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that matters. >> it's popular music, i wouldn't know. >> you stick in the mud. we have no idea who that is but we support them anyway. i'm feeling very kumbaya this morning. john fugelsang, political comedian and will cain is back, a columnist at theblaze.com and kelly goth, contributing editor for loop21.com and wrote a great moment. >> "the gq candidate." my goodness you just made my publisher a happy camper. if you like political novels it's a fun one. >> i do. our starting point focuses on the supreme court, the centerpiece of obama's health care overhaul is on trial before the u.s. supreme court t will happen in about three hours and going to focus on the question, can government force people to buy something they don't want? it goes back to the commerce clause in the constitution created in 1787, the congress shall have the power to regulate commerce with foreign nations and among the several states and with the indian tribes. supporters of the individual mandate say making people buy insurance is constitutional, because it falls under that commerce clause. opponents say no, you cannot regulation inaction and a decision to not buy health insurance doesn't count as commerce. supporters' answer to that, all of the uninsured people create roughly $43 billion a year in unpaid medical bills and that impacts commerce. we've got jeff toobin joining us from the supreme court, cnn's senior legal analyst. jeff, let's talk about how yesterday went and what we can expect for today. >> reporter: soledad it is so exciting here i can't stand this. >> you love this. >> reporter: this is like nerd heaven. you know you see mibehind me so of the justices have their lights on at this hour, people getting in early. yesterday was the appetizer. the only issue was really procedural. it was, is this case premature at this time, because most or much of the affordable care act doesn't go into effect until 2015 and the question was should the justices put off this case until it's fully in effect? the justices seemed united that in fact the case is not premature, it's time to decide it now and today is the day they're going to talk about whether the central aspect of this case is constitutional. >> and that's the central thing something the individual mandate and everybody's focused on the commerce clause. you've never seen so many people looking into what the commerce clause is all about. >> getting out the pocket constitutions is a beautiful thing. >> i gave a sort of rough draft of exactly the details of the commerce clause. where do you think the bigest clash will come as they argue this case? >> reporter: i think the question is, is the law going to change or stay the same as it's been for the last 70 years. since the new deal and fdr, it's a commerce clause defined by the supreme court very broadly. remember we have medicare and medicaid. health care is one-seventh of the national economy. for decades the supreme court has said if it's related to economic matters intrastate, interstate, the federal government can regulate it. we live in a more conservative country than we used to and have a more conservative supreme court than we used to. they may say this is too far. this is simply too much of a regulatory hand on individuals, but if they say that, they will be changing the law. there is very little doubt about it. >> will cain is begging to disagree. >> no, jeff knows very well what i think. >> go ahead. >> the arguments we will hear today will not necessarily be perhaps a change of those constitution over the last 80 years. this is a distinctive case and different and jeff will hear that but an argument over whether or not activity or knack activity are a continuation are what we've seen over the last 80 years or a completely new and distinct situation for the court to consider. >> to the panel, do we as americans sit around and discuss, we're really talking about a clause that's 1780-something. do you think people at home are watching this as closely as someone like jeff toobin who is a constitutional scholar? >> not as closely as jeff. >> 45 million unshoornd americans care a lot about this. >> are all eyes on the supreme court for them? >> they should finance they're civic minded because it pertains to them and their future. the most interesting debate is the liberals and mandates. liberals hate it just as much as conservatives do. i know a lot of liberals who wouldn't mind seeing this case fail so that a public option or simple one-page executive order opening up medicare at all could be implemented? >> kelly? >> i'm going to disagree with my new friend john in practice, if not in principle. i'm afraid that health care reform has become the skinny jeans of this year in a sort of yesterday's news. it was trendy and popular to talk about in the heat of the moment shortly after president obama got elected and people in the thick of the fight. the real sit people are focused on the economy, even though that issue is directly connected, it's really hard for americans who aren't doing what we do and watch the super bowl, like jeff is, to bring it back. >> reporter: here i am the pathetic loser caring about the constitution and 1787 and -- >> not at all, no. >> reporter: so yesterday. >> fascinating argument. >> reporter: skinny jeans, go ahead. >> i'm not watching it like the super bowl but i am interested in your perspective on it truly. is there any indication from what you heard yesterday that will give you insight on how the justices could rule today. the protesters behind you, are they for, against, what are they saying? >> reporter: in terms of yesterday not really. they were focused on this obscure, frankly, even to me, procedural issue. as for the protesters, you know, i mean this is a country of over 300 million people. there are about 50 people here protesting. i mean, they're sort of -- >> what side of the issue? >> reporter: i would say approximately even although slight advantage to people who are in favor of health care reform, and it's important to remember, this is the supreme court. every single day there are anti-abortion protesters about a dozen here, and so they'll be here as well even though it's not their case on trial today. >> jeff toobin we'll continue to check in with jeff this morning. thanks. >> reporter: we'll be here. >> i bet you will, as zoraida sambolin has a look at the other headlines. >> hi, soledad. thank you. trayvon martin's parents take their case to capitol hill today, attending a house judiciary committee hearing on racial profiling and hate crimes in response to the killing of their son by a neighborhood watch captain. protesters will march to the white house demanding for an investigation. a leaked police report suggests martin attacked and beat zimmerman, smashing his head to the ground, and that zimmerman fired in self-defense. trayvon's mother is reportedly trying to trademark the phrases "justice for trayvon" and "i am trayvon." those phrases have become rally cries. an attorney says it's not intended to make a profit. joe oliver joins soledad, following john timoney and angela corey. join cnn for our town hall, beyond trayvon, race and justice in america, soledad host this is thursday, and you can catch the special when it airs on cnn this friday night at 8:00 and 10:00 p.m. eastern time. a new orleans police officer has been suspended without pay for remarks he posted online about trayvon martin. officer jason girard wrote on the website of wwl "act like a thug, die like one." the new orleans police superintendent called the comments insensitive, harmful and insensitive, and added "to say i'm angry is an understatement." the beating death of a southern iraqi woman in her home is being investigated by a possible hate crime. a note warned the family to go back to iraq and referred to them as terrorists. shaima al awaadi, 32-year-old mother of five died of a severe head injury saturday, after she was taken off life support. the council on american islamic relations says her body will be flown to iraq for funeral and burial. looks like it's open season on president obama after his open mike moment with russian president dmitry medvedev. they were discussing nato's plans for a missile defense system in europe when president obama asked medvedev not to force the issue before the november election. >> this is my last election. after my election i have more flexibility. >> i understand you. i transmit this