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tv   Caught on Camera  MSNBC  February 15, 2014 4:00pm-5:01pm PST

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michael david dunn, verdict as to count two, we, the jury, find the defendant guilty of second-degree murder, lesser included offense. we find that the defendant discharged a firearm during the commission of the offense. verdict as to count three. we the jury find the defendant guilty of attempted second-degree murder, a lesser included offense. we find that the defendant discharged a firearm occurring the commission of the offense. verdict as to count four. we, the jury, find the defendant guilty of attempted second-degree murder. we find that the defendant discharged a firearm during the commission of the offense. verdict as to count five, we the jury find the defendant guilty of shooting or throwing deadly missiles as charged in the indictment, so say we all, duvall county, florida, juror number 7, foreperson, dated february 15th, 2014.
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>> does anybody need the jury polled? >> yes, your honor. >> juror number one, are these your true and correct verdicts? >> yes. >> number two? >> yes. >> number three? >> yes. >> number four? >> yes. >> number five? >> yes. >> number six? >> yes. >> number seven? >> yes. >> number eight? >> yes. >> number nine? >> yes. >> number ten? >> yes. >> number 11? >> yes. >> number 12? >> yes? >> thank you. >> all right, ladies and gentlemen of the jury, i've said it several times, but i need to say it again. i want to thank you for your hard work, your time, your attention and your dedication throughout these last, almost two weeks. there will never be words that i could ever express to you to tell you how grateful i am, and
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that we all are, for your service, your consideration and dedication to this process. it's been a long 13 days, i believe now, and when you came on monday, you recognized that obviously you were here for jury service, and you had a civic duty to perform. and you have embraced that. and i truly appreciate it. i've watched you throughout these last two weeks. and i know how hard it has been for you, and how difficult it has been for you. but you have performed your duties with the absolute utmost of professionalism. you are why this justice system is the greatest in the world. so from all of us, let me again extend my gratitude and thanks. before i release you, i do want to advise you of some distinct privileges you have as jurors. and i alluded to this, i
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believe, back monday or tuesday of last week. and this is the last jury instruction that i will read to you. no juror can ever be required to talk about the decisions that occurred in the jury room, except by court order. for many centuries our society has relied on juries for consideration of difficult cases. we have recognized for hundreds of years that a jury's deliberations, discussions and votes should remain their private affair as long as they wish it. therefore, the law gives you a unique privilege not to speak about the jury's work. although you are at liberty to speak with anyone about your deliberations, you are also at liberty to refuse to speak to anyone. a request to discuss either your verdict or your deliberations may come from those who are simply curious, from those who might seek to find fault with you, from the media, from the attorneys, or elsewhere. it will be up to you to decide whether or not to preserve your privacy as a juror.
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you should know that your decision whether to talk about your experience is entirely yours. it's an individual decision. you do not have to vote on this as a group. please remember, though, that my order regarding the confidentiality, your confidentiality, your identity remains in effect. that order will remain in effect until further order of the court. i want you to keep that in mind. if you were to decide that you wanted to speak to someone about this case, whether it was family, friends, or media, i would ask you to please not identify any of your fellow jurors. because of the publicity that has surrounded this case, i have also been asked to advise you that if you wish to speak to the media today, we can arrange for a court administrator to escort you to the adjacent courtroom, which is courtroom 407, for you to be interviewed if that were
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your desire. basically, we will take you through a back hallway and into this adjacent courtroom, where you could be interviewed, either on camera, or off camera. you could be interviewed either with your voice recorded, or not. that would be your choice if you decide to do that. you don't have to. you can just decide that you want to collect your belongings and we will transport you back to the hotel to collect the remainder of your belongings, and allow you to then go home. keep in mind that if you decide to speak to the media, either tonight or at any time, then the confidentiality of your identity obviously would not any longer be in effect. so i tell you that, and then you can tell the bailiff when you are excused from the courtroom as to your decision regarding an interview today. and if that's your choice, fine,
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we'll arrange for it. if not, then we'll have transportation for you back to the hotel. again, ladies and gentlemen, let me thank you for your willingness to be a part of our justice system, and for your dedicated service in this case. at this time you are released. and i wish you a safe trip home. and godspeed. >> that was judge russell healy, instructing the jury on their rights going here forward. the courtroom remained very quiet as was asked for. the judge asking all to respect the jury's decision. let's bring in al sharpton. thank you for being here, reverend al. what is your reaction to this? >> i think it's a disappointing verdict. >> you know what, reverend al, i'm sorry, we have to listen to the judge once more. >> you are remanded to the custody of the sheriff as you already have been, pending
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sentencing in the case. i assume he's entitled to a presentence investigation report. >> yes, your honor. >> we will order a presentence investigation report. for those of you that do not know, that takes generally about a month to prepare. my intention is to set this case for sentencing, and additional consideration on march the 24th, unless somebody tells me they've got an objection. it would be set on that monday to pick a day later in the week for actual sentencing. other than that, i'm not sure what else there is to do this evening. >> judge, counts two, three, four and five? >> i hope i said that. it is counts two, three, four and five, yes, ma'am. so the sentencing would be during the course of that week.
