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Witnesses Stood Out in Zimmerman Case; Zimmerman Jury to Start Deliberations; Obama to Talk to Putin about Snowden; Authorities Preparing for Zimmerman Verdict; Judge Debra Nelson Profile.
Aired July 12, 2013 - 13:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SUZANNE MALVEAUX, CNN ANCHOR: We're down to the final point, a critical moment in the George Zimmerman murder trial. You're looking at the seal there, the Florida state seal. That means that the jurors are not in the courtroom, but they'll be there momentarily. That's when they are expected to get the judge's instructions and will start their deliberations and the fate of George Zimmerman.
We're also following this. Who can forget of course the horror this Pakistani girl went through when she was shot in the head by the Taliban for encouraging girls simply to go to school?
Last year's attack on Malala Yousafzai got worldwide attention. She was shot point blank. Today she's marking her 16th birthday at the United Nations.
In her morning address, Yousafzai talked about the importance of education.
(BEGIN VIDEO CLIP)
MALALA YOUSAFZAI, VICTIM OF TALIBAN: Let us pick up our books and our pens. They are our most powerful weapons. One child, one teacher, one book and one pen can change the world. Education is the only solution. Education first.
(END VIDEO CLIP)
MALVEAUX: Pretty amazing young woman. After the shooting, she was flown to Britain for treatment, and she and her family lives in Birmingham. That's where she is back in school.
Former Governor of New York Eliot Spitzer said he's passed a big hurdle in his run to be New York City's top financial officer. He announced he's submitted more than 27,000 signatures to the city's Board of Elections. That's about seven times the number necessary to get on the ballot. He told our Christine Romans he's optimistic that the public will hear his case as he tries to get back into public office.
(BEGIN VIDEO CLIP)
FMR GOV. ELIOT SPITZER, D-NEW YORK: Just as I would never predict a jury verdict, I don't want to predict elections. I don't want to predict what the public will do. I've asked for it. If the public is willing, I want to serve. That's the most I can serve. If I get that opportunity I'll be happy. And I certainly hope that I make a case as comptroller.
(END VIDEO CLIP)
MALVEAUX: Spitzer was governor in 2008 when he was caught up in a prostitution scandal. One poll shows him leading a Democratic challenger in the race to be New York City's comptroller.
Day after the stock market hit new highs, investors showing more caution. On Wall Street -- you're taking a look at this -- it's down 25 points or so. The Dow and S&P 500 hit a record closing highs. That was yesterday. Not so much today. The NASDAQ hit its highest level in more than a decade.
Plenty of compelling testimony in the George Zimmerman trial but certain witnesses stood out and provided key moments for the prosecution and the defense. Watch.
(BEGIN VIDEOTAPE)
DON LEMON, CNN CORRESPONDENT (voice-over): 56 witnesses testified in the George Zimmerman trial. There was never any doubt that Zimmerman killed Trayvon Martin. The job for Zimmerman's lawyers was to show he pulled the trigger in self-defense. To do that, they tore into some of the state's witnesses, trying to discredit them or turn their arguments around to suit the defense.
The first target was the prosecution's star witness.
DON WEST, DEFENSE ATTORNEY: Describing the person is what made you think it was racial?
RACHEL JEANTEL, WITNESS: Yes.
WEST: That's because he described him as a creepy (EXPLETIVE DELETED) cracker?
JEANTEL: Yes.
WEST: So it was racial, but it was because Trayvon Martin put race in this?
JEANTEL: No.
WEST: You don't think that's racial comment?
JEANTEL: No.
WEST: You don't think that "creepy (EXPLETIVE DELETED) cracker" is a racial comment?
JEANTEL: No.
LEMON: Then there was Zimmerman's story that Trayvon beat him up, hit his head against the concrete, backed up by the testimony from a neighbor.
JOHN GUY, PROSECUTOR: What did you notice about the condition of his jacket?
OFC. TIM SMITH, SANFORD POLICE DEPARTMENT, WITNESS: The back was wetter than the front of it. It was also covered in grass.
GUY: Do you recall the condition of his pants?
SMITH: Vaguely.
GUY: You said they were blue jeans?
