but it's been giving the region the case of the willies. we have an exclusive report coming up later on. the other breaking news, the trayvon martin case. the first hints of what the prosecutors know about the first night that george zimmerman shot and killed the 17-year-old. the first inkling of how they'll persuade a jury that zimmerman committed murder in the second degree. the defendant appearing by video hookup today from the seminole county jail, saying very little. >> mr. zimmerman, you're here for a charge of murder in the second degree and you're represented by mr. o'mara, is that true? >> yes, sir. >> the judge ruling there's probable cause to proceed. lawyer mark o'mara not yet asking for bail. and as for his first night in jail, he was kept in observation and he was seen weeping at times. abc news also reporting that there was no sign of scarring on the back of his head. remember, trayvon martin was painted a as the aggressor in this, saying that zimmerman -- this is as his brother told piers morgan last night. >> surprise attacked, punched so hard in the nose the nose is broken, sat on their chest, using their last available breaths to call and scream for help. >> now, prosecution has a different take and tonight for 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. now, here are the main points as they see it. zimmerman's call to 911. quote, zimmerman made reference to people he felt had committed and gotten away with break-ins in the neighborhood. later, while talking about martin, zimmerman stated, quote, these a-holes they always get 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 believe. second, 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 u. >> the affidavit highlights this point. quote, zimmerman disregarded the police dispatcher and continued to follow martin who is trying to return to his home. now, the picture they're painting, and remember it is their picture, not a proven fact, is that 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. quote, the witness prosecutors write advised that martin was scared because he was being followed by an unknown male and didn't know why. and his girlfriend told the martin legal team and indicates that the prosecutors believe her. and then prosecutors write, zimmerman confronted martin and a struggle ensued. now, remember this is the prosecution 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 the 911 tape which martin's mother identifies as those of her son. they don't know say whether they have done any voice analysis. the affidavit also says that zimmerman shot martin in the chest. the autopsy says no specifics, but it ends with a hint of more to come. the facts mentioned in the affidavit are not a complete recitation of all the pertinent facts, but are only presented for a determination of probable cause for second-degree murder. certainly a lot to talk about with mark geragos and mark nejame. also author and former los angeles deputy district attorney marcia clark. her newest book comes out next month. marcia, let me start with you. the probable cause affidavit quotes george zimmerman on the 911 call saying these f'ing punks. the last word has been open to fierce debate. the fact that they're saying that it's the word punks and not the other word -- the racial epithet that some believe. what does that mean to you? what does it mean for the case? >> my estimation of this right now, anderson s 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. i think they're just being very careful not to put something that incendiary that they can't think prove. before you throw out the word we're thinking of that was shown on enhanced tape on your show, you better be sure you have the technician and the advisers and the technical support with enormous credibility to say, yes, that's what this tape shows. they had better not put it out there. i don't 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. i think that's actually very responsible of them. >> 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 heard and many felt they had heard different things. mark ggeragos, it does say these are the bare facts. do you believe there's a large number of other facts? why not give more facts now? >> well, you know, i always laugh that the standard for probable cause is is my client breathing? and 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 you need for malice for second degree. so to the extend that they have some mental state, that's fine. the problem with this probable cause affidavit i think is it still doesn't address the florida law, because the florida law even if he's the aggressor there's a certain point 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 have to wait until it unfolds. 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 and a struggle ensued. now, that's open to fierce debate because zimmerman supporters have said he stopped pursuing martin. there was martin who confronted him. at one point in the tape, zimmerman said that martin is approaching him. so the fact they're quoting it like that way a struggle ensued, does that give any insight into any evidence the prosecutor has or they're trying to leave it as vague as possible? >> no, i think anderson, you've hit a home 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 have only got a witness who saw the struggle. they don't have anything after the 911 or in between the fill in the 911 and the phone call with the girlfriend. so i think otherwise, they would have put something in between that gap. they're just fast forwarding, the struggle ensues. even with the struggle, they still have to deal with this common, you know, the 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 we know. zimmerman does not pose a risk of flight. he turned himself in, while rumors were flying everywhere that he had fled the country which he had a right to do before the charges were brought or the warrant filed. the fact of the matter is he stayed here and he turned himself in as soon as it 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. understand that in florida it's proof evidence, presumption great. is the proof evident, presumption great that he's responsible for second-degree murder? with all the questions flying, absolutely not. >> marcia clark, 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 if she used punks in this affidavit, could it be used against her? >> i don't think so. she could say, i'm not going throw out a racial slur unless i can prove that is indeed what it is. i'm going to be very careful. so it shows her to be responsible. i think she can explain it that way. if she does wind up having the technical support justifying a th regard to the self-defense, stand your ground law, people have been naming this law as though it's something unusual and unique to florida. it isn't. california has stand your ground law as the same thing. the same language used in the self-defense instruction. what you have to remember 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 can't just say he looked scary to me so i thought i had to defend myself. >> but the big difference is -- right. it's a subjective standard and you have this intermediate step