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>> yes, sir. >> and then i would assume at that point in time, or shortly thereafter, we'll have some indication from the state as to how you want to proceed with regard to count one. >> yes, your honor. >> okay. anything else from the state? >> at this moment? >> yes, ma'am. while they're doing that, mr. stroller, anything else you can think of? >> judge, the march 24th, can that be tentative until i look at my calendar? >> sure. that's -- i understand that you may have other obligations, having been here for two weeks. so that's when i'd like to do it. if that presents a distinct difficulty or problem for you, just let me know. hopefully next week, so we can then change the date to
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something that -- >> this is judge russell healy, setting march 24th as the date to begin the sentencing process for michael dunn, who has just been found guilty, on four charges, of second-degree attempted murder and firing a weapon into a loaded car. let's bring in reverend al sharpton, msnbc host, of course. give us your reaction to this. >> i think it's a disappointing verdict, because even though he was convicted on four charges, it clearly does not deal with the fact that a life was lost. he was convicted of second-degree attempted murder. but he actually killed someone. and i think that this is why that we must deal with this "stand your ground" law. florida must be ground zero to turn this law around. because even though unlike the zimmerman case, he will likely go to jail.
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and he has been convicted of something. he still has been acquitted of murder, or manslaughter, not acquitted as a hung jury, of murder or manslaughter. there has been no way that we see, with the sta"stand your ground" law in the books that you deal with the value of a young black male's life. i think this sends a chilling effect to anybody, particularly people of color, but anybody in those 23 states that have this law. >> you know, we're looking at a picture of jordan davis right now. a fresh young face. he would be 19 years old tomorrow. if you were able to speak with his family today, what would you say? >> i would say to them that they must continue as trayvon martin's family has and others to address the law that put them in this kind of position. i talked a few minutes ago to bishop rooney down in jacksonville, who's in the
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courtroom, who's on our national -- actually national board, and he's with the family. they said they're determined to fight on and demand to be full justice. but this verdict does not address the life of jordan davis. it addresses shooting in the car. it addresses the attempted murder. but what about the life that was lost. this verdict does not address the value of that life. >> what do you see being next in that regard? as far as the mistrial? he was saying as far as march 24th, sentencing begins, but also that date to decide where to go forward on the murder one charge. how do you see that going? >> well, i think that there's a couple of questions. they'll retry it which is expected. but you have to deal with the effectiveness of the prosecutor. here's the second trial this prosecutor failed to deal with the value of the life of two
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unarmed young men. and i think that there's a lot of things that can be done. lisa bloom talked about it on our show. that could have been done by the prosecutor that this verdict raises real questions about the ineptness of that office. >> there's so many strange deals to this very emotional case. for instance, he was -- michael dunn was claiming he was acting in self-defense saying jordan davis brandished a weapon. no weapon was ever found, though. >> no weapon was ever found. but on top of that, if you believe that he was guilty of attempted murder, then it would seem like you didn't believe that there was a gun being used. because how could he have engaged in attempted murder if he was engaging in self-defense. if he was not engaging in self-defense, why wasn't he guilty of murder or manslaughter. you can't have it both ways. >> let's bring in lisa bloom on that. lisa, did you hear what the
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reverend al had to say? >> yes, i did. >> what do you have to say about that as well? given the fact he was found guilty on attempted murder charges, but not murder. is that curious to you? >> well, i agree with reverend al, that we haven't addressed the central issue in this case, which is the killing of jordan davis, the unarmed 17-year-old kid. that's what this case is really about. now, look, michael dunn fired at a car that was driving away from him. there's no question about that. we have on the videotape surveillance a long pause before he fired the final three shots. and you have on the back of the car those three shots. there's no question he did that. so the attempted murder charge, if i think we're very clear from the beginning, i don't think the jury could have found anything else. but the central issue in the case, the killing of jordan davis, is not resolved. now, it is a mistrial, it's a hung jury. the prosecutors can and should refile this case, retry the case. of course, it should be different prosecutors. if you take two prosecutors,
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angela corey and john guy, who now lost the zimmerman case, were unable to bring the top charge in this case to a verdict for the state, it's time to get them off and to get a couple of prosecutors on the case who are going to go for blood, who are going to bring in, for example, the racist letters that this man wrote behind bars, calling african-americans thugs, gangsters, saying the more i get to know them, the more prejudice i am, et cetera. that letter should be brought in. this jury should not have had the limited view of michael dunn that he was gentle and peaceful, unrebutted by the state. something has to change. i think the prosecutors are what have to change for the retrial. >> reverend al, what do you think about that? do you think the problem is with the prosecutors in this case or the law in general or both? >> i think it's both. as i said earlier. i think you definitely have to have florida the ground zero in the "stand your ground" law.
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in the civil rights community, on actually what we're going to deal with that. but i also think you've got to question this prosecutor. and whether or not you want to see them handle a retrying of this case. you cannot lose two cases where you have two unarmed young men who are dead, and neither time you can get a conviction. there clearly is a problem, either with the competence or their intention. >> reverend al, how do you -- what do you plan yourself going forward in this case? i understand that there is a vigil planned for jordan davis tomorrow. but do you plan on being involved yourself as this case goes forward and as far as the "stand your ground" law? >> we're definitely going to continue the national network to be involved in "stand your ground." as i said, bishop rudy of our national board is there, and we'll be guided by his advice, and the family's advice.
