tv Cavuto on Business FOX News July 13, 2013 1:00pm-1:31pm PDT
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♪ >> gregg: fox news alert. we can get a verdict any moment now, day two of the jury deliberations in the george zimmerman trial. we are keeping an eye on the courthouse inside and out. producers and reporters are there where a jury of six women are deciding whether the former neighborhood watch volunteer acted in self-defense the night he shot and killed 17-year-old trayvon martin. hello, thanks for being with us, i'm gregg jarrett. >> heather: i'm heather childers. welcome to another hour of america news headquarters. the jury could convict zimmerman of second-degree murder, possibly putting
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him in jail for life. jurors are also considering the lesser charge of manslaughter and they could find zimmerman not guilty. lastly, those six women jurors may decide they are unable to reach a verdict. phil keating live from the seminole county justice center with the latest. >> reporter: its steamy summer afternoon here in sanford florida. after nine and a half hours of jury deliberations, from here in seminole county to cross the country we still await a verdict in the george zimmerman murder trial. this is the most high profile and highly watched criminal country right now which some call the civil rights trial of the 21st century. it's entirely in the hands of six women. george zimmerman returned to the courtroom at 9:00 a.m. as the jury resumed deciding was zimmerman justified to kill
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in self-defense. he could be found guilty of second murder, guilty of manslaughter or not guilty. he believes shooting and killing trayvon martin was justifiable deadly force under florida controversial stand-your-ground law. martin bought skittles and drink at a 7-eleven, zimmerman followed him and called police. outside the courthouse 150 demonstrators here dedicating their saturday to demand justice. >> i feel very bad for trayvon martin's parents but we care for george, too. he a good man that fell into a bad situation. >> it was wrong for him to kill this young man. he was fighting a young boy. >> reporter: yesterday afternoon the court had one question for the judge. could they get a list of
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inventory of all the evidence they saw in the three-week trial. the judge quickly got that to them. not a single question from the jurors and judge let them have a one hour lunch break between noon and 1:00. they have been back in deliberations room for three hours after lunch and, we are waiting outside. it's hot and steamy but no verdict yet. >> heather: we will continue to wait. phil keating reporting live for us, thank you. >> gregg: we have seen a lot of cursing and profane statements. a lot of crying and some pretty graphic, grim even morbid photographs during this trial. we have watched the parents of both george zimmerman and trayvon martin both take the witness stand both saying it was the voice of their son screaming for help on the 911 call. trace gallagher has some of the more dramatic moments from this murder trial.
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>> prosecution began opening statements with a flurry of obscenities relating what he told a police dispatcher minutes before he shot trayvon martin [ bleep ]. he [ bleep ] they always get away. those were the words in the grown man's mouth. >> for the defense, deadly serious trial begin with a joke. >> knock, knock. who is there. george zimmerman. >> the joke fell flat but the defense recovered by catching the prosecution's star witness rachel jeantel who was on phone before the shooting in a number of inconsistencies. >> when you were talking about the same thing again, instead of saying what are you talking about, it became what are you doing around here? correct? >> yes. >> reporter: at times she was defiant and difficult to under but her story of how her friend was being
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pursued for no reason was both clear and captivated go. >> [ bleep ] cracker. >> cracker? >> right. >> reporter: a large part of the case who started fight and who was heard screaming on a 911 call made by a neighbor. >> i don't know why. i don't know. i can't see him and i wanted to know what is going on. there is yelling. >> witness after witness was called to the stand asked to identify the screaming voice on the 911 call. >> it was george screaming for his life. >> whose voice do you recognize? >> my brother. >> trayvon? >> yes. >> definitely was george. >> most compelling witnesses were the mothers
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of both the victim and the defendant. >> ended up screaming or yelling, do you recognize that? >> yes. >> and who do you recognize that to be, ma'am? >> trayvon benjamin martin. >> whose voice was that? >> my son, george. >> are you certain of that? >> cause he is my son. >> reporter: police say the father of martin was not his son but on the stand he disputed that. >> i kind of pushed away from the table and just kind of shook my head and said i can't tell. >> so your words were i can't tell? >> i never said, no, that wasn't my son's voice. >> lead investigators were the first to hear george zimmerman's version of events. they interviewed zimmerman hours after the shooting and next day walked him through a videotaped reenactment. they dropped a bombshell in
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court. that testimony was stricken from the record, but remains in the minds of jurors. there was testimony from zimmerman's best friend, an air marshal who wrote a book about the shooting but he admitted he wrote the book from memory. >> it wasn't until four months later you went back to scour your memory to put back together what he had told you on that night at 2:00 in the morning. >> unfortunately i did not take any notes, it was just memory. >> former sanford police chief testified how it divided city leaders saying when the city manager played the 911 calls for the martin family, police were not allowed in the room. >> is that normally an event that would be handled by law enforcement? >> yes, sir. >> reporter: the city manager shot back saying he was only trying to accommodate the martin family. >> bottom line was it was the decent thing to do to play it for the family before it was released to the public?
