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Detailed text transcripts for TV channel - MSNBC - 20130705:20:36:00

Offhand way he said if you get rid of second degree, don t get rid of manslaughter. but where is the state s case, looking at all of the evidence, not just that which they want to focus you on, but all of the evidence, how they get to ill will, spite, and hatred? that he made up stories? well, you have an opportunity to review the evidence, you sat here like all of us did and decide whether that stories are made up. and whether serino stated, they were insignificant changes, as a matter of fact, they were changes or developments that they would expect the more time they question somebody. that s why john good s half of a page statement went to a four-page statement, went to a 50-page deposition. you know it as well as i do and you know what, as well as the state does. that s why they can t come here and say to you, he said, he shot him in self-defense, he said that the gun went off by itself. ....

Shearod Versus State , Ill Will , Dont Get Rid Of Manslaughter , All Of Us , Page Statement , John Good , Self Defense ,

Detailed text transcripts for TV channel - MSNBC - 20130705:20:32:00

Only hypothesis of innocence advanced or suggested is that the defendant acted with justifiable use of deadly force. that is certainly open to question as is everything pretty much that the defendant himself 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 and included offense of manslaughter which is not showing ill will or anything like that and therefore the state believes even if and we re not saying you should because i think we ve made the point even if at a minimum proceed forward on that, judge. thank you, your honor. yes. i just want to make sure that my rendition of the jenkins facts are properly presented to the court. i did not suggest that trayvon martin said he was a gang member, did not say that he suggested he had a glock, did not say that he suggested that he was going to cap mr. jenkins. ....

District Court Of Appeal , Stagea Motion , Shearod Versus State , Trayvon Martin , Gang Member ,

Detailed text transcripts for TV channel - MSNBC - 20130705:20:43:00

Client s statements that are before this court uncontradicted to say exactly what happened. those have to be given weight by this court and since it s now on the level of circumstantial evidence that the state is now trying to convince you, they did not address specifically the standard of what happens when circumstantial evidence but i will remind the court that in fact it does have to exclude any reasonable hypothesis of innocence and of course there s only one, as though it s minimal, as though it s minor. well, the only hypothesis of innocence is deself-defense, of course it is. there doesn t need to be any one. it s not a quantification, it s a kwaul lee indication of analysis. he was acting in self-defense. show me how you have proven that there is no reasonable hypothesis of innocence, innocence being equated to self-defense. and he was told not to follow. circumstantial evidence, they have no evidence to support that ....

District Court Of Appeal , Shearod Versus State , Court Uncontradicted , One Of Us , Jao Standard , Self Defense , Doesn T , Kwaul Lee , Circumstantial Evidence ,

Detailed text transcripts for TV channel - MSNBC - 20130705:20:37:00

There is none of that. those inconsistencies are merely what happens when you tell a story two or three or four times to different officers after you ve been through two traumatic events, getting the hell beat out of you i m sorry, your honor. getting beat up the way he did and then the trauma of having to shoot somebody to defend your life. now, you can minimize the trauma that george zimmerman has gone through or we really can t when we re going to compare what happened in his statements. because if you want to look at what is in the light most favorable to the state and say to them, you know what, i m going to rule that one in your favor, as we ve said many times in this room, you can t do it in a vacuum. you can t look at it and say, this little fact i ll put in your favor, it goes on your side, this little fact i ll put in your favor. you have to look at the totality of the circumstances and see whether or not the direct evidence that they say they have convinces you. ....

Story Two , George Zimmerman , Shearod Versus State ,

Detailed text transcripts for TV channel - MSNBC - 20130705:20:12:00

June 6th of last year. and essentially at the i believe it s page 11 of the court s copy. the court sets out the law as it relates to this sort of motion. moving for judgment of acquittaling, the defendant admits the facts in evidence and every conclusion to the adverse party that may be fairly and reasonably inferred from the evidence, even if this were a circumstantial evidence case, which again the state argues it s not. there are circumstances but it s not purely a circumstantial case. you about even in a circumstantial case, the state must present evidence that conflicts with the defendant s hypothesis of innocence you but the state is not required to completely disapprove it. further, i ve provided the court ....

District Court Of Appeal , Court Cannot Grant This , June 6th , Shearod Versus State ,