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but as a policy matter, we are definitely on the ground with bishop curry. and i will be involved with them and dealing with this "stand your ground" law. it is an unjust law. it seems to enable people to do what happened tonight. and that is shoot first and ask questions later. and a jury is either bound by that, or is confused by that. either way, that law cannot remain on the books. >> reverend al sharpton, thank you very much. let's bring in goldy taylor. goldy, you've been listening. what is your reaction to this verdict today? >> you know, i think that having a mistrial declared at least on that first count is probably the best outcome that we could have expected from this jury. you don't know what happened inside that jury deliberation room. but you can judge some things based on the questions they asked. from my perspective, i think they separated this incident into two separate events. an event where he fired into the side of the car and maybe some of them believe that was in
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self-defense and others did not. the separate event where he fired into a car that was pulling away. clearly that was attempted murder. and firing into a vehicle with a gun. so they were clear about the second incident. but there were some jurors who weren't so clear about the first incident. i believe it was abundantly clear, this myth cal gun -- this mythical shotgun they say existed, nobody placed a gun in the hands of those boys that evening. no one said there was a gun other than michael dunn. so i think that to rely on his word, did espidespite the inconsistencies, the fact that he left the scene, ordered pizza that night, never called the police. it is the duty to call the police. if i fire my gun, it is my duty to call the police. i think this jury not being able to come to a decision, that the best possible outcome is to have another trial, with new
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prosecutors, and a new jury, and i think that lisa bloom is right. the new prosecutors have got to bring in all of the evidence. we've got to see the other mr. dunn, the mr. dunn that charlie hendricks' eight-year neighbor said existed. the man who threatened other people's lives. the man who may or may not have had other issues with alcohol. the man who said that this country was being taken over by minorities. we ought to see mike at dunn, the one he described in his own jail house letters. >> kerry sanders is outside the courthouse right now. bring us up to date. i just saw a whole group of people walk off, looked like they were carrying a very large sign. what can you tell us about what's happening out there? >> there is a fair amount of reaction out here. they anticipated there would be some sort of answer on that number one charge, which is the first-degree murder charge. the mistrial has disappointed a fair number of people here. but sort of muting that is the
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jury did come back with three counts of guilty on attempted murder. which suggests to many who were out here, that had the prosecutor brought a charge of second-degree murder, rather than first-degree murder, that they may have reached a conclusion. the general consensus out here, as you hear the people chanting behind me, is that the jury was deadlocked not on the decision of whether it was guilty or not guilty, but whether the severity of the charge should have been first-degree, second-degree or manslaughter. many of the people here are concluding based on the fact that there were guilty on attempted murder, that it was probably a choice between first-degree and second-degree. and that's what was holding folks up. of course, the question is, first-degree needs to be premeditated. i guess the question for the jurors may have been when he pulled the weapon, did he have time to actually think about it, or whether he was just shooting. when the jury's verdict was read in the courtroom, nbc producer allen cohen was inside.
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he was looking around at areas that the camera wasn't. and he said that the davis family was tearful. that they were holding hands. that they hugged each other. and he believes, as you look at this podium right now, he's sending me a note telling me that we believe the davis family is going to come to the podium shortly, and make a statement. at the same time, it is not uncommon to see that the prosecutor, and the defense attorney, will also come up at different times and make comments here. so we expect to hear from angela corey and john guy, the prosecutors. i think one of the questions will be that maybe they fear they overcharged in this case. and of course, angela corey was accused of overcharging in the george zimmerman case, which is a case that followed along the same lines and raised a lot of questions about florida's "stand your ground" defense and law that exists in this state. so we're going to wait and see what sort of reactions are.
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i can see some people getting in front of the cameras, checking out the technical side of this. we expect to hear from them shortly. we have to remember that guilty on those three charges carries a sentence of 20 years, in attempted murder, if the judge decides to do them as consecutive sentences. that would be 60 years, plus the final charge which was found guilty on, firing a missile into a car. in this case firing the bullets, the ten shots, nine of which hit the car. he would be sentenced for 15 years. so if the goal was to punish him by putting him behind bars for what could potentially be the rest of his life, the judge may, if he does them consecutive, he could do that. michael dunn is 47 years old. >> let's bring in lisa bloom to talk a little bit more about that. as kerry was just referring to, sentencing is about a month off from now. how do you see the charges going, the sentencing, rather? >> well, first of all, let's not lose sight of the fact that michael dunn is probably going
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to spend the rest of his life in prison. he's 47 years old. as i add it up, he's going to serve probably 20 years each, on each of the attempted murder charges. that's because he used a firearm. when you use a firearm in florida, they have a 10, 20, life law, which says when you fire a firearm in the commission of a crime, it's a 20-year minimum sentence. he got convicted of three counts of attempted murder. that's 60 years. when you add in 15 years for shooting at the car, we're talking 75 years as i count it op the charges he's been convicted of, a 47-year-old man serving 75 years, we're talking about life in prison. i hope the state of florida doesn't see that as an excuse not to retry him on the top charge. of course, there could always be an overturn on appeal. he could get out on a habeas corpus petition. anything could happen. i think the top charge is so vitally important. i hope they still continue to pursue this on the top charge.
