Transcripts For CNNW Anderson Cooper 360 20120413 : vimarsan

CNNW Anderson Cooper 360 April 13, 2012



>> reporter: i'm just hearing you now, anderson. what i can tell you is that the japanese government is saying that they believe the flying vessel from north korea, they did detect it and that it was in the air for just over one minute. now, the plan was that if that flew over japanese territory, if the rocket broke up and started to threaten this land, that the patriot missile you see behind me, it's an intercepter missile, land-to-air, that it would fire off and that it potentially would with try to take some of those pieces down. that was not the case, because the rocket then in just over one minute did break up, according to the japanese government, and then fell harmlessly into the sea. at this point, japanese security meeting is taking place and they expect to have some sort of guidance after that meeting wraps up, some time this morning here in tokyo, anderson. >> kyung lah, appreciate the reporting on that. we're going to check in with our correspondent, stan grant, who's actually inside north korea, in pyongyang, we'll talk to him later on in the program. the other breaking news tonight is in the trayvon martin case. the first hints of what prosecutors know about the night george zimmerman shot and killed the 17-year-old. the first inkling of how they might persuade a jury that zimmerman pursued martin, confronted him, and committed murder in the second degree. the defendant, appearing by video hookup today from the seminole county jail for a probable cause hearing, saying very little. >> mr. zimmerman, you're appearing here for your first appearance at this time for charge of murder in the second degree and you are represented by mr. o'mara, is that true? >> yes, sir. >> judge mark her ruling there is probable cause to proceed. zimmerman's lawyer, mark o'mara, not yet asking for bail. abc news citing a law enforcement official says he was kept in isolation under observation and was seen weeping at times. abc news also reporting that there were no signs of scarring on the back of his head. now, remember, zimmerman and his family paint trayvon martin as the aggressor in this, saying that zimmerman was, as his brother was told piers morgan last night. >> surprise attacked, punched so hard in the nose that their nose is broken, sat on their chest, using their last available breaths to call and scream for help. >> now, as you might imagine, the prosecution has a different take, and tonight for the first time, we have the beginning of the outline of it. they lay it out in the probable cause affidavit they gave the court today. here are the main points as they see it. there's zimmerman's call to 911. "zimmerman made reference to people he felt had committed and gotten away with break-ins in the neighborhood. later, while talking about mart martin, zimmerman stated, quote, these a-holes, they always got away, and also said, quote, these f'ing punks." two things jump out here. first, the prosecutors appear to have analyzed the tape and concluded that zimmerman did not utter a racial slur, as some believed. second, that they appear to be tying the two remarks together and making the case that zimmerman had already made up his mind, that he was pursuing a potential criminal. then there's this. listen. >> are you following him? >> yeah. >> okay. we don't need you to do that. >> okay. >> the affidavit highlights this point. "zimmerman disregarded the police dispatcher and continued to follow martin, who was trying to return to his home." the picture they're painting, and remember, it is their picture, not proven fact, is of george zimmerman pursuing trayvon martin, as if he were a suspect. the affidavit also gives credence to martin's girlfriend, who was on the phone with him, almost until the end. "the witness," prosecutors write, "advised that martin was scared because he was being followed through the complex by an unknown male and tdidn't kno why." this squares with what the girlfriend told the martin legal team. and then contrary to zimmerman's claim of being ambushed and sucker punched, prosecutors write, "zimmerman confronted martin and a struggle ensued." this is the prosecution's version, not fact. they go on to mention that witnesses heard the struggle, but do not elaborate on who or how many witnesses they have actually interviewed. they say cries for help were caught on a 911 tape, which martin's mother identifies as those of her son. they don't say whether they've done any voice analysis. zimmerman and his family claim he was the one crying out. an autopsy was done, give is no specifics, mentioning only that mardin d mardtin died with a gunshot wound. "the facts mentioned in this affidavit are not a complete recitation of all the pert tent facts and information this case, but are only presented for a determination of probable cause for second-degree murder." there's a lot to talk about. defense attorneys mark geragos and mark nejame, also marcia clark. her newest book "guilt by degrees," comes out next month. marcia, i want to start with you. the probable cause affidavit quotes george zimmerman on the 911 calls as saying, "these f'ing punks." that last word has been open to debate. the fact they're saying it's the word "punks" and not other word, a racial epithet, that some believe, what does that mean for you? what does it mean for the case? >> my estimation of this right now, anderson, is that they're being very careful, as they should be. this is, remember, just an affidavit of probable cause, it's in the very early stages of the investigation, and the case itself, and i think they're just being very careful not to put something that incendiary, that they may not ultimately with able to prove. before you throw out a word like we're thinking of, the one that was early shown on an enhanced tape by your show, before you do that, you better be very, very sure that you have the technicians, the advisers and all the technical support you can possibly muster with enormous credibility to say, yes, that is what this tape, in fact, shows. until they have that, they had