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I'm Uma Pemmaraju welcome great to see you today it we are going to update you now with.
The George Zimmerman trial.
What's happening right now is that -- court is in recess till Monday.
That's when we'll start hearing opening statements from both sides this has been a case that of course has been dominated the headlines let's go to Phil Keating.
-- update on where things stand in this trial so far -- Major milestone accomplished in the -- county courthouse this morning the very final pretrial hearing.
Wrapped up and judge Nelson then told both sides we'll see you Monday morning on AM.
For opening statement so no more pretrial hearings we are going to get to the nitty gritty the meat of the matter.
Monday morning as we hear both side -- of their opening statements and then -- it we begin the states.
Parade of witnesses and testimony and -- jury of six win man.
Five white women one Hispanic woman and the four alternates will all be listening in of the alternates.
Three -- whites who are women and one of the men is Hispanic is well also it's a very predominantly white jury and as far as the core six person jury goes.
It is all Whitman who will be deciding whether George Zimmerman.
Committed second degree murder or acted in self defense when he shot and -- -- on Martin in the heart.
With one bullet from his concealed handgun on the night in the dark in the rain in a gated community February 26.
When he twelfth.
The other big milestone of course published yesterday that was the selection of the jury pool after contentious.
Seven days of divisive.
Arguing and questioning by the attorneys all of these select group of forty jurors -- now we move forward with that it was a major.
Pieces of business also discuss it in the pretrial hearing number one.
Dealt with inflammatory language the defense of George -- Wanted the judge to prohibit.
Certain words and phrases from being used by the prosecutor.
In his opening statement.
And the judge sided with the defense and disallowing the prosecution to use the term.
Racially profile they cannot say that however the judge said they can say the word profiled they can use the word vigilante.
And they can also use the term wannabe cop as well as the phrase.
He confronted for -- Martin the defense was trying to get that -- today arguing it yet again Mark O'Meara defense -- government and it.
Judge said basically he confronted Trayvon -- that's essentially the State's case he's going to allow it as for the potentially.
Conclusive testimony of these audio experts enhanced audio experts who have been.
Analyzing and sampling in the background screams heard in an infant is not 11 call.
Made that night in February last year by -- neighbor as trip on Martin and George Zimmerman are fighting outside of the window.
You can hear screams in the background.
Experts have testified that is only three seconds of the entire reporting.
Where you don't have one or two voices trampling on top of the screens.
Well the state says they have their own experts say that -- they trade -- -- -- for help.
Including one expert who claims he can discern for about -- saying quote I am begging you but the defense claims number one they have their own expert.
That says it was -- -- screaming for help and they also site.
Numerous audio experts who say you simply cannot decipher this piece of tape and determine.
Without a doubt.
Who was the ones screaming in fact last summer the FBI's audio analysts basically gave up thing.
Quality of the tape -- war and the sampling is too small plus you're trying to compare -- reported.
Normal talking boys with a scream circles scream in the background -- -- audiotape.
They say -- the judgment rule on that admissibility.
Either -- 5 o'clock today or perhaps over the weekend.
Perhaps even as late as right before 9 AM Monday more.
-- -- Are all wait and see what that ruling will be be concerned we'll have a big impact on the case.
Phil talked about it about the reaction from the Martin -- so far about the jury in the fact that it is a panel of six women.
Welcome Martin apparently did release a statement the parents of -- of on -- Sabrina Fulton his mother and Tracy Martin.
His father and they said you know in this country.
Justice essentially should be colorblind and does not -- white panel that we want it we don't want justice in a black form.
It's an American as far as an equal playing field and they certainly are expressing their -- ability with moving forward with.
No blacks on the panel of -- for about -- was a seventeen year old black teenager.
But they do say that they expect this jury will be fair and impartial.
And after separate days of really thoroughly quizzing these jurors.
We now have this panel of ten sectors and four alternates.
Whom all of -- actually said they could be fair and impartial and keep an open.