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even if he gets a very long sentence. this is a tough judge. i don't expect him to get any breaks in sentencing. >> what do you think of the argument that some are making, lisa, that the prosecutor overcharged? >> i agree. i think the prosecutor overcharged and underprosecuted this case. it's not a first-degree murder case. yes, technically, premeditation can be formed in an instant. most people don't think of it that way. this was a fight that erupted at a parking lot, in front of a convenience store, at a gas station, very qukly. it doesn't seem like a premeditated case. this jury clearly got hung up on the premeditation. they struggled with that. if you have a difficult case, don't make it more difficult by giving your prosecutors a higher standard of proof. this should have been a second-degree murder case, with the lesser included offense of manslaughter. i think that would have helped. >> let's go back to nbc contributor goldy taylor. what do you think about what lisa was just saying? >> i have to agree with lisa
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that given the sentencing that is potentially handed down in this case, that mr. dunn could spend the rest of his life in jail. but for some of us, that simply isn't enough. all four boys in that car that night deserve justice. so i think the state is morally obligated to retry this case, with a different prosecutor, and of course, with a brand-new jury and to bring all of the facts into evidence, including the mind-set of mr. dunn that night. i look forward to seeing that trial, and seeing how it unfolds. it was a little bit -- i was a little taken aback watching this trial. i started to watch when mr. dunn first took the witness stand. i was a bit taken aback by his demeanor. the idea that he did not show a sin till la of remorse for the shooting death of a child, a 17-year-old child. yet he had all the remorse for a 7-month-old puppy. he called the child a gangster or attacker.
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i have differences on the idea that this should be retried. i think all four boys in that car deserve justice. >> we're waiting momentarily to hear from the family of jordan davis. we understand that his mother will be speaking to the crowd out there, and also prosecutor angela corey. what are you expecting to hear from them today? >> you know, i think from angela corey, i think she's going to talk about how rigorously her office tried this case. you know, how they brought the right charges, how they brought the right evidence. but they just did not give enough to the jury. i think she's going to talk about, you know, and praise her office for the job that they've done. i think she's going to be wrong about that. this is not the first case that angela corey and her team have fallen down on. and i can't foresee a day they have another jury, or another case just like this, and seeing that very same team go forward. i think the people of florida, in fact the people of this country have got to ask some
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very real questions about an elected official who can't seem to get the job done when the facts on their face should have made this a very clear-cut case. >> kerry sanders, we're waiting to hear from the family of jordan davis, who would be 19 years old tomorrow. he was just 17 years old when he was gunned down in 2012. how has the family been handling all of this? >> well, i spoke to lucy before the trial began. she said she wanted to talk about that she was outraged to think that her son was shot and killed over loud music. but during the trial, she has remained quiet. she wanted to take in what was going on without a daily reaction commenting on it. we expect her and her attorney, john phillips, to come to the podium any moment now. as you noted, tomorrow would have been her son's 19th birthday. she actually put up a tweet today, noting that. and you can see it here on the screen. it's a mother's heart ache to
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lose a son and then have to sit through all of this and hear all of the details of how her son has died. and now, to realize that she is going to have to go through this again. while angela corey, the prosecutor, has not said they are going to retry this case on that first-degree murder charge, she has a history of being a tough prosecutor. and i would be very surprised if she does not impanel another jury and present another case here. so as we're waiting for lusia mcbathe to come to the podium, we'll then have angela corey, who is the state attorney here, and john guy, the lead prosecutor, coming up. angela corey was also the special prosecutor in the george zimmerman case. which, of course, has set the stage for all of the attention in this state over florida's "stand your ground" law. clearly the jury in this case, at least with the three charges
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of shooting at the car, and coming up with attempted murder charges, the jury has spoken, that they did not believe, on that question, of whether he was in fear for his life, that he was not standing his ground. remember, the details of this case, he fired ten shots, nine hit the car. but at some point, the car was actually driving away as he was shooting. the question has been, and clearly the jury was dealing with this, how could he be in fear for his life if the car was retreating, and not coming towards him, or at his side at that time. so we expect to hear from lucie mcbath any moment now. i'm told when the jury verdict was read in the courtroom on the three charges of guilty, as well as the mistrial on the first-degree murder charge, that she stood there -- or she sat there, she was holding hands with family members, and afterwards she got up and was hugging with other family members inside the court.