better not put it out there. i don't necessarily believe that the word "punk" is going to be written in stone and it will stay there. i think it can change. but they're not doing it right now. and i think that's actually very responsible of them. >> and just for the record, when we isolated those two phrases and that word on the show, we did not make any determination of what word was used. we left that up to viewers to determine what they felt they had heard, and many of our viewers felt they had heard different things. mark geragos, to you, i mean, it does say in this affidavit, these are the bare facts. do you anticipate that there are a large number of other facts that they have access to at this point? with i mean, why not give more facts now? >> well, i always laugh that the standard for probable cause is, is my client breathing? so you don't have to put out a whole lot. and in this case, that probable cause declaration is about as bare bones as you can get. having said that, the things that they are looking for, you don't need anything in terms of a racial epithet or anything like that. if it's punks and then you're talking about a-hole or somebody getting away with it, that in and of itself, the prosecutor could argue, shows the ill will or depraved heart or depraved mind that you need for malice for second-degree. so to the extent that they have some mental state, that's fine. the problem with this probable cause affidavit, i think is , i still doesn't address the florida law. because the florida law, even if he's the aggressor, there's certain points where george zimmerman can make the argument that trayvon martin should have retreated and that trayvon martin, once there was a scuffle, should have retreated. so there's so many nuances in this and it's so complex because of this particular law and the way that it's written, that we're just going to have to wait until it unfolds. and actually, i think, wait until the immunity hearing. because the immunity hearing is what's going to be make or break for zimmerman. >> mark, to your point, at one point in the affidavit, it says, zimmerman disregarded the police dispatcher, continued to follow martin, who was trying to return to his home. zimmerman confronted martin and a struggle ensued. that's open to fierce debate, because zimmerman supporters say he stopped pursuing martin and it was martin who confronted him. and at one point on the tape, zimmerman said that martin is approaching him. so the fact they are quoting it like that way, a struggle ensued, does that give any insight into what evidence the prosecutor has, or are they just trying to leave it as vague as possible? >> no, anderson, i think you've hit a roam run there with your analysis. because i think they don't have someone who can fill in that gap between when the tape says, you know, don't follow, and then a struggle ensues. i think that that probably telegraphs, they've only got a witness who saw the struggle, they don't have anything after the 911 or or in between to fill in the 911 and the call with the girlfriend. because otherwise, i think they would have put something in that gap. they're just fast forwarding to "struggle ensues." and they still, even with the struggle, they have to deal with this stand your ground law. because even if there's a struggle, zimmerman still has potentially the right to use deadly force. >> mark nejame, how tough will it be for george zimmerman's attorney to actually get his client out on bond? >> well, he should be able to get him out on bond in light of the facts that we know. zimmerman apparently does not pose a risk of flight. the man turned himself in, while rumors were flying everywhere that he might have fled the country, which he had really every right to do before the charges were brought, or weren't filed. the fact of the matter is is he stayed here and he turned himself in as soon as it became public and as soon as he became known that a warrant was out. secondly, it does seem like conditions of bond could be crafted to show that he's not a danger to society. home confinement or matters such as that could easily be established. also understand that in florida, the hearing is going to be proof evident, presumption great. is the proof evident? is the presumption great that, in fact, he is responsible for second-degree murder? with all the questions flying? absolutely not. >> marcia clark, to -- you know, in the affidavit, the prosecutor is saying the word "punks" was used. can she then later on, during the trial, say, actually, a racial epithet was used and here's the evidence of that. and would the fact that she said it was "punks" in this affidavit, would that be used against her? >> i don't think it would, anderson. she can say, look, i'm being very careful, i'm not going to throw out a racial slur unless i'm sure that's what it is. it shows her to be responsible. i think she can explain it that way. if she does wind up having the technical support to justify claiming later that there was a racial slur used, and that's a big if. we don't know right now whether she'll be able to do that. with regard to the self-defense, the stand your ground law, i want to point out one thing. people have been naming this law as though it's something unusual and unique to florida. it isn't. california has a stand your ground law, the same thing, the same language used in the self-defense instruction. what you have to remember is it still requires the person who's claiming self-defense to say that they had a reasonable belief in imminent death or great bodily injury. reasonable belief. that's an objective standard. you cannot just say, hey, he looked scary to me so i thought i had to defend myself. >> yeah, but marcia, the big difference -- >> but it's not an objective standard -- >> right, it's a subjective standard -- >> it's absolutely a subjective standard -- >> and you have the intermediate step of the immunity hearing -- >> right. >> and you have the intermediate immunity hearing, which is by a preponderance or clear and convincing, and that's something that's completely absent from california law. >> that's true -- >> marcia, you