Page 713 - Instruction News Today

Injuries will be much, much more. >> but the instruction that the jury will get, you dont have to have any injury. if i was a defense lawyer, juror number three, make sure you go back to the jury room, remind the jurors. he doesnt have to have any injury. >> i wouldnt be in reasonable fear if i had a gun and a 17-year-old in front of me. >> important youll see later. well show you how dark it is back there. panel, stay with us. right now, tonights first hot button issue on gretawire.com. was the...

In fact i include it later. but what hes asserting is its the only thing that is application and thats where he and i 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. >> sorry. the use of deadly force is not -- defense has inserted the phrase if you find beyond...

>> yes, your honor. >> you had discussion with your lawyers about that? >> yes, your honor. the defense attorney could hardly contain himself when the prosecutors said third degrees fit because it was child abuse. >> this is outrageous. it is outrageous that the state seeks to do this at this time in the case. if the court wants to recess several hours that we can research and draft the cases and draft a memo of law, we can do that and we are entitled to respond in a moaningful way. it is hard f...

So we know that george zimmerman had some injuries on the front of his face, on the back of his head, some lacerations, some bruises. the defense says those are big and those show a reasonable fear of great bodily harm. in fact he had already been inflicted with great bodily harm. the prosecution says are you kidding me? those are minor injuries and he panicked. he overreacted and therefore this is a murder or manslaughter case. so the wording of that instruction is very important and thats why ...

About no action -- the court will read the whole instruction to you. in terms of how you decide -- we talked briefly about that. to the evidence entried, the case must be decided only on the evidence, what the lawyers say is not evidence, and you are not even to consider it as such. you may not decide if it gives you bias or sympathy or anger or feel sorry for anyone. why do we have such rules? what if? thats not a lack of evidence. could always be more. thats not reasonable you will

And review these cases, draft a memo of law, we can do that. we are entitled the to respond in a meaningful way. but it is hard for me to imagine the court would take this seriously. certainly the court wasnt provided with the case law either or given any hint that this is where this was going to go. >> in all due respect to that statement, the court hasnt been provided a lot of things that have been requested until late in the evening until the last minute or i requested of it. that in and of i...

Issue in this case. >> where where in your proposed instruction does it have the definition of great bodily harm? >> it doesnt. i gave the language that the supreme court used. thats the standard instruction. the supreme court did not define great bodily harm in the standard instruction for justifiable use of deadly force. >> but the state is saying that this authority as previously cited, cites to owens versus state, and c.a.c. versus

Supports that requested instruction, mr. west? >> it is an accurate statement of the law. >> show me where thats codified. good morning, this is thomas roberts in new york and were going the back and forth between the attorneys on both sides talking with the judge presiding over the george zimmerman trial. as we get to the closing and final chapter of this trial because the jury is going to be brought in in early afternoon when the prosecutors at 1:00 p.m. begin their final arguments. whats go...

Prosecutor. but theres no evidence -- >> wait a minute. they still have to look at the totality of circumstances back there, diana. they have to look at the totality of circumstances. and we want to know what was in george zimmermans mind, but we also want to know what was trayvon martin whos dead and cannot talk to us about what was in his mind. >> thats not the totality. what was in trayvon martins mind will have nothing to do with the jury instruction, nothing whatsoever whatsoever. nothing. ...

Instruction number one, defining great bodily harm, setting the authority of 847 second 423. 2003. suggested instruction reads great bodily harm in the context of the aggravated battery means great harm is distinguished from slight, trivial, minor or moderate harm. and as such does not include mere bruises as are likely to be inflicted on simple assault or battery. that would be in the court was giving the instruction on the justifiable use of deadly force that included the force of the felony b...