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the defense team with some objections to some of the wording. this is not the way trials up fold on television programs where they're all neat and tidy. these are the things that happen, little manipulate knew shark -- little minutia, words that make a difference, perhaps, as the defense tries to position themselves the best they can. we have great analysis. more from the george zimmerman murder trial in florida when "studio b" comes right back. don't away. >> fox news alert. back at the george zimmerman trial. the haggling back and forth between the defense and the prosecution. the judge, the arbiter of what gets to stay. what stays he same. you can see the defense attorneys there looking at some of the items introduced during the case. i don't believe that the jury is in the courtroom for this. i think they have to decide all of this and then i'm told they're not in the courtroom. once they work through these differences and get into agreement on what they're going to have going forward, the jury will be brought back in, and we've been led to
the defense team with some objections to some of the wording. this is not the way trials up fold on television programs where they're all neat and tidy. these are the things that happen, little manipulate knew shark -- little minutia, words that make a difference, perhaps, as the defense tries to position themselves the best they can. we have great analysis. more from the george zimmerman murder trial in florida when "studio b" comes right back. don't away. >> fox news alert....
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the defense team are just taking time for a brief discussion. they've been talking about the direction she took when she entered that region following the incident. lisa, what is the value of elloise dilligard's testimony to the defense? >> well, she said in kind of a weak way that it was george zimmerman's voice that she heard on the call. it was a light male voice, that's how she identified it, and she's talking about the positioning of george zimmerman's truck. and that's significant because the question is, did he park his truck and did he walk for a relatively long period of time following trayvon martin, or did he park, get out and was immediately confronted by trayvon martin or he confronted trayvon martin depending on who you believe. but this testimony is pretty con voluntary lieutenant convoluted, and just as we're wondering about the significance of this testimony, the jury probably is, too. >> sure. the defense is trying to define precisely where the vehicle is parked. she originally suggested it's in one road, but we hear the defense
the defense team are just taking time for a brief discussion. they've been talking about the direction she took when she entered that region following the incident. lisa, what is the value of elloise dilligard's testimony to the defense? >> well, she said in kind of a weak way that it was george zimmerman's voice that she heard on the call. it was a light male voice, that's how she identified it, and she's talking about the positioning of george zimmerman's truck. and that's significant...
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lisa, this was the big day for the defense. tough question to put to you, because we've only just finished with proceed welcomes but what's your assessment about how things have gone? >> well, they certainly did a good job muddling the issue of whose voice it was on the 911 call, screaming for help. you know, last week, we were all talking about trayvon martin's mother, who we were anticipating would take the stand and would say it was her son, and how emotionally compelling that would be. and it was, when she took the stand and testified to that. >> and she was absolutely adamant that it was her son, without a shadow of a doubt. >> that's right. and she's maintained that from the very first time she heard it, all the way through. she was very centered and straightforward in her testimony, unshakable. however, by the end of the day on friday, when we heard from george zimmerman's mother, who had very similar testimony, the issue became a little bit more confused and ambiguous, and now, today, we've had a whole stream of witness
lisa, this was the big day for the defense. tough question to put to you, because we've only just finished with proceed welcomes but what's your assessment about how things have gone? >> well, they certainly did a good job muddling the issue of whose voice it was on the 911 call, screaming for help. you know, last week, we were all talking about trayvon martin's mother, who we were anticipating would take the stand and would say it was her son, and how emotionally compelling that would...
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and i don't think that the defense should want it in. it's that trash the victim defense that is never successful. i agree with jeff. this defense is doing very well. they should rest and let this go to the jury. >> let me counter argue that to danny and get your opinion. what the defense is saying is well, look, the prosecution, you know, went to great lengths to get evidence of george zimmerman allegedly learning mixed martial arts and that was allowed in. so if there are, in fact, texts from trayvon martin where he's talking about being in a three-round fight with somebody and that he won the fight and he wants to fight again, should that be allowed in, if george zimmerman mixed martial arts training was allowed in, danny. >> it's fascinating that you bring this up. for defense attorneys everywhere, including mr. geragos, when you see that text messaging expert, we've had so many clients that have been burned by what's on their cell phone. it's interesting to see it on the other side. but sunny is right, it must be authenticated. that'
and i don't think that the defense should want it in. it's that trash the victim defense that is never successful. i agree with jeff. this defense is doing very well. they should rest and let this go to the jury. >> let me counter argue that to danny and get your opinion. what the defense is saying is well, look, the prosecution, you know, went to great lengths to get evidence of george zimmerman allegedly learning mixed martial arts and that was allowed in. so if there are, in fact,...
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but again, the defense has rested its case. it looks like, looks like, we are approaching the end of this trial. >> craig, i think that the judge has just ruled a recess for 15 minutes. and that's why you're seeing pictures of the court emptying. they will be back in 15 minutes. craig, going back to adam pollock, the other person who testified today mr. dennis root, also, he of course was a safety and law enforcement trainer. he also was emphasizing thnotio of george zimmerman as a flaccid, flabby, weak fighter, wasn't he? >> yeah. yeah. that would be -- that would be precisely how he was described, martin. that would be -- yeah -- you mentioned dennis root. on the stand for four hours. and what was one of the things that was interesting about his testimony, earlier in the week judge nelson had already decided that his testimony would have to be fairly narrow in its scope. she said he would not be allowed to testify that george zimmerman acted in self-defense, not be allowed to telephone that george zimmerman exercised restraint
but again, the defense has rested its case. it looks like, looks like, we are approaching the end of this trial. >> craig, i think that the judge has just ruled a recess for 15 minutes. and that's why you're seeing pictures of the court emptying. they will be back in 15 minutes. craig, going back to adam pollock, the other person who testified today mr. dennis root, also, he of course was a safety and law enforcement trainer. he also was emphasizing thnotio of george zimmerman as a...
