martin had emerged. now, also in dispute the relevancy of george zimmerman's arrest record. his supporters say that it has no bearing on the case. though in previous weeks it was cited by the martin family. now details about trayvon martin's life are emerging, problems at school primarily and the family says they have no bearing on what happened the night the son was killed. the teen had been suspended three times from school, including once fore writing gra titi on a school drawer. the officer called it a burglary tool and the miami-dade police uncovered no evidence that the jewelry was stolen. well, today at a house democratic forum on the case attended by trayvon martin's parents, family attorney darrell parks said that his past has no bearing on his encounter the night of february 26. >> whether or not trayvon martin was a perfect student is irrelevant to whether zimmerman's conduct that night was justified. trayvon was a kid. he was another unarmed black boy whose life was lost because of unfounded stereotypes, suspicions and fears. >> we're also now learning there are competing narratives from others including the sanford police. that's a leaked account of george zimmerman's statement saying that trayvon confronted hip and slammed his head into the ground. two others confirm that trayvon martin was the aggressor and one said that it was zimmerman who cried out for help. another person seems to contradict it. >> zimmerman was standing over the body with basically straddling the body with his hands on trayvon's back. and it didn't seem to me that he was trying to help him in any way. it didn't seem to me -- i didn't hear any struggle. prior to the gunshot. and i feel like it was trayvon martin that was crying out because the minute that the gunshot went off, the whining stopped. >> she didn't actually see any confrontation or see who it was who yelled out. there's also martin's girlfriend whose account of her phone call provided by the family attorney suggests he was being followed by george zimmerman. again, aggressor or victim? two views of the same incident and it doesn't stop there. bill lee says he stands behind the investigation which resulted in no charges against george zimmerman. yet, at the same time, both abc news and a local affiliate wftv report that the police didn't buy zimmerman's account and wanted to press manslaughter charges against him. in addition, abc cited multiple sources reports the lead homicide investigator pushed for charges the night of the killing. he was overruled according to abc sources by the state's attorney's office. also today, the martin family released this new photo of their late son taken this year of his father. i spoke to one of the attorneys and tracy martin a short time ago. sabrina, abc news is reporting that the night your son was killed the lead investigator recommended that george zimmerman be charged with manslaughter. why do you think he was never charged? >> i don't think he was charged because they were trying to protect him. they -- they didn't understand how serious this was. they didn't understand the value of my son's life. >> tracy, when you heard that the lead investigator wanted charges to be brought that night, what did you think? what does that make you feel? >> it certainly confirmed all of my thoughts that this investigation had been botched from the beginning and that people other than me knew that it was supposed to be an arrest made. >> ben, why do you think charges weren't brought that night if the lead investigator thought they should be? >> you know, anderson, i think for whatever reason zimmerman profiled him and then even worse i think the police profiled trayvon martin. so it really comes down to this, anderson, and you have to ask yourself why are they doing this and what do they say? not only did the lead investigator say he recommended manslaughter, he didn't buy zimmerman's story. and it doesn't add up when you listen to the tape. >> zimmerman's account claims that zimmerman was heading back to his vehicle to await police, was attacked by your son. zimmerman claims your son punched him, banged his head against the sidewalk and tried to take his gun. do you believe that? >> i believe if there was an altercation, i believe my son was defending himself. >> tracy, when you hear that george zimmerman says he was walking back to his vehicle, does that -- and that it was your son who attacked him, does that ring at all possible to you, ring true? >> it really don't, anderson. and that's the police accounts, but what the police told me was certainly totally different than that. so i'm sure that trayvon didn't attack zimmerman. >> ben, information about that night is not only -- the information about that night is not the only information that's now leaked out to the public. trayvon's school records have also been leaked. why do you think these leaks are now appearing? is this an attempt to basically impugn his reputation? >> anderson, i think you have been -- i think you absolutely hit it on the nail. what relevance does it have to what happened on february 26. you have the whole hooded thing and you told us you wear a hoodie, you were never stopped for being suspicious. anybody who's ever been suspended i guess you hear the sanford police say that's a death sentence. that has no bearing. the only relevance is zimmerman disobeyed the police, and got out of the car and had this violent altercation with trayvon. and trayvon is dead and can't tell us his version of it. zimmerman's version just doesn't add up when you look at what trayvon was killed at. his car was nowhere near where his body was found. >> you said the account differs from what the police told you that night. what did the police tell you when they talked to you? >> i was told that -- that trayvon approached zimmerman, asked zimmerman did he have a problem. and zimmerman said no. and trayvon supposedly said, now you do, homey. and zimmerman was supposedly was reaching into the pocket for a cell phone. at that point trayvon punched him and the scuffle ensued which again knowing trayvon, trayvon, those are not the words of trayvon. trayvon is not confrontational. he would only be trying to get home. >> anderson, i have to say this. the 911 tapes said it all. those 911 tapes say it all. we heard what the people say. he was on the phone with his girlfriend from 7:12 to 7:16. where's this stuff that zimmerman says, where does that come into play where they have this exchange of words and stuff? if you listen to that tape for about 40 seconds, trayvon is crying for help. there is no self-defense here. and