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>> we're about to hear from angela corey. she is also the prosecutor in the george zimmerman trial. she was heavily criticized for her news conference following that trial. do you expect something different from her tonight? >> yes. i was one of those people who heavily criticized her. because at that news conference, she smiled broadly and she said, and i quote, the system worked. so there were four prosecutors at that press conference after the zimmerman acquittal. only one of them said that he thought the verdict was incorrect. you know, you really had to wonder how much their heart was in that case. how much they believed in that case. how closely they looked at the evidence in this case. i spent the last six months reviewing that case, for a book i have coming out shortly called "suspicion nation," where i'm very, very tough on the prosecutors and all the mistakes they made in that case. when you look at what happened today, the same -- two of the same prosecutors, angelo corey and john guy, you have to wonder if they learned from their
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mistakes. look, we all make mistakes. but the fact is, they tried this case in a very similar way and made some of the very same mistakes. one of the biggest ones is they seem to have a great fear about talking about race in those florida courtrooms. even in a case where the racial issues are so painfully apparent to the public. that's why we're all watching this case. that's why we're all talking about this case. because we know that black lives are devalued in america. we know we have a problem with racial profiling. and we know, we especially have a problem with racial bias in the criminal justice system. the one place in america where everybody should be treated equally. simply, they are not. i think this case is another lesson to the state of florida, and probably to all of us, that there needs to be more training about how to deal with racial issues. in cases where the people involved in the incident are a different race. when you have a case like this where a man wrote explicitly racist letters from behind bars referring to the young men in this case, in very offensive language, that is a case where
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the racial issues are apparent and should be brought in. the good news, i think, is that most of us want to be egalitarian. give the jury the benefit of the doubt that they can handle racial talk, if it's presented in the right way. and there are a lot of courtrooms who do handle it effectively. unfortunately in this courtroom and the zimmerman courtroom it was completely bungled. >> let's bring in michael, who spent the last few days with the family of jordan davis. bring us up to date with how the family is hanging in? >> i came back to new york this morning, as i have a sick child here at home. i've been with the family for the past three days in jacksonville. they are an unbelievable family. lucie and curtis and ron are just remarkable people. they are very aware of this outcome, of this potential, that this could happen. and it could be a mistrial on the murder charge of jordan davis, and guilty verdict of the attempted murder of the other
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three boys. we prepared for this. we were ready for this. but jordan was going to be 19 years old tomorrow. and nobody, no parent wants to celebrate the death of their child like this. and then the birthday of the child the following day. this is going to be a tough evening for them. but they have a tremendous amount of support. there's about 35 family members around the country to be with lucie and ron. it is an unbelievable family, one i've gotten to know over the last year and a half and am proud to call friends. >> it's my understanding that they have spent some time getting to know the family of trayvon martin who have been advising him somewhat. is that correct? >> i sit on the board of the trayvon martin foundation. i've grown quite close to se brin a and tracy. i introduced sabrina and lucie for the first time a year ago. i was with sabrina this week for the benefit of the trayvon martin foundation.
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lucie and sabrina spoke several times this week. they have a bond that no parent wants to be a part of. they have incredible support networks for each other. the whole week they've been in communication talking to each other. and tracy and sabrina have been encouraging ron and lucie to coming to terms with the trial over the death of their child. >> the parents were so impressive in so many ways, and one of the things they were adamant about is people respect the jury and respect the system and respect the jury's decision. you see the same thing coming from the parents of jordan davis, don't we. >> ron and lucie, many of us, i've seen them, you know, as passing by, when we fly across the country, these are people who have worked their entire lives, who are middle, upper
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middle class american families, an american child who was killed. they're incredible people. they have no animosity in their heart. they carry such love and compassion. there's no animosity towards the jury. >> i'm going to have to interrupt you just for a second while we hear from the family. >> please. >> let's listen. >> it's been a long, long road. and we're so very happy to have just a little bit of closure. it's sad for mr. dunn, that he will live the rest of his life in interment. and i will pray for him. and i've asked my family to pray
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for him. but we are so grateful for the charges that have been brought against him. we are so grateful for the truth. we are so grateful that the jurors were able to understand the common sense of it all. and we will continue to stand, and we will continue to await for justice for jordan. >> thank you all for being here. it's been a long journey. about 450 days. and me and lucie and our supporters have stood strong. i believe we've stood strong in the eyes of not only jacksonville, not only florida, not only the nation, but the world is looking at all of us
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here in jacksonville. it's not in my nature, actually, to not lash out and to not say inflammatory statements or whatever. and i have to hold all that in. because i think jordan, my son, and lucie's son deserves the best representation that he could have gotten, as parents. and i thank you all for seeing that we as parents, were good parents to jordan. he was a good kid. it wasn't allowed to be said in the courtroom that he was a good kid. there's a lot of good kids out there. a lot of good nephews, a lot of good grandsons, granddaughters, nieces. and they should have a voice. that they shouldn't live in fear to walk around the streets worrying about if someone has a problem with somebody else, that if they get shot it's collateral
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damage. there's no such thing to a parent that their child suffered collateral damage. we as human beings, we love our children, we love our families, and we don't accept a law that would allow collateral damage to our family members. we raise them not to fear each other. we raise them to be good citizens in america. and we expect the law to be behind us, and protect us. that's what i wanted the law to do, is to protect jordan as we protected jordan. i feel this michael dunn, he's got a minimum of 20 years on one count, another 20 years on another count, another minimum 20 years on another count. so he's going to learn that he must be remorseful for the killing of my son, that it was not just another day at the office. my son would never just be another day at the office. where i can leave the scene and be stoic. because you know what? we're not stoic. we've cried our eyes out, to
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you, the press, and everybody else, to the world. me and lucie and our family and our supporters have cried our eyes out. because we don't care about being stoic, because we have love in our hearts, and we want you all to have love in your hearts. and i thank you for coming here today. thank you. >> the parents of jordan davis who would have been 19 years old tomorrow. we understand that a vigil is planned for him tomorrow. let's bring in goldie taylor. goldie, what is your reaction to what the parents just had to say? >> my heart certainly goes out to them. we have had -- there's not a man in my family who's older than 29 years old. >> i'm sorry, i have to interrupt you, goldie. let's listen to the prosecutor. >> they want to get their message out. as a prosecutor, we all believe
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it was too long before victims' voices were heard. we're grateful for the laws in the state of florida and the attention that you give our victims. and hope people do that in every case. i'm very proud of our office. i'm especially proud of john guy and eric wolfson for the special job they did in this case. their opening and closing arguments were really, really good. both of them have worked very hard. and our office, as always, is dedicated to seeking justice for our victims. i've told you that before. i will continue to tell you that. and we will never shrink from that duty. i'm very proud to work with john rutherford and his detectives. they did an excellent job in this case. and all of you are here, and you heard the evidence, which we can't discuss much because we still now do have a pending count. so if you will please respect the fact that we do have a pending count, that we'll go to trial again, then we will try to answer some of your questions.
