Page 20 - Doesnt Support News Today

Instructions that are online and in the rules of criminal procedure books indicates that the offense charge of second degree murder, a category 1, is manslaughter. a category 2 is third degree felony murder. vehicular homicide, non-homicide lessers would be an attempt, culpable negligence, aggravated battery, aggravated assault, battery and assault. these are part of the jury instructions that have been known to this court since ive been on the bench. so-disclosure. >> would the court ever for a...

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...

Animation and that reenactment of the crime scene. that is possibly going to be used in the closing arguments for the defense. remember, that judge debra nelson said it cant be used as evidence. the jury cant take it back to the jury room and they cant touch it or see it play out there, but she says it can be used as a tool, a demonstrative tool and that seems to be, from what we understand, what could happen when the defense gives its closing arguments. to let this jury see how the defense team...

What truly happened and seek justice. >> reporter: lee says the investigation started that night. they took george zimmerman into custody for questioning and he claimed self-defense and the sanford police department let him go. your lead investigator suggested manslaughter on that initial police report. why is it for 40 plus days george zimmerman walked a free man? >> the laws of the state of florida and the constitution require you to have probable cause to arrest someone. the evidence and the ...

No evidence of anything other than this statement that trayvon martin was a minor, 17 years old. first of all, i move to strike it as surplusage, because its not related to any element of the offense for which george zimmerman is charged, nor related to any conceivable lesser included offense. so, i guess whats happened now, since the time that the state filed its information in april, that theyve been lying in wait, collecting all this, loosely connected child abuse case law, where 2 year-olds ...

>> page, you hear rich manti, the prosecutor saying because trayvon martin was 17 years old, under 18, there was third degree felony murder charge available because of what he described as child abuse. hes making that case right now. >> he has to first prove the underlying felony, prove there was actual child abuse that occurred in this case. i agree with paul, its a stretch here, i dont think the judge would give it. a lot of people are wondering why at this point are we trying to figure out wh...

Language as a mirror of the change -- >> theyre not objecting. >> but i am. in the sense -- >> you dont want it included in what you put in yours? >> no. i put beyond a reasonable doubt in there and the state agrees, so were past that. >> okay. >> i included this whole section, which is based upon mr. zimmerman initially provoking the use of force against him. >> i dont think they have an objection to the section. >> no. i do. but -- >> then, why did you put it in your instructions? >> for discu...

Homicide be offered. >> but the evidence doesnt support that and the states argument is at first yesterday when they provided the court with the possible lessers and one of them was aggravated assault, i didnt have any information available to me that led me to believe that that would be a charge that would be given because the facts did not support an aggravated assault lesser included offense. their argument today is that the facts support a third degree felony murder with the underlying enume...

This was a trick? >> my intention right now is to get through the rest of the jury instructions because if we have any arguments about the other, i would like to get them lresolve. >> unusually heated arguments as theyre trying to decide on the instructions to jury. let go back in live. >> other than this sense that she sensed movement or shadows or something. so lets assume even -- we cant assume thats true because it makes no sense compared with the other evidence in the case. that the evidenc...

>> yes. >> also there are some instructions to give only if there is evidence of what is seeking to be defined. >> the court just read it correctly that it requires, one, justified in the use of deadly force doesnt have the duty to retreat if, one -- >> thats not 776.012. im looking at the instruction. >> but what im saying the ininstruction refers you to the statute and im reading the statute. the statute says person is justified this using force