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That the prosecution can go to the jury on just the murder charge, the second degree charge, vinnie? no. you need the lesser included. and they should always be there. that s up to the jury to decide. put them out there. if they believe murder, they believe it. if not, go to aggravated manslaughter. let the jury make the decision. that s the longest single word i ve ever heard in my life. danny can you add to that? it goes to the jury. that s for sure. but will it be a not guilty? yes, it will, zimmerman walks. thank you very much, fellows. if people knew how you investigation have been insults my basketball games since the last time you ve been on, they d understand why i m giving you a hard time. let s go back to the wall here. prosecution, defense, ups and downs. you have to say that the defense has done a solid job is it enough? we don t know. today is very, very important what happens with the animated re-creation with the prosecution ends its case. ....
Messages. what could you hope would be the probative value of these text messages that wouldn t just bitter the jury? well, there s a spectrum of different things the defense is trying to get in. one is the marijuana which goes to his state of mind at the time. signing that s probative. i think that should come in. however once we move along the spectrum we get the text messages. we have to be aware of what zimmerman was aware of at the time. when you get into trayvon martin s bad character that zimmerman couldn t possibly have been aware of then you move away from the probative. and the potential for prejudice starts to rise. when prejudice outweighs substantially the probative value, it must be excluded. so vinnie, do you believe i concur you dorun with. you condurincur. do you think they run with this case and if they do, what do ....
It s likely that it won t. this is not demonstrative evidence. it s not just animation. they re trying to admit it for substantive evidence. the problem is not the technology. obviously, this technology is used in ireman. it s breathtaking, it s cgi. the formula used, if someone had actually used these magic suits to run around when the crime was committed it would be admissible. the problem is, he s just re-creating it using estimations of data from different witness statements. that is probably not going to meet the standard. and it s a high one for admitting this kind of evidence. surprisingly, danny s saying it shouldn t be getting in. we don t need to balance that out, vinnie. let me hit you with this, danny. you ve made a defense to go after trayvon martin who was questionable the victim here even after giving zimmerman a beatdown. what could that mean to jurors, you re playing around with marijuana, now the text ....
And danny cevallos. vinnie, i start with you, you have di maio up there. he seems to confirm that george zimmerman s story makes sense. the prosecutors anybody nibbling on small points. how damage to get case? it was damaging. and the real reason was the contrast that the medical can ter that the prosecution put on the stand. his demeanor, his confidence, the way he testified, so different from dr. di maio who is so seasoned so experienced and came across pretty well in court yesterday, unfortunately for the prosecution. all right. for both of you, i want you to weigh in on the cartoon. we start with you danny cevallos, what could this mean for the defense if this animated re-creation gets in? oh, it could mean good things for the defense if it gets in. the question is will it get in? ....
Martin. remember, that s fundamental to self-defense. and that he could haven been moved after being shot. and animated drama. this is going to be huge. why? the defense wants to introduce a cartoon that shows what happened that night in the altercation. it could be very, very influential to the jury. it could literally be the picture in their minds to events. so what happens is critical to what happens today. we have to watch it. trayvon on trial, the defense has made a decision to make trayvon martin relevant in terms of whether or not he was a good actor here or bad actor. the marijuana use is allowed. now text messages what do they say? we hear from the defense talk about how he was a fighter maybe he wanted a gun. trying to paint a picture pour them. is that dangerous for them? you could say yes. when they effective yesterday, we get better answers than i can by. we have mr. vinnie poll la ton host of d.c. d.c. ....