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Opening statements began in the second degree murder trial of George Zimmerman he is the neighborhood watch been accused of killing seventeen year old -- on Martin.
The judge -- the prosecution crucial blow barring expert testimony about audio tapes of that 911 call.
Former police officer attorney and judge Alex for rare of the judge Alex -- expert on all things Florida -- joins us now live judge good to see -- Conceived to thank -- -- having our I would ask you about this ruling because it's not the audiotape of the 911 call in which there are some there are polices.
And there's a scuffle it sounds like in the background.
It's not the audio tape itself will be -- out but it's that the expert testimony about audio tape will be kept out of these experts saying they can tell who was saying what.
How think of a deal is that.
Well I guess to the lawyers is to remain -- is a big deal because they probably anticipated but there's good deals prosecution a bit of a blow because.
They have a tough case to begin with and this was some really critical evidence if and only if the experts could actually identify.
The voice is that about a year ago that if they get identified the voice the case is practically over because it really does tell you who the aggressor is.
The problem -- they can't identify the voice it's itself a bad quality recordings as a person outside its background on day 911 call the operator of the caller -- over the voice.
So at the end of the day FBI analyzed it and said look all we have more small small fragments not enough to analyze and that the screaming -- would you -- compared to a normal voice -- -- no way to tell who witnessed.
Nonetheless he sighed when I'm hired experts and of course government expert says is that -- voice and spend the prosecution's expert says -- -- bonds voice.
And the judge had to make a call about whether it was reliable enough to let it go to the jury and it's clearly was not the methodology they used to try to identify.
Most experts would say that's ridiculous and the judge made the right call it's it's devastating to not have that because it would be decisive in the case.
But it's it's not -- -- And as with all trials there's so many of these motions that happened before the jury is they -- inserts to hear the case about what can and can't be -- I thought it was interesting also the judge has ruled that the prosecutors can't say that trade on Martin -- profile they can't say he was racially profiled.
But how important is it for them to be able to use that word that he was profiled by George Zimmerman.
Well there -- it's important because one of the things you have to do for second degree murder they have to show that he acted out of bill will evil intent spiked.
And it's really not clear how they're gonna show that since he didn't know -- about -- other than to try to claim that he's a racist so the word profile of course kind of cut notes that a racial profile drives the point home the problem is racial profile or he racial pro racially profiled him or terms that -- -- courts in Florida have determined are just too inflammatory.
Nonetheless the prosecution's going to try to introduce evidence and then try to prove that that's exactly what he did without using those magic words in the opening statement.
It it's it's known that the defense has evidence to show that.
Georgia -- is not a racist did.
That that they intend to show to present to the jury to counter anything that the prosecution -- -- but without -- to racism I'm really not.
Sure how the prosecution.
Would ever have a shot of making this case so we'll have to wait and see what evidence they pull out of their bag right now it does look like a difficult case for the prosecution.
We have a jury seated now we have six women we understand that one -- Hispanic.
All the reports I've seen as we assume the five others are Caucasian.
What does that say to you if you were trying this case sat about having that particular jury.
-- Well if it does help the defense in some ways -- mean some people say oh it's all women that's a great defensive.
Jury I don't I don't think so I think women in general and of course you start -- jury selection would generalizations and then you go to the specifics of the individual jurors.
Do women in general tend to be better at looking at the whole picture than men men tend to focus on.
On incidents like the time of the confrontation with -- prosecution wants the jury to look at the whole thing how he started following them.
So I wouldn't have jumped -- -- defense jury just because it's women it's actually the opposite for me however there are some women on the jury who are.
Better jurors for the defense then some of the women some of the other women some of the others are better for the prosecution the difference being the prosecution needs a unanimous jury.
The defense doesn't need -- unanimous jury one juror can hang the jury.
Or may turn the others so.
I would say that the defense does did score -- few points on that jury selection and but.
-- -- we thought that the Casey Anthony jury was gonna convict all along and look what happened so you know you never know.
All right this one kicks off in earnest tomorrow judge thank you very much -- -- sites.
It was a pleasure thank you.
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