mr. martin. stateme at the same time, the defense could make the point that there was another person in the room who knew his voice and could have stepped up to make that statement and did not. they have two people in that room that ultimately could be hurtful. >> let's go back in. we're listening to defense witness adam pollack. >> tell me if you would what your first experience was in this area that you've taken on as your career. >> i started in the gym at about 4 years old. i've been in the gyms my entire life. i started as a competitive athlete and worked into a trainer and that eventually led into being a gym owner and kind of worked its way. that's what i do now. >> when you say competitive athlete, tell us a bit more about what that means. >> i started off as a child playing a variety of competitive sports, including soccer, basketball, racketball, fighting for boxing and mai tai. >> tell me about your experience in fighting. >> i've been involved in fight training for a majority of my li

mr. martin? >> no, sir. >> know it was undoubtedly a very emotional time for mr. martin and also for you, do you have any concern that he understood your question and that he answered it by saying no? >> no, sir. >> thank you. nothing further, your honor. >> thank you. >> you were asked about information you had prior to that. >> yes, sir. >> and you mentioned mr. goode, correct? you mentioned mr. goode and the defendant, mr. zimmerman, correct? >> i didn't mention mr. zimmerman. that was an opinion of mr. zimmerman. >> okay. you mentioned tim smith. >> yes, sir. >> that he had actually heard the call, or he just said this is what mr. zimmerman said? >> yes. >> okay. right? >> yes, based on what mr. zimmerman said to officer smith. >> right. and you recall when you played that recording to mr. zimmerman, that mr. zimmerman said, it doesn't sound like me. you recall that? >> yes, i do. >> in terms of you played that 911 call, and he told you, it doesn't sound like me, correct? >> i believe his words were, that doesn't even sound like me. >> thank you. thank you, sir

mr. martin was shot. >> dr.i maio, i'm going to show you what's marked as state's exhibit 96, which is a photograph taken at the medical examiner's office, showing the entrance wound. it may take a minute to warm this up, so let me, if i might approach the witness, and perhaps you can point out what you're seeing to the jury. if you look what you see is the hole produced by the bullet. that's essentially a punched out type entrance. and then all around the entrance, you see these little marks, almost like flea bites or ant bites. not fire ants, but regular ants. but little bite marks, all around. and these are powder tattoo marks. and because they're red and reddish brown, that indicates the person was alive. and if you notice, there's a variation in the density, and there's a measurement of about 2 inches by 2 inches, according to the autopsy report. this cases, again, that he was alive at the time he was shot and that the muzzle was not in contact, but had to be back. the first time you see powder tattoo marks

mr. martin had taken off running or mr. zimmerman is not confrontational. he announced that mr. martin took off running, that's when he gets out and is following. the operator asks, are you following him? he says, yes, i am. it's because there's no threat. he took off running. everything about that one call that leads up indicates that he had concern for his safety. i can hear it in his voice. then when he interacts with him and he's coming back, he's face to face, he's not confrontational. he's looking at him. you can hear in the voice that he's talking to the dispatcher. then when mr. martin is leaving again, suddenly his vernacular is strengthened and he struck me as the type of person that doesn't have a problem with telling you that someone is a jerk. i lost the question. i apologize. i was going somewhere, i don't know where it was. >> you were. i was going to let you go. we'll refocus it. >> let's go to where i was going to. >> do you have plans for the jury to go out for lunch and it's going to take an extra long lunchtime. is this a good breaking point? >> it is, your ho

mr. goode saw, trayvon martin straddling and striking mr. zimmerman with mr.merman on his back, consistent with the forensic evidence that you found at the time of the shot? >> yes, sir. >> that statement, i take it, is separate and apart from mr. zimmerman's statement describing essentially the same thing. >> right. but again, i would not have used that to give my opinion. i have to use the physical evidence in conjunction with the statement of mr. zimmerman. >> the -- you pointed out in your direct evidence that there were two lacerations on the back of mr. zimmerman's head and that you testified that you believed those two have been from separate impacts. >> yes, sir. >> because you could see the sort of valley in between. >> yes, sir. >> those were the two blows that created the lacerations. >> right, in addition they were so separate that if you impacted one, you couldn't get the other one. so there were two reasons. >> your testimony was that was consistent with having mr. zimmerman's head struck at least twice on a surface like concrete. >> objection as

