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Detailed text transcripts for TV channel - MSNBC - 20140216:00:45:00

they're about to change the justifiable use of deadly force instructions on us again. they also just changed the manslaughter instruction in the middle of this trial. so any one of those things could cause a retrial on the four counts on which we got a guilty verdict. we would always try a second case, or an additional count to make sure that if something happens on these other charges, we have that in place as well. so it's an excellent use of state resources to make sure that someone does not get out. yes, sir? >> will the retrial happen here in this county? >> yes. we intend to fully push for a trial right here in jacksonville, duvall county, florida. yes? >> there's been some question, some people criticized that you didn't spend enough time describing what kind of person jordan davis was, and let the defense say things like, saying there was not enough reason for him to be fearful.

Verdict , George-zimmerman-trial , Things , Retrial , One , Us , Use , Instructions , Counts , Force , Manslaughter-instruction , Middle

Erin Burnett OutFront-20130726-06:10:00

you didn't have to justify your vote to anybody. >> you know, ben, one of the interesting things, and i don't understand it, you know, coming from the defense side, and i think jose would back me up on, this there are certain cases you know in jury selection you're not going to be able to win the case. you know because of the dynamics and everything else, and you try that case to get a hung jury. i think when the prosecution had the two white jurors placed back into that jury box and they saw the composition of this case, if they really wanted to win it, they should have tried this case to hang it so they would have had another chance at a retrial. it's yet another, i think, black mark, if you will, on the prosecution in this case. i just can't say enough horrible things about the prosecution. >> let's jose weigh in on this, as well. go ahead. >> i any what we're getting is a window to what actually happened in the deliberation room. the jury asked for a clarification on the manslaughter instruction at the 11th hour. we have a good idea who was the juror specifically asking for this, and what's even worse was

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Erin Burnett OutFront-20130726-06:11:00

the response that went back to the jury was vague. it was basically like, we can't guide you, but if you have any specific questions let us know. and now we're hearing from the specific juror that she did not understand that specific instruction. in fact, her own statements were, she's saying it had to be intentional. that's incorrect. it's 100% incorrect. the manslaughter instruction says an intentional act that procured the death of another individual. so the fact that he intentionally shot the gun, that is the act that caused the death of trayvon martin. so, again, this falls back on the prosecution for not clearly showing and taking the elements of the crime and arguing what facts pertained to which element. >> jeffrey, you know that this woman that spoke to abc news, this juror, she is fully aware if she had held firmly, there would have been a hung jury and the prosecution presumably would

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Anderson Cooper 360-20130726-00:10:00

not going to be able to win the case. you know because of the dynamics and everything else, and you try that case to get a hung jury. i think when the prosecution had the two white jurors placed back into that jury box and they saw what the composition was of this case, if they really wanted to win it, they should have tried this case to hang it so they would have had another chance at a retrail. it's yet another, i think, black mark, if you will on the prosecution in this case. i can't say enough horrible things about the prosecution. >> let's let jose weigh in on this, as well. go ahead, jose. >> i think we're getting a window to what happened in the jury deliberation room. the jury asked for clarification on the manslaughter instruction at the 11th hour. we have a good idea who was the juror specifically asking for this, and what's even worse was the response that went back to the jury was vague. it was basically like we can't

Jurors , Composition , Hung-jury , Trayvon-martin-case , Prosecution , Dynamics , Jury-box , Everything-else , Two , It , Retrail , Another

Anderson Cooper 360-20130726-00:11:00

guide you, but if you have any specific questions, let us know. and now we're hearing from the specific juror that she did not understand that specific instruction. in fact, her own statements were she saying it had to be intentional. that's incorrect. it 100% completely incorrect. the manslaughter instruction says an intentional act that procured the death of another individual. so the fact that he intentionally shot the gun, that is the act that caused the death of trayvon martin. so, you know, again, this falls back on the prosecution for not clearly showing and taking the elements of the crime and arguing what facts pertain to which element. >> and jeffrey, you know that this woman spoke to abc news, this juror, she makes it clear she was fully aware if she held firmly for a guilty verdict on manslaughter or second-degree murder, there would have been a hung jury and the prosecution presumably would have had a start from scratch. >> that's what he says but i

