the gender gap, a strategist causes a stir by saying this about ann romney. >> his wife has actually never worked a day in her life. she's never really dealt with the kind of economic issues that a majority of the women in this country are facing. >> she should have come to my house when those five boys were causing so much trouble. it wasn't so easy. >> plus, remembering the titanic on the 100th anniversary, oscar winning director james cameron is here to talk to us about the doomed voyage and his recent trip to the deepest part of the ocean. good day. i'm andrea mitchell live in washington. we begin. breaking news. george zimmerman will make his first court appearance for a bond hearing in seminole county. he's been charged with second-degree murder in the death of trayvon martin who was killed 45 days ago. the most serious charge that the special prosecutor could level against him in this case.

nbc's ron allen is outside the court. take us to the scene there. ween that this is the first appearance, we understand from his attorney he's going to ask for bond and then make the argument as to why this meets the standard. and the judge will be looking to his connections to the community, the seriousness of the case and the other related issues as to whether to release him. >> right, andrea. it's a first appearance. it will happen inside the county jail and secure courtroom. we have a live picture inside that courtroom. you can now see where there are sheriff's deputies making final arrangements for this event. during the first appearance, as i understand it, the judge will inform mr. zimmerman, go through the arrest avffidavit and make sure there's possible cause. there may be a discussion of bail and what arrangements mr. zimmerman has with his attorney. there could be a discussion about bail or bond. it's not certain that we'll get that far.

later, there will be an arraignment in later days to come when he'll enter a plea of not guilty according to what his lawyer has said. the attorney says he wants zimmerman out on bail because he needs access to prepare for the case. we would think the state is going to fight that particularly because of some of the erratic behavior zimmerman displayed in the days leading up to his arrest with the firing or dismissal of his attorneys and that whole scene we saw a couple days ago. also, they probably will argue he is a flight risk because he's been in hiding for so long during the time when there was some doubt about whether he would be arrested or not. again, just a first appearance before the judge. the process continues. here i think everybody is breathing a big sigh of relief because there has been an arrest, and a process going forward. >> ron allen, thank you so much. we'll be turning back to you when that first appearance takes place. now turning to our "daily fix," facing a gaping gender gap mitt romney is seizing on a public releases gaffe by

prominent democratic strategist to go on the offensive on this issue of women. here's what started it off. comments by hilary rosen, cnn commentator but very well plugged into democratic politics. >> what you have is mitt romney running around the country saying, well, you know, my wife tells me that what women really care about are economic issues. and when i listen to my wife, that's what i'm hearing. guess what in his wife has actually never worked a day in her life. she's never really dealt with the kind of economic issues that a majority of the women in this country are facing. >> the romney campaign leaped into action, sensing an opening to help rally the support of home makers everywhere, particularly those crucial independent swing voters. >> my career choice was to be a mother and i think all of us need to know that we need to respect choices that women make. other women make other choices, to have a career and raise family, which i think hilary rosen has done herself. i respect that.

i will tell you that mitt said to me more times than you would imagine, ann, your job is more important than mine. >> today hilary rosen responded. >> mitt romney brought his woif into this conversation. this is not about ann romney. this about a waitress in a diner someplace in nevada who has two kids whose day care funding is being cut off because of the romney/ryan budget. >> chris is an msnbc contributor and managing eder of postpolitics.com. chris, first to you. we saw the way the white house and the campaign in particular responded. david axelrod tweeting last night, saying also disappointed in hilary rosen's comments, about ann romney, inappropriate and offensive.

today today michelle obama getting into this. her tweet, have mother works hard and every mother deserves to be respected from michelle obama who, of course, is a stay-at-home mom. >> andrea -- >> chris, this is quite a scene. this comes in context of romney-m yesterday surrounding himself by women, obviously that 19-point gender gap would be fatal to any campaign if it persisted as going forward and they see this as a way of fighting back. >> i remember 24 hours ago sitting across from you and saying, he can't have i 19-point deficit among women and win this election. let's be clear at the tart. what hillen rosen said in april of an election year is not going to decide how women vote. it just -- we sometimes in political media particularly have a tendency to think everything's a mountain and there aren't a lot of molehills. i would say, though, that mitt