of the immunity hearing. right. you have the intermediate immunity hear by a preponderance or clear and convincing and that's completely absent from florida law. >> marcia, you say that's an objective standard -- >> let mark nejame -- >> hang on, mark. that's a procedural issue. mark is correct about that. we don't have that hearing although we'd have the hearings and they'd a -- well, i'm not going to name the code. all i'm saying is that the law itself is -- the law itself is really the basically the same and in many, many states you have a right to stand your ground. you're not obligated to retreat. but in all states you have to prove you had a reasonable belief in imminent body harm or death. >> mark nejame? >> but the difference is, you can repel life force with life force. here, purely subjective standard. you could have somebody who might be factually wrong that they're in imminent -- 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. there's a real issue here. >> zimmerman's attorney rekwelsed that all court records be sealed. would that include the forensic evidence and autopsy reports and all this? >> yes, i don't think he'll get very far with that. the other mark here can tell you florida may be the most open sunshine state in terms of the laws of any place i have ever seen. i think what the thinking is that he wants to try this in the courtroom and not in the press. to -- one of the observations i made today after hearing about the probable cause, the media has had most of this stuff out there in pretty good detail and has had a pretty good accurate recitation of what their evidence is. there wasn't a whole lot of new things that i saw in there or heard in there. and not a whole lot of surprises in that. i don't think this thing is going to be as slam dunk for the prosecution as a lot of people. >> we have to leave it there. let us know what you think, follow me on twitter @anderson cooper. ahead, we have more on the failed north korea rocket launch. and trayvon martin's family, his mother and family lawyer benjamin crump are here. americans believe they should be in charge of their own future. how they'll live tomorrow. for more than 116 years, ameriprise financial has worked for their clients' futures. helping millions of americans retire on their terms. when they want. where they want. doing what they want. ameriprise. the strength of a leader in retirement planning. the heart of 10,000 advisors working with you one-to-one. together for your future. ♪ 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 today after his first night in jail. the judge ruling there was another evidence to proceed. 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, his brother jahvaris, 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 didn't actually sit down and see the whole thing. >> what is that like to see it? this is 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. >> jahvaris, 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 journey. 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. what i actually said was, i retreated what tracy had just said. 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. by 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 chased 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 second level of the trial and getting him sentenced and prosecuted and everything, so that we can move forward with this. because we want him to be held accountable for what he's done. >> jahvaris, what do you want people to know about your brother? we haven't heard much from you all this time. i can't imagine how hard this has been for you. what do you want people to, in all of this, remember about your brother? >> i would like them to remember that he wasn't this, you know, violent, confrontational person that george zimmerman is making him out to be. you know, he loved kids, he loved sports. you know, he was just a regular kid. i mean, the stuff they say, i disagree with. that wasn't him. >> when you heard that this had happened, i mean, what was your -- beyond the grief of it, did it seem real to you? did it seem impossible to you that this had happened? >> mm-hmm, i didn't believe it at all. i -- i remember that conversation i had with my mother on the phone -- >> she called you to tell you? >> mm-hmm. and you know, i asked her -- i told her i didn't understand. it didn't make sense at all. >> anderson, the 911 tapes, the objective evidence there is there. you can listen to it. he was pursuing trayvon. the only thing that we have where trayvon confronts him is george zimmerman's version. and i think the evidence is what matters here. not what he say, because it's very self-serving now. and trayvon isn't here to tell his side of the story. >> ben, george zimmerman's attorney is trying to get bond -- wants ultimately to get bond for his client. do you want george zimmerman out on bond? is that something that you think is acceptable? >> what we want is the judge to think about the charge, because it's a very serious charge. he shot an unarmed kid, and if convicted, he's facing a lot of time. we already saw a lot of erratic behavior on his part, so can we be sure if he's bonded out that he's not going to try to flee from justice? we hear a lot about him turning himself in. as we understand, there was a capias issued. so had he not turned himself in, i want to believe that the government would have come and got him, just as if trayvon had been the shooter, they certainly would have got him. and we believe, anderson, that trayvon would have been arrested on day one, not 44 days later. >> was it shocking for you to actually finally see george zimmerman? i mean, after all this time, there's been pictures of him, of course, but to actually see him, just a video of him? was that strange? >> well, the first time i did see him was the courthouse when we filed a lawsuit for the 911 tapes, so that was the first picture that i've seen. and then i've seen the second picture when he was arrested. but i haven't seen him yet. i wasn't shocking -- >> so you haven't watched video of the hearing today? >> i saw him on the video, and really outside of your studio, i've seen pictures of him. >> but -- and i'm sorry, i guess to ask this again, but is it disturbing -- i mean, is it shocking -- i don't know, just -- i guess i'm just curious about what is your reaction of actually seeing this person walking around? >> i have a strong faith in god and i just believe that he's a human being. at the end of the day, he's a human being. there are good people and there are bad people. and i just believe he's a human being. i don't have any hate for him in my heart. i lost my child and that hurts me a great deal. so i just want him to be held accountable for what he's done. >> but you don't have hate in your heart? >> no, i don't. >> that's a hard -- that's a remarkable thing. i think a lot of people would be -- find it hard not to feel some hate. >> well, i have faith in the legal system and i feel that he'll get his -- whatever's due to him, he'll receive it. it's not for me to judge him. >> sybrina, i appreciate you being with us. i know it's not easy, and jahvaris, as well, and benjamin crump as