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Question, as is everything pretty much the defendant has said. so the state believes the motion should be denied. i will close by saying that even if the court felt compelled to grant at this stage a motion as to second degree murder, there remains the necessarily lesser included offense of manslaughter as to which there is no requirement of showing ill will or anything like that and therefore the state believes that even if, and we're not saying you should because i think i've made the point, but even if at a minimum, we'd proceed forward on that, your honor. >> i just want to make sure my re...

Tri trial. a quick whip around. did you expect, is it pretty customary for the defense to make a motion for acquittal? it seemed obvious the judge was going to deny that request. >> bear in mind i'm not an attorney, i'm a professor. one thing i couldn't get past, the paradox of this case, was trayvon martin a member of that community. when we talk about george zimmerman's role in being a protector, of being a kind of neighborhood watch person, did he have a responsibility to protect trayvon martin? did it ever occur to him that this might be someone who was worthy of protection? and so i think...

Because in this case we do have some undeniable evidence of what mr. trayvon martin did. servazo, he hit him one time and threatened a bunch. in this case we know the facts are so much more serious than that. in this case they start out similar, trayvon martin sucker punched my client and there's nothing to contradict that and we have the injuries to suggest nothing else but what my client said right after the fact before he knew there was an eyewitness to or not to it. but what servazo didn't do was continue the attack and continue the attack and continue the attack because jenkins didn't all...

Jenkins facts are inconsequential, actually that they're more severe than the zimmerman facts, is just ignorant of the fact or at least its application to the law. similarly the state seems to ignore the reality of the leasure case. sometimes bad facts make bad law but let's look it the leasure case for a minute. you may remember the case. it wasn't that long ago. it's a case where miss leasure stated to 911 three completely separate cases of the events of what happened, he shot himself, i shot him, i sat him in self-defense, the gun went off accidentally. if those are the type of inconsistenc...

Instructed in the law to prove second degree murder and manslaughter. of course the state, they're hanging on to the second degree. i don't know. that will ultimately be obviously a decision of the jury. i want to tell you about that judgment of acquittal, though. it's not just automatic, as marcia said. it's required if you're ever going to challenge the sufficiency of the evidence. if you lose the case and want to appeal it and say there was insufficient evidence, if you had failed to make a motion for judgment of acquittal, then you waive that ability to appeal it. so it is, indeed, as she ...