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Law was not there to support it. it's a totally different offense, it involves someone assaulting another person without the intent to kill. yonk there i don't think there's any question when george zimmerman pulled the gun, he intended to shoot and kill trayvon martin. >> let's go back to rich mantei, making the case, that these lesser charges should be considered by the jury. >> so, your honor, the state believes that the law and the facts demonstrated here-in would permit the instruction on third degree felony murder so long as it is compliant with the requirements that, a, the underlying f...

Commit applicable felony upon him or any dwelling in which he was present. >> he wasn't in his house. >> it's either the applicable felony or in his house. >> no. >> that's the use of -- that's the justifiable use of deadly force. >> no. we disagree. >> well, then get me case law that says that's a wrong interpretatio interpretation. >> look under the standard instructions, actually, i have both. i have the proposed ones as well that the court directed us to. the courted is looking at the wrong part of the instruction, as is mr. mantei. give, if applicable under 776.012 and 776.031. a person i...

Company. >> okay. that's an issue. what about the rest of the instruction? >> the rest of the instruction, beginning with the line however the use of deadly force is not justifiable if you find the defense has inserted the phrase beyond a reasonable doubt. >> you're going too fast for me. >> sorry. >> the line however -- >> okay. >> the use of deadly force is not justifiable if you find the defense has inserted the phrase beyond a reasonable doubt at that point. >> okay. i see that. what is the purpose of that? >> i assume it is simply to restate what is said at the very last paragraph on the ...

>> as it relates to that instruction, your honor, the first line really isn't in dispute with the exception the name change, that being at issue in this case is whether george zimmerman acted in self-defense. the next difference is in the next sentence. it is a defense to mr. west has sa sa said -- >> i'd like to argue my own instruction rather than having mr. mantei. >> i see what the differences are. the difference in what the lesser included offenses are. >> correct. i don't have an objection to the phraseology in the defense's proposed instruction such that it would read it is a defense to...

That's something that lee says that he never would have allowed. in fact, he suggested he advised against it. that's why he's talking out now. it seems like given what's come out in court where you heard norton talking about the decision to play that audiotape and also talking about whether or not he received instruction from his police chief about whether it's a good idea to play that tape. now is the time, he says, to come out and talk about his side of the story. his version of events. and why he decided, you know, playing that audiotape was a bad idea. but also about that investigative pro...