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>> true. >> and it occurred the way it did? >> that is correct. >> medical experts testified about everything from the angle of the bullet to the absence of blood to the severity of george zimmerman's injuries? >> after reviewing all those items in terms of severity how would you classify the injuries to his head? >> they are not life-threatening. they were very insignificant. >> while the testimony will make or break the case, it was an exhibit that silenced the court, bullet hole in the hoodie. >> gregg: trace gallagher reporting. thanks. keep it right here for continuing coverage and in-depth analysis of george zimmerman trial. coming up, we're going to take a closer look at the jurors deciding zimmerman's fate. we'll put it up on the screen, two charges, second-degree murder and manslaughter what prosecutors need to prove the possible outcomes here.
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and ever important self-defense, literally the jury instruction. we'll put that up on the screen and pick it apart with our lawyers. stick around for that as we awaited the verdict in the highly emotionally charged trial in florida. >> heather: will there is some other news going on today. in san francisco, police now identifying a third victim of the asiana airlines crash. a chinese student died from her injuries yesterday. she had been in intensive care for nearly a weekly and was a schoolmate of the two other victims, two -- two other 16-year-old girls killed in the crash. one of those girls who died on the day of the crash was hit by a fire truck speeding to the scene. police say she was covered in fire retardant foam that was sprayed.
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they simply did not see her. her exact cause of death is unclear. a faulty rail joint is the focus of an investigation into yesterday's deadly train crash near paris as several cars overturned when the train crashed into a platform. at least six people died. dozens more were injured. all of this came at the start of a busy holiday weekend in france. police now say that they do not believe human error is to blame. >> gregg: the texas legislature approving one of the toughest new abortion bills in the country. this vote coming after weeks of protests drew thousands to the state capitol and made it the focus of the national abortion debate. now, the bill goes to the desk of governor rick perry. elizabeth prann with more. hi, elizabeth. >> reporter: republicans rallied after that filibuster last month and they passed a abortion bill during a special session of the
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state legislature. capturing national attention and rising emotion from both party basis. it would limit the procedure in texas to surgical centers. five out of 412 existing abortion clinics meet the requirements. it requires doctors to have admitting privileges at nearby hospitals. supporters say it improves women's health care and protects the inborn. >> the part of this bill accomplishes two goals. number one, it establishes a safe interested in pre-born children who can feel pain. number two, the bill bans abortions at five months or 20-week threshold. >> democrats, however, have a different viewpoint. while introducing amendments to add exceptions, protestors made national news as they chanted outside the rotunda chamber. they argue the bill is contraceptive actions and leading to more unwanted
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pregnancies. >> this is poor one. this is a war to disenfranchise of women who live far out. women who live in urban centers will be able to get the healthcare they need and access it with ease. >> reporter: meanwhile, in o capitol hill they have approved the bill after 20 weeks of pregnancy of banning abortion. democrats say it's unconstitutional and won't get a vote. >> gregg: elizabeth, thanks very much. >> heather: coming up we'll show you live pictures from cairo, egypt. this is where massive crowds of pro morsi supporters are gathering as we learn the former leader is facing a criminal investigation. we'll have those details. >> gregg: new details in the case of nsa leaker edward snowden, russian officials are saying whether he is, indeed, seeking asylum in their country.
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>> heather: as we await a verdict in the george zimmerman murder trial, we will take a look at all the possible outcomes for the former neighborhood watch volunteer and go over all the questions that jurors have been instructed to ask themselves. >> how many times? >> and if i drop this. i'm not going to do some drama and drop it on the floor and watch it roll around. okay? this is cement. that is not an unarmed teenager with nothing but skittles. [ mortazavi ] i'm definitely a perfectionist. details are really important during four course. i want to make sure that everything is perfect.
