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-- on Martin's family now speaking out on the second degree murder charges filed against the shooter George Zimmermann trade -- mother.
-- Fulton says she has faith in the judicial system here's how.
She set it on bill -- I believe and the judicial system and I believe that he can get a fair trial okay insult.
ED I think -- -- a burden on you though I don't know how you're gonna get through.
I don't how you're gonna sit there and do well how did I get through my son being murdered in a person walk for 44 days I know -- -- gonna have to relive this through this trial.
Well I believe in the digestive system and I believe that he will give his -- -- his day in court he can plead his case.
Mark I thought this is a former prosecutor -- Sullivan is a defense attorney gentlemen thanks for being with -- mark.
Under Florida stand your ground law Zimmerman can seek dismissal of all of the charges in advance by going before a judge.
To claim that he didn't instigate the fight he feared for his life and here's the key.
He only has to prove it to the judge by -- preponderance of the evidence that's much lower threshold then.
In a burden of proof beyond a reasonable doubt.
What's the likelihood.
Of success on that.
Very very low.
This judge essentially has only been practicing on the bench for sixteen months.
Would have to essentially.
Commit political suicide by saying you know what I -- on my own -- to simply get rid of this case.
I don't see it happening and I also don't see it happening because the facts are not clear cut their murky.
He's the only one who can testify that he allegedly turned his back.
And then it was confronted by -- -- which is why I think that he's going -- was the only thing that would get him into the immunity grounds.
So -- I just don't see it happening I think this case gonna go to trial all right if it goes to trial in front of a jury the burden shifts to the prosecution -- beyond a reasonable doubt.
And if the defendant invokes self defense and we anticipate he would he would he would.
Maybe get them.
Take the witness stand and say look ice objectively.
-- reasonable belief.
Of imminent dangerous serious bodily injury or death.
That's it's tough for prosecutors to do is prove isn't it.
That's going to be very difficult in this case and and I think -- is probably right.
That the judge is not going to get rid of this case at the preliminary hearing stage but the defense always has the opportunity to -- new.
The self defense argument before the jury -- if you're the defense attorney what you have to do is separate out and create.
Two scenarios the first scenario which is the initial pursuit of Zimmerman of from -- to more time.
And then -- of demarcation between.
That and the actual incident and if you listen to his infamous father last week on this network he described that his son had lost sight of Morton.
And turned around and came back towards the vehicle and then Morton essentially jumped him from the website and creating the.
It's this horrific -- -- let's assume mark let's assume that Zimmerman takes -- witness stand and he says that I.
Left I got jumped from behind in my head was beaten into the ground.
Isn't that a fear of serious bodily injury or death that merits -- -- a gun.
Well legally it may be let's assume and we really are assuming the facts let's say the Zimmerman was the initial aggressor.
Experts are legal experts -- they claim are dead wrong when they say that the aggressor doesn't get immunity the aggressor can still get immunity.
If he turns away from physical contact with the victim and then the victim then.
Becomes the aggressor and Zimmerman allegedly is -- broken -- -- slammed on the ground and then yes he used every reasonable means to escape the harm.
But he's on his back and he shoots that could be a theory assuming they credit.
Zimmerman testimony -- -- keys up I was reading through some of the papers released yesterday the affidavit.
Incidental -- the first appearance of of George Zimmermann.
It portrays him as.
-- on Marten.
Falsely assuming things.
And confronting him -- prosecutors.
I mean have to believe that they have some substantial.
Evidence in that regard.
That Martin was the victim here and Zimmerman was the aggressor what are you -- Well Greg I I hope that there's more than what we already know.
Because if we're going based on just -- are you out in the public domain it's not enough to second degree murder let alone manslaughter and a and that's that's the real.
Quick question about the view you suspect -- -- this down -- manslaughter which is and which may be why the prosecutor.
Wait for second degree murder as opposed to manslaughter to Begin.
I would say yes only if the number of years that accompanies the plea offer with a reduction on a manslaughter.
Is reasonable if it still fifteen years -- I guess seventeen years now -- go to trial.
I I agree it's gonna be ten plus it's it's go to trial and and on the rest.
All right John long a wait and see what happens thanks very much Marc I Garcia and keep selling good -- see.
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