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will the defense rest tomorrow? be right back. >>> some quick final thoughts from the panel now about what we can expect tomorrow. mark geragos? how do you think the judge is going to rule on this after all the arguments made tonight? >> i think the judge is going to tell them that they can put use of video in the closing, and i think she's going to allow in some of the material, but not all of the material that came from the various things, the phones and the social media. but i think the jury will see this video in the closing argument. >> sunny hostin, what are you expecting tomorrow? >> i think mark geragos is dreaming. none of it is coming in. i think there was every indication that she had a problem with the authenticity of all the text messages and the "avatar" cartoon is not coming in either. >> jeff toobin? >> she should exclude the video and the text messages. but she's been very receptive to arguments about relevance. she may let in both. >> danny cevallos, what are you thinking? do you think the defense w
will the defense rest tomorrow? be right back. >>> some quick final thoughts from the panel now about what we can expect tomorrow. mark geragos? how do you think the judge is going to rule on this after all the arguments made tonight? >> i think the judge is going to tell them that they can put use of video in the closing, and i think she's going to allow in some of the material, but not all of the material that came from the various things, the phones and the social media. but i...
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>> going well for the defense. the jury doesn't recognize the voices and george is not going to testify, george zimmerman. trayvon martin obviously can't. it's going to be determined by the witnesses. the defense witnesses were far more credible and certain that it was george zimmerman's voice. so, today is clearly going in the defense direction. i'm of the belief that the whole trial has been going in the defense direction. as he begins to put more of the cops on the stand, as he just did, and elicits more favorable information out of the mouth office the government witnesses, even what is remaining of the government's case will be in shambles. >> arthur? >> they put on multiple people saying that is definitely his voice. people know him from different aspects of his life, and then they articulated why they know those screams. one guy said, all i ever did was speak to george zimmerman on the phone, so i know what his voice sounds like on the phone. another guy who was in vietnam and knew what it sounds like to hear
>> going well for the defense. the jury doesn't recognize the voices and george is not going to testify, george zimmerman. trayvon martin obviously can't. it's going to be determined by the witnesses. the defense witnesses were far more credible and certain that it was george zimmerman's voice. so, today is clearly going in the defense direction. i'm of the belief that the whole trial has been going in the defense direction. as he begins to put more of the cops on the stand, as he just...
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the defense will argue that it needs to address self defense. the prosecution wants to remind them, if he took a gun and shot it and pulled the trigger that is enough. let's listen in. right now. delaro la roinda it so manies lt will have a chance for the jury to get more information and see where it goes. >> at one point, the defense wanted the jurors to come back in the courtroom to get the answer provided to them, and the prosecutions said no. and the judge said no, one single handwriting on a note to give to the jurors. here we are at 7 o'clock in the east. we want to thank susan and judge alex. and our colleague greg jarret who is an opportunity to help us try to understand it. this is the third time we hear from the jury and the second time, they want more clariction on manslaughter and exactly what kind of clarification, we are about to find out. >> and thanking jennifer and candace. we go to harris falker with the fox report. >> fox urgent. a busy saturday as we are on verdict watch in the george zimmerman murder trial, playing out in cen
the defense will argue that it needs to address self defense. the prosecution wants to remind them, if he took a gun and shot it and pulled the trigger that is enough. let's listen in. right now. delaro la roinda it so manies lt will have a chance for the jury to get more information and see where it goes. >> at one point, the defense wanted the jurors to come back in the courtroom to get the answer provided to them, and the prosecutions said no. and the judge said no, one single...
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the defense is very upset. in april they asked in open court if the prosecution had any information about trayvon martin that they had not handed over. the prosecution said no. that may be very rightly so. in fact. it's a long story, but their head i.t. person was called to the stand in a hearing right before trial began to say he had prepared over a 900-page report on the contents of trayvon martin's phone in january 2013. he was concerned, because he didn't think the defense had gone it. he got a lawyer, because he thought he could be charged with something. the defense did not get that report. they got it on the eve of trial. and not winning around, and they're frustrated, because if they have that foundation, they probably would have gotten in some of the fighting. >> there's claims d. could be a teenage boy, bragging could be a teenage boy, recounting what he actually went through. the court is in resist right now. we're going to take another quick break, but david, as a former prosecutor, walk us through,
the defense is very upset. in april they asked in open court if the prosecution had any information about trayvon martin that they had not handed over. the prosecution said no. that may be very rightly so. in fact. it's a long story, but their head i.t. person was called to the stand in a hearing right before trial began to say he had prepared over a 900-page report on the contents of trayvon martin's phone in january 2013. he was concerned, because he didn't think the defense had gone it. he...
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the defense does. we're monitoring what's going on. ter the judge makes a decision on this piece of potential evidence, then the jurors will be brought in and the defense will resume its side of the story. they'll bring in more defense witnesses. we'll have live coverage of that coming up, so stand by. >>> by there's other important news happening right now, as well, including this. the national transportation safety board says investigators had interview the actual pilot who was at the controls of the asiana flight 214. the interview will take place today. it hasn't happened yet. they have interviewed two of the other members of the flight crew. so far, about half of the four-member crew, as i say, two of the four have been interviewed. also today, the flight attendants will sit down with the federal investigators. those, the flight attendants, they are getting a lot of praise right now for their roles. a lot of them heroic roles in evacuating the plane under awful, awful circumstances. one even carried a young boy on her back. she was
the defense does. we're monitoring what's going on. ter the judge makes a decision on this piece of potential evidence, then the jurors will be brought in and the defense will resume its side of the story. they'll bring in more defense witnesses. we'll have live coverage of that coming up, so stand by. >>> by there's other important news happening right now, as well, including this. the national transportation safety board says investigators had interview the actual pilot who was at...