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Erin Burnett OutFront-20130726-03:11:00

things about the prosecution. >> let's jose weigh in on this, as well. go ahead. sltz i any what we're getting is a window to what actually happened in the deliberation room. the jury asked for a clarification on the manslaughter instruction at the 11th hour. we have a good idea who was the juror specifically asking for this, and what's even worse was the response that went back to the jury was vague. it was basically like, we can't guide you, but if you have any specific questions let us know. and now we're hearing from the specific juror that she did not understand that specific instruction. in fact, her own statements were, she's saying it had to be intentional. that's incorrect. it's 100% incorrect. the manslaughter instruction says an intentional act that procured the death of another individual. so the fact that he intentionally shot the gun, that is the act that caused the death of trayvon martin.

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Detailed text transcripts for TV channel - MSNBC - 20130725:22:10:00

so obviously at some point they were debating manslaughter. and they kept going. i question whether or not we should have a limit where if they had had the night to sleep it over, and rather than -- >> i agree with that. >> when you look at the way group dynamics work, there are ways to push people to what you want. if it's five against one with, one minority, all the dynamics that play in too. that's why you need diverse juries. when it's just one against five. >> but seems strange, seema, they sent out the note about manslaughter. >> and that was it. >> and then they came back with a verdict. and the judge said something about what was specific about manslaughter. so that's what i'm saying. >> they didn't know what to ask. >> no. with all due respect, joy, when a juror asks for the manslaughter instruction, give them the manslaughter instruction. >> right. >> i don't understand what the debate was about. and i was watching that. i was here. i don't understand why the judge sent them back for a more specific note there is nothing more specific. read them the charge. >> i'd like you all to stay with

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New Day Sunday-20130714-11:09:00

they head into deliberations. what do you think about this jury instructions, specifically about the manslaughter instruction, because that is the one question that the jury came back and had for the court, asking for clarification on that one point? the question from the jury was specifically, may we please have clarification on the instructions regarding manslaughter. the court said be more specific and we may be able to help you. they never came back with any more specificity before we had the verdict. what does that tell you, sunny? >> yeah. well, what that told me last night when i was actually on set listening to it was that that's sort of the lone hold-out juror or two jurors saying, you know what, i'm not sure yet. let's find out exactly what manslaughter means. sometimes jurors use that as a bargaining tool. i looked at the jury instructions, kate. they were pretty clear. i don't think they were -- they were very different from what

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Detailed text transcripts for TV channel - MSNBC - 20130714:00:17:00

what i have been doing which is going over the manslaughter instruction and trying to figure out what they have been confused about to try to anticipate. it is only a page and half. here is an example of language that i think is confusing. in order to convict of manslaughter by act it is not necessary for the state to prove that george zimmerman had an intent to cause death, only commit an act which was not negligent, justifiable or cause death. >> you are not a hour, right. >> each one of the words is confusing and each one of them has a standard definition and it you can't expect lay people to know what intent is or what is excusable in the law or what is justified. >> or negligent. >> or negligent. >> negligent is about two or three months of first year torts, right? >> exactly. >> in law school. >> a lot of times they talk about negligence. >> they talk about the interns and little staff that they have are looking up case law.

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Detailed text transcripts for TV channel - FOXNEWS - 20130713:22:43:00

every six months. she gave the instructions, now i think what i would do. i would seek a clarification of their question if possible. and if they're able to give a better question, maybe the question will be we don't understand the manslaughter instruction, welcome to our world. a lot of people don't. >> the question that they add, may we please have clarification for the instruction on manslaughter. and speaking with you, if we can infer what's going on inside of the deliberation room, it appears that's what they're focusing on right now, if it gets to a point where who knows after how many hours or days, we're not sure what's going to happen, if the jurors get to the point where we don't -- we're looking at manslaughter, we don't understand it, we can't figure it out, we can't put together all the pieces, there may be some reasonable doubt as it applies to manslaughter, is it possible they say, we got nothing, and this guy goes free? >> it's possible. the other possibility is they guess at what it means and reach

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