romney was struggling, as you point out, both in polling and on the trail to connect in some real way. he was on defense, literally the last month regarding this so-called war on women. what this does, and i do think it is meaningful in this way, it allows him to play a little offense, andrea. it allows him to say, look, this is -- or his wife to say, this is unfair. this is a career choice i've chosen. it allows them to get on the right side of an issue and constituency that he's really, really struggled with. i would say, hilary rosen says she didn't put ann romney's campaign. by mentioning ann romney saying she didn't work, she'd never had a real job in her life, it allows the romney campaign to now put ann romney forward much more. we already know she's quite popular and certainly her husband's best surrogate. i do think it matters. i don't think it's a game-changer in any meaningful way, however. >> michele, was this a life line

to the romney campaign on the subject of women? >> i think this whole thing is so silly. it's almost the kind of thing that makes me ashamed what we do for a living. this is someone who doesn't work for obama, has nothing to do with the obama campaign, who i think misspoke about stay-at-home mothers but had a point about if mitt romney has been going around the country saying, you know, ann reports to me on what women want, what women need, you know, he can't even pretend to listen to the majority of the electorate himself. he needs kind of to get intelligence from his wife. i think it's fair to point out his wife is not in a position to know the economic struggles that the majority of american women are facing. not because she's a stay-at-home mom but because she's an immensely privileged person. >> well, if you argued the economic issue, that would be one thing. was the mistake to say, you know, that she hasn't worked for a day in her life. >> sure, that was a mistake by hilary rosen but that has nothing to do with obama.

that was a mistake. to link this to obama, i understand that mitt romney is desperate so he feels like he has to do that, but it's so transparent, i just can't imagine it having any legs. >> now that the spouses are very much in this campaign, and are far more popular than their husbands, as stephen colbert pointed out on his show to michelle obama. >> i feel fairly confident the president is watching this broadcast right now. we have a photo of the president watching right now. >> you are popular. you are. do you have lourd over the president the fact this you're more popular than he is? do you ever say, watch it, i might not campaign for you. >> i might try that when i get home. >> she did make the point she

has endorsed her husband for re-election and it the most prominent surrogate. i mean, the fact is ann romney and her argument, the economic argument she was making on behalf of the campaign had not registered at least according to the polls but now chris as you point out, this elevates her in the debate because she's been under attack or perceived she's been under attack and they can make more of this than it already is. >> we'll see. i think michelle is right to be cautious about trying to draw -- and i think our natural kendcy in the media is to draw these overly broad conclusions about what it means. i think dismissing small things because they're small things, history at least modern presidential history has shown sometimes small things matter. i don't think john kerry lost because he ordered swiss cheese on his cheesesteak. i don't think he lost because the bush people found footage of him windsurfing but it didn't help. it created a perception he was out of touch and he didn't know what regular people wanted. these little things can add up

to big things if they're not addressed. i do think it's why the obama folks almost within minutes of hilary rosen saying what she did, distanced themselves and why the first lady came out with kind of an affirmative statement today because they understand that sometimes small things do equal big things. >> especially with the velocity -- with twitter and everything else. just moving so much more rapidly. just ask michael dukakis whether small things like getting in a tank with a helmet, whether they matter. your point. chris, michelle, thank you both very much. stay with us for breaking news. george zimmerman making his first appearance in court. you see the courtroom just minutes from now. still ahead, also, remembering the titanic. we will have oscar-winning director james cameron here. this is "andrea mitchell reports."

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ann romney is not the only prominent republican woman pushing back hard against the idea that republicans are turning back the clock when it comes to women. washington state congresswoman kathy mcmorris rogers is vice chair of the house republican conference, highest ranking woman in congress, republican woman in the house. thank you very much, congresswoman for joining us today. you've been tweeing up a torm. you've tweeted the toughest job you have is being a mom to two young kids. it's also the most rewarding job. ann romney is, of course, gone public today in defending herself. is this, though, a tempest in a teapot because hilary rosen does not work for the campaign, does not work for the white house? >> the fact of the matter is, hilary rose sn a prominent democrat strategist. she's visited the white house 35 times. she does work and her firm does work with the dnc. they lean upon her.