information to vladimir and stand with you. >> the president tried to make light of the open mike moment. the next morning he jokingly covered up the microphone before shaking medvedev's hands but his rivals are not amused. >> russia continues to support syria, supports iran, has fought us with the crippling sanctions we wanted to have the world put in place against iran. russia is not a friendly character on the world stage and for this president to look for greater flexibility where he doesn't have to answer to the american people in his relations with russia is very, very troubling. >> romney is accusing the president of pulling his punches with the american people. the white house says romney is distorting the president's words. minding your business now, u.s. stock futures trading pretty flat up slightly ahead of the opening bell, riding yesterday's rally off positive but cautious comments from federal reserve chief brn brn about the economy. the markets rallied strong in the s&p 500, a better indicator for their stocks and 401(k) is at a four-year high right now, back to pre-recession levels. so listen to this, eat chocolate to be skinny. a new study of more than 1,000 healthy men and women found that people who ate chocolate five times a week had a lower body mass index than those who did not eat it regularly. everyone exercised three times a week and ate a balanced nutritious diet. the body mass index say measure of body fat based on height and weight. >> go back to the line, everybody worked out and ate a nutritious diet, yeah. >> chocolate makes you skinny. >> uh-huh, okay. thanks, z, appreciate it. >> you're welcome. still ahead on "starting point," rick santorum is trying to put mitt romney's health care plan from massachusetts on trial along with the federal one. we'll ask a quee rokey romney supporter, representative chaffetz, what governor romney thinks of this. first he was accused of rape and being charged with aggravating pimping, no trouble for the man once in charge of the world's money. and one of the biggest actors of our time and one of the biggest blockbusters in history, donald sutherland talks "the hunger games" with me. check out our live blog cnn.com/startingpoint. kelly's playlist plays us off, larue "bulletproof." i bathed it in miracles. director: [ sighs ] cut! sorry to interrupt. when's the show? well, if we don't find an audience, all we'll ever do is rehearse. maybe you should try every door direct mail. just select the zip codes where you want your message to be seen, print it yourself, or we'll help you find a local partner and you find the customers that matter most. brilliant. clifton, show us overjoyed. no, too much. jennessa. ah! a round of applause. [ applause ] [ male announcer ] go online to reach every home, every address, every time with every door direct mail. do about medicare and social security... security. that's what matters to me... me? i've been paying in all these years... years washington's been talking at us, but they never really listen... listen...it's not just some line item on a budget; it's what i'll have to live on... i live on branson street, and i have something to say... [ male announcer ] aarp is bringing the conversation on medicare and social security out from behind closed doors in washington. because you've earned a say. ♪ in touch with the ground, i'm on the hunt i'm after you ♪ ♪ i smell like i sound, i'm lost in a crowd ♪ interesting looking at the the supreme court listening to duran duran. >> i love we're in and out of the breaks with the clip. >> i just think duran duran is a juxtaposition although i had a huge crush on simon lebon. >> i bet it's on scalia's playlist. >> he's got spandel ballet. >> that too. >> the justices weigh in on one of the most anticipated cases of the generation, the republican presidential candidates are trading blows over that same topic as well. rick santorum joined the protesters outside the court yesterday and continued his assault on the front-runner, mitt romney. >> he's not here. he's not making the argument in his race. all he says was i'll repeal obama care and in the same breath he defends obama care at the state level. it just doesn't wash and it won't wash in the general election. >> well, primary voters may not agree it's not washing. the former massachusetts governor is leading the race with 569 delegates and a number of top republican lawmakers are urging the party to uneat behind mitt romney for the nomination. one man who has already voiced his support for mitt romney is republican congressman from utah jason chaffetz. i hear it's your birthday, happy birthday to you as well. >> thank you. that was yesterday, yep, half way to 90. ouch. >> don't say ouch. i'm older than you. moving on, let's start with senator santorum who to my knowledge seems to be having a rough week. first comments about governor romney and found himself yelling at a "new york times" reporter and said maybe i would be governor romney's running mate. here's kind of how it went down. >> he is the worst republican in the country to put up against barack obama. why would wisconsin want to vote for someone like that? quit distorting my words. if i see it, it's bull [ bleep ]. come on, man. what are you doing? >> if he for some reason asks to you be the vice presidential candidate on his ticket, would you even consider it in. >> of course, my en, look, i would do in this race as i always say this is the most important race in our country's history, so i'm going to do everything i can. i'm doing everything i can. >> he's going to do everything he can. is this just a long slog and campaigning are gruelling and at some point everybody's nerves start fraying a little bit or what? >> he's coming unhinged. when you start swearing on camera is shows a lack of discipline there. he's frustrated. we understand that. i think mitt romney is well on his way to becoming not only the nominee but the next president of the united states as people focus on the economy and really have a referendum on what barack obama has done. so rick santorum is trying hard, but look, mitt romney has more than 1 million popular votes than rick santorum, got more than double the delegates. there's no way rick santorum is getting more than 70% of the remaining delegates. it's time for this party to coalesce and rally behind mitt romney. >> is it not correct sir, and good morning, that senator santorum was correct "the new york times" reporter did distort what he said. he said romney was the worst candidate on this single issue of the affordable care act. santorum makes a good point it's a wedge issue with no wedge much like the an tire war john kerry who had voted for the war. that was really what he was responding to. does senator santorum not have a fair point in the argument? >> part of the point is the fact that he became unhinged and started swearing at the reporter. presidents go back and forth with the media every day. there's a right way to do it and a way that changes the story and gets you off message and if you think it's tough now, wait until somebody is running against barack obama. mitt romney has been crystal clear about repealing obama care and giving every state a waiver. remember nancy pelosi said we have to pass this bill in order to find out what's in it. still people don't understand what's in this. mitt romney has a great record and crystal clear and the idea we should repeal obama care if the justice is don't take care that and offer something else. >> the dragged out race he thinks is problematic, not a good thing, hurting the party. here's what lenny curry said. >> some suggested this isn't hurting us because hillary clinton and barack obama drug their election out to june. the difference is there was no incumbent then. we have an incumbent president now that's raising money and sitting on money which puts him in a powerful position. >> what do you think about that? agree? disagree? >> i think it has made the candidates stronger but sooner rather than later we got to coalesce. i'd love nothing more than for rick santorum to read the writing on the wall, do what's best for party and what's best for republicans and this country rather than what's best for rick santorum. that's the choice he's faced with. most everybody understands at this point that mitt romney is going to be the nominee and the sooner we rally behind him the stronger we'll be in november. >> doesn't sound that to me listening to santorum talking to