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that's where the defense is going with this. that that's the conclusion the family had to draw to be able to handle their grief after this shooting. >> let's take a look at it right now when trayvon's mother sybrina fulton took the stand. the court -- let's move the prompter here. i want to play a recording of that. >> -- ma'am. >> 911. police, fire and medical. >> there's someone screaming outside. >> okay. what's the address there? >> 1211 -- >> okay, and is it a male or female? >> it sounds like a male. >> and you don't know why? >> i don't know why. i think they're -- i don't know. >> send someone now. >> does he look hurt? >> i can't see him. i don't want to go out there. i don't know what's going on. >> help! >> he's yelling help? >> yes. >> what is your -- [ inaudible ]. >> a gunshot. >> you just heard gunshots. >> yes. >> ma'am, that streaming or yelling, do you recognize that? >> yes. >> and who do you recognize that to be, ma'am? >> trayvon benjamin martin. >> what you just saw, the voice screaming for help, the mother
that's where the defense is going with this. that that's the conclusion the family had to draw to be able to handle their grief after this shooting. >> let's take a look at it right now when trayvon's mother sybrina fulton took the stand. the court -- let's move the prompter here. i want to play a recording of that. >> -- ma'am. >> 911. police, fire and medical. >> there's someone screaming outside. >> okay. what's the address there? >> 1211 -- >> okay,...
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why give so many statements, the defense attorney asks? if he was guilty, why would he give any statements? why give so many? because he had to justify his actions and that's why it kept getting worse. that's why by the time it got to mark osterman it was completely different. that's why he kept increase iin. that's why when he got to sean hannity, wow. it was god's plan by the time it got to sean hannity. "it was god's plan." the defense attorney mocked me. that's fine. because i said he pushed the gun into his chest. he didn't? he didn't? it was a contact wound with his shirt. he didn't push the gun into his chest? reasonable doubt is not a speculative or forced doubt. in the instructions they don't tell you what a reasonable doubt is, but what it is not. a reasonable doubt is something you can attach a reason to. use this definition as guardrails for your deliberations. if you get back there and one of you says, well maybe this happened, or couldn't this have happened? or isn't it possible this? that's not a reasonable doubt. a reasonabl
why give so many statements, the defense attorney asks? if he was guilty, why would he give any statements? why give so many? because he had to justify his actions and that's why it kept getting worse. that's why by the time it got to mark osterman it was completely different. that's why he kept increase iin. that's why when he got to sean hannity, wow. it was god's plan by the time it got to sean hannity. "it was god's plan." the defense attorney mocked me. that's fine. because i...
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so, yes, the defense has made some inroads. >> all right. let's see what's going on in the courtroom right now as they continue the questioning of trayvon martin's father, tracy. >> mr. martin, i was asking you about the 27th, direct serino came and showed you a photograph and you identified it as your son, corrects? >> correct. >> and we move to the 28th and you go down with at the time brandy green, correct? >> correct. >> and at that time they played several recordings for you, correct? >> yeah, they played a series of 91 1 calls. >> and these were calls where neighbors had called in regarding what you now knew was the death of your son, correct in. >> correct. >> and the recordings were of people calling and explaining that somebody had been shot and i'm sure you listened to the person now identified as the lady who went hysterical in the 911 call, you were listening to all that? >> to my recollection, i don't think detective serino played each call in its entirety. to my knowledge, he played some of each call leading up to the last call
so, yes, the defense has made some inroads. >> all right. let's see what's going on in the courtroom right now as they continue the questioning of trayvon martin's father, tracy. >> mr. martin, i was asking you about the 27th, direct serino came and showed you a photograph and you identified it as your son, corrects? >> correct. >> and we move to the 28th and you go down with at the time brandy green, correct? >> correct. >> and at that time they played...
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i if you're the defense, why? >> you have two cops already saying this is what tray martin's father said? and he looks all crest fall 'and he said, no, i just don't know. >> shepard: in the moments after he first heard the recording of the phone call, he has just learned his son is dead. the son who went to the 7-eleven to get skittles and a drink, is now suddenly and for reasons that the father can't explain, dead, and he is supposed to have his right wits about him? >> i don't know how relevant it was. s how go the witness is, thought the witnesses they did put on before the dad -- >> shepard: universal acclaim. >> i think it does sound more like a grown man screaming than a little boy screaming. i think they have a dose of reality on their side. then you add the guy who was in vietnam who heard grown men crying, screaming in pain, on tom of the fact he was a political guy that heard zimmerman screen. they decided to recess. so mark o'mara wants to bring in a witness to testify in a, quote, unusual way. and the j
i if you're the defense, why? >> you have two cops already saying this is what tray martin's father said? and he looks all crest fall 'and he said, no, i just don't know. >> shepard: in the moments after he first heard the recording of the phone call, he has just learned his son is dead. the son who went to the 7-eleven to get skittles and a drink, is now suddenly and for reasons that the father can't explain, dead, and he is supposed to have his right wits about him? >> i...
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a big point in the defense expert's testimony. >> how does that play into the idea of self-defense? he was in this struggle, the guy on top of me. afraid for his life. the trajectory, positioning of the gun? >> the trajectory could be consistent with trayvon getting up and moving away once he sees the gun. as opposed to being right on top. the odd thing, ballistics person who looks at the clothes says she doesn't know anything about the skin. bao, who looks at the skin, says he hasn't looked at the clothing. in the normal course, the medical examiner look at thes at the whole trajectory and is able to draw better reconstruction than the two people. that has to come from another person, probably a forensic medical pathology, coming up next week. >> it looks like the prosecution lost a great opportunity to explain just in fact what you did, could be more helpful to your case than dr. baden. he came up, having serious credibility issues. >> i think part of the problem, two experts, a ballistics expert and medical examiner, but they didn't communicate. one talks about clothing, nothing a
a big point in the defense expert's testimony. >> how does that play into the idea of self-defense? he was in this struggle, the guy on top of me. afraid for his life. the trajectory, positioning of the gun? >> the trajectory could be consistent with trayvon getting up and moving away once he sees the gun. as opposed to being right on top. the odd thing, ballistics person who looks at the clothes says she doesn't know anything about the skin. bao, who looks at the skin, says he...
