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Phillies quarterback concession on the docket today -- grandmother on trial for murdering her own grandson.
A jury in Michigan is deliberating right now.
Deciding whether -- five year old Sandra lane is a victim or a killer.
-- admitted gunning down her grandson but her lawyers say it was self defense arguing she was repeatedly abused by the teen who had issues with drugs and anger.
They say when he attacked -- for the last time she fought back.
-- prosecutors tell a different story.
They say lane pulled the trigger shooting to seventeen year old Jonathan Hoffman six times in the final vengeful act of eight rocky relationship.
In a dramatic I'm a mom called the teen implicates his grandmother before she shot him again -- -- I'm -- yeah yeah.
Okay well we'll get.
Yeah it -- Nothing.
I went whoa whoa whoa whoa yeah.
You're okay and -- -- -- yeah.
Oh yeah well yeah.
-- don't know yeah you got right.
-- -- -- -- -- -- -- -- -- -- OK OK I -- yeah.
And he was right he did died at age seventeen.
So was this first degree murder or self defense.
Joining me now Randy zealot a defense attorney and former prosecutor David Wolf is a defense attorney -- on the very chilling -- to listen to.
She shot at him ten times hitting -- six.
And you can hear him.
In the and that the fear.
But I ask you Randy whether the prosecution can prove this is first degree murder in -- -- hurt charges that he had been hitting her.
And had a history of abuse with her.
They can and they can because of forty seconds.
Forty seconds was about the length of that telephone call because you can throw out.
Everything that happened before that phone call and say that there was something going on that the prosecution will say not there was no fight beforehand the woman didn't have a -- on her.
But the forty seconds.
She can't be fearful for her -- life.
While he's on the phone with 911 saying get help I'm dying.
So the self defense goes out the -- down.
Its goal line and even if the jury loves her and hates him.
That's interesting although I think that the -- defense will argue David that that just shows how.
Scared she was even while down and shot she was and and knowing the authorities were listening she continued firing.
-- -- -- what a sad tragedy all the way around but Megan that's if there's a long abusive relationship between these two.
He had been using drugs they had just got home from a drug test apparently where he tested dirty.
And on the way back he was kicking and screaming smash the dashboard and her car she was in tremendous fear of her life she's an elderly frail woman or -- river make it.
When it comes to elderly people they can't grab a baseball bat and defend themselves they have to rely on a firearm when you use a firearm.
There's one -- two things that are gonna happen.
You're gonna die or the person's attacking you was going to die it's a tragic situation.
But for hot perspective and that's what's critical here she wasn't reasonable fear for life or -- great Bob.
Let me read -- -- what are we have Michigan we wanted to heartbreak we're gonna carry over -- -- of the prosecution talking about how.
They do not believe she had anything to fear was in the prosecution -- You guys sense you know yet -- -- -- -- ED -- Harris.
You -- here if you're short -- -- Sox.
And he comes upstairs to make -- We've got.
Look when you have what appears to be a sympathetic defendant.
And perhaps -- not so sympathetic victim is very confusing for the -- So the jury has to try to the prosecution asked that present something to the jury they cannot be explained away and two things in this case in this case can't be explained away.
Number one we may have been at the guests were but not car and number till the forty seconds she can't be if we are while -- -- would not 11.
Right after this break I'm gonna show you the grandmother on the stand in how she says it went down.
-- -- Is that a moment ago that there have been a history of abuse but I I think I'm wrong on that because I want you to listen to the grandmother.
-- stand talking about how this went down.
-- ever have before note did you want to hurt and no.
She makes a compelling witness David.
You know -- and now she's a woman who had taken over -- control and custody of this child when the parents moved out of state.
I she's obviously completely devastated she has no prior criminal record and as I said before Reagan when it comes to their -- defending yourself when your elderly and frail she is.
I mean there is no in between your use of firearm and you have to defend yourself to save your life.
And this child had an excessive history of violence drug use and she knew that.
And the fact that you is that and he was on the phone with my one want to meet doesn't mean a lot he could have hung up the -- gone after her again.
Our -- brought that I don't know Charles compelling particularly with the jury could go.
I wanna call for his final size it's our number 19 among call us Saturday as -- -- he.
Listen to this I don't know that he could have done anything more listen.
And -- Twelve.
-- -- -- Willful and deliberate that's murder one.
At that moment while he's on the phone.
Her actions were willful.
And they were deliberate and that's going to provide the jurors with a window because they weren't they are so they have to look for something that helps them to understand -- What happened.
And that's what does it.
And in both sides -- Smart.
Somebody asks for a compromise verdict manslaughter he had a -- -- she doesn't die in jail now the president you know -- regularly -- -- at all -- quickly David.
-- seconds I think you know what it it may well be voluntary manslaughter which is an intentional killing any heated moment in Michigan.
That my guess is what the verdict will be first degree seems pretty extreme given the circumstances we shall see gentlemen thank you we'll be right back.
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