wolf blitzer about the math. here's what he said on wolf blitzer. >> with all due respect we don't agree with your numbers. we think they're wrong. >> you think you can realisti l realistically get to 1,144 before the convention? >> we think we can get there and the likelihood i agree that neither of cuss get there, but i think we can still get there. >> apparently rick santorum is going to challenge sort of the winner take all states that most of them went for romney that those would be apportioned that romney's count would go down because of that. that's what he seems to be laying out as a strategy at that point. what do you think of that? >> well i don't think he's probably the most objective person looking at that but the reality is, when you have more than 1 million people vote in favor of mitt romney than rick santorum, that's a pretty strong case. rick santorum i think is grasping at straws, desperate, becoming unhinged, swearing at reporters. >> reporter. >> but there's an old saying in politics, presidential campaigns never end, they just run out of money and i think that will probably happen sooner rather than later. super pacs have extended things but i think most people understand reasonable people that mitt romney is well on his way to becoming the nominee. >> jason chaffetz, republican from utah nice to see you. still ahead on "starting point" a friend of george zimmerman's says the shooting of trayvon martin was in self-defense and not racially motivated. and new york city schools are banning any mention of birthdays, of dinosaurs, hard word for me to say, halloween and literally dozens of other things on standardized tests. it might be hard to come up with a question if you don't have all those words. we leave with you my playli playlist los hombres calientes, "cardinal de phunk." water, we take our showers with it. we make our coffee with it. but we rarely tap its true potential and just let it be itself. flowing freely into clean lakes, clear streams and along more fresh water coast line than any other state in the country. come realize water's true potential. dive in-to the waters of pure michigan. your trip begins at michigan.org. ♪ i like that song. young the giant "my body." >> out of irvine, california. >> how do you please everybody? ban everything. new york city schools -- i haven't done the story will cain is shaking his head, no, no. 50 controversial and unpleasant topics not being mentioned on standardized tests, dinosaurs, sometimes i say dinosau because of my accent. aliens, birthdays, because gentlemen r jehovah's witnesses do not celebrate, halloween, celebrities, dances, inanimate animals with human characteristics. >> the amish are mocking us. critics say it's a form of censorship and the department of education disagrees and allows students to complete practice exams without distraction. professors of columbia's college disagrees with the disagreement and says controversial topics spark political debate are exactly what students should be talking about and being exposed to. >> it's not just religious sensitivity, you can't talk about homes with swimming pools and computers because it might touch on economic sensitivities and make some kids jealous. you can't mention poverty. >> i would be jealous, would have been distracted during my s.a.t.s thinking of all i lacked in my middle class upbringing. i want a pool! >> how do you make everyone happy? you don't. >> crazy. >> you have a tv network or politician that tries to rule by public opinion you don't go too far. the evolution issue is exactly what kids should be talking about in school. >> i'm only going to use uncomfortable words, we go to break with dinosaur. >> such a hard word. >> that's why they took it off the test because it's a tough word. >> absolutely, i think that's crazy. still ahead on "starting point," a friend of george zimmerman is coming to his defense. he says he is not a racist. we'll talk to joe oliver in a few minutes. newt gingrich is charging for a picture with him on the campaign trail, just about how much it costs to fill up your gas tank, $2.50 a gallon? > i'm kidding. how does tim tebow feel about being a jet. >> so excited about being a jet. so excited about meeting my teammates. i was really excited about it. i'm excited to be a jet. >> i'm excited about that man, he goes on and on with that one word literally 46 times in his press conference. hey, i love him. can't say anything bad about him. we leave you with will cain's playlist, pat keen "three days." ♪ ♪ . that's off of zoraida's playlist, shakira "give it up to me." good morning, zor rye zha. >> dominique strauss-kahn has been charged with aggravating pimping for allegedly participating in a prostitution ring, released on $130,000 bail. he was forced to step down from the international mondayer it fund after a new york hotel maid accused him of sexual assault and attempted rape and a french female writer accused strauss-kan of attempted rape in 2003. an out of control wildfire in colorado is blamed for at least one death. wind gusts above 65 miles per hour fanned the flames over 3,000 acres, in just a matter of hours. several homes in jefferson county were destroyed and evacuations were ordered for nearly 1,000 other homes. it's a tough time to be in the pink slime business. beef products incorporated the maker of the meat filler announced it suspended operations at all but one plant because of outrage over the product. it's costing the company business now but they won't say how much. 200 people will lose their jobs at three different plants. mcdonald's and burger king swore off using it in january. pink slime is made of ground up beef scraps, connective tissue and other trimmings treated with ammonium high drydroxide to kil germs, fda approved. a photo with newt gingrich is costing 50 bucks. his campaign is in the red and toe nations are down so team gingrich is offering hats, shirts, bandanas for dogs in their online store. and that's one more sign that the gingrich campaign is fading. the last two print reporters that are covering the candidate full time have been pulled from their assignment. tim tebow officially introduced as a new york jet yesterday. tebow aquard lacquired last wee excited about being a jet. >> so excited about being a jet. so excited about meeting my teammates. i'm excited to be a jet. i'm excited to be a jet. the exciting thing is that me and mark have a great relationship. i'm excited about that opportunity. i'm excited about working with coach cavanagh. i'm excited about that. i'm excited about my role here and my opportunity to compete and i'm excited about the opportunity, i'm excited about my future. >> for the record he said the word "excited" or "exciting" 45 times during his press conference. >> good for him. he's happy to be a jet and we're excited for his excitement of coming to new york. >> i love his enthusiasm. >> absolutely, yeah, pretty much defines enthusiasm, doesn't it? he's very clearly very excited. z, thank you. >> if rick santorum stayed on message that much he might have a chance in this presidential race. staying on message. >> that is for sure, absolutely. so one of our top story this is morning is the question of what happened the night that trayvon martin was shot and killed. there's new information that paints different pictures of the confrontation involved. trayvon martin had been suspended from school after marijuana resids r residue was a baggie inside his book bag. zimmerman told police he lost sight of martin was returning to his suv when martin approached him. the two exchanged words and martin is accused of punching and slamming zimmerman's head into the ground, that in account to what neighbors report happening is complicating the case because there are two different eyewitness accounts, first man didn't want to be identified said zimmerman who was wearing red was the one who was yelling for help. listen. >> the guy on the bottom who i believe had a red sweater on was yelling to me, help, help. i told him to stop and i was calling 911 and when i got upstairs and looked down, the person that was on top beating up the other guy was the one laying in the grass and i believe he was dead at that point. >> another neighbor says something that sounds somewhat contradictory. listen. >> within seconds we were out there, and zimmerman, she was out first, zimmerman was standing over the body with basically straddling the body with his hands on trayvon's back. i didn't