and her comments really, i think, play into what the democrats have been trying to create, manufacture this war on women. we've even that coming out of the white house. we've even it coming out of the dnc where they're trying to suggest that the women are waging a war -- the republicans are waging a war on women. and they've taken it too far. this is hilary rosen's comments that have taken it too far. the fact of the matter is, it's obama's policies that are failing, americans are failing american women. it's his policies that are concerning women right now, whether it's his economic policies, his health care policies or the tremendous debt that he is leaving to our children and grandchildren. >> but with the polling has shown, clearly, is that there is an 18 or 19-point in recent polls gender gap where women favor president obama over mitt romney. so, arguably women are geing a very different message as to his

policies, president obama's policies, and mitt romney's policies or at least the association that he's had with some of, perhaps, the social issues that are been raised during this primary campaign. >> first of all, it depends upon what polls you look at. and as women -- >> we're looking at gallup, "usa today," abc/washington post. that's the most recent polls. >> other polls hoe it's not as wide. in 2010 the republicans won the women's vote. it was the first time since ronald reagan republicans won the women's vote. democrats know they can't let that stand. they've been creating this distraction of inted of focusing on the real issues. when you look at 2010 and what drove the women's vote, i look at health care and the fact that american women don't support the president's health care plan. they didn't support it two years ago. they don't support it today. they make 85% of the health care decisions in this country. they don't like the idea of the

federal government interfering with their ability to make those important health care decisions for themselves, for their families. women are also starting businesses at a record rate in america. it's exciting to see women, entrepreneurs. it means they understand the federal tax burden, what regulations coming out of the government mean on their ability to be an entrepreneur, be successful, be successful, create jobs. so i think women are looking at all of these issues. let me ask if any any more fair to blame -- to blame mitt romney for what eric said about etch-a-sketch because he was an adviser, a taf member and here you have a case where, yes, she's a prominent democratic woman but she doesn't work for the campaign. she did not work for the white house. they immediately disavowed it. david axelrod and jim messina immediately tweeted out they disagreed, michelle obama

tweeted she disagrees, she's a sta stay-at-hole mom, is so won't this make it more difficult to stick when president obama's wife is a homemaker and has not worked outside of the home? >> right. well, this is really one comment by the democrats that has been a drum beat over the last few weeks, few months by prominent democrats, the dnc, the administration suggesting that there's a war on women being waged by the republicans. so, i -- i would add this comment to many that are been made as they're trying to write this narrative. the fact of the matter is that they've taken if too far. and that it's being exposed. will is no war on women. what's happening is there's a distraction that the democrats are trying to distract the american people from the real issues. the real issues are that president obama's policies are the ones failing americans. they're failing american women.

whether it's his economic policies, health care policies or the debt he's accumulated. >> thank you so much for joining us. kathy mcmorris rogers, a mother of two and the wife of retired navy commander and member of congress. thanks for joining us today. centennial anniversary of the titanic sinking is being remembered with auctions, exhibitions and even two cruises traveling to the spot where the ship went down. to millions around the world, the story was memorialized by the blockbuster film "titanic." director james cameron has released "titanic in 3d." just take a look. >> she was called the ship of dreams. and it was. it really was. >> all right. open your eyes. ♪

>> full ahead. put your backs into it. >> got everything i need right here with me. i figure life's a gift and i don't intend on wasting it. you never know what hand you're going to get dealt next. you learn to take life as it comes at you. >> when the ship docks, i'm getting off with you. >> joining us now "titanic" director james cameron. thanks for joining us. tell us about the re-release, how you made it possible to release this for 3d, what is special about it, especially for those that don't have 3d. >> well, thanks, andrea. where it's playing in theaters across america, they're all 3d digital venues. ma made it possible is technology that allows computer artists to go in and outline every figure, every object in the frame and give it depth and give it volume. it's a very painstaking process and toog k us 14 months to do i

up to a standard we all believed "titanic" deserved. >> what do you think is gained by doing this? the film was monumental. it was the kind of film we all remember when we first saw it, saw it the second time or more. >> right. >> what will be gained by putting this into 3d? >> i think very simply it's a new business model for how to bring films that are classic films or much beloved films back to the cinema. as a director, i want people to see my movies on the big screen. i'm happy their familiar with the film from dvd and video but there's a whole generation that has never seen "titanic" on the big screen. it's a rare opportunity for a directory get to have a movie coming back into theaters 15 years later. that's the thing most exciting to me. you know, i mean, the 3d does make it a richer, more heightened kind of viewing experience. that's cool, too. but really for me, it's just about getting, you know, getting people back into theaters.