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but we are very, very grateful for the working relationship with the jacksonville sheriff's office. last year alone, we tried 39 murder cases with them here in duvall county. and in clay and nassau, and our circuit. and those cases are all equally important. ron and lucie are representative of the type of victims who have to deal with this every single day. and if you don't know, tomorrow would have been jordan's 19th birthday. and they will spend that, i'm sure, wondering a little bit about this verdict, but as they told you, grateful for the justice that was served, and the justice that is yet to be served. i'm happy to take questions at this point. and erin and john may answer some of them. leslie? >> the fact that you have to retry this one charge, your reaction to that? >> well, we have to retry cases. we had a whole slew of cases,
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leslie you might have been familiar when the supreme court changed the manslaughter law. we just get ready and come back into court and we work just as hard, and we seek justice in the same way. so retrying a case is something that we've all had to do. and we will continue to have to do. and we'll give it the same full attention. we don't back off, having to retry. yes? >> is it possible to come back with not a first-degree charge, but a second-degree charge? and retry it? >> we could make that decision. but at this point if we retry michael dunn, it will be first-degree murder. right now that's the grand jury indictment. we would proceed as the judge said, he mistried that count only. so we would go back to trial on that count alone. >> was it a mistake to do first-degree murder? would it would have been better than second-degree?
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>> absolutely not. i know you all have brought up the word overcharge. it came up months after the zimmerman case. hopefully this will help you understand. the state of florida has a lot of good laws on the books. one of the best laws, one of the best rules of procedure, it's called a motion to dismiss. if any criminal defense attorney thinks that the state of florida in any particular case has filed charges that shouldn't have been filed, or has filed an overcharge, they're welcome to file a motion to dismiss, pursuant to this rule. and it happens a lot in cases. defense attorneys do. but they have to sign their name to it. it has to be a sworn motion. it's called a c-4 motion. and it's a normal practice in the state of florida. so i'm not really sure why any criminal defense attorney would ever complain, and chronically complain about overcharge when they have that tool available. what's also available through
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the legislature is a "stand your ground" motion, which was not filed in the zimmerman case, it was not filed in this case. and so that would be another way to dismiss charges that they believe should not have been brought at all. or charges they believe are an overcharge. and you're probably familiar with the motion for judgment of acquittal. that's one more way a defense attorney can attack the state's case claiming an overcharge. and there were three motions for judgment of acquittal in this case. and the state prevailed on all three. one more thing you might want to know about is the jury instruction that tells the jury, if you don't believe that the state has proven the highest crime charge, you're to consider the lesser includeds. ten times out of ten, when someone fires ten shots into a car full of unarmed teenagers, we will file first-degree murder and attempted first-degree murder. premeditation doesn't require any specific length of time. and that's the aspect of it on which we rely to file these
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charges. >> what's to say -- [ inaudible ]. >> i was going to let ms. wolfson address that. >> three attempted second-degree murder charges he was found guilty of. he's looking at 30 years for each count. in that 30 years, there's a 20-year minimum mandatory for each count. count five is 15 years. >> yes, ma'am? >> so 60 years in prison, what would be for retrying on the first charge? >> i hope the word wasting was a slip of the tongue. justice for jordan davis is as important as it is for any of our other victims. as you all know, the defense has a right to appeal this case. and sometimes just mere slip of the tongue from a lawyer, from the judge, one of the things we've had a lot of problems with are the jury instructions.
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they're about to change the justifiable use of deadly force instructions on us again. they also just changed the manslaughter instruction in the middle of this trial. so any one of those things could cause a retrial on the four counts on which we got a guilty verdict. we would always try a second case, or an additional count to make sure that if something happens on these other charges, we have that in place as well. so it's an excellent use of state resources to make sure that someone does not get out. yes, sir? >> will the retrial happen here in this county? >> yes. we intend to fully push for a trial right here in jacksonville, duvall county, florida. yes? >> there's been some question, some people criticized that you didn't spend enough time describing what kind of person jordan davis was, and let the defense say things like, saying there was not enough reason for him to be fearful.
