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-- back to Florida now where were awaiting closing arguments begin in the George Zimmerman trial -- -- after the jury to decide if he acted in self defense they shot and killed trade on margin.
Earlier add the judge they're considered lesser charges for Zimmerman.
And here's said that testy exchange between the judge and an attorney for masters immigrant.
Just this was a track doesn't -- realized this was a trip I -- my my intention right now is to get through the rest of the jury instructions because if we have any arguments about.
The others I would like to get -- resolved we will come back just won the state is seeking this destruction as part of a larger scheme another trick.
That the state is seeking and finding positive word trick anymore in my heart that he's going.
We admittedly will probably use the word -- in our conversation Madonna so -- but -- that.
Former prosecutor now defense attorney Jo Stephen a get -- criminal defense attorney said before we -- -- went back cut back and forth was about.
Is this third degree murder charge John at what.
We don't talk about surgery murder which is third degree murder third degree felony murder in Florida is -- -- an unintentional killing during the commission of a separate felony.
And didn't -- outrageous part about this charge is the separate felony according to the prosecution.
Is child abuse because -- by Martin was only seventeen years -- not that -- Zimmerman had a clue how old -- Martin was but that's the basis for this charge.
I don't blame done much for being outraged it's ridiculous it didn't -- -- Well -- credit prosecution now at this late hour attention he sat out.
And also it's a trek but it's clearly a concession from the prosecution that they can't carry -- the -- with regards to the top charge and and quite frankly.
I -- the prosecution did that to try and make that claim.
It it that it it will require -- to bid to make concessions during their summation and will show weakness to the -- and it's something that the defense can pounce all over.
Do you think this is something that they had prepared.
With that thinking if it doesn't go well John I don't ever gonna throw this and order -- with this part of their plan since the beginning because when this first.
Happens there -- talk about how we know what did the charge is going to be and this was brought up child abuse was brought out during that time.
It is typical for the prosecution to want lesser included offense is in the jury instructions I get that.
For my money I think with the prosecution is trying to do with this particular charge.
Is if they -- -- They're going to be able to hammer home to -- six women five of -- my mother's.
That this was a seventeen year old a kid a kid a kid was killed they're gonna get to do that where they might not otherwise.
-- it to exaggerate or if you will bring to light that tape on -- only -- -- that -- they would -- in and what would be this sort of punishment for for that type of conviction third degree murder if it if it was indeed that.
It's my understanding is a minimum of ten years in jail with a maximum of upwards of thirty I believe that sickened with the -- -- -- on -- you think they're gonna she's gonna allowing.
She did come down on the side of the prosecution.
Of the time so I'm a little worried that she's going to little -- and I guess we won't know for a little -- it is generally the rule that she might come down on the -- of the prosecution -- because the prosecution is right in the defense often is -- we've seen -- back and forth in the court and and out -- let you weigh in on is the latest latest -- talks about.
Again an appeal to the judge by the defense and this is her reaction at this point trial.
Disagreed with this court every time -- make -- ruling.
I have provided to and three separate occasions with the -- professional conduct in the courtroom.
And included in that years do not continue to argue with the court after -- -- if I have made a mistake in this case you will.
Appeal if there -- -- -- it will get home appealed to a higher court and they can review to determine whether or not admit a mistake.
The new holiday cards and not going to be celebrating together at all but we're seeing that rate the jury is not necessarily privy to all of -- their privy to some of that.
What do you think is the effective that on the trial overall well.
I mean it's it's par for the course if you don't have thick skin in this line of work than then you should be do these edges -- that -- -- -- -- I'm however you can sell it to look at what is it felt like I try to be good boy but yes I've been I've been scolded a couple there on what you're saying this -- really this is the public reacting a little bit to this that more -- -- the way it happens in court.
Without a doubt.
Started but you.
And having it isn't just experience that John I -- is very -- this judge seems to be really wanting to spit.
Fire at this particular defense attorney throughout this trusted there's some bare -- and the jury will be instructed not to take -- cue from the judge if they happen to see.
Any of that.
During the source of the -- -- the manslaughter.
Charge because that's off descending there's a lot of talk about it allowing the manslaughter charge and Joseph if you would just walk us through what makes something manslaughter and how is it relevant potentially in this case.
Essentially what the prosecution will argue is that this this crime happened by way of negligence.
Very very different than the top charge which requires a depraved mind.
I've really really believe that the prosecution is at a distinct disadvantage.
If they are going to argue these lesser included -- is.
It opens up the door for that the defense who has a full day to prepare.
And and and depict -- pick out the inconsistencies in the prosecution's summation.
To really hammer home that they did -- weaknesses in in not only what the prosecution opened Don and what they're now arguing in their summation.
Johnny can you include that as an option to the jury but in your closing argument still go.
For the murder charge great question -- yes absolutely that's what I believe the closing -- -- on behalf of the people will be.
This guy committed second degree murder but when they go back to deliberate.
They are going to have other options and I'm sure the prosecution will will allow -- what we'll speak to them during their closing argument.
But he -- during a chance to compromise which is very dangerous for the defense here why is that.
Well because if it if this -- all or nothing proposition either conviction of second degree murder or nothing.
The defense would be in a much better position with the defense should do is say to the -- -- self defense is self defense is self defense if you find that my client acted reasonably had a reasonable fear of great bodily injury -- death that it doesn't matter you have to consider second degree you don't have to consider manslaughter -- you don't have to consider third degree -- -- can forget those if you find the acted in self defense would you -- focus on that your closing argument.
Without a doubt I mean we've all watched this trial and and we've seen the witnesses that that have come forward.
None of the prosecution witnesses.
Have advanced that any any claim -- man and so.
As long as the as the defense sticks to the facts and is able to show.
That the prosecution has been weak throughout.
Shouldn't be an issue.
Instead of the way the judge is well that might be wise John and Joseph nice to see you thank you so much continue to watch this John that.
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