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the defense could end up calling another witness. doesn't usually -- in the past hasn't taken this long for the jury to come in. it would seem as if judge nelson just asked to call your next witness, they didn't say we're going to rest right now. >> what did you make of the frustration that sort of showed up on camera in that courtroom yesterday during the very long hours into the evening and that confrontation that craig was describing between the defense and the prosecution? >> listen, all of the attorneys have been working very long hours. yesterday till 10:00 p.m. even when they're only in the courtroom till 5:00 p.m., everybody goes back to their offices, taking depositions, very long days. if you get four hours of sleep, that's a lot. so of course nerves are fraying. the defense team has argued from the beginning they didn't get the proper discovery from the prosecution. so that made their time, you know, compact in terms of what they had to work with to prepare for this trial. i have to say i think all of the attorneys in this
the defense could end up calling another witness. doesn't usually -- in the past hasn't taken this long for the jury to come in. it would seem as if judge nelson just asked to call your next witness, they didn't say we're going to rest right now. >> what did you make of the frustration that sort of showed up on camera in that courtroom yesterday during the very long hours into the evening and that confrontation that craig was describing between the defense and the prosecution? >>...
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>> that's what the defense wants to focus on. they want to focus all about this positioning that trayvon was on top, and therefore george zimmerman had to use the force that he used. the prosecutors are focusing on who was the initial aggressor here. because if you're in a fight, one minute you're up, one minute you're down, the positions may change. but who was the initial aggressor. you can see when they got up and they first started questioning dr. di maio, that's what they started asking. you weren't there, right? you don't know who threw the first punch. your testimony is strictly limited to that gunshot wound and the angle of that gunshot wound. you don't know how this started. because that's what they're going to focus on. trayvon martin could very well have been defending himself while looking down the barrel of a gun. >> you have certainly, lisa, been probably through this case as much as anybody. how do you judge today's performance by the defense and by the prosecutor? >> so ken's right. this witness came off very well.
>> that's what the defense wants to focus on. they want to focus all about this positioning that trayvon was on top, and therefore george zimmerman had to use the force that he used. the prosecutors are focusing on who was the initial aggressor here. because if you're in a fight, one minute you're up, one minute you're down, the positions may change. but who was the initial aggressor. you can see when they got up and they first started questioning dr. di maio, that's what they started...
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the prosecution, once the defense raises self-defense, the prosecution has to prove under florida law that beyond a reasonable doubt, there was no self-defense. so the burden shifts to the prosecution once self-defense is raised by the defense. the law is like mud. this jury is going the hear this law from the court and they're going to be like every jury. they're going to have a hard time going through it because the lawyers can't even agree what that gobbledygook means when the judge reads that law to the jury. >> faith, having said, that and about seeing the gun or grabbing for the gun, let me show you some of what john guy laid out in terms of the inconsistencies, and tell me whether that addresses some of that from the prosecution's standpoint. >> sean noffke told me to get an address. that didn't happen. listen to the tapes. listen to the walk-through. and listen to the non-emergency call. sean noffke never said that. why? why lie about that? it's so important. that's why. because he wasn't going back to the car. he was going back to trayvon martin. trayvon martin covered his mo
the prosecution, once the defense raises self-defense, the prosecution has to prove under florida law that beyond a reasonable doubt, there was no self-defense. so the burden shifts to the prosecution once self-defense is raised by the defense. the law is like mud. this jury is going the hear this law from the court and they're going to be like every jury. they're going to have a hard time going through it because the lawyers can't even agree what that gobbledygook means when the judge reads...
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was in the self-defense? se are the only issues the jury has to consider. >> on the issue of jury instructions, that could tip the whole thing one way or the other. >> it will be very important to see what judge nelson -- how she goes forward and instructs the jury. it will go down to the reasonableness of that self-defense of george zimmerman. the fact is this, there's both direct evidence and circumstantial evidence that was put forth by the prosecution that really bolsters the prosecution's case, and that's why the judge ruled in their favor and against the defense in their motion to acquit. >> and paul, part of what seema -- excuse me, part of what lisa was saying is that several of the elements here are essentially undisputed. >> correct. >> that the individual is dead and that another individual shot him. so what we're looking at would be potentially the jury instructions dispute point focusing on whether this was justified. walk us through that. as a prosecutor, have you ever fought over jury instructio
was in the self-defense? se are the only issues the jury has to consider. >> on the issue of jury instructions, that could tip the whole thing one way or the other. >> it will be very important to see what judge nelson -- how she goes forward and instructs the jury. it will go down to the reasonableness of that self-defense of george zimmerman. the fact is this, there's both direct evidence and circumstantial evidence that was put forth by the prosecution that really bolsters the...
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if the defense wins, mr. to still bear the burden of the accusations and will be known for this throughout his life. if the prosecution wins, the family of trayvon martin will not get their child back, their brother back. so therefore, whatever the outcome there should be no gloating and should be no violence. we should use this evening to reflect and see how we bring society where we can deal with these things in a fair and balanced way. balanced in the sense where justice works for everyone. and where everyone has equal protection under the law. and where we all become better learning from bitter experiences. that's what we can do tonight in the juries in our own minds. thanks for watching. i'm al sharpton. "hardball" starts right now. >>> the defense rests. let's play "hardball!" ♪ >>> good evening. i'm michael smerconish, in for chris matthews. it's day 22 of the george zimmerman trial. the defense has rested and george zimmerman has chosen not to testify althou
if the defense wins, mr. to still bear the burden of the accusations and will be known for this throughout his life. if the prosecution wins, the family of trayvon martin will not get their child back, their brother back. so therefore, whatever the outcome there should be no gloating and should be no violence. we should use this evening to reflect and see how we bring society where we can deal with these things in a fair and balanced way. balanced in the sense where justice works for everyone....
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we're in the defense case. so it would be for the defense. of course, the prosecution could cross-examine and explore all of that. but it would be to show that george zimmerman's version of events is possible. because there's been a lot of questions about how could he have reached for the gun, you know, how could he have shot from below as he says? is all of this possible? how is it that the body of trayvon martin is so far away from where he says he was? i assume the animation would be putting all that together to show the jury one plausible scenario. >> paul, before we go to break, what do you think generally, even at a policy level of that kind of tool when we see it deployed in cases? everyone understands the prosecution's job is to prove a picture. the defense's job is not to necessarily prove a counterpicture, although lisa is explaining how that might work. but to really poke holes in the picture that the prosecution has tried to put forward. where do you come down on these kind of videos or how effective they can be. >> i think in a ca
we're in the defense case. so it would be for the defense. of course, the prosecution could cross-examine and explore all of that. but it would be to show that george zimmerman's version of events is possible. because there's been a lot of questions about how could he have reached for the gun, you know, how could he have shot from below as he says? is all of this possible? how is it that the body of trayvon martin is so far away from where he says he was? i assume the animation would be putting...