mr. martin was shot. >> dr. di maio, i'm going to show you what is marked at state's exhibit 96, which is a photograph taken at the medical examiner's office showing the entrance wound. it may take a minute to warm this up so if i might approach the witness and perhaps you could point out what you're saying to the jury. >> yes, sir. if you look, what you see is the hole produced by the bullet and that is essentially a punched out type entrance and then all around the entrance, you see these little marks. almost like flea bites or ant bites. not fire ants but regular ants. little bite marks all around. and these are powder tattoo marks. because they are red and reddish brown, that indicates the person was alive. and if you notice, there is a variation to the density and there is a measurement of about two inches by two inches according to the autopsy report. this indicates, again, that he was alive at the time he was shot. and that the muzzle was not in contact, but had to be back. the first time you see powder t

mr. martin he was going to call 911 and mr. ontinued to ignore him and continued to batter my client in whatever form or fashion however number of times he did that ended up with the injuries that my client had. they can't ignore that evidence to a jury and they really should not be able to ignore it to you on a judgment of acquittal argument. >> argument on behalf of the state? >> thank you. respectfully mr. o'mara gets the arguments backwards for starters because justifiable use of deadly force is a defense for which the defendant actually bears the initial burden and i'm not arguing necessarily that he didn't need it but because it is a defense, the first inquiry that has to be undertaken is the elements of the crime itself of second-degree murder. only then do we move to the issue of whether or not there is sufficient evidence to dispute the defense of justifiable use of deadly force. so the first thing that should be addressed is the elements of the actual crime that the state bears the burden of proving. the intent and sta

mr. martin by mr. zimmerman? >> no. >> now, let's go to the point after the shot is fired.ur background and training and experience of people involved in shootings, how are -- as an example, how are law enforcement shootings handled as far as the interview of the person who is shot? >> generally speaking, with law enforcement-involved shootings, it's -- they do -- >> o, your honor. i object to relevance. >> respond, still want him to speak. >> i think to put it into context, i'll give you some leeway. >> thank you. >> just so we are clear to that. the majority of your experience and training is because of your law enforcement background, you deal with law enforcement events, correct? >> yes. >> have you had experience where you handled nonlaw enforcement shooting events? >> yes. >> so do you have experience level that covers both law enforcement and nonlaw enforcement shootings? >> yes. >> is the majority of your experience in law enforcement shootings? >> yes. >> by nature of you being a cop. >> yes. and just retired a couple of years ago. >> realizing that, using the comp

mr. martin? >> at which point, sir? >> the point the officer said -- nonemergency operator said we don't need you to do that and mr. zimmerman said okay. >> i would say yes, there was. >> what -- what evidence would you have? >> end location. >> soar. >> i end location. where the incident ultimately end. >> the fact that -- may i approach the witness, your honor? state's exhibit 139. because you know the event started where? >> the event as far as i'm concerned, started off that map. >> okay. talking about the pass cal altercation. i apologize. my understanding from -- what's your understanding as to when mr. zimmerman got to this area, what path he took. >> may i stand? >> please do. >> would you face forward? >> yes. >> my understand sing he's coming this way and he walks. okay. he walks all the way over here. he says he doesn't see him. he says he doesn't see him. okay. and the altercation, physical altercation, started right there approximately. >> okay. great. thank you. with that as context then, do you know exactl

mr. martin's body was at the scene. >> yes. >> at least to some degree, unprotected from the elements. >> objection. >> i don't know. >> there is no factual basis for that. >> please rephrase your question. >> you cannot ask me questions i don't know. if it is yes, it's wrong. if it's no, it's wrong. >> well, you know the hands weren't bagged, correct? >> i did not see that. >> uh-huh. you know the body was at the scene for about three hours. >> i don't know -- >> based upon -- >> all i know, his body was at the scene for some period of time. i do not have timeline. >> wouldn't you have reviewed the notes of the investigator as part of your overall understanding of the event in anticipation and participation for the autopsy? >> no. actually, it's not. >> you don't have any idea what is supposed to have happened when you do the autopsy? >> all i know was in the morning i did autopsy. he was shot. he's dead. >> so you had no idea what anyone had said about what had happened the night before. >> i told mr. o'mara i didn't have any

mr. martin. the ill will and hatred argument, basically in the light case, it was just not ill will because the courts looked to two other cases for the instruction on ill will, spite and hatred. that being williams versus state at 764 72nd 177. another second dca case. and mcdaniel versus state, 620 72nd 1308. fourth dca case. to begin the analysis that even extremely reckless behavior itself would be insufficient for you to infer any malice that would suggest second degree. i guess in this case, had trayvon martin pushed my client as happened in the light case when he actually hit him in the genitals, had trayvon martin pushed my client and my client just reeled back, took out his gun and shot him, under light i'm not certain that would have been ill will, malice and hatred. because the other overriding necessity in an ill will and spite and hatred case, i know the court is aware, is second-degree murder for ill will, spite and hatred not exclusively, because they'll never say never, but almost