hear any struggle prior to the gunshot. >> joe oliver is george zimmerman's friend and joins us this morning. thanks for talking with us. we appreciate your time. joe, when did you last speak to george and what did he tell you about the night of the shooting? >> well i spoke with george yesterday as a matter of fact and was able to get some more details about what happened. the report that was released yesterday is what george told me, what happened, where the report stops he filled in the blanks for me as well, and unfortunately at this time i'm not able to discuss that but basically it fills in the gap between what happened when trayvon and george came face-to-face and by the time the gun went off. >> according to "the orlando sentinel" from a leaked report that george was following trayvon, lost him, they had an exchange of words, claiming trayvon hit him and smashed his head into the sidewalk numerous times. is that roughly what he's told you? >> yes. >> so did you want to add something? >> yes, sir, did mr. zimmerman explain to you why he did not choose to seek medical care until the next day for a broken nose? >> well, with a broken nose, it's something that you know unless it's on the side of your face you don't really know. george was cleaned up and treated at the scene, and i would think that after all of the adrenalin empties his body and he realizes that he may have some other issues that's why he went to get treated for the broken nose. there were other gashz on the back of his head as well from that incident and he was treated there on the scene. >> how is he doing in addition to that injury and the injuries on the back of his head? he's in hiding. how worried is he someone is going to try to track him down and find him? >> well i mean that's why he's in hiding basically. he hasn't been back to his apartment, which is in that complex, ever since that happened, and he's being treated for post traumatic stress disorder, for depression, for insome mia. he cried for days after this happened. the george zimmerman i know is not here anymore, because he knows that he took someone else's life, and he's extremely remorseful. >> and the ptsd treatment that he's -- >> even though he took someone else's life at, he's extremely remorseful, even though he took someone else's life in order to save his, and that's what his story is all about and i want to make something clear. i understand completely the fear and anger that he's out there over this case. if i didn't know george zimmerman i'd be right out there, too, but i do know george and i do know the portrayal that young black men have had. i've experienced that growing up. i get that. i understand that, but in this one spark incident, that wasn't the case. race had nothing to do with it. >> have you guys had conversations, i mean you're african-american. george is peruvian descent. have you had conversations about race? >> no. >> never? >> no. i mean, george, whenever i saw george, it was in a social atmosphere among friends and family, and so we talked what everybody else talked about, you know, there were no pressing issues. most of the time over the past few years it was about the latest on the casey anthony case because it was such a hot topic here, and that's another part of the problem, and how this story is unfolding, all of this information that came out yesterday, why did not tea con' out in the beginning? would it have made a difference? would we still have the cries for justice that we're seeing today? yes, we still would have because it involves a young black male who died a violent death. >> let me play for you. >> thousands of young black males are dying violent deaths and that's why people are outraged. >> i agree with you a 911 call, we've enhanced the audio and when i heard it it sounded the part about 2:20 in sounded like an ex-ple ipletiveexpletive, a racial slur. i'll play a chunk of it and you tell me what you heard. >> so we obviously bleeped out the curse but i'm sure you and literally millions of other people have listened to that. what do you think he's saying in that? >> i didn't hear the part you're referring to in the clip that you just played but what i have heard i can hear how some people hear a hard "g" or a hard "c" and i can also understand how they hear it, depends a lot on perspective of the whole situation. in my experience with george it's something that i would be shocked and surprised to hear if it indeed was a racial epithet, but again, a lot of it depends on your perspective. it could be a hard "g" or a hard "c." my daughter has played it over and over again. one minute she hears a hard "c" and the next hard "g." >> she plays it over and over again why, because she wants to understand what happened? >> like i said she loves george and she knows george and she herself has had to deal with repercussions at school because of her relationship with him. >> you don't think race was a factor in all of this shooting? >> in the shooting and in george coming up with trayvon had nothing to do with it. what it had to do was george living in a community that had been victimized by a number of burglaries and on his way home from the grocery store he saw a suspicious individual and as someone who has taken the responsibility and volunteered to keep an eye out for his neighbors he made a call to a non-emergency phone line and did what he thought was right and it turned out horribly wrong. >> in that call the dispatcher told him, do not chase him, do not follow him. stand down. and he didn't. >> no, he did not. he said, see that's just it and that's all part of it, because it's being reported one way, and heard another way. but when you listen to the tape, the dispatcher said, no, you don't have to do that, after he asked him if he was following him and george responded, okay. so what happened after george said okay? well according to the police report and according to george, he started heading back to his feet. >> he said, are you following him and he said yes. that's the transcript of that tape. are you following him? he said yes. >> and he said yes and the dispatcher said you don't have to do that, you don't need to do and george responded okay. go listen to it. >> i want to start by saying if i were in trouble we'd all want a friend like you defending us but i have to say having heard this time and time again when people often get in trouble when it comes to race one of the if, things you hear is i have a black friend so my first question is do you feel as though that is your role, were you asked to speak on his behalf to represent that and my second question is do you think it is impossible for someone to know someone who is black and to have a friendly relationship with them, and yet to not also display racially insensitive characteristics towards black strangers? plenty of studies show that can happen and be the case. >> i'm sure that could happen and be the case but i've not had that experience. as far as being george's only black friend, you know, the friends of george's that i know are my friends, so and you know i would have to search through them to find out how many black ones there are, but the point is, i'm here not because -- i volunteered, because i know george. i volunteered because i know george was going to be in a maelstrom because he had no idea, i volunteered because of my understanding of the media, i volunteered because i'm a black man and i understand what is happening because of this story. like i said, if i didn't know george and if i didn't know what i know, i'd have been in downtown sanford last night with everyone else. i would have been here the night before with everyone else. i understand why we're having this conversation, because i grew up with it. i lived it. i've had those conversations with my own son on what it's like to be a black man in this country. i get that. but what i also get is this was not a racial incident. this was an incident of a good man trying to do the right thing, who, like he had countless times before, called for help because his neighborhood had been victimized by crime. he didn't know who trayvon was. he did not recognize who it was and he was doing what he had always done and what every other watch captain would do in their neighborhood. they would call for help, and again, when you go back and listen to the conversation with the dispatcher, his response when they told him that he didn't have to follow him was, okay. which fits right into what