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so the defense is waiting. once they do that the judge will know whether the question constitutes proper impeachment and may or may not allow it. the jury not present because this is the sort of thing that the judge an may decide the jury shouldn't hear. at the end of this what is expected to be the last witness, the step brother of trayvon martin the defense will likely move for a motion for directed verdict of acquittal asking the judge to rule as a matter of law that there is no triable issue of fact for the jury to determine. the prosecutors have failed in their burden to present sufficient evidence for the charge of second degree murder. it's likely going to be denied. let's listen in. >> answer, correct. >> question as a matter of fact you talked to a reporter about whose voice it may have been correct. >> answer yes. >> i want. >> you told that reporter on march 31, 2012 that you weren't sure, correct. >> yes. >> question you said that you handle listened to it i heard it i think it was my brother but i'm
so the defense is waiting. once they do that the judge will know whether the question constitutes proper impeachment and may or may not allow it. the jury not present because this is the sort of thing that the judge an may decide the jury shouldn't hear. at the end of this what is expected to be the last witness, the step brother of trayvon martin the defense will likely move for a motion for directed verdict of acquittal asking the judge to rule as a matter of law that there is no triable...
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how he thinks the defense team is dog. >> i want to bring in ashleigh banfield. so significant, wasn't it, the testimony of this man, dr. v vincent di maio. >> reporter: of course. the lights on behind me, this is a see quested jury so they are getting as much done as fast as they can and accomplished so much with the witness you just talked about. dr. vincent di maio. heard of him? probably. he's like the grand dad of pathology, he was the medical examiner in beaux county in texas and made incredible arguments, e vso many points th prosecution made. listen to the first part, he goes after what the prosecution said. first of all, if george zimmerman tried to put out mva von martin's hands after she hot him, why were the hands under the body f. george zimmerman said trayvon mapp martin said you got me, how is that possible after being shot in the heart? listen to his explanation. >> even if i, right now, reached across, put my hand through your chest, grabbed your heart and ripped it out, you could stand there and talk to me for 10 to 15 seconds or walk over to me,
how he thinks the defense team is dog. >> i want to bring in ashleigh banfield. so significant, wasn't it, the testimony of this man, dr. v vincent di maio. >> reporter: of course. the lights on behind me, this is a see quested jury so they are getting as much done as fast as they can and accomplished so much with the witness you just talked about. dr. vincent di maio. heard of him? probably. he's like the grand dad of pathology, he was the medical examiner in beaux county in texas...
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the defense objected, seeking an all or nothing choice for jurors, who could get the case by friday afternoon. defense attorney mark o'mara spoke today saying the defense has what it needs to acquit in his opinion. he joins us exclusively tonight. we'll talk with one of the martin family attorneys and our legal panel. a full night ahead. let's get you up to date on what happened in court today. martin savidge begins our coverage. >> reporter: it's been the question dominate thing entire trial. would george zimmerman take the stand? and today judge nelson asked him directly. >> have you made a decision? >> yes, your honor. >> what is your decision, sir? >> after consulting with counsel, not to testify, your honor. >> is it your decision not to testify in this case? >> yes, your honor. >> are you making that decision freely and voluntarily? >> yes, your honor. >> reporter: and with that, the defense rested. >> with all that in mind, the defense would rest. >> reporter: much of the day was spent on a use of force consultant who testified based on his analysis that zimmerman was non-confrontation
the defense objected, seeking an all or nothing choice for jurors, who could get the case by friday afternoon. defense attorney mark o'mara spoke today saying the defense has what it needs to acquit in his opinion. he joins us exclusively tonight. we'll talk with one of the martin family attorneys and our legal panel. a full night ahead. let's get you up to date on what happened in court today. martin savidge begins our coverage. >> reporter: it's been the question dominate thing entire...
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could it hurt the defense case? >> we've learned a lot during this trial and seen some things we have never really seen in a courtroom. like an attorney objecting to the judge. this seems to be no love lost between defense attorney don west and judge debra nelson. once again today, the fireworks went off after attorney west asked for a special jury instruction. >> i'm not giving that instruction. >> we submit that's an integral part of our defense and you're in error by not instructing this jury properly on the law. >> i understand. i have already ruled. you have -- you continually disagree with this court every time i make a ruling. i have provided you on three separate occasions with the court's professional conduct in the courtroom. and included in that is do not continue to argue with the court after we've ruled. if i have made a mistake in this case, you will appeal. >> this comes a day after a testy exchange when mr. west tried to object to the judge when she asked mr. zimmerman if he planned on testifying. >>
could it hurt the defense case? >> we've learned a lot during this trial and seen some things we have never really seen in a courtroom. like an attorney objecting to the judge. this seems to be no love lost between defense attorney don west and judge debra nelson. once again today, the fireworks went off after attorney west asked for a special jury instruction. >> i'm not giving that instruction. >> we submit that's an integral part of our defense and you're in error by not...
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debating the prosecutor. defense had closing argument today. then the prosecution had rebuttal argument today. what was happening is defense lawyer is trying to bait the prosecutor to come up with a shred of evidence to try to fill in the blanks that the defense said existed in the prosecution's case. as for the weapon on the cement, you do not have to have one injury to feel that you're in imminent danger of being killed, and that's one of the things they're trying to say, that a lot of talk about injuries and the fact that george zimmerman's head, whether it was big injuries or not big injuries, he was saying yes, george zimmerman had a gun, but cement can be a gun. that was rather dramatic effort in a rather -- i tell you one thing, not the most exciting closing argument, the cement was as exciting as it got from a dramatic point of view. the prosecution say the obvious, they had to build their case, their scar witness can't come into the courtroom and say what happened. their star witness is trayvon martin. natur
debating the prosecutor. defense had closing argument today. then the prosecution had rebuttal argument today. what was happening is defense lawyer is trying to bait the prosecutor to come up with a shred of evidence to try to fill in the blanks that the defense said existed in the prosecution's case. as for the weapon on the cement, you do not have to have one injury to feel that you're in imminent danger of being killed, and that's one of the things they're trying to say, that a lot of talk...
