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Before that shooting. so, do you think that the judge, dan, will allow this in? >> they will probably allow some of this in. the defense is not contesting any of this. the defendant wanted to raise defense of others defense which would say he was killing americans to protect the taliban. he wasn't saying he wasn't into jihad. the question here is, you have to weigh the probative value for the prosecution to show motive which is an important part of the prosecution versus prejudicial effect if they have too much evidence of jihad would it inflame the motions of the jury and not be relevant to t...

Not relevant as to whether or not he is guilty of this crime. >> and the prejudicial effect arguably outweighs the probative value. let me take it a step further here. the defense nevertheless uses the ruling but uses it to try to convince the jury, hey, there is nothing sinister about wanting to be a police officer. it's a noble endeavour. >> not oit'y did the defense astute lee do that, the defense did what you and i were taught in law school years ago, turn them into your witness. get opinion testimony out of his mouth help fell to you. when defense counsel says to this professor of law, te...

Trayvon martin. as you can see these are not just words these are phrases that he thinks could induce some way bias. zimmerman is charged with second-degree murder in the shooting death of 17 naerld trayvon martin. jury selection is set to begin next week. "outfront" tonight, criminal defense attorney mark nijay. mark when you look at this list banning the phrase he confronted trayvon martin, banning the word profile how likely that a judge will go along with this? >> i think he may go along with some of them but definitely not all of them. what the defense is attempting to do is what the stat...

Probative value and shouldn't be permitted in front of a jury because it's meant to arouse fashions of the jury rather than sticking to the facts and evidence of the case. the judge will keep some out that might suggest that, that there's more here than the evidence, that they are really going to try to inflame them by showing he's a vigilante or something like that. some areas are really hard and i don't see the judge granting that. >> now i guess i don't under the whole country involved in this case. everybody who is on the jury is aware. so how does this make a difference. the phrase he con...

That he thinks could induce some way bias. zimmerman is charged with second-degree murder in the shooting death of 17 naerld trayvon martin. jury selection is set to begin next week. "outfront"ing tonight our criminal defense attorney. mark when you look at this list banning the phrase he confronted trayvon martin, banning the word profile how likely that a judge will go along with this? >> i think he may go along with some of them but definitely not all of them. what the defense is attempting to do is what the state did last week. these are called motions in limine. they are claiming the prej...