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And good morning everyone -- -- watching live the George Zimmerman trials amendment charged with second degree murder in the shooting death of seventeen year old trade on Martin.
In Central Florida in February of last year a what you just saw.
Was a hearing that went on outside the jury's presence the jury was waiting outside.
Be a courtroom -- of this what happened is yesterday.
There was some testimony from the custodian of police dispatch calls these are not emergency not 911 calls.
And she was testifying for the prosecution.
And at one point the prosecution then attempted to play.
Phone calls of previous.
Calls that George Zimmerman had made.
To the non emergency police line at that point the defense said hey wait a minute stop.
Why are these calls being admitted as evidence we don't believe -- relevant to the trial.
At that point yesterday.
The judge asked the jury to leave and they had a discussion and determined that they would have to hold a hearing outside the jury's presence to decide whether or not.
Towards government's previous.
Non emergency calls to police should you'd be admitted.
And that is what you have been listening to for the past hour or so.
Were the defense and the prosecution.
Attorneys making arguments to judge Deborah Nelson as to whether or not as immigrants previous phone calls should be admitted.
On the prosecution side we heard from the assistant state attorney Richard -- That what these previous calls indicate is what he said was an ongoing building up of frustration.
That led to the incident with -- -- -- And other things as well let's bring in now our two experts who have been not listening patiently to this entire case we have Dan Schorr.
Who is now the associate managing director of troll but also a former criminal prosecutor and then also joining us timer -- -- -- criminal defense attorney.
And Fox News contribute thank you both for joining us Dan as a former prosecutor want to ask you first do you think.
That the assistant state attorney here made a good case for admitting -- calls.
He need a strong case they're trying to show that George Zimmerman at the time of the of symmetry by -- and wasn't just acting on one incident that he had built up over a long period of time when he was overly suspicious quick to call the police quick to see threats.
And that goes into his state of mind because ultimately the case is about whether he acted reasonably in self defense and if he is someone who is not a reasonable person.
Quick to -- threats quick to be suspicious and this case numerous occasions with black males.
They're gonna say that he's not acting in proper self defense and that goes to show that he did commit murder so that's what they want to get this evidence and.
For so camera holder on the defense side we heard from that the lead defense attorney mark on merit he said these calls are irrelevant and that the state is asking the jury.
To make a quantum leap.
Leave on evidence akin to jumping -- over the Grand Canyon.
That these are what are considered previous acts and that previous acts can only be admitted under very specific certain circumstances of these don't fit that criteria.
While I personally agree that I think that they should -- how -- My biggest problem is with and not get too technical but if you just look at the plain language of the rules of evidence for a four.
There's a specific -- apartment that sex that the state must -- provide noticed.
In a criminal act or -- -- -- criminal trial they must provide notice to the defense.
And they didn't do -- so I feel that UN FIA.
I I think that they -- how -- it.
That the state mascot and the judge should say.
At this point you failed in for a four B two you didn't give notice you feel on a procedural level therefore.
You made an error not letting it it and I think that's an easy way to look -- to make a decision based on procedural.
Yet didn't like as a technicality.
As the defense attorney mark -- -- pointed out they were supposed to provide this ten days before the trial started and that's why we see.
Pretrial hearings this hearing is trial the -- hurting going not in this is coming up now a prosecutor was called on that.
And he cited the case saying that the ten day wait the ten -- notice can be waived if the defense cancer when he prejudiced today and -- being admitted without attending a break we are not the judge is going to adopt that argument but that's what the prosecutors just made a few moments ago.
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