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a big point in the defense expert's testimony. >> how does that play into the idea of self-defense? he was in this struggle, the guy on top of me. afraid for his life. the trajectory, positioning of the gun? >> the trajectory could be consistent with trayvon getting up and moving away once he sees the gun. as opposed to being right on top. the odd thing, ballistics person who looks at the clothes says she doesn't know anything about the skin. bao, who looks at the skin, says he hasn't looked at the clothing. in the normal course, the medical examiner look at thes at the whole trajectory and is able to draw better reconstruction than the two people. that has to come from another person, probably a forensic medical pathology, coming up next week. >> it looks like the prosecution lost a great opportunity to explain just in fact what you did, could be more helpful to your case than dr. baden. he came up, having serious credibility issues. >> i think part of the problem, two experts, a ballistics expert and medical examiner, but they didn't communicate. one talks about clothing, nothing a
a big point in the defense expert's testimony. >> how does that play into the idea of self-defense? he was in this struggle, the guy on top of me. afraid for his life. the trajectory, positioning of the gun? >> the trajectory could be consistent with trayvon getting up and moving away once he sees the gun. as opposed to being right on top. the odd thing, ballistics person who looks at the clothes says she doesn't know anything about the skin. bao, who looks at the skin, says he...
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>> yes. >> acceptable to counsel for the defense? >> yes, your honor. >> i'll rewrite it so it's one handwriting instead of two. >> at that point do you intend to bring them into the courtroom? >> i was just going to give it to them. that way they can reread it over and offver again instead of me just reading it once. >> so obviously what they want them to do, lisa bloom, is let's get a question back from you that is very focused, very specific. >> right. all this boils down to the jury saying we have a question about manslaughter and everybody agrees that the response is, okay, what's your question? can you be more specific? we can't engage in a general discussion about it. the injure cannot come back with general questions on the subject of manslaughter but if they have a specific question about one of the lines in page and a half instruction on manslaughter, they can inquire specifically and perhaps get a response. >> and what john said, if you go through second degree murder and maybe they've come to an agreement, but if they're g
>> yes. >> acceptable to counsel for the defense? >> yes, your honor. >> i'll rewrite it so it's one handwriting instead of two. >> at that point do you intend to bring them into the courtroom? >> i was just going to give it to them. that way they can reread it over and offver again instead of me just reading it once. >> so obviously what they want them to do, lisa bloom, is let's get a question back from you that is very focused, very specific....
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>> not from the state. >> defense? r. >> the next one was the expert witness instruction. and yesterday there was an indication there was no objection from either side. does that remain? >> yes. >> yes. >> defendant testifying we said was not going to be given. is there any objections to that instruction? >> no objection. >> not from the state, your honor. >> yesterday there was an indication there was no objection to that especially instruction being given. is that the same day? you don't have to keep jumping up and down. you can remain seated. >> thank you. whether we're going to personalize these instructions, too? >> all of them. everything will be conforming. >> kyes. no objection. >> rules for deliberation. yesterday there was an indication there was no objection to this instruction. does that remain the same today? >> yes. >> your honor, if i may as to the substitution of the names, do you want that in the title, too? >> everywhere. thank you. then the instruction on notes, indication yesterday, there was no obje
>> not from the state. >> defense? r. >> the next one was the expert witness instruction. and yesterday there was an indication there was no objection from either side. does that remain? >> yes. >> yes. >> defendant testifying we said was not going to be given. is there any objections to that instruction? >> no objection. >> not from the state, your honor. >> yesterday there was an indication there was no objection to that especially...
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was that the defense argument? rgument that was just made, and i know, sunny, you're outside the court, but while we've been discussing it, i just got this as a tweet. one of the arguments the defense was making, i don't know whether they specifically referenced the mma thing, but they said it's not about reputation, it's about physical capabilities and martin's knowledge of fighting. there was a tweet to somebody saying to trayvon martin, when are you going to teach me to fight? the defense saying that's an indication he knew how to fight and had been discussing it. >> i can see where the defense would be arguing, look, there's been testimony about somebody on testimony mma style, a pound and ground and things of that nature, and the prosecution got in the references and the records of mma fighting which caused the trainer to come in yesterday. her honor may struggle with this and she may do a solomon-like thing and eliminate the animation and say i'm going to take that away but let you have the tweets. >> everybod
was that the defense argument? rgument that was just made, and i know, sunny, you're outside the court, but while we've been discussing it, i just got this as a tweet. one of the arguments the defense was making, i don't know whether they specifically referenced the mma thing, but they said it's not about reputation, it's about physical capabilities and martin's knowledge of fighting. there was a tweet to somebody saying to trayvon martin, when are you going to teach me to fight? the defense...
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now, the defense has a real tactical issue. it gets brought up during the course of the closing? that's a big part of the state's case and it didn't really get -- >> during closings, this is a little known fact, not many times do you see objections. it's not considered to be a good thing to do. during jodi arias's closing, a dozen or so objections. really strange. >> that might speak to the entire profession. less and less professionalism is given. both sides, you put up the white flag at that point and you go ahead and let everybody make their arguments. >> your colleague here, don west, is now talking about the great bodily issue and let's get analysis afterwards. >> for the court to deviate from the jury instructions with something specific that doesn't apply, that's not an accurate statement of the law or definition that has been approved in self-defense cases. this is treading on very thin ice for this court, very thin ice for the court under these circumstances to instruct this jury on something that just isn't the law. >>
now, the defense has a real tactical issue. it gets brought up during the course of the closing? that's a big part of the state's case and it didn't really get -- >> during closings, this is a little known fact, not many times do you see objections. it's not considered to be a good thing to do. during jodi arias's closing, a dozen or so objections. really strange. >> that might speak to the entire profession. less and less professionalism is given. both sides, you put up the white...
