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-- -- -- -- -- President wants yes -- -- look like.
-- on Martin is the president watching this trial.
And does -- have any concerns of what the response might be one's comfort foods that I think it why the president as you know does not.
Spent a lot of time watching television during the day.
But you know his his comments on that are you know.
What they were but we're not gonna say anything from here in the midst of -- trial of that nature.
Well that was the White House spokesman Jay Carney just fielding a question.
On this legal drama that we're watching unfold in Florida.
So moments from now to George -- murder trial will get back underway after a very short recess -- -- Martin's parents walking in just a few minutes ago.
And we expect the prosecution's closing arguments to begin at any time.
Earlier today the judge agreed that the jury can consider a lesser charge of manslaughter but can -- Consider a third degree murder so -- those closing arguments begin.
We'll take you there live meanwhile let's debate this -- -- is a Fox News legal analyst Doug burns is a former federal prosecutor welcome to.
Both of you back here I don't -- -- -- you closing arguments will begin at any moment.
Can the attorney say whatever they want in closing arguments other rules about what they -- -- the -- they can -- for the first.
Good question the rules are basically you can argue that which is reasonably arguable from the evidence so I'll give you a quick example.
Because it goes to what you've got into evidence what you got into the record in many trial lawyers like us and our man I -- put into evidence for example that there's a football field behind the school.
And you didn't do it you cannot get up -- say ladies and gentlemen you know there's a football field behind -- school was never put into having.
Objection is outside the scope you know I'm gonna stand I haven't yet decided doesn't matter which -- was an outside the scope your honor.
And then you get shut down in the last thing a lawyer wants to because the closing argument as the one time that you get to actually argue your case -- opening statement although they still argue and closing argument.
The first time -- -- -- last time you really get tickets to the jurors the last thing the jurors that that build a lawyers want.
Is for to be shut down and when they've got that head of steam going so you've got to be very careful and still -- -- this amazing story for each side as -- speaking we we believe that the attorneys there are bringing in exhibits -- we will keep the viewers posted on what's happening in the courtroom so.
So Doug what the prosecution need to say today -- and.
Come out as expected and they gonna basically characterize this as a fist fight with superficial injuries.
Nobody would have died this was not the grave threat of death and -- the loser of the fight.
Ladies and gentlemen pulled out a gun.
And killed this person and that is that compelling argument -- and that will that work it's a compelling argument if you haven't been watching the trial for the last eleven days that's the problem and -- they came out in the opening statement.
And -- -- expletives and all things as government's been quoted sank and yes I mean.
Zimmerman had a gun trade on -- did not was an -- and trade on Martin ended up dead.
So when it came out an opening statement it was very strong but then at that as as the prosecution's case went on -- became weaker and weaker I think the evidence was and now yet the two things that happen wore a.
Pretty significant evidence that it was indeed the defendant who was being you know -- straddled and palm won't.
And then be a big big dust up that on their best day the prosecutors tried to -- -- and that is who was screaming.
That's just a deadlock and no juror on this planet I submit obviously can resolve that one way the other when.
-- Each parents each member LaSalle great -- -- but now want to put that now at least for the prosecution side they do have everything else has been kicked out okay all of the aggravated assault and all of a child -- everything which never should have been allowed.
But now the manslaughter.
If the prosecution can show that an act that he committed government committed cause of death of Martin and there's a possibility still here.
Of of manslaughter conviction.
Not the second degree I would say submit because I don't think they've shown depraved.
Intent or malice it's just a simplified basically the lesser included has every element bought by one that makes up higher -- went which in this case is to pray that detective but he didn't.
Can't do an act that caused breath of -- Obama and that's where.
This is saying and -- right.
That there are very lucky I guess in a sense that the judge went along with this cluster that's second degree yet are wrecked because -- -- -- -- a lot of fun because don't forget -- the defense -- -- all or nothing and others judge will take our shot here.
We feel that haven't prevents second degree murder etc.
and they were kicking and screaming objecting but the -- is.
If there's any reasonable view of the evidence.
That would lead a -- to convict of the lesser but not -- the higher than the judge -- -- little -- about what just what -- got a majority ethnic Russian defense respect what they're gonna argue self defense self defense self defense so it doesn't matter.
Mayweather isn't -- an intentional.
It doesn't matter because why it was committed and self defense so look for them to.
Defense to be arguing that again and again and again doesn't matter what makes her point which is self defense covers -- and everything -- -- apps.
So if it was in self defense the jury cannot convict on man's love they make the determination and as you just -- -- -- right out and if they determined that the man.
Was justified in defending himself and use -- amount of force command -- Without with just presented it would initiate both.
Second degree murder that in there but therein lies -- drug this year was as you said -- a fistfight.
Yeah so often people do not end up dead at the end of the -- sometimes tragically they do but often I don't itself.
The jury has to decide whether this is excessive force exactly and it would it would myself or excessive force if they find that it would that self defense did does not fly.
Then there almost to manslaughter by.
I -- I want to ask I know the judge did did not allow the third degree murder right ended up being the yeah well yeah yes -- -- -- was seventeen years old rather yes right eighteen years old.
-- does that suggest some level of desperation on the part of the prosecution that they tried to raise.
I think that's a great point a lot of people have been saying that and I agree with -- I mean there was another procedural aspect and that is that the judge felt I think and I think the -- right.
That they see and bad bounce across them when it and the reason they -- prosecutor's point of view that if you have that charged with a rather a union charges based on that right.
You put it in the charging document you don't try to kind of -- there at the end of the literally the end of the trial and say now I wanna put -- -- what did they didn't.
Had the littlest angels -- plotted out because if you look at the charging document that says the death of -- bond -- a seventeen or minor you know under eighteen so that that's not a -- position and that's not a part of second degree murder white white but I think there working on your question the question.
Allison's putting as -- wouldn't have had reasonable discussions about what lesser included through any -- yeah.
All the track yet that if they called -- -- -- to what I was away didn't.
It is ripping -- I -- and -- -- your honor I don't see how you could seriously entertain us and all I was saying reporter appears I think the judge actually felt.
Part of the calculus of her decision was.
But this permanent -- you can't do that it is technically I think the charges them as it sounds actually doesn't like that and it couldn't it couldn't get a plot but they can't come -- it because it didn't -- -- time to decide not to notice them notice but it's.
-- -- -- 27 years having gone in front of judges and assists I've given basically that you know you're -- absorb some abuse from the court.
You know there the authority figure you're and they advocate and to me.
west has really are confident -- number of times.
Yeah well husband both ways something I don't know and then they -- -- -- drugs are when he was whining about on -- -- working so hard working all these hours and it's.
It's 10 o'clock and she says at 956 picks.
It but when you ask the defendant before the evidence actually had technically close are you going to testify in the -- -- -- at a Manhattan analysts ST I really thought he did it's what -- -- I.
I don't think I think it just was a -- mislead them up I mean I need you wait until that defense system before you have to cracked it cut its -- -- secured it by re doing it she did she do it.
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