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Will there be an arrest in Trayvon Martin case?

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    Former prosectutor weighs in on what the grand jury is likely to do in teen shooting death

  • Duration 4:51
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And the factor follow up segment tonight a new Gallup poll shows Americans are deeply divided -- sharply so.

Along racial lines when it comes the death of trading on Martin.

And what should happen to be accused shooter George -- 51% of blacks say Zimmerman is definitely guilty of a crime.

While just 11% of non blacks feel that way.

Additionally 73% of blacks say Zimmerman would have been arrested if the person he shot were white.

Just 35% of non blacks agree.

The special prosecutor assigned to the investigation recently explained why there's not been an arrest -- The problem with making an immediate arrest is we have laws in the state of Florida that she can only hold -- person.

First certain amount -- before they have to be released from jail.

That's why when there's an intensive investigation in an affirmative defense he wouldn't necessarily rushed to an arrest.

With us now Joey Jackson a criminal defense attorney Joey.

The loan.

There is no way that I would shoot you.

And that they would arrest me and at least allow me to make my case now what we heard from her west.

Oh he has an -- -- -- defense because of this -- your ground law in Florida.

But it leaves.

A -- the man why wouldn't -- Stanley say this isn't just this that he hasn't been arrested and listen want to very fair point you should be outraged everyone else should be but understand it's a process here and -- is the police rushed to judgment in reverse by indicating that you know what he did nothing wrong.

I think the special prosecutor needs to make a full fair investigation because that's what we get our confidence in the process we don't want her to make an arrest predicated upon public outrage we want had to make an arrest -- predicated on the fact.

Those facts will be determined by car investigation and if necessary want to impanel a grand jury which he doesn't have to do by the way in order -- -- hours ago.

I'm not buying you know life.

My -- because it seems to me that if you're talking about public confidence of people and thorough investigation and of course mr.

Zimmerman needs to be treated fairly well not have that would be precluding it.

By having him arrested -- in -- I think it would inspire confidence in the process that this case was being treated just like any other case and you're not gonna tell me.

That if I show you right here I don't is that you and I wouldn't be impressed that you would do that what you want missing the point is this the point is is that we want -- to investigate everything and after that to draw certain conclusions okay.

And what I think the public confidence is about it's about making sure that every stone is unturned in this case not leaving anything -- out.

And that's going to take finding out what the facts until you keep coming back I'm not.

You're right you're right you're right we need a -- should simply -- -- -- it.

Why no arrest how long because this kid's what actually shot -- yes yes yes what -- she's scheduled to impanel a grand jury on Tuesday this coming Tuesday it would be detected -- time you can present every back to back grand jury and let -- -- all web site.

However understand this on the Florida -- you don't even.

They'll impanel a grand jury she could decide independently on what she knows now that there's probable cause -- Because it and Florida only time needed grand jury to indict is when it's a capital offense -- and that she can do it and I.

I predict she will and I predict she will do not again public paid upon what the public is talented Q but predicated upon what the facts should -- suggests he should do.

And what else facts come out what I firmly believe is that a jury will get this case and -- be the ones that make the -- is made as to what Joseph I love it fine with me but I'm just telling you probable cause -- the very low bar.

Bar has been -- for an arrest of Jordan's government and I don't understand everybody -- say let's have a lately investigation.

But and the rest of the rest is a simple matter it is all you know what.

What is that mentally he's -- just take stuff what look I don't perceive that happening could it happen absolutely but I think there's a lot of scrutiny on him which would suggest that what the other point here is too with that.

What you do make an arrest you have to be prepared to proceed to move forward obviously he's not comfortable at this time with making that happen now having said that I think it's a minute and I think in -- rest.

Will car and that will be a prosecution that occurs here but we should not making a -- to -- -- -- we should make an arrest that you know on what to do justice in -- I would guess that I do think gonna arrest is part a legitimate part of the justice and by the way.

You know we talked about the divide along racial lines yes the one point of agreement black and white.

Is about the same about a fifth the blacks in the fifth the -- -- -- -- probably guilty of something yes gee maybe we should rest then yes however there we're gonna look it's gonna happen it's evident it absolutely will happen I think public confidence will be restored as a result of that also no surprise didn't break down upon racial -- -- let's hope that justice.

Crosses racial balance I think that'd be great counselor can't -- the best but give them.