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the defense fought hard pr the toxicology reports come in.oing to let this case end without putting a toxicologist on the stand. then to the end on that or a person we haven't seen in that courtroom is the father of george zimmerman. he was a magistrate judge for his career along with being in the military. could they end on him? >> that's what i'm waiting on. thank you for that. thank you to all my guests and thank you as well for watching today. cnn continues its live coverage here in sanford, florida. the george zimmerman murder trial right after the break. >>> dramatic moments at the george zimmerman second-degree murder trial. the prosecution uses a dummy to challenge the defense witness but zimmerman's defense tries to turn the table. >>> here is a look at other big stories. arraignment day for the suspect in the boston marathon bombing. he faces a judge and the family members of the victims. >>> the pilots of the planes that crash landed in san francisco were not tested for drugs or alcohol. why they were not allowed to take blood samp
the defense fought hard pr the toxicology reports come in.oing to let this case end without putting a toxicologist on the stand. then to the end on that or a person we haven't seen in that courtroom is the father of george zimmerman. he was a magistrate judge for his career along with being in the military. could they end on him? >> that's what i'm waiting on. thank you for that. thank you to all my guests and thank you as well for watching today. cnn continues its live coverage here in...
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a witness for the defense. a big ruling from the bench. good evening. welcome to another special report, self-defense or murder, the george zimmerman trial. the judge this afternoon allowing attorneys for george zimmerman to introduce evidence that trayvon martin had thc in his system, the active ingredient in marijuana when he died. how significant that is remains to be seen. we'll talk about that in the hour ahead. prosecutors fought hard to keep the evidence out, calling it a back doorway of tarnishing trayvon martin's character in the eyes of the jury. zimmerman's drug use has always come up showing that he was on anxiety and sleep medications on the night of the shooting. there's yet to be a ruling on the admissibility of that. and also powerful testimony as well. a lot to get to in the hour ahead. martin savidge reports. >> reporter: it was another remarkable moment. the father of trayvon martin taking the stand, questioned by the attorney defending the killer of his son. earlier two police investigators testified that just days after the shooting,
a witness for the defense. a big ruling from the bench. good evening. welcome to another special report, self-defense or murder, the george zimmerman trial. the judge this afternoon allowing attorneys for george zimmerman to introduce evidence that trayvon martin had thc in his system, the active ingredient in marijuana when he died. how significant that is remains to be seen. we'll talk about that in the hour ahead. prosecutors fought hard to keep the evidence out, calling it a back doorway of...
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this was a very good witness for the defense. it almost sounded like a class when he was explaining his ideas about what he knew. it was quiet in the courtroom. everyone was paying attention. they did an outstanding job stand up and say he had no information and was not givenen. he also got him to admit that he did not talk about and couldn't talk about who may have initiated the fight. and then finally the third thing they did that i thought was good for this witness from the prosecution's perspective was to get him to admit that he relied on his opinion based on their previous witnesses' report. i think that's what you have to do with an expert that comes across so credibly, you have to put him in a box and make sure the jury understands that his credibility is only limited to a very small part of this picture. >> judge alex, do you give the prosecution the high marks that paul henderson is for doing what they were able to do with dr. di maio? >> no, not even close. honestly, the prosecution stood up there and said, you can't sa
this was a very good witness for the defense. it almost sounded like a class when he was explaining his ideas about what he knew. it was quiet in the courtroom. everyone was paying attention. they did an outstanding job stand up and say he had no information and was not givenen. he also got him to admit that he did not talk about and couldn't talk about who may have initiated the fight. and then finally the third thing they did that i thought was good for this witness from the prosecution's...
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the defense wants to get them in. one of the text messages has to do with the sale of a gun or possibly the sale of a gun that trayvon was buying it or selling it according to the defense, and they believe that should play into tomorrow's testimony showing that he knew how to fight. and knew the workings of a gun. >> also, the animated video defense wants to put an animated video in their argument today, did the judge rule on whether or not that would be admissibladmi? >> essentially the guy that put this video together, this animation together, he's out of california and used technology similar to what would have been used in avatar. you suit people up with these high-tech suits, it all goes back to a computer, where they're able to see the exact movements, they wanted to show a computer animation of trayvon martin and george zimmerman meeting at the t that we all know about in the middle of the neighborhood. and supposedly this is where trayvon martin threw the first punch. according to the defense, that's what's sho
the defense wants to get them in. one of the text messages has to do with the sale of a gun or possibly the sale of a gun that trayvon was buying it or selling it according to the defense, and they believe that should play into tomorrow's testimony showing that he knew how to fight. and knew the workings of a gun. >> also, the animated video defense wants to put an animated video in their argument today, did the judge rule on whether or not that would be admissibladmi? >>...
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and what will the defense do to counter it? er prosecutor marcia clark and billy martin. hello to both of you. >> hello, reverend. >> billy, big picture moving forward. how did the prosecution do, and what do the defense attorneys have to respond to? >> well, the prosecution put in a lot of evidence, reverend, but i think they opened the door for defense council to really go at and try to poke holes in their case. and they did so. i think the defense has done a very good job. now, i'm not in the courtroom and i can't see the reaction of the jury. but by putting on a detective to talk about the story or the statement that mr. zimmerman made, it allowed zimmerman's story to come out in the prosecution's case. it brought zimmerman into the prosecution's case. on the web of lies they're trying to show that he lacks credibility. but there is a risk whenever you try that tactic. and that risk is that you keep allowing the defense to put his case in during the prosecution's case. so while they have put in a lot of evidence, they've als
and what will the defense do to counter it? er prosecutor marcia clark and billy martin. hello to both of you. >> hello, reverend. >> billy, big picture moving forward. how did the prosecution do, and what do the defense attorneys have to respond to? >> well, the prosecution put in a lot of evidence, reverend, but i think they opened the door for defense council to really go at and try to poke holes in their case. and they did so. i think the defense has done a very good job....