>> now, i want to ask you about your own adventures with national geographic. first, your deep sea dive, which i guess was in march. you made this historic solo dive. you went into the mariana trench and brought back these amazing images. you've done it again. let me ask you about the first dive. what motivated you and in going back to your second deep dive, what about the experience, what can you tell us about it? >> well, it's actually the culmination of a seven-year project. we designed a recollect to go to the deepest spot in the world's ocean seven years ago. i was working on it while i was making "avatar," working on this recollect. it's just come to fruition in the last couple months. i've actually made nine dives they went progressively deeper. finally to almost 11,000 meters, which is the deepest place on

the planet in the challenger deep. of course, it's a tremendously satisfying that our little tiny engineering team was able to create a submersible that can dive deeper than any of the subs by any of the government or military programs anywhere in the world. what we wanted to point out is that this -- these technological tools exist, they're within our capability and we need to open up this kind of last frontier for exploration right here on planet earth. >> what did you see down there? >> well,s as i went progressively deeper, you know, i was finding literally new animals that hadn't been seen before and imaging them in 3d. as i got to the deepest place, it was more much desolate and barren, as you might expect because the conditions are harsh, the pressure intense. i saw little animals flying around the sub.

so, life finds a way to adapt, even to the most severe environment on the whole planet. >> what about the feeling, your physical sensations, do you feel the pressure and and the release of pressure once you've come back to the surface? i don't know how -- quite how you pressurize that cabin. >> you can't pressurize it. the human body would be crushed at, you know, 1,000 feet of depth let alone 36,000 feet. so, you know, what we are is a thick-walled steel sphere that withstants dst withstands the pressure. i'm feeling same pressure as i'm feeling right now. however, it's almost as cold as ice water at that depth and so that sphere cools down and so you've got the thermal issues. it's very hot when you start the dive because we're diving in the tropics and because of all the heat being dumped into the sphere by the electronics. and then by a couple of hours into the dive, you're literally freezesing and so you're layering up and putting on electrically heat clothing and that sort of thing. >> aren't you afraid? i mean, it just -- for someone

who is afraid of, you know, going under water, i'm not a diver, i'm afraid of pressure, but i'm just stunned by this and the fact you would take these risks. there is a lot of rick in this. >> i think risk is relative. you know, part of it being a seven-year project is that we had to develop the technology. we had to prove it. everything was pressure-tested ahead of time. but, you know, there certainly is that moment you're closing the hatch and thinking, there's a lot of things that can go wrong here. to me the risk is relative to the reward. i don't believe in jumping out of a perfectly good airplane with a parachute. i don't believe in rock climbing or various other forms of risk for risk's sake. but i do believe exploration is worth the risk if it's carefully calculated and the risk is managed by good engineering and good test procedures. >> you must feel a connection to this 100th anniversary. have you talked to any of the families of the survivors? they've been in southampton,

done these memorial cruises, the auctions of some of the remnants or the artifacts from the debris field. >> i haven't spoken to any family members recently. certainly, i'm aware of the auctioning of the artifacts, which i'm not greatly in favor of because i think there's value in raising those artifacts from the bottom of the ocean but the value is in giving the public access to them so that they can feel a sense of personal connection to the history and to the tragedy. so, i'm hoping that those artifacts remain available for public viewing. >> james cameron, it's an iconic story you brought to all of us and that really still grips us. thank you very much. thanks for sharing your explorations with us as well today. >> thanks, andrea. appreciate it. and we have now breaking news out of florida. minutes from now, george zimmerman is going to be appearing in court for the first time according to his lawyer he'll be asking the judge to be released on bail.

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breaking right now on "andrea mitchell reports" we're watching seminole county court where george zimmerman is expected so make his first court appearance at any moment. zimmerman was charged with second-degree murder last night in the death of trayvon martin. joining me now, our panel, nbc's ron allen live in sanford, florida, joanne reed, msnbc contributor and pete williams, nbc's justice correspondent here in washington. pete first to you. let's talk about the documents, florida law, and what to expect at this first appearance. >> that's what it's called, under florida law it's called a first appearance. he'll come in, be formally advised of the charges. he's not required to say anything. he doesn't enter a plea but his lawyer can ask for bail. in fact, we expect his lawyer to do so. then the judge will consider whether to grant him bail based on a number of factors.

