She told the court it was absolutely her sons voice yelling for help in the background of a neighbors 911 call, but mr. Martin previously said that it wasnt his sons voice. It was key testimony. At the heart of the issue whether or not zimmerman acted, as he claims, in selfdefense. Since the prosecution rested its case on friday, the defense has already called about a dozen witnesses, including zimmermans mother, who said late friday that it was her sons voice on that tape, and not trayvons. Some ten witnesses took the stand today, and more are on the way. Lets get to msnbcs craig melvin for the latest from the florida courthouse. Craig . Reporter michael, in the past few minutes, something major has happened here. A short time ago, in fact, just a few moments ago, judge nelson has decided to allow the toxicology report in. We expect that the state will offer a witness tomorrow to speak to the toxicology report. Just to give you some background here, dr. Bao, shiping bao testified on friday that at some point he changed his mind, not about whether there was actually marijuana in his Trayvon Martins system, but whether that marijuana would have an effect on Trayvon Martin. That happened on friday. Again, we do know that there was some marijuana in martins system. The question that was just raised with judge nelson was, you know, whether the level of marijuana in his system would impair his behavior. And, again, just moments ago, judge nelson deciding that she is going to allow that toxicology report to be admitted into evidence, saying that if she were not to do that, it would be an irreversible error. So, again, a Major Development here. We should note here, obviously, the jury was not in the courtroom for any of this. There is another hearing underway right now, and this hearing is related to an animation that the defense hopes to use. The state is objecting to the use of this animation. This is an animation that would show how this confrontation went down. The state says there are a number of problems with the animation, but among them, that it artificially depicts lighting conditions, lighting conditions there in that condo complex, and its also, quote, based completely on approximations made by various witnesses. Some of those approximations were turned around or changed once those witnesses took the stand. So, again, jury not in the courtroom, but to one semi important hearing, but with regards to the toxicology report, again, a very important hearing. Because judge nelson earlier ruled that the toxicology report would not be admitted, would not be allowed into Opening Statements, but left the door open to the fact that it could be reviewed later on in the case. That review just happened, and again, that will happen tomorrow. You mentioned tracy martin. Tracy martin, obviously being the biggest witness of the day. He was solemn. He was collected as he testified that his son Trayvon Martin was his best friend. He also said that he could, with regards to whether it was his sons voice on the 911 call, so much has been made over whether tracy martin said no, when he changed his mind. Today on the stand, tracy martin said he told police that he couldnt tell. He didnt say that he said, no, he said, i couldnt tell. Again, that was tracy martin, called, of course, called by the defense, not called by the state, michael. Craig, thanks for a great report. We appreciate it. Reporter thank you. For more on the trial, were joined by msnbc legal analyst, lisa bloom, alex ferrer, a former florida kirk it is court judge and myrna white, a former criminal defense attorney. I want to get in a moment to what went on with Trayvon Martins father and his testimony. But lets first talk about the toxicology, as we just heard from craig. Lisa, i presume that this will be billed as a victory for the prosecution, because now that evidence comes in. Wouldnt pot more instinctively maybe somebody seem more docile . Right. Intuitively, i think that makes Trayvon Martin seem less the aggressor. The defense has been fighting to get in, especially after the medical examiner changed his testimony last friday, it opened the door and they got to argue again. But isnt most peoples common experience with marijuana that it makes you less aggressive, more relaxed. So i dont know, ultimately, if this is really going to help the defense at all. Alex, are they misreading it . Is the defense misreading this by wanting to get that into evidence . I dont think theyre going to get it in, for the purpose of arguing that he got high, so he became violent, because i think it kind of strains all credibility. However, in the Opening Statement and throughout the case, weve heard the tape being made of the call to the police where George Zimmerman says, theres a strange guy, hes walking between the houses, he looks like hes high on drugs or something. And this tends to corroborate that he wasnt just making stuff up because he was watching a black male. He was actually reporting something that, lo and behold, he does seem to be high on something. In fact, they did argue that in the video from the 7eleven or whatever, he seemed to be swaying a little bit, which is consistent again. Myrna, isnt there a risk, though, for the defense, that there could be blowback if this is viewed as nothing but an effort to sully the man who is no longer here . Absolutely. Because the amount of marijuana in his system, we dont know how much was in the system, as it is, and was that enough, in his system, to make him act out . And i can agree with lisa, generally when people are taking marijuana, it is a docile, more mellow type of feel. Not of aggression. And these are trace amounts, i want to emphasize. Very small, very small. Other big developments today. Trayvon martins father, tracy martin, was called to the stand and delivered a stunning piece of testimony. Prior to martin taking stand, we heard from two detectives who said that they heard martin say that it wasnt his sons voice screaming for