0 has never felt richer. >> some people never figure out their purpose. i figured out from a little dog. >> tom forman, cnn. >> a nice story indeed. i will be back at 5:00 p.m. in "the situation room." newsroom continues right now with brooke baldwin. >> wolf blitzer, thank you very much. happy monday to you will of you. we begin this hour with a trial under way in jacksonville florida lot of his life and unarmed and shot all over a dispute rather loud music. the man accused of pulling the trigger can take the stand at any moment. i can tell you that the state of florida rested its case. this is day four. michael dun faces a first-degree murder charge and three counts of attempted first-degree murder. the gentlemen here on the stand is one of the workers at the gas station where this took place in november of 2012. what is clear is this. he shot and killed 17-year-old jordan davis at this gas station parking lot on black friday in 2012. what's in question, were his actions lawful and justified because he feared for his life. today it's all about the details. the defendant's gun and the bullet holes in his clothing and a trajectory of the bullets came into play. >> when we look at the shots of the door, you can think of the body now either if i'm sitting in a passenger compartment, i have a door here and a seat behind me and i have a seat in front of me. i might try to flee by going like that and i shifted my body forward and a little bit down. it starts to lift my thigh up and as two bullets come in. we can have a bullet coming in and going across the left thigh. perhaps as i start to fall or tip over, we have another bullet that comes in and enters what we think of as traditionally the back. in this case it's just coming in and doing what we have seen coming in and heading horizontal horizontally. if you are asking in respect to whether he could be standing up as opposed to being seated in the vehicle, if you are going to pose to me that he was, present me with information and i will look at that information and tell you whether or not i feel it's plausible. i feel the information is plausible. >> you were never given information by the state or law enforcement that he was outside the vehicle. is that true? >> i was never given any information that would allow me to make a determination that he was outside. >> the simple answer to my question was yes, you have never been given that information? >> that's correct. >> thank you. now, if somebody lifts their leg up and i'm going to -- i will move. thank you, judge. if i move, dr. simmons, if i lift my right leg up like this, am i looking like i'm in a seated anatomical position. my right leg is up and is up, it looks like i'm seated. >> sure, sure. >> that is part of what happened today. ashleigh banfield is outside of that courthouse in jacksonville, florida. criminal defense attorney joins me now. let me begin with you. you have the testimony that is riveting and disturbing for those jurors in the courtroom. we have the fact that the state rested that told me that this is moving along and it clicked. now the fact that michael dun himself could take the stand. i top the begin. i saw you earlier and the defense attorney said he has to. >> yeah. look, this is a very difficult sell. i don't want to say who the jury is. it's a tough sell to anybody. unless he's going to be his own best defense witness, it's a little hard to get your friends to get up on the witness stand and say he's a-got a reputation for peacefulness and has a calm demeanor. that doesn't matter. we can all pop off. we can't get character witnesses up there. we have to give the jury some meat and potatoes. unless michael dun gets up there and convinces this jury why he feared for his life, that's where the law comes in in his head. was he in fear for his life. in his head. he's the only guy who can really tell you if that was true or not. >> kirby, as a defense attorney, how would you recommend if you were so to choose to put this defendant on the stand, the details coming out that the nine bullet holes in the dodge durango and it wasn't rapid succession and a long pause which is not good for the defendant in this case. what does he need to do. >> he will have to show remorse and he's sorry that this happened. if he comes across that i did it and i had to do it and he seems proud of it, the jury is not going to like that. he will have to show remorse and get them to feel the fear that he felt or claims he felt and show them why it's reasonable. if the jury doesn't think his fear was reasonable, they are going to find him guilty. >> jane velez mitchell, you are joining us as well from our sister network, hln. we have been talking about what michael dun would need to say number one being expressing remorse for the killing. here's what else i want to know. we are learning about the jureors themselves. as this case has been compared and there similarities, but vast differences as well to the george zimmerman trial, unlike that trial in sanford, there a number of african-americans sitting in that jury box. >> i certainly feel that these jurors will put aside all of their personal biases and opinions and make the right decision. i have tremendous respect for juries. they do an incredible job. my question is the prosecution in this case. the same team that lot of the george zimmerman case. they elected to rest without playing the interrogation tape of the defendant as a strategic move undoubt leed to try to force michael dun to take the witness stand. he may very well take the witness stand any second now. it's not a plea. everyone said casey anthony in had to and she didn't. i got this case. i understood this case after watching the interrogation tape. the detective dos a brilliant job of highlighting the inconsistencie inconsistencies, pointing out at first, they will shoot me and he said well, it was a battle or maybe a stick how he claimed it. he's getting out to attack me and they show he wasn't getting out. so i don't know that the prosecution this this case is going to be able to do a better job of exposing the problems with michael dunn's story than the detectives did when they interrogated him the first time around. i just want to say, brooke, he had a long time to come up and rehearse his answers. he has a brilliant and aggressive defense attorney. i think they should have played it. >> let me hit pause. we top the dip in and remind you this is day four of the trial and this is a worker at the gas station where the killing took place in november of 2012. the defense is up. take a listen. >> i'm walking out facing the pumps. >> you are walking out. >> yes. >> i know you stated multiple time that you had not had a chance to review the surveillance tape. >> connect. >> would reviewing that refresh your memory? >> it may. >> the state is going to be publishing state's exhibit 168 for him. >> all right. >> ashleigh banfield, we will stay on the picture, but let me bring your voice in. can you give me context? what are we watching? >> i want to tell you about something that happened that could be a game change. when you heard the character witnesses and he said he was a good guy and peaceful, that could have opened the door for evidence. we have not seen it and heard it. this is the jail house letters that michael dun wrote. i want to read a portion of it for you. you will see how damaging it will be. if this letter gets into this trial. this jail is full of blacks and they act like thugs. this may sound radical, but if more people would arm themselves and kill these expletivity lotis when they threaten you, they may take the hint and change their behavior. that is the kind of thing the defense attorney loses his breath over. if this lawyer is questioning the witness about the character of the defendant, open the door for other character evidence to come in. really, that could be a huge game change. it could be game over and could be very, very problematic. >> kirby, how do you defend michael dunn's behavior after the shooting driving with his fiance and driving the several hours the next day back home. the letter that was just read. >> as a defense lawyer, you have to take the hand you are dealt. my client may have said boneheaded things as far as the letters are concerned, but he may have done things you may not agree with and we may not ask you to make friends with him, but he was justified in what he did. you have to take the bull by the horns and not cute it up. it is what it is. at the end of the day, the question is, was he reasonable? that will be a tough uphill battle since he used the same words that he used in reference to the victim before he shot him. that's the thug music which is what he said. >> thank you both very, very much to all three of you. we will of course come back presidentical periodically if and when he takes the stand. a college football star could be the first openly gay player in the nfl, but apparently that's not going-over well with folks who run certain teams. hear what gms fear could happen in the locker room. why the heck did a zoo kill this healthy giraffe and cut up itself body, feed it to lions and look at the kids in the audience. they are watching. they are taking pictures. why? i will speak live with the man in charge. i'm randy, and i quit smoking with chantix.