his ties to the community, whether he's likely to flee, whether his release into the community would be dangerous and all those factors will be taken into account. he's not automatically entitled to it. it's the judge's discretion. >> joanne, if he is released on bail and that's, of course, up to the judge, as pete points out, what will be the reaction, do you think, from the community, from trayvon martin's parents? they've said all they wanted was an arrest. what if he is out on bail? >> absolutely. i think that a release at this point would produce a fair amount of anxiety. the african-american community in particular. people i spoke with last night at a church service, it was an hour after the announcement he would actually be charged, were very relieved to know that he was going to be arrested. and i think for them, that means that he remains in custody, a trial proceeds. i don't think anyone has factored in the possibility of him being released back into the community. >> ron allen, you've been covering this from the beginning as, of course, has joanne. there's been a great sense of

relief by the family and their supporters. as they face this court hearing, though, this is, as our friends, you know, peopte williams and savannah guthrie have pointed out, this is a tough case for the prosecutor. >> a lot of people are saying that. a lot of people are wondering if the charge should have been mans and not second-degree murder. based on what the martin family has been maintaining throughout this, their narrative of events is perhaps why the prosecutor went for this second-degree murder, saying there was some intent. they argue that george zimmerman got out of his car that night with a gun and stalked the martin family's words, trayvon martin, stalked him in the apartment complex and that's why they think they can prove intent. a lot of people are saying, it could be a difficult case to prove. we have the stand your ground issue, whether, in fact, zimmerman acted in self-defense, which we expect to be part of his defense. remember, the sanford police

didn't charge him because of that. one state prosecutor wouldn't charge him because of that. and a lot of legal analysts i've talked to over the past few days were, frankly, predicting the state attorney would not charge zimmerman because of that provision in the law. basically, it's a very low threshold as legal procedures go to prove that you are acting in self-defense. but i think here such a demand for a public accounting, a public trial, a public airing of evidence, that may are been a factor, although not a stated factor in why this is going forward in the court system. >> of course, angela corey, the prosecutor, pete, was asked that yesterday and said that she was responsibilitying to the evidence she had done this investigation in three weeks as quickly as possible. and that they were not responding to public pressure. >> right. of course, there will be time for the defense to make that claim. here's how it works in florida. they actually file a motion to dismiss the charges based on the stand your ground law. they, in essence, claim immunity. they can do that any time between now and before the trial. they can file that motion at any

point. it's not really something they would probably do today. it's going to take some time to look at the evidence. his lawyer just had his first meeting with his client last night. so it's going to take a while to build that case. that is the next real step here, which is for the defense to actually ask for the charges to be dismissed based on that statute. >> as we see in the courtroom, in that jailhouse, the sheriff's deputies are there. we're waiting on this hearing. but earlier today, trayvon's parents were on the "today" show, this was his father, of course, tracy martin. >> an ford police department did a thorough investigation from the beginning, george zimmerman would have been locked up from day one and wouldn't are been such a huge public outcry for the arrest. >> and, of course, trayvon's mother also sybrina fulton was also on "today" and talking about what this has meant to her.

>> i believe that it just got out of control and he couldn't turn the clock back. i would ask him, did he know that that was a minor, that that was a teenager and that he did not have a weapon? i would ask him that i understand his family is huring but think about our family that lost our teenage son. i mean, it's just very difficult to live with day in and day out. i'm sure his parents can pick up the phone and call him, but we can't pick up the phone and call trayvon anymore. >> joanne reed, she said it more eloquently than anyone could, what would she say to george zimmerman? and the answer is, she can't talk to her son any longer. >> yeah, absolutely. and, andrea, i think among many x-factors that took this from another case of a young person killed or somebody killed, to

being an international issue, was that compelling picture of a mom and dad talking about, as they've called him their baby, and i think sybrina fulton has become a very compelling figure, even to angela corey at the end of her remarks announcing the charges yesterday said that at first she met with this family and she prayed with them. she said to this family, whether or not i bring charges, what can we do to make your son's death have meaning? i think that sybrina fulton and tracy martin had an impact on angela corey personally and i think they've been one reason they've been so compelling. this is very religious. they've couched everything in their face and they have felt public pressure and also god was a factor in their son getting a measure of justice in this case. >> joanne, as you and ron are standing outside the courtroom, we're also watching on this live feed and here the procedure is about to begin. you can see george zimmerman coming into the courtroom. >> andrea, i might say, this is a bit of a surprise since he

