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A lawyer for that self proclaimed neighborhood watch captain who shot and killed an unarmed teenager in Central Florida.
Says his team has decided not to rely on the so called stand your ground defense.
That's the law in the state of Florida and others for that matter that allows a person to use deadly force in self defense rather than run away.
The lawyer now claims it doesn't apply because he says George Zimmerman had no opportunity to back down from this confrontation.
Remember according to George Zimmerman seventeen year old -- -- on -- attacked him punched him and slammed his head into the pavement.
But prosecutors charged -- that George Zimmerman with second degree murder claiming he profiled the team then followed him.
They point to 911 calls leading up to the shooting -- during which his government reports seeing a quote real suspicious guy who looked.
Up to no good.
Meantime a three judge panel that decide -- -- government should get in new judge.
Defense lawyers claim the current judge is biased against their client and this week appealed his decision that denied their request to disqualify himself.
With us now our senior judicial analyst judge Andrew -- -- so let's start with stand -- ground.
-- talked about this a little bit the last hour no -- stand your ground offense to be relied upon here.
Right stand your ground offense.
Requires a hearing before the judge at which mr.
Zimmerman would have to testify.
And at which the prosecutors could cross examine him and the judge would decide whether or not stand your ground applies the defendants in distress this judge because of strong critical statements he's made about mr.
sentiment particularly about -- government's credibility those statements may be well grounded.
Or they may not be well grounded but the indicate to his lawyers that they would not likely prevail on such a hearing and that would run the risk of showing all their cards so to speak to the prosecutors.
When they cross examined -- so instead they're going for regular standard.
Simple self defense -- everybody understands -- self defense says it's not some technical new law controversial law enacted by the legislature the it will be decided by -- -- See there will be no showing of your cards ahead -- time.
To the government.
So that I think is why his lawyer made that decision not to do the stand your ground offense but to do simple self defense at trial while that's going on.
They're trying to get a new judge it how difficult is that it's very difficult but it shouldn't be and I will tell you this when a jet from personal experience when a judge.
Dis likes a defendant.
Whether the disk like as well grounded -- not the judge should get off the case because that defendant whose liberty is -- jeopardy for twenty years.
Is entitled to a judge who was absolutely neutral if something happens in the courtroom that causes you.
Strongly to dislike one of the parties and the jury trial hasn't started yet you should get off the case that's the general rule upon everywhere in the country this judge decided not to get off the case that's what's being appealed to an appellate court which -- soon.
Specifically well there was some gratuitous.
Accounts according to the -- defense but specifically this was about when it.
The defendant said that he didn't have much money and then the judge later found out that he did and the judge -- visibly angry.
Okay now here's the flip side of the argument when you lie to a judge to the judge's face.
Mean that is enough to get anybody angry do you -- jurors get angry at that.
Judges can -- that some judges anger can dissipate I was -- -- three weeks ago because you lied to me with respect to the bail hearing I'm not mad now we remedied it it's ancient history that's the argument that the prosecutor will make -- behalf of the stretch.
Now he does seem to be government -- and it's in the prosecutors really want to keep him.
That that's a function of personality and and history and it's and -- the luck of the draw that's where we enter.
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