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he is detained at the ministry of defense. warrants have been issued for the muslim brotherhood. >>> the south african government is denying reports that nelson man dale is in a vegetative state. officials say the former president remains in critical, but stable condition. court documents show mandela's health declined so sharply last week that his family was advised by cross turn off his life support machine. mandela is 94 years old. >>> paula deen is parting ways with the agent who helped make her a star. she thanked barry weiner for his dedication over the years. since deen admitted using the "n" word, a dozen companies stopped doing business with her. >> for the first time since she received new lung, the 10-year-old who sued to challenge national transplant rules is seen in the video mouthing hi and i love you. sarah received a second lung transplant after the first set of lungs failed. she still cannot breathe without the-a machine. >>> now a cnn special, self-defense or murder, the george zimmerman trial. >>> the defense
he is detained at the ministry of defense. warrants have been issued for the muslim brotherhood. >>> the south african government is denying reports that nelson man dale is in a vegetative state. officials say the former president remains in critical, but stable condition. court documents show mandela's health declined so sharply last week that his family was advised by cross turn off his life support machine. mandela is 94 years old. >>> paula deen is parting ways with the...
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that's what the defense is going to say. but i thought capturing that rather than getting in the weeds where we have spent so much of the last three weeks was -- >> you think they did get into the weeds where they talk about witnesses from last week. mark, you've been very critical of the prosecution from day one. you could not come up with one best moment in the prosecution's closing argument? >> not one. not one. i thought it was abysmal. like i say, i can hardly wait to watch sunny's mcdreamy tomorrow, because i'm sure this will be the greatest closing argument since clarence daro was resuscitated. i was watch thing and i have no idea what trial i'm watching. apparently that last tape you played, he wasn't yelling. the one before that was not yelling, so i'm going to get my hearing checked. apparently everything else i watched is not what i'm watching. so i'm going to start believing what sunny tells me and i'm going to start ignoring everything that i watch on tv. >> i don't know. that clip we just showed, i didn't hear y
that's what the defense is going to say. but i thought capturing that rather than getting in the weeds where we have spent so much of the last three weeks was -- >> you think they did get into the weeds where they talk about witnesses from last week. mark, you've been very critical of the prosecution from day one. you could not come up with one best moment in the prosecution's closing argument? >> not one. not one. i thought it was abysmal. like i say, i can hardly wait to watch...
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it's the defense's turn tomorrow. our panel will weigh in on how mark o'hara and his team have done throughout the trial and what they're going to be looking for in the closing arguments. i spoke to mark last night on the program. he gave us some insight how he prepares for a closing argument like this. we're going to look at the judge debra nelson laying down the law. tonight we're taking a closer look how she's presided over this trial. teaching tools for success, and fostering creativity. these programs are empowering people to lead positive change, and helping them discover how great a little balance can feel. through initiatives like these, our goal is to inspire more than three million people to rediscover the joy of being active this summer. see the difference all of us can make, together. i'm gonna have to ask you to power down your little word game. i think your friends will understand. oh...no, it's actually my geico app...see? ...i just uh paid my bill. did you really? from the plane? yeah, i can manage my p
it's the defense's turn tomorrow. our panel will weigh in on how mark o'hara and his team have done throughout the trial and what they're going to be looking for in the closing arguments. i spoke to mark last night on the program. he gave us some insight how he prepares for a closing argument like this. we're going to look at the judge debra nelson laying down the law. tonight we're taking a closer look how she's presided over this trial. teaching tools for success, and fostering creativity....
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i think the facts in this case support nothing but self-defense. if the jury doesn't buy self-defense and thinks he acted in ill will, spite and hay friday, they can convict on second-degree murder. if that's the theory of the state's case, manslaughter is not appropriate. doesn't fit the facts of the case and i don't want the jury to have what they prosteve to be compromised. they should look at the facts, the law and apply it. >> what a lot of people watching may not realize is aggravated assault carries the potential of life in prison for the florida gun statute, the same if he was convicted of second-degree murder. >> potentially. it depends how they charge it and what the jury comes back with but manslaughter is a serious charge, as well. >> the judge said you can't use the 3 d but can use them for the closing statement. is that the best case scenario, show the reenactment, prosecution doesn't get to attack it on cross-examination. >> perfect answer. yes, that's true. the animation didn't need to be in evidence. i would like to have it there. i
i think the facts in this case support nothing but self-defense. if the jury doesn't buy self-defense and thinks he acted in ill will, spite and hay friday, they can convict on second-degree murder. if that's the theory of the state's case, manslaughter is not appropriate. doesn't fit the facts of the case and i don't want the jury to have what they prosteve to be compromised. they should look at the facts, the law and apply it. >> what a lot of people watching may not realize is...
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does that help the defense? >> well, that's a good question, chuck. that's the question that's been kicked around a lot over the past 24 hours. you probably recall initially judge nelson decided that this toxicology report would not be allowed into evidence in terms of opening statements. she said she would revisit it later in the trial. yesterday we saw her revisiting the issue. also some of this was brought to light because of dr. bao. you remember his testimony. in the course of his testimony he indicated in november he determined the amount of marijuana in trayvon martin's system would have little to no effect on his behavior that night in february of last year. then apparently two or three months ago dr. bao changed his mind, based on some books that he read and some research he poured over. then he decided that, well, okay maybe the marijuana did have some sort of an effect on his behavior that night. that's part of it. the other part of it is, of course, this idea that the defense has introduced that george zimmerman when he saw trayvon martin,
does that help the defense? >> well, that's a good question, chuck. that's the question that's been kicked around a lot over the past 24 hours. you probably recall initially judge nelson decided that this toxicology report would not be allowed into evidence in terms of opening statements. she said she would revisit it later in the trial. yesterday we saw her revisiting the issue. also some of this was brought to light because of dr. bao. you remember his testimony. in the course of his...