SMITH: Yes, sir.
GUY: Anything else about the condition of his pants?
SMITH: Again, the back was wetter than the front.
BERNIE DE LA RIONDA, PROSECUTOR: You mentioned the second position or the change of position, as we call it, they were horizontal. At that point, it was two individuals, the same people?
JOHN GOOD, WITNESS: Yes.
DE LA RIONDA: OK. In terms of describing the individuals, were you able to describe their faces or anything or just clothing descriptions?
GOOD: Well, going back to when they were vertical, I could tell the person on the bottom had a lighter skin color.
LEMON: George Zimmerman's teacher said Zimmerman knew about Florida's Stand Your Ground law, contradicting previous statements by the defendant, but he presented a scenario that was more favorable to Zimmerman's defense.
ALEXIS CARTER, ZIMMERMAN'S TEACHER: Someone feels they were being threatened and they countered that threat with a force that was disproportionate to the force that was directed towards them, yes, that would be defense claim or an imperfect self-defense scenario.
WEST: Even under that scenario, the person that may have started it with some lower level of force, and the table turns on them and there's great level of force, a disproportionate level, they have the right to defend themselves.
LEMON: Did the defense strategy work? We shall know soon enough.
Don Lemon, CNN, Sanford, Florida.
(END VIDEOTAPE)
MALVEAUX: We will know soon enough. The jurors are expected to be back in the courtroom. That's when they will get the instructions from the judge and begin their deliberations process. It could take hours or days. It will be in the hands of the jury. We'll bring that to you next.
(COMMERCIAL BREAK)
MALVEAUX: We're at a critical moment now. Both sides in George Zimmerman's murder trial have had their say. Now the jurors will have their final word as well. The six-woman jury, expected to start deliberations son. They're in a recess. We expect them momentarily. It's set to resume minutes from now.
I want to go back live to Sanford, Florida. The judge will give the final jury their instructions and, while we wait, of course -- they will decide the fate of Zimmerman in the shooting of Trayvon Martin -- let's bring in our legal analysts, Sunny Hostin, Mark Nejame.
Sunny, I'll start with you.
You were inside the courtroom. It was explosive on both sides very powerful arguments. We heard from defense attorney in the closing argument and the prosecutor, John Guy, deliver the rebuttal point by point. Tell us how the jurors responded to both of these men.
SUNNY HOSTIN, CNN LEGAL ANALYST: Having just left the courtroom and listening to John Guy's rebuttal, he had them at "hello." The jury did not look away. It was that powerful. He really touched upon so many point that many of us in the courthouse have been talking about. When is the prosecution going to say something like, Trayvon Martin had the right to defend himself also. That came out.
One thing he did, which I think was affective and relatable to these five mothers out of six women on the jury, he said this is a child's worse nightmare, being followed in the dark by a stranger, home. Each and every juror, they didn't even look away. Not even when he was showing things on the screen. They're eyes were riveted upon him. I think it's probably of the best rebuttal arguments I've seen.
They call them the closers, those attorneys that are chosen to close the prosecution's case. He was clearly the closer.
(CROSSTALK)
MALVEAUX: Before we go on to the other side, let's listen to John Guys rebuttal. I want our audience to hear.
(BEGIN VIDEO CLIP)
JOHN GUY, PROSECUTOR: -- a child had every right to be where he was. That child had every right to do what he was doing, walking home. That child had every right to be afraid of a strange man following him, first in his car and then on foot. Did that child not have the right to defend himself from that strange man? Did Trayvon Martin not also have that right?
(END VIDEO CLIP)
MALVEAUX: Mark, I want to bring you into the conversation.
What did you think of the prosecution's rebuttal when he talked about what happened previous there to the shooting.
MARK NEJAME, CRIMINAL DEFENSE ATTORNEY: Fantastic. I think he did a spectacular job with what he had. I was transfixed. I had chills coming to me when you talk about a child being able to get home safely. I don't know how a parent could be unaffected by that.