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address saying the overhaul of the nation's immigration system can provide a big boost to the economy, citing george w. bush's support of a comprehensive solution. and 23 people have bone injured during a stampede in the running of the bulls in spain, among them an american college student. >> gregg: as we await a verdict in the george zimmerman murder trial we want to take a look at the kinds of questions that jurors are likely considering as they make their decision. to come back with a verdict of second-degree murder, there it is. jury must find that zimmerman acted with ill-will or hatred, spite or evil intent and indifference to human life. that is the definition of it. lesser charge of manslaughter, look at this. pretty straightforward. jury has to consider whether zimmerman intentionally caused
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martin's death mere negligence is not enough. marcellus joins us and mercedes cowan is a legal analyst. marcellus let me begin with you. i don't want to get too fine of a legal point but prosecutors have an option. they could have on manslaughter have chosen option "a" which was culpable negligence. it's kind of recklessness. instead they chose simply an intentional act that results in death and mere negligence is not enough. it appears that is an easier standard for prosecutors to prove? >> yeah, absolutely. first of all as you correctly pointed out with respect to the second-degree murder, you've got those depraved minds set in terms of ill-will and hatred. if you are talking about did the defendant exited acts that caused death,
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doesn't look like there is any dispute in this case it was intentional. it solicits the focus on whether or not mr. zimmerman acted with justification which we've been focusing on which is self-defense. >> gregg: manslaughter is the easier standard, is it not, but self-defense is a complete defense. it negates and excuses both second degree murder and manslaughter? >> it does, but here is the big issue. self-defense has to be reasonable. he had to reasonably perceive that his life was in peril. a lot of it is going back and forth. so he bought the skittles and expert says the injuries to your back of the head and nose whether it was fractured or bloody nose wasn't life-threatening. how can you come forward and you the jurors should accept that you legally perceive that his life was in danger.
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>> gregg: couple things on that point. wonderful demonstration, i think anybody would agree, by mark o'mara when he when he block the concrete. wait a minute, his weapon was not skittles and ice tea. no it was a deadly weapon, concrete which, which can cause brain damage to our pathologist. he said, take a look at the jury instructions when you go back to the jury room. injuries are largely irrelevant under the law. marcellus? >> that is true, but i think the prosecution scored critical points with the statement, this really isn't a question of whether or not you have stand your ground. it's question of stay in your car. other poignant question, did zimmerman kill martin because he had to or because he wanted to. so the issue about self-defense, the other critical question that
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prosecution did an effective job, the time line on the assessment on zimmerman's judgment started when he was in his car. from that moment when he engaged and pursue, you have the question -- can you inject yourself in a situation that results in an escalation of violence. >> gregg: the answer is you can, it depends on your state of mind the moment you pull the trigger. pit up the jury instruction on self-defense. it's all about that moment he pulled the trigger. the jury instruction on screen please. if he reasonably believed that it was necessary, that is pulling the trigger, to prevent his own death or great bodily injury, then he is justified. mercedes, it doesn't matter what happened in this four or five minutes beforehand? >> that is a great point. it really will be whether the jury is going to say, i am going to look at this
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and compartmentalize everything that took in place. there is a inconsistent in that. we have two witnesses. we have best friend that wrote a book, no, zimmerman told me he had the gun in his hand. we have zimmerman telling the authorities that trayvon was reaching for my gun. you have to make sure the jury focuses and defense didn't hit home on that. >> gregg: i want to put up reasonable doubt because it applies to self-defense not just murder and manslaughter. if you have a reasonable doubt on a question of whether zimmerman was justified in the use of deadly force you should find him not guilty. you see the burden in florida shifts from the defense to the prosecution whether they invoke self-defense. they have to disprove it beyond a reasonable doubt, right? >> yeah, that is the tough part for the prosecution here as you pointed out. people have looked at some
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of the comments of the prosecution in closing argument. the tremendous points with respect to inconsistencies with all the questions raised. why did he get out of car if he was afraid. unfortunately, if the burden of proof is beyond a reasonable doubt on the prosecution, you want to close those gaps on evidence instead of asking rhetorical questions. >> gregg: i want to play a soundbite because the prosecution did address the important issue was it reasonable, was it necessary. take a listen. >> to get involved, but he was over the line. he assumed things that weren't true and instead of waiting for the police, instead of waiting for the police to come and do their job, he did not. >> gregg: did the prosecutor not view that enough? did he not say over and over again, look, it's excessive. it's out of proportion to the circumstances. it was unreasonable?
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>> you are exactly right. you hit the nail on the head. that is the problem here. they didn't hammer that point. instead they are talking about race and inconsistencies. but you have to say what he did was unreasonable. a sack of skittles versus a gun. he had a gun in his pocket. these are things the prosecution hammers over and over again. >> gregg: defense danced around it, as well. as always, thanks for coming in. >> heather: still to come, nsa leaker edward snowden says he is seeking asylum in russia. authorities say there say he has to stay at moscow's airport. and a verdict could come in any moment in the zimmerman trial, what deliberations in other high profile cases tell us about what might be going on in the jury room right now. we will take a look at the evidence that jurors are considering as they decide zimmerman's fate.
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