mr. martin. i stand on the shoulders of strong visionaries and ancestors who toiled and shoveled, the high and neared -- up high neared for us to gather here we need to discuss enhancing programs, policy, and practices that among other things increase black male andess, entrepreneurship leadership development opportunity in change -- and change private thoughts and negative public conversations about black boys and men into words and deeds that supports success. as a former congressional black caucus fellow who have the privilege of beginning my career working for congressman charles wrangle, and now serving as the executive director the white house initiative on educational excellence for african- americans, i have the opportunity to ensure that the ministration is a thoughtful partner in supporting african- american learning and development. the work the initiative has there been more important. to assure we no longer avoid tough conversations about investing in our children and protecting them

mr. martin in the 7-eleven. 33, a picture of mr. martin's pants. 34, a second still of mr. retreat at twin circle -- twin lakes, i'm sorry, area inquiry. >> 36 is a larger aerial photograph of the entire area of that portion of sanford. 37 is a large aerial of retreat at twin lakes. and then 38 is a medical m.e. investigator's picture of the scene. then if it -- if admitted, then 39 would be the timeline we talked about. there are two other loose ends. one is what we talked about with the judicial notice of the weather. we came up with a more accurate one for the 26th. that's going to be substituted. that's close to me, but not in my hands. i'll get that to you as soon as we can. >> is that stipulated as a substitution for state's exhibit 213? >> yes, it is. >> as soon as you get it, trish, will you allow that to be substituted for the one you have. >> the next one would be the same exact type of exhibit for the 27th of february. >> do you want that as composited state's -- >> we planned them as separate so we would not mess up -- >> we'll substitute 213 for the new one. and

mr. martin's phone is sustained. at this time, mr. zimmerman, i need to advise you of some rights you have. if you could please stand for one moment. in any criminal trial you have the right to remain silent. during this trial, you do not have to say anythin, do anything or prove anything, you understand that? >> yes, your honor. >> you also have the right to testify, if you want to. that is the decision that you, alone, have to make. i mean the final decision is yours. but i want you to make sure you're having conversations with your attorneys about whether or not you're going to testify and i'm going to ask you again later whether or not you've had those discussions. i don't need to know what you talked about, but just that you had the discussions and then if you have made up your mind and i'll ask you some questions on that. must be thinking about that now. thank you, sir. >> matter the reference text messages. not the only basis that admissibility was sought. and the notion that it is relevant evidence and there is no hearsay obje

mr. zimmerman says happened. he says trayvon martinhe gun that night and then reached for it, justifying mr. zimmerman's use of deadly force in self-defense. >> i had my firearm on my right side hip. my jacket moved up, and he saw it. i feel like he saw it. he looked at it. he said you're going to die tonight [ bleep ]. and he reached for it, but he reached like i felt his arm going down to my side. and i grabbed it, and i just grabbed my firearm and shot him. >> he saw it. i feel like he saw it. even then george zimmerman seems to show some hesitation about whether trayvon martin actually saw his gun. if trayvon martin didn't see it, then the jury might wonder if he actually reached for it. here is faith jenkin, lisa bloom and ken padowitz. lisa, you first brought this issue to our attention. how important is this in the trial? >> yeah, i've been looking at this all weekend. and let's start with the internal holster. it's worn inside the pants, inside the waistband, and in the back of the pants. and zimmerman would have had a shirt an

mr. martin on top of him mr. martin was the aggressor and strikes were being rained down and he was physically incapable of responding, screaming for help. wanting somebody to help him out of a bad situation and maybe he was pushing. i wasn't there so i can't say what his hands were doing. if you're the aggressor in the fight how can you be the aggressor and not hurt somebody. in this situation if he's screaming there's an absence of injury he wasn't the one throwing strikes. desert you ♪ ♪ i'll stand by you yeaaaah! yeah. so that's our loyalty program. you're automatically enrolled, and the longer you stay, the more rewards you get. great! oh! ♪ i'll stand by you ♪ won't let nobody hurt you ♪ isn't there a simpler way to explain the loyalty program? yes. standing by you from day one. now, that's progressive. when she was only fifteen hours first open hold. surgery... handing her over for surgery is the hardest thing i've... ever had to do. before obamacare, insurance companies could put lifetime... caps on your h

