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Happening now in the George Zimmerman trial prosecutors want the jury to hear past phone calls the former neighborhood watch volunteer made to police.
In those calls he complained about suspicious people he saw in the neighborhood phone calls.
The state believes show -- state of mind on the night -- -- -- was killed.
Zimmerman lawyers strongly object.
They're going to be asking this jury to make -- quantum leap from good responsible citizen behavior.
To seething anger.
Not to not the least of which we can't forget the only persons testified in this courtroom so far about my client's behavior.
Do you see being nature ever actually be non -- nature of it is sort of talking to one -- -- not.
He said I heard nothing.
Well let's talk about this argument -- -- -- Fox News legal analyst also former federal prosecutor Doug burns criminal defense lawyer and former federal prosecutor.
All right so we have heard vis these tapes played in court but it's important to know the jury hasn't heard them yet.
Now the state of mind what is that what does it mean.
State of mind is so important as to what was government state of mind that night what was going on but -- self defense because that's the whole issue here -- self defense or -- or something more and toward them that.
And all of these calls over eight years more than fifty calls over eight years go to as prosecutor I would argue his state of mind that night it doesn't.
So you think the tapes ought to be -- I do think so I think they will be allowed at least most of them well.
There's a very hot -- area in criminal trials were called for a four B evidence.
And and -- position because -- -- -- cited the federal role even though the cases in state court.
But the point is prior bad acts that separate that's right he's a bad.
Prior acts are generally not admissible.
To show that the person's conduct that was in conformity with those prior acts however there's an exception -- for preparation in college plant preparations.
Slam but I would say that.
Previous instances of him interacting with people are not relevant to this -- but I -- Oregon did on on trade on side didn't the judge already ruled that his you know previous evidence of marijuana use that kind of thing is not applicable in this case.
-- out that's out that this is different because that's why mind.
Does not at issue with trade on it is those government but I like -- what's good for the goose is good to begin to point and that is that if you gonna keep character evidence that in general.
Then keep it consistent and I -- But -- say that you did all of those calls those fifty calls over eight years doesn't -- something -- -- show some kind of I'm looking at a forum for being out intent.
Preparation plan or knowledge but what did you think -- -- -- that's a bad thing that's long shot for the for the judge to say no to.
But -- -- but I wonder about this I mean in some respects I listen to those calls and the guy sounds I mean.
Jordan -- sounds very calm he sounds you know pretty reasonable yet he throws in an F bomb but he doesn't sound like a raving lunatic that's a really good point we're treating him and think of which is even if they get these in they may not be as potent as -- over the -- -- can use it.
Right let's just say at least two other points one you supposed to give pretrial notice -- -- not that that was.
Not so I was surprised and then tells us to judge -- general for a three not to be a professor and say.
The property values outweighed -- manager -- -- -- talk about optics on this case but I agree with you in the sense -- defense can use this as well they're not that bad the defense can use that.
-- -- lived in Miami during the cocaine and crack cocaine -- years and you know I moved out of the gated community to a nice neighborhood.
But we had a lot of crime I got really sick I mean I -- I was in my house one night when two punks tried to steal my car off my front lawn I had I had guys breaking into my house while I was home.
It was pretty scary I got sick of it I agreed but the point is here with a -- altitude that his state of mind that night it is relevant.
Will it sway a jury maybe not and -- ducks right that it is really has the defense can using more than the prosecution but is it relevant to -- now come out of from a completely different -- which is a lot of -- scholars have said you know what.
Leaning in favor of just putting everything and -- the jury decides to have another party not an activist judges are what is Johnson had since he's curtailed.
This stuff about the -- -- Benihana experts on the 911 -- -- coming in so this -- is really pulling back but having.
I think the -- split the baby may be John and what may be a couple -- and Matt I'm not fit the album you follow me not relevant not from eight years ago.
But may be from two months ago or six myself but quality may jump escalating sense of anger that's what the prosecution undecided but it doesn't show he's gonna pull a gun and it doesn't know it.
Dialect they're really not showing it then and I like your thinking which is -- put -- -- And he was calm and reasonable and and by the way that's simply underscores that in this instance it -- -- ratcheted up isn't so violently but that's why I had to defend themselves.
-- again it's a fascinating it really is continue to watch -- least we'll Doug burns thank you -- that Michael.
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