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To acquit after the prosecution presents its case? >> they do it in every case. jake, it's absolutely pro forma. i don't think i can remember a felony or even a misdemeanor where there wasn't some motion made to dismiss before the case was submitted to the defense or to the jury. it's very common. there was clearly enough evidence to get the case to the jury and it's no surprise whatsoever that she denied the motion. >> cheney mason, did you think there was ever going to be a chance that the prosecution at this point in the trial would actually downgrade the charges from second degree murder t...

Attack or injury. the bottom of that page, a common sense view of leasure's con police brutalitying stories and the physical evidence that conflicted with her intentions when considered together with the evidence of motive could leave the jury to disbelief leasure's self-defense theory. as opposed to the jenkins case, this case is by far in a legal sense and certainly as it relates to the nature of the arguments far more close. the defendant was armed, fully loaded with hollow point bullets, the victim was not. the defendant outweighs trayvon martin by 40 or more pounds. in fact, he even said ...

Acquittal for the malice or the intent prong. and the law appears to be virtually identical but i want to draw back to one thing. the bottom of that page and moving on to the next page, circumstantial evidence standard does not require the jury to believe the defendant's version of the facts if the state produces conflicting testimony. even when a defendant's theory of events is not clearly contradicted by direct evidence, a judgment of acquittal is not required, a common sense view of the circumstantial evidence might lead the jury to disbelieve the defendant's theory. they go on to cite some...

Coverage of the george zimmerman trial. we have mark o'mara arguing in favor of an acquittal of their client. >> not do i have to bend over backwards, do i have to ignore common sense to make this case go to the jury. if it was the standard as suggested by the state, there wasn't be an appellate case granting a j.o.a. ever because under their standard, i'm understanding some indication of some set of facts that can support a jury deciding guilt. no, not in a circumstantial evidence case and if this is not 100%, i suggest it's at least 98% circumstantial evidence. the other evidence is, yes, he...

This stage regarding the defendant's intent and state of mind, i submit that both through direct and circumstantial evidence, that has certainly been done. in fact, the only hypothesis of innocence going forward is the notion of justifiable use of deadly force and so i'm going to move to that. i think the facts testified to by the eyewitnesses who saw the defendant and the witnesses struggling together and at one point a pursuit involved, coupled with the inconsistencies more than create a substantial question for the jury in that regard. as to self-defense, whether or not the use of force par...