mr. martin. you are very kind to come with mr. martin, the man who so ably represent him mr. benjamin crump. he worked -- we are pleased that you could be with us as well. the cochair of the caucus has arrived and i should ask him if he wants to give opening words at this event. >> thank you very much. the only thing that i really need to say is to thank first of all all of the members of the caucus and i want to thank you for being the inspiration and part of the reason that we have established this conference. i want to thank all of the members of the congressional black caucus and other members of congress who have joined in and in fact are attempting to have the caucus function in such a way that we end up with not only looking at problems but generating results. then i want to thank our esteemed group of panelists who have joined us particularly the two gentlemen that i have worked with for a number of years and a former member of this body, former chairman of this caucus actually the honorable kweisi mfume and of course my good friend from chicago. he has moved to a lot

mr. martin be excused? >> yes, your honor. subject to recall. >> mr. o'mara, may mr. martin step down? >> certainly. >> you may step down. call your next witness, please >> we've just been listening to plaintive and painful testimony from tracy martin, the father of trayvon martin, speaking about those phone calls, the 911 calls, and i'm joined now by jonathan capehart of "the washington post" and lisa bloom, who is our msnbc expert. and jonathan actually asked you, lisa, just before mr. trayvon took the stand, whether mr. martin, sorry, took the stand, whether you thought it would be a good idea for the defense to call him. and your reaction was no. >> that's right. and that's still my answer. i agree with the answer they gave before. you know, i don't think that was particularly helpful, to the defense. you know, i think it's kind of overkill at this point. and this is a very, very sympathetic man. i think any of us can understand, if your son has been killed, unexpectedly, at a young age, and you're at the police station and you're answering questions, you're going to be beyond daze

mr. martin is here to speak. >> good afternoon, supervisors. mike martin, office of economic can work force development. the item before you is a piece of my office's work in coordinating approvals for the america's cup. as noted in the recitals, the host agreement calls for the city to pursue with relevant governmental authorities a number of different authorizations for things like, for example, the use of the course area. so, we work with the coast guard on that. also pursuing permits to use the various spectator venues along the waterfront. the agreement also calls for appropriate flight restrictions over the race area. as noted in the ordinance itself, we have been working with the federal aviation administration on whether a temporary flight restriction could be put in place that would sort of fully de-conflict the race course congestion as the race courses increase over the summer. thus far the federal agencies we've been working with have been cooperative, but they say that type of instrument is not available. in doing further research,

mr. martin was doing.re looking for me to say if i don't know trayvon martin was doing this one specific thing, we're talking about the totality of how i formed my opinion. you're asking me about what he was doing at that time. it appears clear through the eviden evidence. if you want me to surmise and say based on your perspective, he wasn't doing this. >> i don't want you to surmise anything. i asked you a simple question. do you know what trayvon martin was doing at the moment he was shot? >> i personally was not there, so i cannot attest to specifically knowing exactly what mr. martin was doing at the time. i can only base my opinion on the totality of the evidence as i've learned it throughout my exploration of this case. >> which includes your perceptions or his perceptions as he told them to you, right? didn't you say the defendant's perception is important? >> the perception of an individual involved in any conflict is what you have to take into consideration when making a forced decision. so the p

mr. martin's hooded sweatshirt. this is in evidence as exhibit 148.e can of a fruit beverage. >> yes, sir. >> do you find those facts consistent with what you saw as well as consistent with what mr. zimmerman said happened? >> this would tend to reenforce. the reason as you bend forward the clothing falls away from the body is gravity. if you have wet clothing, clothing is heavier and there's going to be be a greater tendency to fall. if you have something in the front pulling the shirt down as you lean over, again it tends to pull away from the body. the wound itself by the gap, by the powder tattooing in the face of contact of the clothing indicates this is consistent with mr. zimmerman's account that he mr. martin was over him leaning forward at the time of the shot. >> and you can be guaranteed the prosecutor is taking copious notes figuring out during this break what do i do to dismantle that. coming up after the break all of the things you missed, even if you were glued to that television there's a very big courtroom and the cameras don't catch

