didn't work out too well. now he's got a situation in egypt. is it a military coup or not? because at the specific question for a very specific reason. >> well, you know to debate whether it's a military coup is a ridiculous debate w out question it's a military coup but the legislation goes farther. it says if the military was

instrumental in getting rid of a democratic government if it's not replaced by a military are so in this case, no matter who they put in, the military did depose morsi. i was no fan of morsi. but i'm not even anymore fan of the military so the law says the president can't give them anymore money. but that is what is the thing about this president. he thinks he's above the law z this should trouble americans because you have an irs that is attacking on going after americans because of their religious or political beliefs and now a president says i'm not going to obey the law. congress told me i can't give money to egypt i'm going to do it because hey, i'm the president and i'm above the law. that is the problem. >> greta: i don't know how anyone can call this anything but a military coup and regardless of whether morsi was a bad guy at this point we

have to sit down and maybe we should change our law and dosoma callous district guard is not a good signal. >> the thing is that i'm in the a fan of foreign aid f you're going to give shouldn't you make it conditional upon behave qlor? iraq getting a lot of our money but letting iran fly over their country so the thing is that shouldn't we say to iraq we're not giving you money? you're supposedly our ally if you're going get iran fly over your air spairks john kerry appeared to have support that had in a committee. but i'm the same with egypt. they just indicted 16 americans and would put them in prison if they can get hands on them. and this is the country we're continuing to give money? i think foreign aid at the least ought to be contingent upon behavior. >> greta: contingent on the bare minimum of the law we set and agreed upon. senator, thank you, sir. >> thank you, greta. >> greta: now to tonight's hot

button issue. is the toppling of president morsi a military coup or not? go to gretawire ask vote in our poll. straight ahead get out tissues. elizabeth hasslebeck says goodbye to the women of the view. what dot women have to say to elizabeth? you'll see it. this day calls you.

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[ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better. ♪ >> greta: 11:00 is almost here time for last call. elizabeth hasslebeck will be enjoying the view from a different tv couch. she is joining fox and friends and today said goodbye to her co-hosts at "the view". >> this is officially my last day at "the view" for a decade, i've been able to work only because, and i mean this, everyone behind the scenes worked more efficiently. i wasn't the first forn sit in this chair and i will not be

the last. past 10 years have been nothing short of extraordinary. i whole heartedly hope the next person has extraordinary set of years of air own you brought a fresh voice to the show, stood by your opinions when things were heated and you've been a big part of the show's success. >> i just have so-to-say i've appreciated your presence here a lot. i think that when we got into it it was exciting. it was exciting for the show, i think. and we of course probably have enemies because of it but so what? >> i just think you're the cat's meow. you've been a really good friend to me. and i appreciate you. and you know, may we both continue to grow. because, that is life. right? that is what live is. >> greta: we're so lucky, welcome to fox news channel

elizabeth. thanks for joining us. big changes coming to gretawire tomorrow go to gretawire.com to find out more. good night from new york. quite unusual. >> bill: the o'reilly factor is on. tonight: >> we learned that it was a contact wound with the clothing that trayvon martin had on? >> yes, sir. >> so that would be consistent with trayvon martin leaning over when he got shot, right? >> yes, sir. >> as testimony in the zimmerman trial winds up, dummies are now in play, we're not talking about the media we'll have the latest from the trial even as florida prepares for possible rioting. >> you guys are awnch before scum bags. you shouldn't be here. >> we are just trying to get to the truth. and bigotry is not evidence. >> the boston marathon terrorist makes his first appearance in court. he is facing execution if found guilty. we will tell you what's happening up there.