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More than a year plotting for this moment when he can spring it on us and the court. >> the state is seeking this instruction as part of a larger scream, another trick that the state is seeking -- >> i dont want to hear the word "trick" anymore in regard to these arguments anymore. >> criminal statutes are pretty precise, designed to put people on notice whats illegal and what isnt. so if its illegal to follow somebody to tell the police where theyre going, there better be a law against it, othe...

>> i think what we have seen and the feeling has been from people who are really emotionally invested in this is it is a trial about trayvon. it was about the trial of trayvon martin. >> lets listen in. >> the attorneys will not present their final arguments. please remember what the attorneys say is not evidence or your instruction on the law. do listen closely to their arguments. they are intended to aid you in understanding the case. each side will have equal time. the state is entitled to di...

Commentary cited as legal authority to the courted. i would submit while following itself might not be illegal that following is one factor the jury is free to consider in this case. it is something that evinces the defendants state of mind. it doesnt have to be illegal and i dont think the instruction -- we want to talk about what confuses the jury. when the court starts telling them things like it is not illegal to walk across the street. it is not illegal to walk home from 7-eleven in the rai...

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...

Himself. it is an alternative. it is not required. were not asking for it. were asking for exactly what happened in this case and that is that george zimmerman was resisting reasonably imminent death or great bodily harm as this proposed instruction reads, and in fact frankly as the old one did, too. >> there you go. look, this is hard work. she is the boss. so can say things like dont use the word trick in my courtroom again. i dont like that language and i dont like that tone and she has done ...

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...

Iron fist and she has kept this process moving. i will remind you about o.j. simpsons case took over nine months and judge ito may not have ruled with an iron fist as this judge does, love her or hate her, its moving and thats important. >> there is no objection to that instruction being given. is that the same today? >> it is from the state. >> mr. west, you dont have to keep jumping up and down. you can remain seated. >> thank you. >> youre welcome. >> i just caught something here, whether wer...

Suspicious, by your own definition, frankly, whatever you think is suspicious is good enough under neighborhood watch or by any other measure and you call the police and youre asked to let you know if he does anything else and you follow the person in order to be able to tell the police where they went, by car, on foot, what have you. thats not legal provocation and it would be error, and frankly, promoting miscarriage of justice if the state were allowed to argue that to this jury. >> there is ...

Ashley banfield reporting at the criminal justice center in seminole county. were awaiting the return of the attorneys in the courtroom. theyre still fighting over the wording of the jury instructions and one critical instruction, whether this jury is allowed to consider the lesser included charge of third degree felony murder child abuse being the underlying felony. it is a huge, huge blow to the defense in this case if this happens. theyre trying so hard to get that excluded and they said it w...

>> they did have the morning off. i was in the courtroom earlier. they were not there for this particular hearing. i can tell you this. when you go upstairs, you do get a sense that there is heightened law enforcement presence here, that theyre just paying very close attention to everything happening around here. i can tell you walking the grounds a bit things are peaceful, not a lot happening out here, but you do get that sense. theyre looking outside the windows. >> george, the judge has start...