could have been -- he could have appeared by closed-circuit tv from a jail cell. >> he's standing with his attorney, mark o'mara. we've seen angela corey, the special prosecutor, waiting for the judge to impanel. let's listen in. >> there he is. i see him now. sorry. i didn't recognizes him next to you there. all right. mr. zimmerman you're appearing for first appearance of charge in the murder of second doug and you're represented by mr mr. o'mara, is that true? remember your right to remain silent. all the other rights he's told you about, have you to say nothing and we'll go forward here on some procedural matters only at this time. after reviewing the short affidavit for probable cause. now seeing there's an information that was filed as of last -- yesterday at 4 p.m., all other matters at this point will

be handled by the circuit court under the felony case number, that includes the further -- any further motions, bond hearings, anything like that now will go forward. all i can do is tell you at this time is that you will be set for formal arraignment with judge rex idler on or before -- not before, but on may 29th, is 1:30, courtroom 1-a. mr. o'mara will be in for that. no need for further counsel. he's well represented at this stage. that date will hold. that is the right date, right, madame clerk? let's get that straight. yep. may 29th, 1:30 is his next official court date at this time. all other matters, therefore, will be taken up with the circuit court at the courthouse. mr. o'mara, agree? >> agree, your honor. >> very good. state, anything else? >> no, sir, thank you very much.

>> upon that finding this hearing is concluded. thank you. y'all take your time and i know you've got to make arrangements for everybody. then we'll get the rest of the group in there and i will take a short break, okay? >> and as you see, the hearing has concluded. the formal arraignment has been set for may 29th at 1:30. still with us, of course, ron allen and joy-ann reid in florida. there doesn't seem to be an application for bail or are they now going back to is it? >> i think we're waiting to see if, in fact, the defense lawyer tries to make that request now. it did seem to me like the judge was saying, i'm done now. anything else you want to bring up, you go to the circuit court. at the arraignment, of course, which they've scheduled for over a month from now, that would be where zimmerman would enter a plea. as you can see today, he wasn't required to say anything and the judge more or less told him not to. >> standby just one moment because it seems as though, if

we can still hear it, that mark o'mara is approaching the court again. >> there is a certain amount of information in the court file necessary because of the filing of the information and also because of some of the probable cause information. and that includes personal information about some witnesses, some witness statements, some addresses, telephone numbers. even i believe, although i vant reviewed court file, maybe some information specific to trayvon martin, a juvenile, and the concern is with the focus this case has gotten to date, that there are going to be and already have been requests to get that information. so, i am seeking on my client's behalf and just in the interest of justice on a temporary basis that we do a complete sealing of that record, that no one have access to it except for the court, the appropriate court, and court personnel and, of course, the attorneys involved. i'm very concerned that -- >> let's take one step at a

time. >> sorry. >> the probable cause affidavit, the two-plus plus jurat that came over on the fax, i am of the mindset to make that public other than what the court has already read and seen. anything else so far, what you've mentioned, has not been filed yet to the clerk's knowledge. >> that's correct. >> so, if you -- if you want to do it from now on, and the state agrees, is that -- >> we're in agreement with that from now on, that's fine, your honor. >> because my -- >> the stipulation, i don't have to order it. the two of you have agreed and we'll put that in the minutes today. from here on out, now it has to be with judge -- a hearing with judge rex idler. >> my concern is there's information flowing to the court file right now so that it may get there within moments. two, i would truly ask rather than just sitting on the stipulation that you enter an order on our stipulation, it would carry the weight of a court or because it may be attacked. >> mr. o'mara, our minutes has

ordered language on it, does it not. so it would have the weight of an order. >> thanks for the time. >> now, anything i've done here, remember, is always reviewable and can be changed by the trial judge who now assigned as of this moment in this case, okay? >> thanks again for the time. >> thank you, your honor. >> thank you. >> thank you, state. good to meet everyone. >> as they leave the court, george zimmerman has already left. of course, they were just discussing, pete williams, whether or not witness lists and other information can be sealed from the public. the probable cause document is already a matter of record and has already been filed today. >> right. it amounts to the charging document, the very formalistic listing of the charge and what the lawyer is saying is that from now on he wants things sealed but as the judge indicated here, this is all going to go to the trial judge, including, i think it's quite clear now, the request for bail and anything else now they'll have to go to a different judge. that's the way these things typically work. you bring to the lowest level