the self-defense everybody would tell you stops, it does not last 40 seconds with him crying for help. >> you know, some of these questions i hate to ask you, i hate to put you in in this position. i know you've talked about this a lot. you and i talked before, you said without a doubt that is trayvon's voice on the 911 call crying out for help. there's now an eyewitness who says that -- who's been interviewed who says that he saw george zimmerman crying out for help. >> people can say anything they want to. i just personally don't believe it. i know that it was my son that was crying out for help. so right now, we're hearing a lot of speculations and people just want to say whatever they want. >> in the weeks after the shooting, a lot of people were looking at george zimmerman's prior run-in with police from several years ago. now that information is being leaked out about your son, about his school records, about things he may have said or done in the past, do you think that's fair or do you think that's inappropriate? >> i think it's inappropriate, number one, because he was a minor. number two, because he was a victim. and i don't think that has any relevance to the case. my son was not doing anything that particular day. whatever he had dealings with school it was not criminal. it was not violent. he's never been arrested. >> thank you. i appreciate your time. and again, i'm sorry for your loss. >> thank you. let's talk about legally, what bearing does trayvon martin or zimmerman's past should have. joining us is areva martin, no relation and mark ger agoes. you're outraged by the leak of the school records. why? >> it made my blood boil. because we're talking about a minor, we're talking about records that are protected by both federal and state law. to get someone's school records typically there has to be written consent from the parents if we're dealing with the minor. now, some would argue that your rights to privacy might die when the person dies. but in this case in particular, the sensitive information, you know, there's precedence in other cases where information that is sensitive as this, as personal as this, there's an effort to protect that information and not disclose it. we don't know when these records were sought by the police. but we do know that they have been leaked in order -- we can't imagine that anything was intended by the records except to malign this young man's character and to now paint a picture he's not the good kid we have been hearing about for the last 30 days or so. that really troubles me. kids have a right to privacy. their records are protected by law. i think in this case in particular the police department should have acted with more integrity. >> mark, what do you make about the leaks coming out of the police department and now learning about the school records? >> well, i couldn't agree more. first of all, none of these records would ever come in to any case. they're just completely irrelevant. it's nothing more than a smear campaign. i hesitate to lay the blame at the police department. i don't know if somebody got bought off over at the school and released them. but boy, if you track this down to the police department, i can't imagine anything worse than in the middle of this firestorm that they're releasing records that they know for a fact beyond any fact, any lawyer is going to tell you this is never coming in. it's nothing more than to dirty up the victim in this case. >> well, mark, would george zimmerman's past run-in with police in which he was arrested, would that be something that could come into the trial? >> actually, interestingly enough, conceivably it could. the prosecution if they decided to go forward they may be able to use depending on what the records were and depending on how they frame it to the judge as to how they want to use it or for what purpose it might come in. as an aside i will tell you, you know, everybody's first reaction to this case is why didn't they arrest, why didn't they arrest? i think the state's attorney actually and i rarely agree with any prosecutor, but i think the state's attorney when you hear a lot of the evidence that is coming out now in the differing witnesses' accounts i think they probably had some pause here. they want to investigate it. they want to make sure that before they file charges they didn't want to jump the gun. because one of the problems you have got is if you file charges immediately and you don't have enough evidence then maybe they have to get dismissed so you do a further investigation. some of the stuff has given a different perspective for this. i think they should be applaud for doing a thorough investigation first. >> i have an issue with that though, mark. i want to say i agree with you that a thorough investigation is appropriate in every case and we want all of the facts to be gathered. but what we're not hearing about is that investigation. we're not hearing that an investigation was underway by this police department. you know, since the time of the young man's death. what we are hearing is that trayvon was tested for drugs and that trayvon's records were requested. we are not hearing about an investigation to get to the truth. that's what's puzzling here. this is troubling. >> right. don't misunderstand me. i don't disagree with you about the police investigation, but my understanding of how they operate down there is that the police will take a file over to state's attorney and then the state's attorney can do their own investigation. so i think that the police, you know, they're the ones hopefully not, but it appears that they're the ones who are leaking this information to dirty up trayvon. >> how common is it for police to leak out -- to leak out information because they have been criticized now for weeks? >> yeah and i think that's fairly common practice. i see it happen all the time in my practice when representing the victims of after shooting, the next thing you hear about is all kinds of irrelevant stuff to try to demonize the victim to basically say he had it coming. that's what's so offensive about this. >> areva, is there a double standard? is it's not okay to look at trayvon martin's record, why is it okay to look at george zimmerman's past arrest? >> totally different, anderson. trayvon is the victim here. trayvon didn't commit any crimes. when you look at the records, this young man was suspended from school. zimmerman didn't know anything about that, so there can't even be a claim that this information may have caused him to believe that trayvon was dangerous or give him cause to act in