Page 707 - Instruction News Today

Been proven. if it hasnt been proven as the instruction tells you, it is just not there. you cant consider it. you cant fill in the gaps. you cant connect the dots for the state attorneys office in this case. youre not allowed to. >> paul, how effective is that? how effective is it to keep reminding a jury not to make assumptions? >> i think it was very effective in the case like this where the jury doesnt have the entire story. there are gaps in the story. there are inconsistencies in the story...

Thats not what the instruction says but they may come up with a compromise based on the fact that looking at a 17-year-old who is no longer alive and yet they have a suspect here, they have a defendant here that is facing these two charges. they may come up with something in the middle? >> i would not view the voluntary manslaughter as a compromise verdict. i know people say that. i think lisa is right. you make a decision based upon the evidence. sure theres give and take. the give and take cou...

Vehicle tomorrowry for the state. that wouldnt appear to be the case. its almost a mandatory thing. do you think manslaughter is a more likely verdict here? >> definitely and in most states, any reasonable view that would support manslaughter would be given anyhow. i think my own view is that the state presented a weak case to murder and i think many people feel that way but a stronger case as to manslaughter. i also in terms of what you said, jeff, i agree, but its hard to judge the prosecuti...

Understand the legal gobbly-gook, we expect jurors to understand. >> less than a minute later she followed up with this instruction to the jury. ill play the clip. >> in your consideration of the issue of self-defense, you have a reasonable doubt on the question of whether george zimmerman was justified in the use of deadly force, you should find george zimmerman not guilty. if, however, from the evidence you are convinced beyond a reasonable doubt that george zimmerman was not justified in the ...

Irrelevant. i mean, is relevant. where mark ohara or don west wasnt objecting and asking for a curative instruction is beyond me, because what he told that jury is not the state of the law. that is not what the jury instruction needs. you can look at her attitude and demeanor and if you feel theres a problem with that, you take that testimony with a grain of salt. >> can you discount her testimony because she cant read cursive? >> no, no! that has nothing -- but if she says -- did i argue that? ...

To some but to a cnn analyst that presented cases before judge nelson, its a breathe of fresh airplane. >> this case could have easily unravelled and imploded. the judge was going to have no part of it. she will let everybody know who is in charge and it will be her. >> reporter: judge nelson wasnt originally chosen to hear this case. she replaced another judge who the defense claimed had a bias against zimmerman. shes been serving on the blenc since 19 99. she earned her law degree from south t...

Judge has to give it. this is no alarming deal in court. this is nothing that required research or any surprise, trick or anything else. it was automatic. the lawyers knew it from the very first day they got in this case, or they told have and im sure they did. i know these lawyers. >> so some people that are making a big deal of a state victory because they got manslaughter introduced, thats non-sense really. it was always going to be on the table? >> its not even non-sense. of course its going...

Get out a couple miles out. they know this. this is the normal response. we cant do much about it -- >> but mike, 20 minutes? theyre saying theyre been on the ground 20 minutes. thats too long for for ambulances to show up. >> time out. do you know with 20 minutes that woman said 20 minutes? time drags when youre probably in an accident like that. i dont mean to get into this, but youve got to be very careful here. this is an accusation the people at san francisco, the emergency responders were ...

Im surprised. >> lets hear a bit of it so the viewers know what im talking about and then ill ask you. >> ive heard the argument from both sides. i am not giving that instruction. >> your honor, we submit thats an integral part of our theory of defense and the court is in error by not instructing the law of this jury properly on the law -- >> i understand. ive already ruled and you have -- you continually disagree with this court every time i make a ruling. i have provided you on three separate ...

A judge, something on display again today as she clashed with defense attorney don west over jury instructions. >> i am not giving that instruction. >> its an error to not instruct this jury properly on the law. >> you continually disagree with this court every time i make a ruling. if i have made a mistake in this case, you will appeal. this is my ruling on this issue. >> reporter: but it was this moment after a hearing late into the night that will forever be cemented in trial watchers minds. ...