judge in the system a magistrate this first appearance, which is a very formal thing. want to make sure you've got the right guy, give him the charges and then off to the races. >> and make sure he has counsel and satisfied with his counsel. this would have been the moment if he were not satisfied and given what happened in the last 48 hours with his previous lawyers, that was a matter you'd want to put on record. >> or if he didn't have a lawyer, one would be provided for him, a public defender. >> ron allen and joy-ann reid. ron, the next step is up to the trial judge so this moves on, but we're still expecting that there will be an application for bail -- for bond, and that that will be proceeding over the next days and weeks. >> indeed, andrea. one mortem on the records, there's an expectation now that this process has happened, a lot of public records like the initial police report, that the sanford police did, the police department from zimmerman's arrest yesterday, the charging document and perhaps a narrative that explains what the

prosecutor saw on this case that led her to charge as she did. there was an expectation that some of those documents might be flowing out of the courthouse this afternoon. that's why the attorney, another reason he was trying to stop that. as you know, this case has been hotly debated in the public. that's one thing he wants to try and tamp down. he's trying to lower the emotions surrounding this case. he said that he hoped now that zimmerman is in custody that some of that would happen. the other thing about this session, that was the first time we really got a real good clear look at george zimmerman. this man who has captivated the nation for so long. of course, everyone will be looking to see if they can determine what his injuries might be. remember, he claimed he had a broken nose, gashes on the back of his head, which were part of his self-defense claim. ayman can't determine those things but something everyone will be looking at closely. >> and the incident that happened some 45 days ago. thanks to you, ron allen and joy-ann reid.

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hi, coming up in 15 minutes on "news fashion" we continue to follow the breaking news out of florida. george zimmerman made his first court appearance on second-degree murder charges. we're awaiting a news conference from his attorney. we'll have the latest for you where we're joined also by kendall kofi, also war on women or should we call it the mommy wars. ann romney is fighting back hard against remarks a democratic strategist made about her not being able to relate to women because she has been an at-home mom. the white house just commented on this back and forth controversy and the first lady, michelle obama, has gone on twitter making her thoughts known. and what political story will be making headlines in the next 24 hours? i'll bet we'll talk about gender next. [ dad ] i'm usually checking up on my kids,

but last year my daughter was checking up on me. i wasn't eating well. she's a dietitian, and she suggests that i try boost complete nutritional drink to help get the nutrition i was missing. now i drink it every day and i love the great taste. [ female announcer ] boost has 26 essential vitamins and minerals, including calcium and vitamin d to help keep bones strong and 10 grams of protein to help maintain muscle. and our great taste is guaranteed or your money back. learn more at boost.com. [ dad ] i choose great taste. i choose boost. we go back to seminole, florida, bernie del rio, assistant state attorney is speaking at the microphones. >> it's our obligation in the law to only file charges we can prove. second-degree murder we felt was the appropriate charge and that's why we thought it was filed. i'm not going to get into facts.

>> the sanford police department said there was never enough evidence for an arrest and yet now we have the prosecutor's office saying there's enough evidence for a second-degree murder charge. there's enough evidence for a second-degree murder charge. quite the discrepancy. how do you explain that? >> i will tell you that we live in the greatest country in the world and we have a process, the rule of law, and we have jury trials for a purpose. we look forward to presenting the evidence at that time. >> [ inaudible ]. >> i haven't talked to her recently. >> what was in this affidavit that made this judge pass it on? >> under the law, we filed an information yesterday. this affidavit was called probable cause. the judge made a determination, an independent finding that there was probable cause to proceed as to second-degree murder.

so the information that is in that affidavit which you can look at, you will figure out what we've alleged and all the evidence we have and some of the evidence to establish probable cause. >> when you have a mother come out and say it was an accident, certainly -- >> with all due respect, i haven't talked to miss fulton so i am not implying that you are not telling us what she said. i'm not going to get in here and discuss something that i haven't discussed with her or my boss hasn't discussed. >> the judge is following the law. very basic. >> what's next? where do we go from here? >> we go to see a judge may 29th i think is the next court date and we'll start from there. defense counsel will represent his client to the best of his ability and we'll represent the state of florida. it happens every day in the united states. this is not unique. >> last question. >> we've charged what we thought was appropriate and that's what we'll rely. on again, we look forward to

presenting this case in a courtroom of law. that's what we're all here. we appreciate that you're doing your job but let us do our job. let the defense do their jobs. >> would you oppose the bondo over. >> when the defense makes the appropriate bond motion, we'll address it at that time. we will make all arguments in the courtroom and that's where it should be. thank you very much. >> bernie dela rionda explaining this is an every day procedure. and here is mark o'marra speaking right now. >> we'll tend to a bond motion between now and then and tell you when it is set. >> what do you make of sybrina's comments. she clarified saying it was the encounter that was the accident. >> i look forward to having a conversation with her to see what her feelings are on it.