With that said, in closing, one piece of the case does not control the entire case. I think the state, as has been acknowledge by most, had an uphill battle. It's not the easiest case. I think they've done nothing less than a fantastic job of taking a very challenging set of facts and creating a real case out of it for the state. But when I think the jury looks at everything in totality, this is a jury that's been taking a lot of notes. They're going to go through them. When they start comparing each to the other, I think the state has failed in his burden to prove the case beyond a reasonable doubt. I think it's beyond a tragedy that we have a young man dead. I think that for a whole lot of reasons, especially for its gun laws, that this could have been avoided. That's a topic for another day, which is a big part of it. But because the laws exist on the books the way they do, I think the state didn't meet its burden. I think it's almost impossible for them to meet their burden if the law is followed because the laws on the book, particularly in relation to gun laws. But --
(CROSSTALK)
MALVEAUX: Mark, let's listen in to defense attorney, Mark O'Mara, stressing the self-defense argument that he used early this morning.
(BEGIN VIDEO CLIP)
MARK O'MARA, DEFENSE ATTORNEY: Do we think he might have acted in self-defense? Not convinced. I have some doubt, some concern. That he just may have acted in self-defense. If you reach that conclusion, you get to stop. You really do. Why? Because self-defense is a defense to everything -- to littering, to speeding, to battery, if it mattered, to grand theft, to assault, to manslaughter, to second- degree.
(END VIDEO CLIP)
MALVEAUX: Sunny, that was their case. He said this was an easy decision for the jurors because of the self-defense and the reasonable doubt here that they are stressing. Do you think there's a point here that the prosecution has been able to open up that reasonable doubt?
HOSTIN: I didn't find the defense closing argument persuasive. Mark O'Mara is a brilliant attorney. He's an excellent attorney, but I don't think he had enough to work with. The bottom line is this is not a question of who done it. It's why he did it. I don't think that is the benefit of a reasonable doubt. Reasonable doubt arguments work really well when it's "who done it." You can't be sure this person did it. You can't be sure ladies and gentlemen because the eye witnesses aren't being truthful or he's got great alibi. This is case of we know he did it. It's whether it was OK he did it. In those types of cases reasonable doubt argument are not as persuasive. I think the defense needed a bit more. The defense really tried to have it both ways. He tried to explain to the jury that they really shouldn't make assumptions and they shouldn't use their common sense, that they should instead look at what was before them without the prism of their experience which is not what the judge will instruct them to do but then they ask them to make a lot of assumptions. I didn't think it was persuasive.
MALVEAUX: Sunny, Mark, stay with us.
We're following this moment by moment. As the Zimmerman trial nears an end here, authorities in Sanford, Florida, are preparing for what could come after the verdict is read. Up next.
(COMMERCIAL BREAK)
MALVEAUX: President Obama is going to talk with Russian president, Vladimir Putin. The United States considers Edward Snowden a spy. Today, he made his first public statement since he arrived in Moscow last month. Listen closely. The audio quality not that great but we wanted to hear what he had to say.
(BEGIN VIDEO CLIP)
EDWARD SNOWDEN, NSA WHISTLEBLOWER: A little over one month ago, I had a family, a home in paradise, and I lived in great comfort. I also had the capability, without any warrant to search for, seize and read your communications. Anyone's communication at any time.
(END VIDEO CLIP)
MALVEAUX: Snowden said today he wants temporary asylum in Russia and asked some human rights lobbyists to lobby on his behalf.
The deliberations will begin moments away. They will be given their instructions by the judge and determine the fate of George Zimmerman in the second-degree murder trial. Up next.
(COMMERCIAL BREAK)
MALVEAUX: As the nation awaits a verdict in the trial of George Zimmerman, African-American leaders are calling for calm. The former neighborhood watch volunteer is accused of second-degree murder in the death of black teen, Trayvon Martin.
Our Alina Machado reports that police in Sanford, Florida, are prepared whatever the outcome.
(BEGIN VIDEOTAPE)
ALINA MACHADO, CNN CORRESPONDENT: as the George Zimmerman trial draws to a close, authorities are on alert.
CECIL SMITH, POLICE CHIEF, SANFORD POLICE DEPARTMENT: We'll be prepared to deal with issues as they arise.