mr. martin's half brother, dimitrius martin asking trayvon martin, when are you going to teach me me how to fight. >> right before court recessed, tensions got high inside the courtroom. the prosecution counters mr. west saying that there's no way to tell, and actually, the judge mentioned that there's no way to tell exactly when those text messages were sent or who may have sent them. who may have access to trayvon martin's cell phone. there's no evidence that it was trayvon martin himself, the judge said, sending those texts or pictures. the prosecution saying no evidence of exactly when those pictures of trayvon martin, when a picture of a gun was taken, exactly who was in the photograph. then the defense countered, saying that he was exhausted and he could not keep up this pace. earlier in these lengthy hearing in which the defense complained about the prosecution tactics, the two sides complained and fought against a computer re-ena re-enactment. the judge said she's going to weigh the arguments tonight, rule tomorrow, the text, the photos, tomorrow and make her ruling. it's unclear

mr. martin as there are mr. zimmerman.at's going to carry a date with the jury or not. i think they are more inclined to look at the injuries and determine whether or not the justified with a reasonable belief of fear of great bodily harm and then go from there. no one saw the first punch. no one knows how it started, as i understand it, even as of now and there was a fight and there are some witnesses saying one was on top and one -- and another was. all we know for a fact is this young man was killed, and that's tragic. >> cheney mason, as always, thank you very much indeed. >> you're welcome. >>> next, reasonable doubt, as the defense created in the minds of the jury whether zimmerman is found not guilty. i'll talk about it tonight in law and disorder. that's coming up next. [ kitchen counselor ] introducing cascade platinum. its triple cleaning formula delivers brilliant shine that finish gel can't beat. it even helps keep your dishwasher sparkling. new cascade platinum is cascade's best. it even helps keep your dishwa

mr. martin because of s race. >> that is the tricky thing, because race was essentially ese taken out. difficult perhaps are to some te

mr. martin and ms. green to your office?ring them up to speed as far as the progress of the investigation, where we were at that point. >> okay. they had some concerns, did they not, as to whether or not mr. zimmerman at that point had been arrested. >> yes, sir. >> okay. were you sharing with them your progress, what was done and still needed to be done? >> yes, sir. >> and can you outline the setting, where you were when you had this conversation with the two of them? >> we conducted a meeting in the conference room that we have in the police department on the second floor, and i -- and after that i went ahead and played the

mr. martin at 7-eleven. 33 a picture of mr. martin's hand. 34 is second still of mr. in at the 7-eleven. 35 an aerial view of the retreat at twin circle 36 is a larger aerial photograph of the entire area of that portion of sanford. 37 is a large aerial of retreat at twin lakes. and 38 is a medical pending investigation picture of the scene. if admitted then 39 would be the time line we talked about. two other loose enters ends. one we talked about the judicial notice of the weather. we came up for more accurate one for 26 and that will be substituted, that is close to me but not in my hands. >> with that stipulated for state's exhibit 213? so as soon as you get it. trish, will you allow that to be substituted for the one you have? >> next one would be the same exact exhibited for the 27th of february. >> a composite state's exhibit or do you want the other one? >> we planted them separate so we would not mess them up. >> we'll substitute 213 for the new one and make the second one for the february 27th, defense exhibit 40. >> thank you. >> and your honor, the only oth

mr. martin. and i do actually appreciate this coming to us. we actually -- our office fields a number of complaints regarding aerial commercial planes that fly over the neighborhood, particularly around the giants game. and it's actually great to hear that honolulu has already done an overall ban that's been upheld by the 9th circuit but because i think this is something of incredible interest to the large r community and city. so, i'm curious if you've done any more work in terms whatv that ban would look like city-wide. >> we haven't. we've really tried to keep our focus on the events. i would say, though, that the case itself for the honolulu case, i have reviewed that. and while i'm not a practicing lawyer in this field, i think it was pretty clear that the compelling interest of honolulu in safeguardingits natural views for its tourism industry was something that was sufficient to justify a content neutral ban, so, one that doesn't favor one content over another, but says no types of advertising being pulled behind aircraft. so, clearly t

mr. martin being over mr. zimmerman. >> and is it not also consistent with mr. from zimmerman on the ground and you would have the same angle, he's pulling away and zimmerman shooting him at that time? >> yes. >> jean, how big of a deal is it for prosecutors to get a defense witness to concede, especially a defense witness as experienced as di maio to concede that george zimmerman may have been on top when trayvon martin was shot or that trayvon martin was pulling away, trying to get away? it seems like basically the prosecutor got di maio to say that this theory might be consistent and this theory also might be consistent. >> right. it's a very big deal for the prosecutor to be able to get the defense expert to concede to a point. and also i think it allowed the jury and those of us sitting in the courtroom to listen to what the prosecution's theory is going to be. we now know that the prosecution's theory most likely is going to be that they both were standing and that george zimmerman pulled the gun and that trayvon martin with the ho hoodie that is normally w