say that's a procedural -- >> marcia, let mark nejame go in -- >> hold on, mark. hang on. i'm saying that's a procedural issue and mark is correct about that. we don't have that hearing, although we would certainly have hearings and pre-trial motions, where the defense would say, look, i want this whole thing thrown out on 995 -- i'm not going to throw out the code sections, mark, you know what i'm talking about. they have a specific procedure in florida, all i'm saying is that the law itself is really basically the same. and in many, many states you have the right to stand your ground. you're not obligated to retreat. but in all states, you have to prove that you have a reasonable belief in imminent death or bodily injury. >> mark, go ahead. >> but the standard law for self-defense, you can repel like force with like force. here's, it's a purely subjective standard. you can have somebody who might be factually wrong that real harm could come to them, but their belief that they're in imminent fear of bodily harm or death is enough to cross the threshold. so there's a real issue here. >> mark geragos, zimmerman's attorney requested all future court records be sealed. what's the strategy in that? and would that also include autopsy reports, forensic evidence, and the like? >> yes, i think that's what it is. i don't think he's going to get very far with that. the other mark here can probably tell you, florida may be the most open sunshine state in terms of their laws of any place i've ever seen. i think what the thinking is is that he wants to try this in the courtroom and not in the press. one of the observations i've made today after hearing the probable cause or reading the probable cause is that interestingly enough, the media has had most of this stuff out there in pretty good can detail and has had a pretty good accurate recitation of what their evidence is. so there wasn't a whole lot of new things that i saw in there or heard in there, and not a whole good of surprises in that. so i don't think this thing is going to be as slam dunk for the prosecution as a lot of people think. >> we've got to leave it there. mark geragos, marcia clark, mark nejame, appreciate it. let us know what you think. follow me on twitt twitter @sandersoncooper. ahead, more details on that failed north korean rocket launch. also next, trayvon martin's family, his mother and family lawyer, benjamin crump, are here. we'll be right back. 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[ spokesman ] when you refinance your mortgage with quicken loans, you'll find that our rates and fees are extremely competitive. because the last thing you want is to spend too much on your mortgage. one more way quicken loans is engineered to amaze. ♪ well, welcome back. the breaking news tonight, we now have the prosecution's early road map to the case against george zimmerman, who faced a probable cause hearing tonight after his first night in jail. the prosecution's affidavit laying it out. in their view, george zimmerman profiled trayvon martin, decided he was a potential criminal, as they put it, then pursued him, confronted him, and killed him after a scuffle that should not have happened. again, that's the prosecution's take. the zimmerman family says their son was attacked, nearly killed, and only fired to save his own life. now it is up to the legal system, which is what the martin family wanted from the beginning. joining me now are trayvon martin's mother, sybrina fulton, her brother, javaris, and family attorney, benjamin crump. i appreciate all you being here. sybrina, i wonder, did you watch the hearing today? did you actually see george zimmerman in court? >> we watched certain parts of it, but we department actually sit down and see the whole thing. >> what is that like to see it? is this something you've been wanting for so long, ever since your son was killed. >> it actually helps a little to see that the person that shot and killed trayvon will be held accountable for what he has done. >> javaris, as a brother, what is it like to see that? >> relief that it's happened, you know, we finally are starting to get some justice for my brother. so i'm happy about that. >> yeah. >> benjamin for you, this is really just the first step. >> yes, sir. anderson, this is the first base, really, in the true sense of the word in this case, because we have this stand your ground law, and that's going to be second base. and we've got to get through that before we can get to actually prosecution and the jury. and so we're preparing ourself for the long jury. it took us so long to just get to this point. we're relieved, especially for sybrina and tracy, to get to this point, to know that he will have to stand accountable. >> sybrina, earlier you made comments that you believe what happened between your son and george zimmerman was an accident. that got a lot of coverage, a lot of people interpreting it different ways. i wanted to give you an opportunity to explain what you meant or -- >> that wasn't actually my intent. it was taken out of context. if george zimmerman had not gotten out of his vehicle, we would not have been there and this wouldn't have happened. and i simply said that i felt that the actual encounter was an accident. but george getting out of his vehicle and having some type of confrontation with trayvon, that that was the accident. by no means do i, you know, believe that he shot and killed my son by accident. i think it was deliberate. he got out of that vehicle, with the intent to kill -- shoot and kill my son. and that's what i believe. that's what i've said from the start, that he chase md my son down like an animal and he killed him. >> you've talked about justice for your son. is -- how do you define justice now? is justice just having a trial? is justice having this man convicted? for you, what is justice? >> well, justice is a few things, but first of all, we needed an arrest. because he cannot be held accountable for what he's done if he has not been arrested. so that was our first step. now we're going to move into the secon

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