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Initiated this or provoked it, it is rather the victim who provoked it. i think the facts testified to leave both inferences equally valid. there are facts to support both and that is the reason i think the instruction should be given to the jury. theyre free to arg argue, that, what the defendant did either does not constitute provocation or the victim did all the provocation. i think the facts, as testified to by the eye and ear witnesses as well as the defendants own statements and let me add...

With manslaughter instead, because they think thats a better chance under their theory of prosecution whatever it may actually be, since we havent heard it yet, they could do that. but we object. we want this to go to the jury on second degree murder only. >> thank you. based upon state vs. montgomery 35 law weekly, the supreme court 204, also cited at 39 southern 3rd 252, from 2010, the court will give the instruction on manslaughter. as a category 1. >> thank you, your honor. the instruction a...

Was correct. if it results in death it can indeed be third degree murder and the defendant is entitled to such an instruction to the jury and onto the next page after si corroboration in that ca case -- after citation in that case. we find the failure to give the instruction to have been reversible error. the next case is j-a-k-u-v-o-w-s-k-i. which is a second district court of appeal decision from 1986. again, here we have a third degree felony murder. in that case, the victim was 6 years old. ...

Also, there is some instructions to give only if there is evidence of what is seeking to be defined. >> the basis for the 776.412 instruction is chapter 776.012 which the court just read and the court read it correctly, that it requires, one, justified in the use of deadly force doesnt have the duty to retreat if one -- >> 776.012. im looking at the instruction. >> well the -- but -- im saying the instruction refers you to the statute. im reading the statute. >> okay. >> the statute says a perso...

Guessing game? >> im at the very least think she will let a charge in for manslaughter and maybe even aggravated assault. in some respects a count like aggravated assault poses a bigger danger to zimmerman than anything else. the murder case is -- i agree, its very very weak. its unlikely you get a conviction there. manslaughter remain as stretch as well. would the jury compromise with aggravated assault or something lesser which could still put him in jail for a period of time. i guess were goi...

Law was not there to support it. its a totally different offense, it involves someone assaulting another person without the intent to kill. yonk there i dont think theres any question when george zimmerman pulled the gun, he intended to shoot and kill trayvon martin. >> lets go back to rich mantei, making the case, that these lesser charges should be considered by the jury. >> so, your honor, the state believes that the law and the facts demonstrated here-in would permit the instruction on third...

Commit applicable felony upon him or any dwelling in which he was present. >> he wasnt in his house. >> its either the applicable felony or in his house. >> no. >> thats the use of -- thats the justifiable use of deadly force. >> no. we disagree. >> well, then get me case law that says thats a wrong interpretatio interpretation. >> look under the standard instructions, actually, i have both. i have the proposed ones as well that the court directed us to. the courted is looking at the wrong part ...

Company. >> okay. thats an issue. what about the rest of the instruction? >> the rest of the instruction, beginning with the line however the use of deadly force is not justifiable if you find the defense has inserted the phrase beyond a reasonable doubt. >> youre going too fast for me. >> sorry. >> the line however -- >> okay. >> the use of deadly force is not justifiable if you find the defense has inserted the phrase beyond a reasonable doubt at that point. >> okay. i see that. what is the pu...

>> as it relates to that instruction, your honor, the first line really isnt in dispute with the exception the name change, that being at issue in this case is whether george zimmerman acted in self-defense. the next difference is in the next sentence. it is a defense to mr. west has sa sa said -- >> id like to argue my own instruction rather than having mr. mantei. >> i see what the differences are. the difference in what the lesser included offenses are. >> correct. i dont have an objection to...

Thats something that lee says that he never would have allowed. in fact, he suggested he advised against it. thats why hes talking out now. it seems like given whats come out in court where you heard norton talking about the decision to play that audiotape and also talking about whether or not he received instruction from his police chief about whether its a good idea to play that tape. now is the time, he says, to come out and talk about his side of the story. his version of events. and why he ...