but carol, that notwithstanding and that s rhetoric and i get that tensions flame high and the prosecutor wants conviction and the defense attorney wants an acquittal. ultimately the judge had a number of a lot of factual information to base the decision upon. let s start understanding that this was a bench trial. what that means is there s no jury and a judge acts as the finder of fact and puts himself in a position of a jury. it s also important to understand that based upon the judge s findings a different judge certainly could have had other findings and made a different decision. certainly a jury could have done the same thing. but i think there are three real critical components of the decision. one is is it manslaughter for what brelo did. you talked about the 49 shots. he jumps on the hood of the car. he discharges his weapon. the judge found there was no causation. that it was a fatal shot that came from brelo s weapon but it was not the fatal shot and many people take umbrage
the officer substantially bodily harm by the way not just an imminent threat of a tussle as you point out. where is the proof that they are. this was a hideous act. let s be clear. we are on the same page. he was concerned for his life. as a cop you do not have to prove self-defense. sure you do. threat of bodily harm. manslaughter requires that there was not a premed occasion to commit murder, but, yet you took the life anyway. you took the life in the heat of the moment with the legal provocation. that makes it manslaughter. it is not murder. furthermore, if they insist on charging murder, i guarantee you this cop will be acquitted because this. because what? because the jury. where did he perceive the physical bodily threat? this man grappled with me. he grabbed me. he was reaching for my taser. you don t see that in the video. a long track record of
tussle as you point out. where is the proof that they are. this was a hideous act. let s be clear. we are on the same page. he was concerned for his life. as a cop you do not have to prove self-defense. sure you do. threat of bodily harm. manslaughter requires that there was not a premed occasion to commit murder, but, yet you took the life anyway. you took the life in the heat of the moment with the legal provocation. that makes it manslaughter. it is not murder. furthermore, if they insist on charging murder, i guarantee you this cop will be acquitted because this. because what? because the jury. where did he perceive the physical bodily threat? this man grappled with me. he grabbed me. he was reaching for my taser. you don t see that in the video. a long track record of doing the right thing. fine. fair enough.
and you can imagine how shocked that such a hero could do such a thing. so, we know that he did kill her. the question is, was it premeditated as a murder or was it manslaughter. you spoke with reeva s agent and what did she tell you? she speaks about what an incredible person reeva was. she was so focused. remember she was only dating oscar since october. hadn t been a long romance and she wonders what the panic, what the fear, what was going on in her mind in those last minutes of her life. now, remember, she went to the bathroom with her cell phone which some people tell me is not unusual, but what is unusual is that oscar seems to have forgotten the code to his iphone. so, what has happened in the last few weeks is that the prosecution has solicited the help of the fbi to get apple to get access to the encrypted data. so, that s going on as we speak.
murder. is it murder? is it manslaughter, or was it self-defense when michael dunn shot unarmed teenager jordan davis and killed him. because the others kind of go together. three charges of attempted murder when he shot into the car as the car was driving away, and also shooting into the vehicle. i think those are easier charges. the top charge is the toughest one for this jury, the way the evidence went into them. it shouldn t have been a tough charge. but i think that s the one they re probably struggling with. now, ken, if he, let s say for argument s sake, and we re only speculating. we have no way of knowing. there is no inside leaks or anything from a jury. and they re sequestered. but let s say lisa s guess is right, that they re struggling with the top and maybe they are agreed on the other three. what kind of penalty do you get in florida for that? well, if he is convicted of the lesser crimes of attempted first-degree murder, and again,