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>> you know, a lot of times we can't put on good character evidence of the victim. and it becomes right for reversible error. we put on as much as we could by eyewitness testimony and physical evidence, that proved that jordan davis never got out of that car. again, because that count is pending, i can't go too deeply into it. but we put on everything we possibly can within the bounds of reason. and there are times, kevin, when we have to make a conscious choice not to risk, you know, reversal on appeal. but we walk a delicate line with that. and sometimes we do our best, and we think we've done it the right way. and the appellate court says no. we still go with what we have. this was a very -- a case of full of eyewitnesses and physical evidence so we didn't believe that was that much of an issue. >> is it definite you're going to try him again for the murder charge? >> we have to sit down with our victim's family. as far as we're concerned right
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now, we intend to retry him, retry michael dunn on first-degree murder. >> are you surprised that it took this long for the jury to reach a decision, or not decision? >> the interesting thing about jury verdicts is we've tried three-week-long cases where the evidence took three full weeks long and gotten 45-minute guilty verdicts. i remember one with a nine-minute guilty verdict. sometimes they're long, and sometimes they're not. this jury had a lot of work to do. we thank them for their careful attention to everything in this trial. so i can't say we're surprised. but, you know, we're not back there. we don't know what's going on until the verdict finally comes out. >> do you have any thoughts about making any changes in the second trial to make sure you don't get -- >> well, we always make changes. you know, the first thing we do even after a guilty verdict is say, how could we have done it better. we always learn for the next time. so i anticipate there could be
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some changes. yes, ma'am? >> so what lesson do you take from this verdict? >> we take all sorts of lessons from every verdict. even when it's guilty as charged, we take lessons from those. how to present a witness more smoothly. what else could we have put in, things like that. how can we do it better next time. the jury instructions are very burdensome, so we'll be devoting a lot of time looking back over the justifiable use of deadly force instructions. that's probably one area -- we spent a lot of time. we probably spent in excess of eight hours working on jus final use of deadly force alone, behind the scenes and in the courtroom, trying to make sure we were doing it exactly the right way. i think someone said, and i can't remember who or where, said this was an easy case for the state attorney to come in and try. no case is easy. there are nuances to every case. jury instructions are always
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complicated. and especially in use of deadly force cases. we learned a lot. now, as far as count one, until we know why they were a hung jury, they did not acquit, so until we know why they were a hung jury, we wouldn't know what to adjust. juror feedback is excellent for that. if we get the jury feedback, you all heard the judge say, the jurors are at liberty to speak with whomever they please. we hope to hear from them on what we could have done better. >> what is the feedback process? what do you hope to hear from them? do they have to talk to you? >> no, they don't. they're allowed to talk. we've frequently had a juror call the office and say i'd like to talk to you about what we talked about back there. >> this is what we think that didn't work? >> they could say that. but obviously, they were out for a long time. so some of them were convinced, is what we're assuming, just based on past experience.
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but we'll just wait to see. you know, until we hear from them, we won't know. >> do you have to wait for them to contact you? >> we are not even if there was a fully guilty verdict, we're not allowed to contact jurors at all. and neither are you, by the way. they are allowed to contact who they wish. and they're allowed to speak to who they wish. as the judge said, they're at liberty not to speak with anyone ever about their deliberations or they are at liberty to speak with whomever they please. >> overall, how do you feel about the outcome -- >> we are watching prosecutor angela corey address the media there in jacksonville, florida, following the michael dunn murder trial verdict today. let's bring in lisa bloom who has been critical of this prosecutor in the past. what do you think of what she's said tonight? >> she says they are going to retry michael dunn for the murder of jordan davis. so that's the good thing.
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she says, we will not back down from retrying. i take that to be a commitment that they are going to be a tremendous trial. but she was asked repeatedly if they have learned from any of their mistakes. she gave generic answers. we can always learn from our mistakes, we always like to do that. but she hasn't indicated any specific mistake that is she thinks were made here or in the zimmerman case that they have learned from. they've had all these days to really go over that. nobody's asked her about the racist letters that michael dunn wrote that were not introduced on cross-examination of at any time during this trial. i think that's a problem. and it's also a problem that she seems to indicate that he's going to be retried again for first-degree murder. that's the overcharging issue that we've all talked about. why give your prosecutors an additional hurdle? why make a case harder for them? we already have one jury that's now come back with a mistrial, with a hung jury. why make it difficult again for your prosecutors? make it second-degree murder or
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manslaughter, i think they'd have a much easier time getting a conviction. >> a few minutes ago, we heard from ron davis and lucia mcbath. let's play what they had to say. >> it's been a long, long road. and we're so very happy to have just a little bit of closure. it's sad for mr. dunn that he will live the rest of his life in that sense of torment. and i will pray for him and i've asked my family to pray for him. but we are so grateful for the charges that have been brought against him.
