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-- -- -- This alert when -- -- -- -- Sanford Florida live pictures inside that Florida courthouse -- -- -- -- -- -- -- George Zimmerman murder trial earlier today the two sides arguing over whether or not unrelated police calls.
That Zimmerman made in the weeks and months prior.
To the day when -- on Martin was shot should be allowed as evidence in court prosecutors say those calls are indicative of Zimmerman state of mind.
The night Martin was killed.
The defense is objected to those calls being allowed.
It's to show you something.
To changed his mind that cost him to refer to the and always giving away the -- -- the -- pulse that caused him to do get out of the car follow him.
That's what makes it will.
Florida based criminal defense attorney mark Furman a former LAPD homicide detective and gentlemen good morning to both you and welcome to our morning here.
-- I wanna start review should the judge allow these phone calls from the previous weeks.
And months you know as evidence or not.
-- my opinion is it.
-- the -- not open and and Mark O'Meara -- argument was that was very strong this morning.
-- the door is not open by the defense I don't believe they should come in you know the argument that this is what caused him to do something this is what his state of mind was I think it's ridiculous.
I think the state is really stretching here trying to get these phone calls and approved some sort of state of mind.
What they should have done is kind of sit back wait to see what the defense cross examination was and when they brought up something about his state of mind -- they brought -- that's not a violent person.
Then at that point they would be relative to this state.
Lost over the weekend on that on the way out -- of help do you think they win or lose on this one though graphic.
I think they lose outright but if the defense brings it up I think then they came that it becomes relevant and it will come in so the defense has to be very careful and I don't know if this defense is that careful it seems like they're kind of -- -- slip ups and -- mark -- out there and Idaho you said something very interest in our producers earlier today.
You believe that if these jurors decide this case on a motion suggesting race.
That Zimmerman will be found guilty what do you mean by that.
Well bill when you when you look at the opening statements for the prosecution.
They are leaning heavily that.
George Zimmerman wanted to follow -- -- on Martin simply because here's a black teenager walking through the community and he.
Racially profiled him and that's it exactly what they want to be able.
To insinuate without stating it that's why these calls this is an attempt.
To bring these calls in because of -- frustration.
That he doesn't use the language in the prior calls.
Or the the it elevated.
Urgency that the use benighted -- -- on -- but really.
When you look at George Zimmerman and how many times he called -- if Daffy Duck would have been walking through the Condo complex he what are called on him I mean he was just simply.
Neighborhood watch police wannabe.
Mark what other 400 -- -- -- you say you believe that -- -- but mark staying with you for moment you think second degree murder might be too high have a bar.
In this case but the judge could still introduce manslaughter charges.
And allow the jurors to consider that is that a possibility.
-- -- I think it said they've really over reached with intent and second degree I think this is a manslaughter case -- the most.
Certainly the state of mind of George -- -- then the prosecution's got a big problem.
Second degree the problem is more exaggerated you have to show more intent and more.
You know inclination.
To use that weapon -- for the fight not during now.
We have our hands now on one of these 911 calls Bradford I gonna play it and again this is.
Somebody that may or may not be introduced as evidence that the voice you'll hear will be that of George Zimmerman in the 911 operator in the -- -- -- By the -- but there's this thing.
Mark Reynolds to portfolio currently taking one born of black or -- beer bought PayPal.
And -- shorts and you don't turn a black shirt and blue jeans.
And there and the back gate of the neighborhood.
All right apparently that was months before Trayvon -- -- jurors were not in the courtroom when that was played Bradford.
I don't know what that -- or does not -- amid all the talk yesterday -- about this knock knock joke.
For the defense I -- with a joke about the jurors being on the case because they know nothing about George Zimmerman.
And then after Elijah all the cable as -- going nuts over this point and after lunch the attorney comes back and apologize to the jurors probably because there are people on TV talking about it.
But at this point a day and a half and do it is either side have a leg up -- -- I mean you've got a leg up I mean opening statements should be focused on where you're headed where you're going and there's times for jokes even during the most serious cases I mean I've made jokes are the most serious cases.
But in this -- the case in an opening statement where you're trying to garner trust from the jury.
I think the knock knock joke was ridiculous I don't like to be a Monday Morning Quarterback but it didn't go over well wasn't a Smart thing to do.
It was probably nerves for him to just get in there it's -- start opening.
I think -- state was more sustained in the way that they presented the case I think they shot the jury by using words of the defendant which often is used and just because they're swear words doesn't mean anything because it's the words of the defendant it's not the words of the state attorney and got herself to be an opening statement which doesn't mean a lot it looks like the state kinda.
-- -- -- You don't know how jurors react -- maybe they were non -- and perhaps it just went right over their heads or maybe -- had a lasting impact.
President I think you're probably had a lasting impact insurance more bring it back okay mark Furman thanks to you as well.
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