Zimmerman to be charged in Martin shooting

This transcript is automatically generated

With charges we're gonna add to our legal panel now as you know we've got Kimberly.

And Lisa we also have our original Kelly's court panelists -- -- -- -- it's a quadruple Kelly's court.

Joey Jackson has a former prosecutor now defense attorney and defense attorney David while this is unprecedented look at look at all the my -- Bible is on the main.

You're very well taken care of viewers at home.

When it comes a legal analysis on this case let me talk with you first -- this Joey in terms of the defense of this case.

So many thought in the week about nine mile long call which the 911 operator told George -- -- you don't need to do that in terms of following -- -- -- that night.

One was armed that was Zimmerman Q1 was it that was true -- You don't need to do that and then something ensued in which there was a shooting and -- on Martin was killed so many thought that.

That's good enough for -- He did it he should be charged with something but now as the case is gone on people have been pointing to the fact that.

He may have retreated we don't don't.

Whether Zimmerman I listen to that 911 operator or not it if he can prove -- In a court lob that he did listen to that I'm one operator he went back to his truck and -- -- -- came over to him.

Does that change the whole situation.

It really does make -- and here's why what the defense is gonna do is they -- -- going to isolate the different instances and here's what I mean they're -- to say look he may have initially pursued him that's one matter however.

At the point where -- initially pursued him even if it was over the objection of the 911 operator was against any protocol.

Back -- defense is gonna argue is not the critical inquiry -- critical thing Koreas after he did that.

And then if George dividend band decided to go back to his van or truck and at that point there was some confrontation.

That's what the defense will focus on what happened at that moment and did that in fact -- Him Eddie Jordan Zimmerman to get the protection of immunity with a standing ground law so you focus on that ass bag there and if he was Jordan's imminent moving away and trade bond market -- speculating we don't know -- via.

Press conference on shore and of course they'll be a major trial in this case.

If at that point there was an -- and fear and threat for George amendments like that he acted in response to that it changes the whole equation.

But David that there is.

You know it's very easy for us as lawyers to sit here and say.

This is where that initial threat ended and the second threat began exit Zimmerman ended his initial threat an -- -- Martin created a separate independent.

Second threat and that's when it.

That's fine for us to -- but you know life is different.

And that it that the prosecution if they charged government they are going to argued that he was the one following.

The seventeen year old.

He was the one who was armed he was the one who created the dangerous circumstances and even if he can convince the jury he retreated when told to do so by the nine -- -- operator.

He was the one who planted the seed in the mind of the seventeen year old that a conflict was about to start.

And that your bond -- better get on the aggressive -- of it rather than be on the receiving end of it these are these are the arguments were likely to hear.

Yeah Megan no doubt about it.

I mean where it when Zimmerman if if he in -- broke off the pursuit if he abandoned his pursuit it went back to his truck the question is if trip on -- detecting what scale of attack took place wasn't -- tactic will wrist -- great bodily injury or death.

-- Zimmerman because of it did in any jurisdiction he can use deadly force to defend himself.

So that's gonna be it was simply a punch in the nose and a push back and that he was shot.

That does not justified deadly force no question about so that's going to be the critical that you and -- it's clear right now the prosecutors decided.

That neither the stand your ground law or self defense applies here.

Because if she hadn't decided that she couldn't legally file charges -- -- -- find yourself you know.

In the same boat as Mike -- -- was when he filed charges without without due cause while those charges that.

It's gonna be critical the level of attack that took place if in fact -- -- -- attacked him.

Wasn't the -- where his head was being bashed into the concrete as the evidence suggests right now because of what was Megan.

Anyone would use deadly force to defend themselves against that type of attack but but don't what is the evidence that -- -- Agree that anything we I think we all agree I think all -- agree that if if Zimmermann created the circumstances the confrontation and did not retreat exactly -- stay underground lot does not apply -- right right.

Say if he creates a circumstances in which he gets attacked put himself in the -- and I got to stand your ground law does not apply so he's got argued that.

He did retreat doesn't he at a certain point video editing and we don't know whether that's true -- and whether heat there really was a break in the initial pursuit.

Maybe the only -- -- and it is we don't know what this -- going to aren't that going to be in this trial.

Zimmerman but you know gonna have to take it stands right exactly if apple claims self defense he's gonna have to get a cat -- -- -- that I did retreat he came after me heat and became the aggressor lighter right ability to defend myself the question of fact for the jury that the prosecutor -- properly put in front of them.

And then it's -- adds a level of what level of threat was he taking a beating.

Because -- reports either tomorrow -- is with a -- need a big kid some of the earlier picture didn't quite accurately represent his physique.

And so he's taken in the face it at some point he's -- back and he's hitting his -- you have got completely.

Different -- what kind of do what kind of kitty Joey the American people that haven't these charges when the initial prosecutor decided not to charge in the initial the night -- the local.

Prosecutor the local police decided not to charge -- -- cup.

Let things -- first at least and I talked about this a little bit and that is that I think a grand juries always your best vehicle why because that's what -- public confidence that the body -- there they hear the evidence -- be conflicting evidence and as a result of that evidence.

They will decide whether the charge when a prosecutor unilaterally does it now you wonder whether or not this politics and it is she.

Really just kowtowing to the public discourse about this whole situation and so I think of grand jury certainly would have been the best vehicles now having said that it's not.

And therefore at trial we will really determine what happened but one critical point -- and that's this.

I think ultimately the force use have to be proportionate and any threat that was posed and that's what's gonna be important if in fact he felt that this was it you don't -- life threatening.

Then you're allowed to use deadly for what's -- -- the force was not proportionate Zimmerman has significant problem.

I wanted to ask you wanna ask how I before before LA got I heard you on this David.

What do you think are is -- is the most likely charge here.

-- I really think that this is going to be a combination of legality and political.

Constraints -- our political issues I really do believe they're gonna charged with second degree murder in this case.

-- also believe that that is going to create a major hurdle for this prosecution simply because he's the only witness Zimmerman and Megan how critical is it.

-- the photo is or the documentation of his injuries that is what it's got all going to restaurant about it.

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Zimmerman to be charged in Martin shooting

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