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we are so grateful for the truth. we are so grateful that the jurors were able to understand the common sense of it all. and we will continue to stand and we will continue to wait for justice for jordan. >> thank you all for being here. it's been a long journey. about 450 days. and me and lucy and our supporters have stood strong. i believe we've stood strong in the eyes of not only jacksonville, not only florida, not only the nation, but the world is looking at all of us here in jacksonville. it's not in my nature actually to not lash out and to not say inflammatory statements or
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whatever. and i had to hold all that in because i think jordan, my son and lucy's son, deserved the best representation that he could have gotten as parents. and i thank you all for seeing that we, his parents, were good parents to jordan and that he was a good kid. it wasn't allowed to be said in the courtroom that he was a good kid but we'll say he was a good kid. there's a lot of good kids out there, a lot of good nephews, a lot of good grandsons, granddaughters, nieces. and they should have a voice, that they shouldn't live in fear and walk around the streets worrying about if someone has a problem with somebody else. there's no such thing to parents that their child suffered collateral damage. we all as human beings love our children, we love our families.
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and we don't accept a law that would allow collateral damage to our family members. we raised them not to fear each other. we raised them to be good citizens in america. and we expect the law to be behind us and protect us and that's what i wanted the law to do, is protect jordan as we protected jordan. i feel this michael dunn has a minimum of 20 years on one count, another 20 years on another account, another minimum 20 years on another count. so he's going to learn that he must be remorseful for the killing of my son, that it was not just another day at the office. my son will never be just another day at the office where i can leave the scene and be stoic. because we're not stoic. we've cried our eyes out to you, the press, and everybody else. to the world, me and lucy and our families and our supporters have cried our eyes out because we don't care about being stoic because we have love in our
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hearts. and we want you all to love and have love in your hearts and i thank you for coming here today. thank you. >> nbc contributor goldie taylor listening right now to what the parents of jordan davis had to say just a few moments ago. what is your reaction to that? >> i think we have to be grateful for the davis family and how they have been really the personification of grace under these kinds of circumstances. but truly they are not alone. if you look at the statistics around this, there are 26 states in this country who have "stand your ground" laws on the books. but if you look at the racial dynamics of how those laws are applied, you have a rate of ten times more likely if a white suspect is on trial or seeks immunity on a "stand your ground," they are ten times more likely to be acquitted or ten times more likely to receive immunity under "stand your ground" than if the converse were true and if it were a black suspect who killed a white victim. on the other hand, if you have a
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white suspect who kills another white person, that person is 281% more likely to receive immunity under "stand your ground" or to be acquitted if they kill a black person instead. so you really have to begin to look at the application of this law in general and the application of this law as it pertains to the race of the shooter and of the victim. i've said -- long side that it is more relevant not the race of the shooter but the race of the victim and how rigorously something will be investigated, prosecuted and even the length of the sentence. and that's according to the cdc. we have to begin to look at this as not just this very high-profile case and jordan davis' life is worth every moment of our airtime but globally that there are black and brown boys across this country who are dying and their lives are not valued in this justice system as we have it today. so we really have to begin to talk about reform. we have to begin to talk about organizations that are pushing
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these kinds of laws across the country. i think that jordan davis just like every other boy in that car certainly deserved justice tonight. he may or may not get it when we have a retrial. but the fact of the matter is, michael dunn was not claiming or standing his ground. he was claiming ground that did not belong to him. jordan davis had every right to be in that parking lot that night. he never left his car. and anything that he did or said while in that car was not ample provocation for him to be shot dead on that scene. >> nbc's goldie taylor, thank you. let's go to nbc's kerry sanders who is outside the courthouse right now. kerry, take us through what happens next. >> reporter: so tonight, michael dunn will go to jail where he's been held. he will go back to jail and he will wait some time now for an actual sentencing because they have to do in florida what's called a presentence investigation. that's the department of corrections will go through and check off some boxes. but as you know, it's likely that he will get 20 years in
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each of the attempted murders. it will be up to the judge to determine whether that is consecutive or concurrent. if it is consecutive, that's 60 years plus another 15 years for shooting the deadly missile at the vehicle. so that would be basically at 47 years old a life sentence. the prosecutor indicated that she will go back and now consider and it looks like she's very clearly going to impanel another jury, the date will have to be set down the road. and once again bring him up on charges on first-degree murder. while in florida, first-degree murder is a death penalty case, the prosecutor in this case chose not to pursue the death penalty. and so as we wrap it up here tonight, some of those outside here are protesting the prosecutor, angela corey. they're disappointed. they believed that she should have brought a charge that would have resulted in a conviction on that first count. >> nbc's kerry sanders live
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outside the courtroom in jacksonville, florida. thank you for that. once again, we have a verdict in the michael dunn trial. this has been breaking news on msnbc. criminals caught in the act and caught by surprise. >> there's two guns in my face. and right then and there, i just jumped on them. >> life-and-death fights. >> there's a survival instinct, and my survival depends on getting that gun. >> vicious attacks. >> it was definitely shocking to see the type of brutality that was going on on the tape. >> reckless and outrageous behavior. >> my grandmother called me saying, wayne, they're going to kill your mother on tv. >> the knife was at the baby. it was pretty horrific. >> hostage-takers with nothing to lose. >> they said that they are going to kill one passenger every 30 minutes. >> a

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