All right Phil Keating thank you so much an update really appreciate -- we will be looking forward to your reports come Monday thank you very much thanks -- -- -- let's talk about what happened today in court and what lies ahead.
For the upcoming trial joining us now we have mark purchased from the defense lawyer he is here with us in studio as well as camera -- was a criminal defense attorney as well Fox News contributor welcome to -- if you -- to have you here.
For one of the fact that the judge has yet to make this ruling about whether or not and those boys experts will be allowed to testify so much is riding on that what do you think -- Yeah absolutely.
It -- -- -- a case without a lot of evidence with really no evidence if you think about it compared to what.
The CSI type of person wants to speed on fingerprints.
DNA all of those things it's all missing here and that's why this video reporting.
Is such a big deal it's it this case hinges upon.
One person's testimony George -- if he testifies.
And a video recording here and there may be the -- support other than that we don't have anything mark.
Well you know what what we're talking about here the tape is gonna comments -- -- on this program in the past.
What's at issue.
He's the experts conclusions as to what it says on the tape so this pretrial -- here that's what it's called on law.
Is to determine.
The reliability of the methods that the experts -- using.
Not their conclusions.
And the fraud standard our viewers should understand it's a very low admissibility standard.
My colleague is right to the extent that there's a paucity of evidence in the case very little and I think.
The tape is important and the expert's conclusions to the extent they're allowed to express them -- will be quite important.
I would expect the experts to be permitted to testified given the fact that it's -- very very well this year -- for the prosecutor to me to establish liability.
Methodology and this type of -- theology the enhanced audio -- is commonly admitted in most federal trial.
Today the judge.
Ruled that the word.
Profile could be used but not the weren't racially profile.
-- harmonic justice or injustice more so.
That means for example they can use certain words.
As -- talk about the need for closing.
Before you know he attacked.
-- and -- government and the fact that they don't want this to be a polarizing situation it already has become that.
But by taking that -- out do you see that makes much difference.
I think it's Smart.
The judge has to be very careful here for her own reasons aside from the four corners of the courtroom and affecting.
-- the jury and the jury pool.
And and and also the outside responses.
It's just simply Smart for her to limit.
A word that could be possibly.
Prejudicial or or have more of an impact then.
-- other parts of the case so let the jury.
Come to their own conclusions based on profiling.
Having their backed racial -- in and risking a public backlash.
Risking the the CD -- herself or other jurors so it's important that she just lucked out.
Other word that -- is from prohibiting our words like vigilante wanna be cop.
Those -- words are also being exploited in this trial.
I don't think she went far enough I don't understand what profiling has to do with this case it's it's a word.
That the Martin family lowers the buzz word -- loaded word that the Martin family lawyers have injected into the trial.
-- -- Police officer's profile or do not profile it's not illegal for someone who's not an agent of the state to engage in profiling it's a red Herring.
Has no place in the state in in the case at all.
Again profiling is a practice that we can debate it's being debated downtown and -- stop -- for his trial here.
It's a practice that police officers engage in or do not engage in some kind of private individual working for an ad -- neighborhood watch group.
He's incapable factually or legally of engaging in profiling he's just.
You know that's the whole problem with -- -- -- watch group they can do or not do whatever they want so there's there's no -- And that I respectfully disagree because.
Taking 88 you're you're taking the legal meaning of profiling and trying to.
So it's a quarter cracks at.
I understand that it's -- trial and -- but there -- words that could have a certain legal meaning but also have a separate meaning outside of the courtroom.
Happen anything -- Matalin maybe there's a I had I can finish your point -- -- Spanish.
So the judge has to be careful that even though there are legal terms of the word profiling or illegal -- to racial profiling and he is not a police officer he's not an officer of the speed or the city he is still.
Other people are still allowed to engage in profiling.
It is something that people do all the time.
If in fact our our fellow Fox News contributor Juan Williams got fired from his job for saying something like.
Besides that they saw muzzle on a plane.
Human nature in profiling whether you agree with that or not we do it every single day.
And it is not necessary -- legal term but it is a term that we use.
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