obviously it was a horrible intersection of two young men's lives and it ended in tragedy. we have to figure out how it happened, why it happened and who might be responsible for it. >> will you be using those words against her in the future? >> they went thank you horrible tragedy. they lost their son. we won't be talking about using words against the mother of a deceased child. we're not doing that. >> do you think that the -- is that a set back for you? >> no. we had made a decision before today. a couple hours ago that i was not going to even seek to have the judge attend to that issue. it just didn't make sense with where the case is now work my client's status. and quite honestly, with the attempt to truly calm this case down rather than demand a presentation of evidence which might only increase the fervor around the case. i'm sorry?

yes, i did. >> [ inaudible ]. >> he's tired. it's been a very long period of time for him. and he's gone through some tribulations of his own being the focus of the intensity of this event. he is facing second-degree murder charges now. he is frightened. that would frighten any one of us. i am not concerned as some others may have been before me of his focus. he wants, he's glad the process is in place. he really does hope as the prosecutor said, that we're given the opportunity by the media, by the community, to handle this case the way it's supposed to be handled. full discovery. conversations, negotiations, trial if need be, motions if they're appropriate, and let the system work.

it really truly, it works. now that we have focus on it, it will work even better. i'm sure you'll tell us. my concern, i'm sorry? >> is he apologetic at all? >> what i would like to do in that regard, if that conversation is to be had, it should be had directly to the family rather than here. >> why did you ask -- >> my concern before i was involved in the case was that this matter was being handled in a piecemeal fashion. whether it was police, law enforcement, defense, other witnesses, people just wanted to be involved in the case. people who saw things. what happened is i liken it to a picture that you have as a puzzle piece. you throw out three or four pieces and you cannot get a picture of it. the frustration that happens, you see it one way, you see it another way. something missing and somebody

is not answering the next question. it is really supposed to happen in the courtroom. if it happens in the courtroom and if we really look at it and say we're going to do it properly, then we don't need to let it out piecemeal. you're going to misinterpret it. i have to respond to it. they have to respond to it. the job is better done the way we know how to do it. >> what do you say about the change of venue? >> a very small percentage go to trial. we're not taking any possibilities off the table. how this case gets resolved. i haven't seen the first sheet of evidence yet. >> self-defense cases which is what you're speaking of. a number of them. it shows up in a lot of personal crimes. whether there's battery, aggravated battery, murder. i have not had one to a jury since the stand your ground statute but i've had a couple

that have utilized that as an impact. madam prosecutor knows the case. she knows how to do it. she looked at the evidence in a certain way. i'm be going to make believe i know a different way. when i see it, we'll talk more about it maybe. probably so in a courtroom. i'm not taking attorneys fees right now. i think that he is indigent for cost. he doesn't have any money. and there is a process in place that allows the state, actually, to assist in paying cost. not attorneys fees. the seminole county sheriff properly so have him in protective custody. it is a standard security measure that they put in

i talked about doing it. i talked to my clinl. what would happen if we did the bond motion and decided not to. >> any safety concerns and asked to remain in jail until his arraignment? >> has he? i wouldn't discuss what he and i have talk about any way. i hope to have him released on bond and by that time, i hope to have a place for him to be safe. >> when would that be? we don't have it set yet.

bond will be set probably the next couple weeks. i'm about to go meet a judge who has this case. if i don't, it will be my first contempt by this judge. i'm not going to take that chance. >> how much -- >> i haven't been on either one. i don't know if it is one or two. i don't know yet. >> how do you feel about the other attorneys? >> the prosecution? >> the other attorneys that dropped him. >> i don't know fully why or if or how that happened. >> is he bondable? >> it is possible he will get bond. yes, one of the elements that is considered for bond.