a criminal case standard is pretty high. danny, you think that s the case, he hasn t done it in a criminal case. in this video, you see trayvon martin hitting george zimmerman first. that s george zimmerman s side of the story. exactly. they re trying to admin this as substantive evidence. we can talk about iron man suits and video games, and i would agree if these two parties had been wearing these suits at the time of the incident, this would be admissible. but that s the problem. it s the underlying data being fed into this computer. it s based on statements, the data coming in is probably that s really what the prosecution s argument is. if it was merely just a demonstrative exit, the technology and science is good, but that s only good for iron man, it s not good if the underlying data doesn t demonstrate what happened. are you surprised it has
time than a legislature. as for the zimmerman case, many legal experts say the prosecutors may have to include those lesser charges for the jury to consider. maybe like manslaughter, which in this case carries a maximum sentence of 15 years. unless, of course, a gun is used. and then that time is doubled. in the end, the prosecution s level of confidence will likely determine just what charges they ll go after. ashleigh banfield, cnn, florida. our panel joins us again. sunny hostin, marcia clark, danny savalos and mark geragos. sunny, what do you think the chances are that the jury will be instructed in an opt for lesser charges? i think there s no question the jury will be charged on second murder and manslaughter. that s a lesser included offense. the way i read the statute, it has to be done.
gotten this far giving each side so much to discuss this and will wait fill tomorrow to rule on this? no, not at all. i agree my guess is, and i m sure i ll get an e-mail from this gentleman tonight, but my guess is he s always had one of these in a civil case where you re fighting over money. having said that, i have seen and have been on the receiving end on the l.a. county d.a. s office where they ve had some not quite animated but in murder case where is they had somebody throwing a watermelon in their backyard to demonstrate how the murder took place and that has been admissible. i think the reason the judge is struggling with this is there is some case law which would
trayvon martin or whether it was trayvon martin who attacked george zimmerman, you can t say? that s correct, sir. in fact, you can t testify as to who threw the first punch. that s correct, sir. and you can t say whether it was trayvon martin defending himself or george zimmerman defending himself in terms of when this first started. when it first started, that s correct, sir. reporter: the prosecutor got the witness to admit the defense was paying demayo $400 an hour for his expertise. but demayo said the case didn t require a lot of his time. up to yesterday, $2400. this is not exactly a complicated case. reporter: the state was also to get the pathologist to say that trayvon martin could have been trying to move away just before the shot was fired. at that point, you don t know if trayvon martin was backing up, backing away in terms of providing an angle or whether he
reporter: the prosecution jumped on a key question that the defense expert couldn t answer. you re not testifying as to who started what led up to the death of sflaim that s correct, sir. and you re not saying who attacked who, whether it was george zimmerman who attacked trayvon martin or whether it was trayvon martin who attacked george zimmerman, you can t say? that s correct, sir. in fact, you can t testify as to who threw the first punch. that s correct, sir. and you can t say whether it was trayvon martin defending himself or george zimmerman defending himself in terms of when this first started. when it first started, that s correct, sir. reporter: the prosecutor got the witness to admit the defense was paying demayo $400 an hour for his expertise. but demayo said the case didn t require a lot of his time. up to yesterday, $2400. this is not exactly a complicated case.