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Thread degree the state has to prove three elements. one the victim is dead and two, it occurred as a sequence of and while the defendant was engaged in a commencement of a no non-enumerated felony and three, the defendant was the person who actually killed the victim. the non-enumerated felony in this case is child abuse. obviously the information alleges the defendant shot and killed the victim, the victim was under the age of 18 and child abuse, must be, according to the third degree felony murder instruction, defined. i have defined the elements of child abuse in the felony murder instruct...

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...

Attorneys. their closing arguments and then the prosecution, wolf, will have one hour for rebuttal. so, after that, it all goes over to the jury. >> and before it goes to the jury, the judge will have this, will have to deliver the instructions to the jury in this hearing that is about to begin right now, this procedure will be very, very significant whether or not lesser charges, as you point out, manslaughter, aggravated assault, can be considered. and it's significant because presumably if he's not convicted on second degree murder, the jury could decide he is guilty of manslaughter or aggr...

Civil rights lawyer and his persistent demands that george zimmerman be arrested lit an uproar. people traveled to sanford to march. talk to me just a bit about that outside influence. because at the time, you remember, there were a lot of civil rights leaders that came to town. a lot of protests and, you know, people see this situation differently, but there is a segment of people who said from the beginning at this case that, you know, had george zimmerman been black he would have been arrested and been behind bars. what do you say about that suggestion from people? >> the sanford police dep...

>> 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...