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When they provided the court with the possible lessers, and one of them was aggravated assault, i didn't have any information available to me that led me to believe that that would be a charge that would be given, because the facts did not support an aggravated assault lesser included offense. >> yes. >> their argument today is that the facts support a third degree felony murder with the underlying enumerated felony being child abuse. that is permissible under the statute. if you need -- i'm not going to -- i'm not going to give you hours. you have-i don't know how many lawyers you have workin...

>> we'll make that change and that will be throughout. >> done, your honor. as far as agreement goes, we were in agreement as to the page that begins, members of t jury. yes, your honor? >> the defense version of the front page just has the style of the case. the second page of the defense proposed have what the state has placed on the first page. is there any objection to that all being on the first page, as the state proposed? >> that was a word processing issue, judge. i took the set of instructions that the state sent to us and work with that, so other than formatting, we started with the ...

Was correct. if it results in death it can indeed be third degree murder and the defendant is entitled to such an instruction to the jury and onto the next page after si corroboration in that ca case -- after citation in that case. we find the failure to give the instruction to have been reversible error. the next case is j-a-k-u-v-o-w-s-k-i. which is a second district court of appeal decision from 1986. again, here we have a third degree felony murder. in that case, the victim was 6 years old. based on underlying felony of child abuse. and in that case, the defendant was charged both with sec...

Minutes once the trial resumes. they're in a brief recess right now. first, some politics and not police work that is what has been driving the george zimmerman case, according to the man who initially led the investigation in its early stages. bill lee said it was politics that ultimately cost him his job as sanford, florida's police chief. he sat down for an exclusive interview with cnn's george howell. >> saying this was the result of political pressure that you lost your job? >> i believe it was political pressure and the fact that i upheld my oath. >> reporter: sanford, florida, a town ca...

Criminal defense attorney and legal analyst and legal prosecutor joining us as well. george howell is covering this trial for us. paul, let me start with you. this is -- sounds leg legalees and very technical but potentially very significant if the judge decides the jury can consider these lesser charges. >> it's very important, wolf. it's kind of boring to lay people. on the other hand, this is really -- they're deciding the sheet of paper that the jury would have to check off guilty or not guilty, what the elements of the crimes are and it's really sort of -- they're working out a document i...