mr. martin. there is no witness that says that mr. martin was below. the evidence shows that mr. zimmerman was below and was the victim of the pummelling. >> one last word from valerie, if i can. the standard of proof is on the prosecution in this case. after the testimony of that one eyewitness last week, that is a very high bar to overcome at this point, in terms of reasonable doubt. what is the consensus among those in the courtroom? >> i think the consensus right now is the prosecutions have a lot of work to do ahead of them, also, going back to him, george zimmerman changing his story, he said in recordings, i have a bad memory and by the way, when he did say that, tracy martin, trayvon martin's father, shaking his head like that. but he said i do have a bad memory and some of the stories do keep on changing. >> we're looking at small details here and i think the big picture is an eyewitness, ground and pound, fists going down. that's hard to overcome. >> you have to look at it together. no witness corroborates that his head was pummeled into the ground, no witness that he h

mr. martin, trayvon martin, lost his life. it was not an act of murder. it was not an act of manslaughter. the jury has spoken. our judicial system has spoken. but that does not diminish the tragedy. >> now, that's robert zimmerman jr. he's going to be joining chris and i in a few minutes and we're going it talk about -- we've got a lot to talk about. we're going to talk about the trial, the verdict, and of course his brother's future from here onout. now, trayvon martin's parents, they were not in the courtroom when the verdict was announced, but they shared their thoughts on twitter. martin's father, tracy, tweeted this -- "even though i am brokenhearted, my faith is unshattered. i will always love my baby tray." now martin's mother, sybrina fulton, she tweeted this -- "lord, during my darkest hours i lean on you. you are all that i have at the end of the day. god is still in control. thank you all for your prayers," she went on to say, "and support. i will love you forever, trayvon. in the name of jesus." the martin family attorney called the verdict h

mr. martin. you are kind to come with mr. martin. the man who abledly representatives him. mr. you are -- we are pleased you could be here as well. the co-chair of the caucus has arrived. i should ask him if he want to say an opening word at the event. >> thank you very much. the only thing i really need say is to thank, first of all, all of the members of the caucus. i want to thank you for being inspiration and part of the reason that we have established this caucus. i want to thank the member of the congressional black caucus and other members of congress who have joined and are in fact attempting to have the caucus function in such a way that we end up with not only looking at problems but generated results. i want to thank our esteemed group of panelists who have joined us. i think of two gentlemen i worked with on a number of years. a former member of the body. former chairman of the caucus, actually. i think he calls chicago home, that's dr. michael eric dyson who is also with us. i thank you mr. johns who has a tremendous responsibility of guide and initiative that deal

mr. martin being over mr. zimmerman. >> is it not also consistent with mr. martin pulling away from...zimmerman on the ground, and you would have the same angle -- he's pulling away and zimmerman's shooting him at that time? >> yes. >> of course, the witness was also cross-examined by the state. so it's not all rosy the federal defense today. forensic pathologist, dr. michael badeb is here. >> good to see you. >> what is so curious about this testimony, is it wasn't his opinion, but rather he said that it was consistent with the evidence -- the evidence was consistent with what was said by george zimmerman in the video. but he also said it was consistent with trayvon martin backing away. your thought on the testimony? >> that's very interesting, greta. many new york courts would not let us testify about consistent with because consistent with could be 1% or 99% consistent. it's like saying possibly. we can't give, as experts, possibly evidence. we have to say -- usually our mantra is beyond a reasonable medical ssht, which is more than 51%. we believe this happened this way, more than

mr. tracy martin and his girlfriend to listen to?> yes, he played it for them. >> do you recall if it was played once or more than once? >> i recall it was played once. i'm not sure if it was played more than that. >> without telling us the verbal response, what did mr. martin do in response to listening to the call? >> objection, your honor. calls for hearsay. >> she can describe what she saw but not what she heard. >> you understand hearsay, right? and what you can and can't say. so i'm not asking you to tell us what mr. martin said but i am asking you to give an observation as to his physical response. >> he was very upset. he was very sad. he hung his head. he cried. >> and did he give a response to officer serino? >> yes. >> the next question i think might be objectionable, for record purposes, your honor. what did mr. martin say in response to the question by mr. serino as to whether or not that was his son's voice? >> same objection, your honor. >> sustained. >> no further questions for this witness right now, your honor, thou