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Yesterday? >> i think the defense scored more. first of all, the prosecution basically good the same re-enactment with the dummy that the defense did. and the prosecution should have used that opportunity to give a visual to the jury of their theory of the case. the problem is prosecution has not presented a clear theory of the case to the jury. perhaps that's coming today in closing argument. they have suggested that perhaps both men were standing upright at the time of the shooting. if so, let's stand that dummy up, let's give that visual to the jury. the prosecution did not do that. we've h...

The facts in that case they describe similarity to another case gonzalez, argue the convictions of the lesser included offense of third-degree murder felony murder were inconsistent. the court said, no, bottom of the last full paragraph, jury's verdict doesn't mean the aggravated battery conviction had to be reversed. so the reason that i put this in here, judge, is to show that i anticipate an argument that the defense would argue is this a legally inconsistent possibility and i put that in there to say that, no, there is nothing legally inconsistent about it. even if there were, the correct ...

Interns and law clerks. there is only three lawyers. the woman sitting next to him, don west and of course mark o'mara preparing his closing argument. we need time to respond. so the judge will come back to that. but that's a very significant issue. >> and if she decides that given the stakes here, maybe we need to give him time, the history of this judge would suggest to me she's not going to give him the rest of the day. >> right. >> she's been pretty strict with keeping things on schedule. >> here is the tension that judge nelson has to take into account. on the one hand, she has a sequeste...

Homicide be offered. >> but the evidence doesn't support that and the state's argument is at first yesterday 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. 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 goi...

Defense rested its case. and there was another testy exchange between the judge and don west after the judge asked zimmerman whether he intended to testify. >> i am asking your client questions. please, mr. west. >> i object to the court inquiring of mr. zimmerman as to his decision about whether or not to testify. >> your objection is overruled. mr. zimmerman, i will give you more time, sir, to discuss this with your attorneys. thank you very much. and what is your decision, sir? >> after consulting with counsel, not to testify, your honor. >> is it your decision to not testify in this case? ...