the way that he acted. these are totally unrelated matters. happening at school. as the mom has already told us in numerous interviews, trayvon has no criminal record. he's never been arrested. there's nothing in his school records to suggest that this information is even relevant. i wonder, anderson, if trayvon was an honor student, if he was a straight-a student, if he was on his way to harvard would we see these records being released by the police department? i don't think so. >> interesting. look, we'll look it leave. always good to have you on. as always, more on cnn.com. let us know what you think on facebook and google plus. i have been tweeting about it. a lot of folks responding. let me know what you think. should this matter, should any of their backgrounds matter? other news tonight, the terrifying moments caught an tape as an airline captain wandering ranting through the cabin. passengers are wrestling the captain to the ground. that's not even half the story. a clever co-pilot may have averted disaster, next. ♪ [ female announcer ] introducing new nature valley protein bars. 100% natural ingredients like roasted peanuts... ♪ ...creamy peanut butter, and a rich dark chocolate flavor. plus, 10 grams of great tasting protein in every bar. so it's energy straight from nature to you. new nature valley protein bars. find them in the granola bar aisle. two of the most important are energy security and economic growth. north america actually has one of the largest oil reserves in the world. a large part of that is oil sands. this resource has the ability to create hundreds of thousands of jobs. at our kearl project in canada, we'll be able to produce these oil sands with the same emissions as many other oils and that's a huge breakthrough. that's good for our country's energy security and our economy. have 46 grams of whole grains... mmmm. ...and a touch of sweetness. you'll be delighted to discover how good they taste. whwheeeeeeeeeeeeeeeeeee! whwheeee! ! whwheeee!! whwheeeeeeeeeeeeeeeee! ahah h heaeadsds u up. whwheeeeeeeeeeeeeeeeeee! evevererytythihingng y youou l , nonow w momobibilele.. dodownwnloloadad t thehe n nep totodaday.y. in open mics, president's remarks to the russian president setting off a firestorm. here's it again if you missed it. >> this is my last election, i'll have more flexibility. >> well, republicans quickly pounced on the president they painted as ready to give away the store if re-elected and for underestimating they say the russian threat. >> this is without question our number we geopolitical foe. they fight every cause for the world's worst actors. the idea that he has some more flexibility in mind for russia is very, very troubling indeed. >> well, that remark and others drew some return fire and campaign advice from russia's president. >> i would advise two things to all u.s. candidates including the person you mentioned. my first advice to listen to reason. reason never harmed a presidential candidate. my other advice is to check their clocks from time to time. it's 2012, not the mid 1970s. >> well, remains to be seen whether president obama welcomes the assist. but he seemed to be okay joking about it today. >> first of all, are the mics on? look, what what i said yesterday, ben, i think something that everybody in this room understands. >> joining us right now is ari fleischer and stephanie cutter. a lot of republican critics are saying, look, the president will be a different person if he's re-elected. that this flexibility he referred to means he'll make a bee line for the hard left or change his policies. what's your response? >> i think that that is just -- just doesn't hold true. look at his record. it's one of the toughest foreign policy records of any administration. you know, we've got gadhafi, we put an end to the war in iraq, we're drawning down in afghanistan. we have the toughest sanction against iran and russia is joining us in the sanction. so i don't think the record bears true. the president explained it. you know, we are in the last eight months of an election year. it's very unlikely that republican congress is even going to give us funding for a missile defense system, but doesn't mean we're not committed to implementing it. in fact, we're implementing it. for more than a year now. so the facts speak for themselves. there's no, you know, secret message in here. it's all out in the open. the president spoke to it today. >> house speaker john boehner said he doesn't think the president should be criticized when he's overseas on a trip like this. what did you think of what president obama said? >> well, he's just off the airplane, so let me respond to it. this one of the worst displays i have seen on a president on foreign soil or domestic. he's saying, give me space because i have to act one way before the election and after the election i have the flexibility to what i really want to do. in the case of missile defense, he's saying there's no negotiation, the only one we have it. after the election he said i'll yield to you on missile defense. why can't he say it now? why does he have to lean in and whisper it so nobody can hear what he says? >> stephanie? >> that's not true. the president spoke just this week in south korea to the entire world about missile defense. we have taken the steps necessary to implement missile defense. so ari, you think this is a ruse? you know it doesn't work that way. >> well, actually, it's a pattern with president obama. all you have to do is look at his race against hillary clinton interestingly. before the ohio primary, senator clinton advocated pulling out of nafta if we don't renegotiate it. and later we found out that three weeks before he said that, he sent his top economic aide canada yns and he said, give them space. it's a pattern with president obama. i'd love to hear from stephanie, can she assure us that the president has made no other statements like that to arab or palestinian leaders, give me space and after the election i'll have more flexibility to deal with israel? can you assure he's not done that? >> well, if we're going to bring up an attack which is slightly ridiculous that is four years old about nafta treaty and austin ghouls by going to canada, look at what we have gotten through, to protect our environment and have greater impact than just the korea trade agreement, have a greater impact on american jobs of the last nine treaties combined. so i think that the facts speak for themselves rather than the political innuendo and talking points being thrown at us. this is a sitting president with a strong foreign policy reco