happened and what was testified to have happened later, that he was heading back to his vehicle. >> joe oliver we appreciate your time, fascinating insight, we're grateful you came and spoke to us about george zimmerman. thank you. still ahead this morning on "starting point" we'll continue the conversation with the focus on florida's stand your ground law talking to john timoney who called that law a recipe for disaster. >> right before the break we were talking to joe oliver. a friend of zimmerman. when this law, the florida stand your ground law -- >> good to see you, soledad. >> back in 2005, you were against it. why were you so against it? >> well, it was not just me. it was the florida chiefs association. we could see potential problems. there were two parts. one, your home is your castle doctrine which codified the notion you can defend your home. the second part was more problematic. it took doctrine of self-defense in your home and put it out on the public streets if you will and created a new document that you could stand your ground. prior to that in all 50 states, the requirements for a civilian is if you can retreat safely in a situation, that you're required to retreat. police officers don't have to retreat. all of a sudden this law not only said you could meet force with force, but that you would be protected. that gave civilians, if you will, almost the same rights as police officers in that situation who didn't have to retreat but a police officer, you know, takes a test. goes to the academy. becomes proficient in the use of a pistol. has to pass certain exams. and then is held criminally liable for any shot he or she fires and even if they clear the criminal hurdle, they can be held at an administrative hearing if you will and lots of police officers have been fired and terminated as a result of shootings that were legal but violated police department guidelines. stand your ground law, there is no accountability really with civilia civilians. >> with police officers, are neighborhood watches where someone is armed helpful to the police or not helpful to the police? >> neighborhood watches throughout the country are very helpful. when we create those and they are usually created by the local police department, they had training and they are advised to be the eyes and ears of the police that they'll get license plate numbers, descriptions of the suspicious individuals but are always encouraged to not take action. you're not a police officer. get the information. there is usually a special number you'll call. or they'll call the local precinct and give the information there. they are eyes and years. they're not an appendage to the patrol force. >> so do you think police in this case have acted appropriately? george zimmerman was not arrested. young man killed lying dead in the street. did the police do the right thing? >> i have no idea. i'm 7,000 miles away and as you are well aware, this happened over a month ago. it really exploded in the last week. so i have no idea at what point the police department was in its investigation. when i wrote the piece in "the new york times," it really wasn't specific to this case. that case will be judged on its own. it really was towards the law that had been passed back in 2005 because this is one case that has hit the headlines. there are dozens of other cases over the last six or eight years where this law has been applied and whether it's a drug dealer or someone who committed a killing in road rage are now free and so the law predictably has been abused and misused over the last six years. i'm not talking about this case specifically. i wouldn't want to comment on it. i am ignorant of most of the facts. i'm speaking about the law itself and how ill conceived that law was. >> nice to see you, sir. thank you for your time this morning. with very to take a short break. we're back in just a moment. 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[ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. ahead on "starting point," a legal showdown on the health care mandate at the supreme court. one of the most anticipated cases of our generation. a deejay bashes madonna for not acting her age. what? you're watching "starting point." we're back in just a moment. ♪ that's why right here, in australia, chevron is building one of the biggest natural gas projects in the world. enough power for a city the size of singapore for 50 years. what's it going to do to the planet? natural gas is the cleanest conventional fuel there is. we've got to be smart about this. it's a smart way to go. ♪ health care law on trial today. new details in the shooting death of 17-year-old trayvon martin. a violent fight led george zimmerman to pull his gun and maybe pull the trigger. president obama pulling a joe biden? a private conversation between world leaders caught on an open mike. will people never learn? the president today making a joke about it. the former governor, mitt romney, is accusing him of telling russians one thing and telling american people another. also trying to relate to kids. madonna cursed out by a deejay for this shout-out to a young crowd. >> how many people in this crowd have seen molly? apparently that's a reference to the club drug ecstasy? the crowd goes wild. the deejay mad about it. that's interesting. it's tuesday, march 27th. "starting point" begins right now. ♪ >> that's off my playlist pink "raise your glass." >> our "starting point" this morning is the supreme court and the centerpiece of the president's health care overhaul that's on trial before the supreme court that will happen in roughly two hours or so. it will focus on the question can government force people to buy something they don't want. it goes back to the commerce a clause that says the government should have power to regulate commerce with foreign nations, and among the several states and with indian tribes. supporters say making people buy insurance is constitutional because it falls under the commerce clause. others say you can't regulate inaction. a decision to not buy health insurance doesn't count as commerce. all those uninsured people create a $43 billion bill in unpaid medical bills and that impacts commerce. joining me is south carolina attorney general, alan wilson, jeff toobin is back as well. you are one of the people who was interested in bringing this lawsuit. why do you think you can win on this case? >> what you just read was the commerce clause and in that clause it says congress should have the power to regulate commerce. this is the first time in the history of our country that a law was passed where congress created commerce by shoving people into it by forcing them to enter into a contract that they may or may not want or neat and then regulate them after they shove them in. congress was very specific or rather the drafters of the constitution were very specific when they drafted that clause. if you look right below that clause, congress is given the power to create money. to coin money and then regulate it. to provide for a navy and an army and then regulate it. they never once gave congress the power to create commerce. only to regulate it. in this case, they are effectively creating commerce by compelling people to enter into a contract they may not want. >> the argument on the other side and i think jeff toobin is with you, they would say it's not creating commerce, it's regulating commerce. i can hear protesters. that means jeff toobin is with us. the argument is the same interpretation of that commerce clause. >> are you talking to me? >> yes. >> the idea is that if you choose not to buy health insurance, you are making an economic decision that has implications for the whole country. if you choose not to buy health insurance and you get hit by a car, you're going to be taken to the hospital. you're going to be treated. somebody is going to pay for that. that's an economic decision that has an effect that congress is allowed to regulate. that's the argument. there's no such thing as being outside the commerce of the health care market. that's why congress has the right to regulate it. >> it sounds that it's not just about mr. wilson commerce being created, it sounds like commerce is created is what the other side would say. what makes you have hope for your side in the arguments that you heard yesterday, sir? >> the argument that i just heard about this being a health care market is a misnomer. it's a health insurance market. not