help in the background of a neighbors 911 call. Their testimony echoed a police report, which said, quote, i asked mr. Martin if the voice calling for help was that of his son. Mr. Martin clearly emotionally impacted by the recording, quietly responded, no. Heres the exchange when defense attorney mark omara asked tracy martin about that. Do you recall officer serino asking you whether or not you could identify your sons voice . Not those exact words, but something to that nature, yes. Okay. Do you recall the words, as best you can recall, that he used . As best as i recall, after he played the tape, he basically just said, do you recognize the voice . And what was your response . My response was, simply, i didnt tell him that i didnt know i didnt tell him, no, that wasnt trayvon. I kind of i think the chairs had wheels on them and i kind of pushed away from the away from the table and just kind of shook my head and said, i cant tell. So your words were, i cant tell . Something to that effect. But i never said, no, that wasnt my sons voice. I thought the attempt, lisa, at rehabilitation by the prosecution was pretty effective when essentially they brought out of the man that he didnt want to accept given the rawness of the emotions in the immediate aftermath, didnt want to accept at that juncture that his son had passed. This was totally unnecessary for the defense to put tracy martin on the stand. They already had two Police Officers saying that he denied it. This was not necessary at all. I think this is the second biggest blunder that the defense made, only after putting George Zimmerman on hannity, saying that the killing of Trayvon Martin was gods plan. Does it, myrna, all come down to a jurys determination of who they believe that voice is . Whomever the voice is was not the aggressor, consequently it could sway the entire outcome of the case, or is that too dramatic . I think its too dramatic. I think its a number of issues, in the jurys determination of who the aggressor was. They have witnesses that said, we saw the lighter man on the bottom, and another witness said that we saw the lighter man i mean, the darker man on the top. So i think its not just and i think that the defenses is belaboring that point, and as lisa said, its not necessary. I think it did more good for the prosecution, because it brought on an emotional tracy martin. And you know, after coming to the station, not knowing why he was coming, not to hear a recording, thinking maybe he was going to gather his sons things, hes very emotional. Hes distraught. Hes trying to come to grips with the terms that his son was just murdered. So i think that theyre really just belaboring that point and that thats not going to be the deciding factor for the jury. Alex, let me call on your experience as a former florida judge. Some believe that there was overcharging in this case and that the prosecution is going to have difficulty in meeting its burden with regard to a seconddegree murder charge. How difficult will it be for the prosecution, if they cant win seconddegree, to nevertheless get a manslaughter conviction . Well, its not difficult, really. The same argument was made in the Casey Anthony case, and i disagree with it as well. Some say you overcharge and the jury ends up losing confidence in you, but theyll be instructed on the lesser. Its really easy for the prosecutor to get up there and say look, weve proven these elements. If for some reason you dont agree, we have certainly proven manslaughter. If they did something outrageous, charged something ridiculous, thats not even remotely supported by the evidence, then they lose total credibility and then it might hurt them. But this was a close call. The defenses day was built around testimony from zimmermans friends and colleagues, who all say its his voice screaming for help in the background of the 911 call. Do you know who is voice that is in the background, screaming . Yes, definitely. Its georgie. I thought it was george. And tell me why you think that . Just the tone, the just the volume and the tone of what i was hearing. And it just sounded like george. I recognized his voice. Ive heard him speak many times. I have no doubt in my mind thats his voice. Whose voice is it . George zimmermans voice. Theres absolutely no doubt in my mind that its George Zimmerman. And i wish to god i did not have that ability to understand that. Lisa, given the totality of that testimony, is that why you believe it was unnecessary to call Trayvon Martins father to the stand at the end of the day . No, i think because the two Police Officers had already said that Trayvon Martins father had already said, its not my son. I have in my mind mark omaras crossexamination of Trayvon Martins mother, where he planted the idea that you have to hope that its your loved one calling out, because the alternative is unacceptable. And that applies, i think, to all of these witnesses, who care very much about George Zimmerman on one side, or care very much about Trayvon Martin on the other side. Im not saying that theyre lying. I mean, probably, some of them are right. Some of them have to be right, its one or the other. But those who are wrong are probably hoping in good faith. And isnt one of the issues, alex, that none of those who testified were familiar with both voices. Right. Weaver got individuals who are familiar with one or the other, but they dont know both. Not only that, more importantly, i dont think any of them are familiar with either voice in a panicked, screaming for your life mode. I think that they are friends, they want to believe, if theyre right, theyre probably right coincidentally, not because they ever heard their voice in a screaming for your life mode. So i really think that the jury could latch on to one or another. Its not going to be because of quantity. Its not because you presented seven and you presented two, so well go with seven. Its not going to be that. They might just wash and say, i dont think we