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Zimmerman's case and stand your ground law

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    Dr. Keith Ablow on 'fight or flight'

  • Duration 5:54
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Back -- of our top stories today reports out of Florida say the judge in the second degree murder case against George -- is expected to step down today due to -- potential conflict of interest.

The new judge decided the case could decide.

Whether Zimmerman shot -- -- Maarten.

In self defense.

And the whole case could be tossed out by the judge.

If the judge so concludes.

Thanks to Florida stand your ground law without ever getting to a jury.

To help us examine the fight or flight moment.

That this case could all come down to we're joined by psychiatrist doctor -- at -- Fox News contributor.

Back -- well thank you it is not clear to us whether -- Zimmermann will be permitted to have psychiatric testimony.

At this hearing although we -- told that's been allowed in the past.

When he tries to convince this judge not to let a jury get this case and to believe him that he did.

Reasonably fear for his life when he was caught this confrontation with -- by Martin.

How do you get behind.

That moment it into a man's head the way you would have to it.

Well listen I think that the idea that you wouldn't be able to present psychiatric testimony would be -- Because even though this is an average man standard what would an average man.

The year in terms of what -- the intensity of that -- be.

The an average man has had a life history and so if mr.

Zimmerman has that experience is that lead him to feel particularly threatened.

During fights that bears on this moment as to whether he reasonably feared for his life.

Also of course he has a gun he's a community watchman why is that why is protecting and serving a particular way.

Resonating to that extent with him is -- on psychiatric medicines.

Does he have an impulse control disorder in the past all these things.

Weigh in on did he fear for his life this man did he fear at that moment.

There are a lot has been made of the 911 call that is Zimmerman made.

On the night in question and it there was a moment on that tape there -- a few -- but there was one of the ticket there where you could hear.

That he was.

I mean I you tell me what you hear what emotion you here in this exchange here let's.

If you live in the area it yet it will I would have been what your partner to offer it.

Food.

Can't happen -- -- -- who it is if you wanted to be without right -- and they'll also.

They're trying.

-- -- Well listen you'd certainly seeing side the you'd wonder about fear.

And with that as a backdrop if there were then an altercation and if it is in fact true.

That mr.

Zimmerman was attacked from above -- pinned down.

Most people it struck in the face while -- down.

Would reasonably fear for their lives.

And if armed would take action that's a reasonable man standard.

It's hard -- it's hard pressed the you'd be hard pressed to think that -- gonna somehow -- trade and measure.

Well how severe -- the blows maybe I can escaping get up.

If a lot of -- pointed out that he had a guns and Mohamed admit Zimmerman -- and trade on margin did not he was unarmed and sold many have questioned the use of a -- Under those are.

I'm stances well if you are on that if this is an F if you are on the ground and you feel that you your exit is blocked in -- -- How -- you to know whether the next below will render you unconscious.

You have a gun for a reason to protect yourself the law is there you can argue with the -- but it's there it's stand your ground are you in fear for your life anybody who struck in the face while on the ground should fear for his life.

But there is a question and this is this is a question for the lawyers I want our viewers to now but there's a question about whether.

You can take advantage of the stand your ground law when you create the circumstances.

That led to yourself getting its act.

It when you follow somebody who's on -- when you deem him suspicious when you.

Get within his -- say it you know he sees the year following him even if he ultimately -- Zimmerman will claim confronts you.

You created the circumstance and the author of Florida's down to stand your ground law.

Seem to be suggesting that an interview on Fox News couple weeks ago listen hear.

This is a self defense statute.

Where you defend yourself from violent attack.

And you can't just look at the few seconds between these two men on a sidewalk.

You look at the total context when you do an investigation of this nature.

And went on to say there's nothing in the statute that authorized his pursuit.

And confrontation but -- Even if -- -- government loses at this preliminary hearing it fails to convince the judge can take advantage the advantage of stand your ground.

He'll argue self defense at trial and that's -- -- yet your testimony could very well come in at the main trial.

We talk about that -- persons flat fighter flight instinct at the moment.

Of confrontation fists.

On the ground punching someone's yelling help battle all -- -- who's -- but but someone like you might be critical at that moment it trying to.

Absolutely.

As it should be and the bottom line is if you listen to the 911 tape here's a person who is unwilling seemingly.

Two state where he lives he's that afraid of whoever he's following its not like he's stalking.

And an innocent he he perceives this person is dangerous that can be said from that he perceives that there's a danger and a risk.

He doesn't even want the person know where he lives.

And then if he is on his back if and he's being bloodied.

Well what a reasonable person fear for his life -- a terrible thing that anyone died but anybody.

In that situation would say I have no idea from gonna die here tonight.

So many questions about how this will wind up.

Doctor -- outlook thank you Sarah meg and take care.

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