eating cheeseburgers or choosing to eat a cheeseburger or choosing to breathe, it's a health care market and not an insurance market. they can regulate every aspect of someone's life. yesterday was on the anti-injunction act which said if this is not a tax, it's not barred -- the court is not barred by anti-injunction act from hearing the rest of this case. the government two years ago for political reasons said this isn't a tax. this is a penalty. now because it's constitutionally convenient they argue that it is a tax and they can tax under their authority in the constitution. so i feel very good that the justices had a lot of concerns about whether or not this was actually a tax and not a penalty. >> so jeff toobin, i'll ask you to expand on that for me. we heard a call to requirement. a call to penalty. a call to provision. why does nuance in that word really matter? >> i think it mattered yesterday because of this very obscure law, the anti-injunction act. it said in effect you can't challenge the legality of a tax until you actually pay the tax. and the law doesn't go into effect until 2015. if it's a tax law that doesn't go into effect until 2015, you shouldn't go to court until 2015. one of the arguments that was made yesterday is that whole law is irrelevant because this isn't a tax. it's a penalty. i actually think those sorts of labels disputes are not meaningful. i don't think the court thinks they're very meaningful. one of the things chief justice roberts said in the argument yesterday, you are paying money regardless of what you label it, you are going to have to pay money if you don't get health insurance. i think that's the appropriate analysis. it's not labeling. it's sort of what is the function. what is happening in the real world and under the affordable care act, if you choose not to get health insurance, you have to pay a certain amount to the government instead. whether you call that a tax or a penalty, i don't think is terribly significant. that's what you have to do in fact in the real world. >> we'll give it to alan wilson for our final question because i know jeff toobin is having a hard time hearing over the protestors. you called this the most important case of a lifetime. why? >> just that. this case will determine if we have a government of limited powers or a government with unlimited powers. if the court rules that congress can in fact regulate inactivity for anyone who basically breathes, there's no end to what congress can compel you to do. and fundamentally, this is forcing people in the contracts. contracts are supposed to be between two parties who are mutually agreeing to do something together. in this case, you're being forced into a contract. there's nothing mutual about that. that's a fundamental protection. >> alan wilson, south carolina attorney general. we thank you for joining us this morning. jeff toobin at the supreme court where protesters are loud. other headlines to get to this morning. zoraida sambolin has those for us. >> developing story in florida. police say they wrapped up their investigation into the suspected hazing death of a member of the florida a & m university band. more than 40 people have been investigated about the death of robert champion in november. the drum major died within an hour of being beaten in a ritual called crossing bus c. the case is now in the hands of the florida attorney general. day two of pope benedict's historic visit to cuba brings him to havana. he was greeted yesterday by raul castro. the pope calling on cubans to build a renewed and more open society. cuba was once an atheist state. the only second papal visit there. gas prices rising for 18 days straight now. aaa says the new national average for gas, $3.90 a gallon up 1/10th of a cent. it's inching closer to that $4 a gallon point. let's check in on markets. u.s. stock future es down slighy right now. two reports are out later this morning. nasa putting on a light show early this morning launching five rockets into space in a matter of minutes from the launch pad in virginia. each rocket producing its own glowing cloud at the edge of space. it was visible to parts of the east coast. those chemical tracers released to study high level jet stream winds. a dance music deejay is blasting madonna accusing the material girl of endorsing drug use. the controversy surrounds madonna's appearance at the ultramusic festival in miami this past weekend and her shout-out to the crowd. listen. >> i have a few questions for you. how many people in this crowd have seen molly? >> molly is a slang term for the main chemical in ecstasy. while the crowd cheered, deejay dead mouse went on a facebook rant also on twitter calling her an idiot and saying some other things that we can't repeat on morning television. madonna responded on twitter with a picture of her in mouse ears saying "from one mouse to another, i don't support drug abuse and never have. madonna was apparently referring to the song "have you seen molly" that was written by a friend and is on her latest album, soledad. >> promoting her album. ultimately about madonna self-promoting. >> as it always is. still ahead on "starting point," former navy commander tells congress about his experiences with racism. he's going to join us in a little bit and talk about the trayvon martin case. one of the biggest actors of our time and one of the biggest blockbusters in history, donald sutherland joins us to talk about "the hunger games." we leave you with jon's playlist. 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[ male announcer ] for our families... our neighbors... and our communities... america's beverage companies have created a wide range of new choices. developing smaller portion sizes and more low- & no-calorie beverages... adding clear calorie labels so you know exactly what you're choosing... and in schools, replacing full-calorie soft drinks with lower-calorie options. with more choices and fewer calories, america's beverage companies are delivering. what happened the night that trayvon martin was shot and killed? there's some new information that paints some very different pictures of the confrontation and the two men involved. according to george zimmerman's version, zimmerman is said to have lost sight of trayvon and was walking back to his suv when trayvon approached him. martin is accused of punching zimmerman and slamming his head into the sidewalk. we learned that trayvon was suspended from his high school after an empty plastic bag with marijuana residue was found in his book bag. the there have been more than a dozen rallies held from los angeles to detroit to atlanta. barry black is the senate chaplain. he held a hoodies on the hill gathering last week. good to see you. you told a story about walking around your neighborhood in 1987. i want you to describe -- retell that story for us again which you shared with folks on capitol hill. >> well, i thought about the story, soledad, when i heard the 911 tapes where george zimmerman said this guy looks like he's up to no good. and all of a sudden it brought it back. i wondered to myself, what does that look like? i was walking in my neighborhood in 1987 when a patrol car pulled around the corner and without asking me any questions or for any identification at all, the next thing i know i was up against the patrol car being frisked. i remembered the conversation my mother had with me as i approached puberty about how you should respond to authority. she was almost encouraging me to be cooperative. i told the officer my i.d. is in my sock. you get it. i'm not taking my hand off this car. i also remember the rage i felt and had to contain. the officer took my green military i.d. card and then said to me you are a navy commander? now, i was 39 years old. i said with a sigh, what does the card say? and so, you know, it was an experience quite interestingly that i never talked to my wife about. it was just something that i absorbed and continued -- >> why not? >> because i can think of instances in my life where i've been guilty of parking while black. driving while black. jogging while black. and walking while black. i parked in an admiral's spot at the air force base. i was a two-star admiral. i was in civilian clothes. a car screeched to a stop and a lieutenant colonel, i could tell by the insignia on the window got out and chewed me out for parking in an admiral spot. son, you don't do that. i know it's a long walk. on and on. i said with