know whose voice it is, but lets look at the other evidence. I fully recognize, it only matters what six women who are sitting in that courtroom are thinking of this case, but were all paying very close attention. Let me quickly ask each of you, as it stands today, how has the case gone in for the prosecution and the defense . Myrna, youre first . I think for the prosecution, i think its gone in well for the prosecution. Many people beg to differ and say that the prosecutions case is based primarily circumstantial and there is no reasonable doubt. But i think based on what they have, the information that they have, they put on the best case they possibly could. Alex, do you agree with that . I am one of the people who would beg to differ. I think the prosecutions case is very weak, not because of circumstantial, i have no problem with circumstantial cases, but because every witness they called became a defense witness. They gave more for the defense on some cases than the prosecution got. I dont believe theyve proven seconddegree murder. I dont know they can prove manslaughter, because of the selfdefense evidence thats in the record already, without the defense finishing, is very strong. By your analysis, should the defense have even put on a case . Oh, yes, because if he gets convicted of manslaughter, its 30 years maximum in state prison. I think they are right to put on a case. In fact, i think the m. E. Thats going to be coming, Vincent Di Maio is going to help the defenses east case tremendously as far as the lack of defense injuries on the knuckles of Trayvon Martin. Lisa bloom, where are we . I have watched almost every minute of this trial, i would say almost 99 of it. I have reviewed all of the evidence, sometimes multiple times. And i didnt come into this gunning for one side or the other. I thought the prosecution began slowly and many of the witnesses were turned for the defense. But i think that they have really picked up steam and they have established a lot of inconsistencies in George Zimmermans story. This is not a case where you can hold up one sound bite and say, see, hes guilty. It takes pulling the threads together. And a very strong closing argument. But, ive got to tell you, when George Zimmerman said on that hannity interview, as i said, that it was gods plan, you know, that really is a sour note. When you look at the evidence, like the fact that the gun was holstered inside his waistband, behind him, the gun is black. The holster is black. Its a dark night. And supposedly, Trayvon Martin saw it and reached for it. Which seems almost a physical impossibility to me. But they really havent you know, youve noted that, and i think its a great observation. They really havent made note of that in the trial, at least thus far. I hope the operative word is yet. Three great analyses, thank you so much for being here. Lisa bloom, alex ferrer and myrna white. Coming up, what happened in the final moments of that asiana flight that happened in San Franciscos airport. Its rare to hear experts talking about this so early, but the words on everyones lips seem to be pilot error. Also, you can just imagine what Eliot Spitzer was thinking, hey, if Anthony Weiner can be a frontrunner by running for mayor of new york city, why cant i run for something . So he is, for city comptroller, and joins us tonight here on hardball. Plus, dozens were killed in clashes in egypt today. Our issue tonight, is the u. S. More interested in preserving democracy or in joining the side thats winning . And let me finish tonight with one more reason why people have had it up to here with government. This is hardball, the place for politics. The daughter of former Vice President dick cheney may be about to trigger a republican civil war. Liz cheney wants to run for senate seat in wyoming currently held by fellow republican mike enzi. But enzi who is 69 years old says he has no plans to step aside, and many republicans in wyoming say that he has done nothing to warrant being tossed out. In fact, former wyoming senator alan simpson told the new york times, quote, its a disaster, a divisive, ugly situation, and all it does is open the door for democrats for 20 years. Well be right back. Welcome back to hardball. Saturdays crash landing of Asiana Airlines flight 214 in San Francisco left two dead and more than 80 injured. We just got this video shot from across San Francisco bay showing the planes chutes deploying and passengers escaping the flaming aircraft. Lets watch. Theyre running out, dude. Theyre [ bleep ] running. Oh, my god. What the [ bleep ] just happened . I told you, it just everybodys just running. This afternoon, ntsb chairwoman Deborah Hersman said investigators plan to interview the pilots tomorrow, and she had this to say about the current state of the investigation. Theyre now reviewing manuals in training. Theyre working to conduct 72hour work rest histories. And those 72hour histories are really looking at the pilots flight and duty time, their rest opportunities, and the activities that have taken place in the days leading up to the crash. In our investigations, were often looking for things that might affect human performance, like fatigue, like illnesses or medication, like health issues. And so, we will be looking at all of those things to see if there are any impacts on their ability to perform their jobs. Joining me now, pilot and aviation lawyer arthur walt. Arthur, thanks for being here. I dont remember a case like this of such catastrophic consequences, where on the tip of everybodys tongue, even if theyre not saying it, seem to be the words, pilot error. At this early stage, is that your assessment . Yes, theres no question about that. This airplane made an unstabilized approach to the airport under beautiful weather conditions. There was no reason for it not to have been stabilized. And what stabilized means is being at the proper speed, the proper descent rate, the airplane configured for landing. And this airplane, for