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Throughout history where the judge should use in his view -- should use as precedent to throw out the charges against george zimmerman. he said george zimmerman did not act with ill will, spite and hatred and those would be the requirements to convict him of second degree murder. >> almost impossible for that ill will and hatred to grow so quickly in the middle of a fray or fight or altercation, quite honestly such as we have here. wiley vs. state, 60 southern 3rd, 588. in that case, there was a fight and wiley decided to take out his gun and smack it against the eventual victim. so, it was a ...

They'll learn the prosecution rested and then we'll hear the judge's decision on the judgment of acquittal, asking the judge to toss out the against against zimmerman. take a listen. >> if you looked at evidence in the light most favorable to the state you have equivocal statements, jahvaris fulton, who says i'm not sure, and then miss fulton, who, though she did testify that is her son's voice, you have to take it in context. you have to understand reasonably why she would say that, how she would say that and the circumstances under which it was done. that piece of evidence in and of itself, ...

To present a case, what kind of case are we looking at? >> i don't think the judge will grant this motion. if this case does go to the jury they will likely get the instruction for manslaughter, which is a lesser included offense, it in penalty under floor law for manslaughter is the same for murder 2, so that would still be a victory for the prosecution. i think if the jurors follow the law they'll have a complete acquittal here, and also, just to touch on another point, the all-female juror, from my experience it's difficult to say how any juror will vote, much less based on gender. i think ...

Take us behind the scenes when you're the defense attorney and making this request, to have the case thrown out. what is mark o'mara trying to do and what does he only think will happen when he is done? >> i think we all expected that o'mara would bring this motion. i don't think the judge is going to grant it because the case has gotten to politicized. she is going to send it to the jury but he is making the arguments we as defense attorneys make. he is saying the state has utterly failed to prove beyond a reasonable doubt this is a murder 2 case. they need to prove murder el, ill will, and m...

Whether you're getting new insurance or supplementing what you already have, call now and ask one of their representatives about a plan that meets your needs. so, what are you waiting for? go call now! we'll finish up here. >> the prosecution rests. the defense argues the case against george zimmerman be tossed out. the judge will have to decide. a pivotal day of testimony in the george zimmerman murder trial.