a sigh when i looked my i.d. card this morning, i was an admiral. he blushed and said well good for you and that was all that was to it. these are things -- it's very interesting. there's an experience of living in this nation that many african-american males feel or experience that most people are tota totally unaware of. >> does it fill you with rage? my little brother was a medical student. stopped by police. made him lie in the street. classic you know how it goes. he was so angry afterwards because he sort of vaguely kind of sort of fit a description. obviously it wasn't him. and he was just so angry. he was angry for a long time. i was stunned by his rage. do you think people have this underlying anger about this assumption they're up to something if they're not? >> when i was younger, i definitely felt a tremendous amount of anger. i felt insulted. the older i get, the more i actually feel sometimes pity. when you are being frisked by someone who in terms of rank seniority in the military is, you know, significantly lower and yet, you know, you have to put up with it without any kind of interaction, without any kind of conversation, you just look like a suspicious character. some neighbors called and said a suspicious person is walking around in the neighborhood. maybe cases homes. that makes you rather angry particularly when you have read many of the soesho political documents that founded this great nation. >> barry black, we appreciate you talking with us this morning, sir. thank you. >> thank you, soledad. >> ahead this morning, we talk to angela cory, the special prosecutor investigating the trayvon martin case. you can join our cnn town hall. i'll be hosting that it airs on friday at 8:00 p.m. 10:00 p.m. eastern right here on cnn. if you want to be in the audience, go to our website and sign up at cnn.com/startingpoint. >> coming up next, one of the biggest actors of our time is in one of the biggest blockbusters in history. donald sutherland talks to us about "the hunger games." every student equipped with a big brother. school uniforms with a microchip to track children. we'll leave you with kelly's playlist. fleetwood mac "gypsy." of identity thieves "enough." we're lifelock, and we believe you have the right to live free from the fear of identity theft. our pledge to you? 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[ male announcer ] ocuvite. help protect your eye health. welcome back to "starting point." we get right to headlines with zoraida sambolin. good morning. >> good morning to you. the highly charged trayvon martin case has one of new orleans finest in hot water. an officer was suspended without pay for an internet post in response to a rally supporting trayvon. the post reads "act like a thug, die like one." the new orleans police superintendent called the comments incensensitivinsensitid offensive. a new ad from herman cain that will have you scratching your head this morning and petting a bunny. it was temporarily yanked from youtube yesterday. it is for his new movement sos, or sick of stimulus. >> this is small business. this is small business under the current tax code. any questions? >> the bunny there was meant to be a metaphor for the tax code. bitter disappointment for the u.s. soccer team. the americans were knocked out of the games. it's only the second time since 1976 that the u.s. will not be playing olympic soccer. listen to this. tracking kids with microchips. 20,000 grade school students in brazil are wearing uniforms embedded with microchips. that will send parents a text message if the students cut class. the local government has spent $670,000 designing and manufacturing the smart shirts. and they plan to expand to all 43,000 students. are you signing up, soledad? >> i know it's in brazil. i work a morning job. so do you. now i can check, she made it in. all good. >> i love it. i love it. wait until they figure out how to get rid of the microchips. >> that will take about a day. thanks. the trayvon martin case now. it gets more and more complicated with every day with new accounts of what happened the night that trayvon was killed. cnn has learned that trayvon martin had been suspended from school after a baggy with a marijuana residue was found in his booik bag. we're getting george zimmerman's account of what happened that night. the orlando sentinel has a police report. he told police he lost sight of martin and was returning to his suv when martin approached him. abc news is reporting that zimmerman told police that martin tried to take his gun. angela cory is a special prosecutor investigating the martin case and joins us this morning. nice to see you. thanks for being with us. what's the first thing that you are going to try to determine in this case? >> well, we're going to get to the bottom of all of the facts in this case. i met with trayvon's parents last night and promised them they would have the answers about the facts and circumstances of this case. >> so in details i was just reading, some of the information leaked to orlando sentinel and what abc news is reporting, what in those details is important to you as a prosecutor that you will be looking into? >> soledad, we'll look into everything and it's a shame that information on criminal cases comes out too early. our rules of evidence here and our rules of professional conduct require that we not put forth the facts until we're ready to make our charging decision. we understand the martins need to have the answers but at least be informed about every status and every next step in the case and that's what we're doing right now. we will be looking into all of the accounts that are being posted at this time. >> we had joe oliver, a friend of george zimmerman on the air earlier this morning. he said something which i thought was kind of interesting. let me play it for you and we'll talk about it on the other side. >> unfortunately at this time i'm not able to discuss that. basically it fills in the gap between what happened when trayvon and george came face to face and by the time the gun went off. >> so he described it as when the gun went off. are you investigating the possibility that in fact it was just an accident that the gun fired when there was a struggle? >> soledad, we look into that in every shooting case. we do extensive investigation and test the firearm for trigger pull, functionality and everything. >> what happened to the autopsy results on trayvon's body? what do those say about that young man since obviously he can't tell us what happened. what do they show? was he bruised and injured? >> we can't comment on that now. i can tell that you our medical examiners here do a thorough outer body and internal procedure related to the autopsy. every injury is photographed and described in details. it's one the sadder things we deal with but necessary for the proof in this case. also his clothing will be examined by the florida department of law enforcement so every item of physical evidence to which we have access will be looked at, analyzed and preserved for any future tests that may need to be performed. >> when do you expect that would be made available? is that something that happens in the next couple days or weeks or a month? >> we just got assigned this case thursday night. my two top homicide prosecutors have been down there on and off since friday morning working diligently mainly speaking to witnesses, going back over the statements that were documented in police reports, and basically just thoroughly looking into everything. they are doing a great job. it's what they do every day here in jacksonville. they will do the same thing for trayvon's parents. >> on the 911 call, there is a section of that tape, about two minutes and 20 seconds that sounds like a curse and then sounds like a racial slur. also, there is, we know, that george zimmerman was part of a neighborhood watch that wasn't registered. it was self-appointed if you will. what kind of role do both of those facts have in the prosecution? does it matter if there was a curse and racial slur in a prosecution or if you are someone who volunteered to be in a neighborhood watch but are not following rules that official ones have? >> very astute observation on your part. everything he did and said that night is critical and also why he was there would be factors that we would be looking into. we're going to document that. one of the things i asked our lawyers to look into was are there neighborhood