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George -- trial -- prosecutors and the defense are set to begin arguments on what the judge's instructions to the jury.
Should be and this is a really crucial phase of office this is what they'll here in terms of what they must consider.
Also whether the jurors should consider lesser charges.
-- second degree murder.
Many legal observers think that judge Deborah Nelson crossed the line yesterday late in the process in this heated exchange.
With the defense and Zimmerman watch this one more time.
You make good decisions -- as to whether or not you want to testify on I checked it.
-- the -- you have you made a decision as to whether or not.
Want to testify in the case I I object to that question -- -- -- His overall record is entitled to inquire mr.
Zimmerman determination -- whether or not he wants to test fire.
Zimmerman have you made -- decision as to whether -- -- you want to testify in this case not not this time okay ended when is it.
How long do you think you need before you make that decision.
I mean we have an opportunity to speak the case is concluded you know.
I understand that.
And I that mr.
Zimmerman if you needed more time.
To talk to his attorneys -- if he does I will 42 on mr.
Zimmerman how much more time do you think you're gonna need just to discuss this with your attorneys.
Well when mr.
Zimmerman but that my.
You're asking your clients what their client questions please mr.
I objected according -- mr.
Zimmerman as to his decision about whether or not to testify here.
-- is over rules.
Zimmerman I will give you more time -- to discuss this with your -- thank you very much.
Rules that was sound -- -- judge named Tara joins me now posted justice.
-- -- -- Everybody I spoke to I yesterday said that if she was completely out of line.
Here we have the defense has said they are wrapping -- There was no question yesterday was going to be the last day.
You've got to judge who has the right for two reasons.
For courtroom efficiency to make sure that they've got that they don't waste any more time.
That she schedules that this is -- sequestered jury she wants to move it along.
And secondly she has the right to speak to a defendant and -- whether or not he's made a decision to testify and whether he needs more time.
Why because at some point this defendant may say I had an ineffective assistance of counsel and I really wanted to testify but they wouldn't let me testified and I didn't know that I could have testified you know what she is protecting the record in the event that there is a conviction.
And another this criticism of the judge she said to him do you need more time there's no question it was the last day.
Saw -- take her side she runs that courtroom and she's been running it it was pretty well to me that she wanted -- personal reaction from him.
On the record and -- -- rest are bigger government and as she want someone is okay do you want and she hasn't happened right as I have that right with a defendant in a murder case does say they -- do you intend to testify.
You know that you do not have to testify do you need more time to decide.
If you were going to testified that is -- -- right.
I listen let's move on to this other really important issue right now and that is lesser charges because having watches entire.
Trial play out to everybody at home has the same question in a second degree murder.
Is that too high a bar and is an incumbent upon this judge at this point to say to the jury you may also consider.
Aggravated battery you may consider manslaughter charges in this case you have other options other than what the prosecutor the state has set -- you know.
At second degree murder.
This state when they made a decision to charge murder to.
Decided that this was a case that there was sufficient evidence to prove beyond a reasonable doubt that there was ill will pay -- -- Having listen to that evidence I don't know -- that the jury is going to agree with the prosecution.
Now the judges faced with the question of offering a lesser charge and a judge certainly can do that here it is within her right.
To save it to this jury if you don't have an up -- being murdered two.
You can go down the manslaughter the defense was Smart in fighting that they don't want a -- realize what they want is.
It was murder.
Or it was sell the plan is for now we understand what I -- for the defense wants but I'm asking you in did that does the judge is it incumbent upon -- given that their handout do you believe -- -- -- -- cannot tell you all of the evidence that would support -- manslaughter.
She has to give -- that -- but the truth is -- his -- with an intentional -- It was not a negligent or reckless act it was intentional and she would be within her right in not having millionaire -- -- -- Tokyo we heard the testimony from one event police detectives who said that when she shared the information with George Zimmerman.
That in fact and -- Martin had died know that he was surprised.
-- he was shocked OK so my question to you is could you say well he did not have an intent to kill.
He killed as a result of his actions and their four.
Manslaughter charge is valid but being the standard is the depraved mind it dancing ill will spike or hatred and -- caused the death.
Not that he intended to cause the death.
But these stats first floor so that for murder in the second to Greg what about it and Harry Potter -- client unintentional -- as a result of his action let me let me be clear on this he caused the death.
-- that is -- to -- when he did it with a depraved mind ill will hatred spot.
Is simply that he caused the death without -- will or spite.
Without the intent there is a reasonable view of the evidence that they might say this is manslaughter defense doesn't want a prosecution -- again on their knees and hope the judge to give it.
Now most -- destiny and thanks great to see a big daddy Harris is going to be very interesting day in this case and guest says -- of course right here on fox.
There is -- come on 9 o'clock Saturday night.
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