perhaps monday. we may see that. he gave every indication that will happen. she instructed him to do it before the bail hearing set for next friday so as not to delay the proceedings but a very unusual twist that will probably see a lot more of that. thank you. i want to bring in kendall coffey. let s begin the news for the bail hearing. what information will the judge take into account when deciding to release or not release zimmerman? the bail hearing is a big deal. it is a personal ordeal for the defendant but it also makes everything that the defense lawyer does that much more difficult. in florida we have a state constitutional provision that actually make it easier to get bail even in a case like this that in many other places.
what the prosecution will likely do is have to address the strength of their case. to show that he should not be bondable because we have an overwhelmingly strong case of second-degree murder them don t have to prove it with live witnesses. they can use transcripts and affidavits. it would normally give a real glimpse of what the prosecution thinks is their strongest evidence. if the judge finds the prosecution does not meet this very, very high standard, it is actually higher than the reasonable doubt standard in the state of florida. then judge would have to consider some kind of pretrial release such as, for example, house arrest or home detention, assuming you find the right place with various conditions to assume that george zimmerman will indeed be available and be in some form of custody between now and the time of trial. when you talk about the trial and the strength of the case itself, let s talk about the strength of potential defense.
zimmerman s attorney said the stand your ground law will likely come into play. zimmerman as entitled to a hearing, he and his lawyers have to convince the judge that he killed trayvon out of here of his own life. only two people really know whammed in the moments before trayvon was shot and trayvon obviously can t tell his side of the story. does that put extra pressure on zimmerman that we ll all hear from him testifying? well, that is a distinct possibility. what florida does with respect to stand your ground type defenses, is a very unusual feature. it allowed the defendant to actually ask the judge to throw the whole case out before trial. not just a defense that you can raise in front of a jury during the time of trial but a defense that grants you immunity. the defendant would have to prove it by a preponderance of evidence. that means it is more likely than not that george zimmerman has a veiled self-defense claim under the stand your ground law. but to be sure, there are a n
florida and it is the law that will have impact on this case. nbc s ron allen joins us now live from sanford, florida. weng we understand that there was this hearing in the last hour about the possibility of a conflict of interest. what was determined out of that? reporter: well, it s a very small world in the legal community here in central florida. the judge in the case, jesaid h husband is a partner in a firm with mark nejime. he was contact some time ago about representation. that didn t work out. but the lawyer also has business arrangementes with the zimmerman family and he is a paid legal analyst for cnn. so the current lawyer said he thinks that s a bit close and that is a possible conflict of interest for the journal judge. the judge with instructed him to file a motion about that to replace her as soon as possible.