watch rules for people who choose to participate in that program? remember, it is a neighborhood watch program. >> so what do you think are the chances that george zimmerman will go free or that he'll ever be arrested? >> i can't tell you that at this time. i can tell you that i have an ace team working on this case and what i promise trayvon's parents last night is any question they have, we answered as many as we could yesterday, we'll answer every other question we have. they will have access to every report when our rules are discovery allow us to release all of those reports. >> the stand your ground law in part let's a person not engaged in an unlawful activity has no duty to retreat and has a right to stand his or her ground and meet force with force including deadly force if he or she reasonably believes it's necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forceable felony. it's been described as what protects george zimmerman but it sort of describes trayvon martin too. had a right to be where he was. meet force with force. >> yes. yes. that's part of our issue as prosecutors withstand your ground law. it makes our job more difficult. justifiable use of deadly force as it existed before this provision was a very complicated law. it gave us a great burden as you know. this is an affirmative defense the defense gets to put forth in these cases and we have to rebut every portion that you just read. >> angela cory, special prosecutor investigating the martin case. thank you for your time this morning. we appreciate it. yes, we'll look into that. i know that's the answer you give to trayvon's parents as well. thank you. >> thank you so much. >> you bet. ahead this morning, i'll speak to roland martin. he's been speaking to trayvon martin's family. "starting point" is back in just a moment. this is $100,000. we asked total strangers to watch it for us. thank you so much, i appreciate it, i'll be right back. they didn't take a dime. how much in fees does your bank take to watch your money ? if your bank takes more money than a stranger, you need an ally. ally bank. no nonsense. just people sense. and who ordered the yummy cereal? yummy. [ woman ] lower cholesterol. [ man 2 ] yummy. i got that wrong didn't i? [ male announcer ] want great taste and whole grain oats that can help lower cholesterol? honey nut cheerios. have 46 grams of whole grains... mmmm. ...and a touch of sweetness. you'll be delighted to discover how good they taste. a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪ eight years ago, elliott was hit by a car when she was riding her bike. it left her a traumatic brain injury. she turned to drawing and painting. dr. sanjay gupta has her story. >> eight years ago elliott was hit by a car and flung into the air. >> while i was in the air, i was seeing central park on my left and people on the sidewalk going my god, my god. >> at the moment she slammed into the ground, her successful year as a journalist was over. she had a traumatic brain injury. >> my helmet was cracked in two like a ripe melon. >> words that once came easier were garbled. she needed an outlet. >> i just naturally started to, you know, take paper and pencils and color things and draw things. i didn't have a tbi. my mind functioned seamlessly when i was doing art. >> art was not just a respite from pain but a new vocation. >> this is the central park jogger. >> eight years after her accident, she's still coping with her injuries. her latest work now hanging in a new york gallery, depicts people who also had a tbi. through intensive rehabilitation of the mind and spirit also overcame. >> do not ever lose hope. you will recover. you will do something with yourself. it's long and painful but there is hope. >> dr. sanjay gupta, cnn reporting. coming up next on "starting point," trayvon martin's family is now confirming why he wasn't in school the day he was killed. roland martin has spoken to the family. we'll chat with roland straight ahead. you're watching "starting point." [ female announcer ] if whole grain isn't the first ingredient in your breakfast cereal, what is? now, in every box of general mills big g cereal, there's more whole grain than any other ingredient. that's why it's listed first. get more whole grain than any other ingredient... just look for the white check. have 46 grams of whole grains... mmmm. ...and a touch of sweetness. you'll be delighted to discover how good they taste. >> we'll sh be talking about this all morning. there's new information in the death of trayvon martin. roland martin has been talking to trayvon's family. he hosted a town hall yesterday in florida along with attorneys who attended. roland, you've had a chance to speak to trayvon's mom and dad. how are they doing and what do they have to tell you? >> obviously very emotional. you saw that last night not only at the community forum but also at the town hall. they have made it clear they want answers in this and they want an arrest. what really angered them was this report as to why he was suspended and what they say and what the attorneys say. i talked to natalie martin this morning for my segment and she said the circumstances of this case will be determined by what happened on the night of february 26th, not what happened previously when he was in school. >> you are talking about details released about trayvon suspended a couple times for truancy and graffiti and a baggy with marijuana residue in his backpack and he was suspended for that. >> the family called it character assassination. the family they say, look, you are trying to do a character assassination of our son and what they said and also the attorneys is that you are trying to flip this to say trayvon was the family here. what happened on that night? why did george zimmerman say he was suspicious? what was he doing walking back from a store? zimmerman didn't know he wasn't in school. didn't know he had been suspended. so their point is how is that important to what happened on that night. >> i talked to the special prosecute. she said we'll look into that. investigate that. look into that. when we spoke to george oliver, a friend of george zimmerman, he said as an african-american man who is a friend of george zimmerman, this is not about race. >> here's the question that i would have for joe oliver. why did george zimmerman call him suspicious? what was the basis of that? that's where it all starts. this starts with him seeing this young man, making a phone call and saying he's suspicious. then he pursues him. so here's the problem for george zimmerman. you can't be the hunter and the hunted. you can't say i'm pursuing somebody but then all of a sudden say now it's self-defense because if i'm trayvon martin and i see some guy driving an suv and all of a sudden they're following me, there's an issue. here's what the attorneys also say. you have a time line that exists with a phone call that trayvon martin was on the phone with his girlfriend from 7:12 to 7:16. you can match that up with the time line of the 911 calls. according to the police report, they arrived on the scene at 7:17. you have a girlfriend who says she hears zimmerman approaches. she says according to the attorneys that she said trayvon just run. he says no. i'm not going to do that. and so how does zimmerman deal with that as well? you have to examine -- >> that's what the special prosecutor said. >> right. the problem here is self-defense really is a legal argument. so that's what you make in a courtroom as opposed to making it outside of a courtroom. the family says we want him arrest arrested. this is what a jury should hear. >> the former head of naacp is accusing those to exploit his death. his family should be outraged at the fact that they are using this child as the bait to inflame racial passions. that's reverend cl bryant. he has a new movie out. >> here's what i would say. how much attention did this story get before black bloggers and folks in social media began to drive the story. would have you a special prosecutor right now had the attention not been placed on it? i would say absolutely not. i would say where is reverend c.l. bryant fighting for justice as simple as that. >> roland martin updating us on what's happening in sanford. appreciate it. >> thanks a lot. appreciate it. >> end point is up next with our panel. stay with us. c'mon dad! i'm here to unleash my inner cowboy. instead i got heartburn. 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