MACHADO: Sanford, Florida, police chief, Cecil Smith, says his department has been in contact with state and federal law enforcement. Details of their plans are not being disclosed.
(on camera): Do you get a sense of what it's going to be like here once there's a verdict?
SMITH: When you look around the streets now you see people riding bikes, it's nice and peaceful. This is what it's been for the past, I'm going to say 12 months.
MACHADO (voice-over): That's how they want it to stay. But some are using social media to call for violent protests if Zimmerman is acquitted.
SMITH: There's a great deal of chatter that's out there. The interesting part is that with social media now, you can be anywhere and do anything and believe that people aren't watching or tracking what you're doing.
MACHADO: Authorities are taking notice and community leaders are speaking out. The president of the Seminole County NAACP says no protests are planned. He released a statement saying, in part, "Remain calm and peaceful because we definitely are advocating nonviolence throughout the United States, not just here in Sanford. Whatever the outcome is, accept the verdict."
On a national level, African-American leaders also are calling for peace.
REV. AL SHARPTON, CIVIL RIGHTS ACTIVIST: Whatever the outcome, there should be no gloating, and there should be no violence.
MACHADO: Back in Florida, Sanford's top cop is eager to see the end of a trial he's been closely following.
(on camera): Do you think it's been fair?
SMITH: You know, it's the judicial system. We hope that there's always going to be a fair trial.
(END VIDEOTAPE)
MALVEAUX: Police in south Florida joined a group of young people to release this public service announcement urging for calm. Take a listen.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Raise your voice.
UNIDENTIFIED MALE: And not your hands.
UNIDENTIFIED FEMALE: You need to stand together as one. No cuffs. No guns.
UNIDENTIFIED MALE: Let's give violence a rest. Because we could easily end up arrested.
UNIDENTIFIED FEMALE: I know your patience will be tested but.
UNIDENTIFIED MALE & FEMALE: Law enforcement has your back.
UNIDENTIFIED MALE: Let's back up and choose not to act up --
(END VIDEO CLIP)
MALVEAUX: We've heard closing arguments. We're now waiting for the judge to instruct the jury in the Zimmerman trial. You see the seal there. Moments away from them returning to the courthouse. We're going to bring that to you live as soon as it happens.
And she, of course, a no nonsense judge that repeatedly called out lawyers from both sides in the trial for not obeying the rules. Up next, a look at Judge Debra Nelson.
(COMMERCIAL BREAK)
MALVEAUX: The judge hearing the murder case against George Zimmerman is a veteran of the Florida Circuit Court. Debra Nelson was appointed to the bench back in 1999 by then-Governor Jeb Bush. She's got a no- nonsense style that can ruffle some feathers.
Here's our Randi Kaye.
(BEGIN VIDEOTAPE)
RANDI KAYE, CNN CORRESPONDENT (voice-over): Judge Debra Nelson hardly seems to notice the cameras in her courtroom. She's too busy putting attorneys in their place.
WEST: I'd like to make a speaking objection.
JUDGE DEBRA NELSON, CIRCUIT JUDGE: You can't make an objection to your own question.
Let's stop this right now. I have told counsel before, first of all, no one talks over the other.
Please don't go off focus here.
UNIDENTIFIED ATTORNEY: No, no, no.
NELSON: Don't no, no, no, me either.
KAYE: Her no-nonsense style might be a turnoff to some. To CNN legal analyst, Mark Nejame, who's presented cases before Judge Nelson, it's a breath of fresh air.
NEJAME: This case could have easily unraveled, imploded. The judge is going to have no part of it. She's going to let everyone know who's in charge. It's going to be her.
KAYE (on camera): Judge Nelson wasn't originally chosen to hear the case. She replaced another judge who the defense claimed had a bias against Zimmerman. She's been serving on the bench in Florida's 18th Judicial Circuit since 1999. Before that, she practiced law in Orlando. She earned her law degree from the south Texas College of Law.
(voice-over): Nejame says Judge Nelson tends to agree more with the state, which is not uncommon for a judge, something on display as she clashed with defense attorney, Don West, over jury instructions.
NELSON: I am not giving that instruction.
WEST: That's an error by not instructing this jury properly on the law.
NELSON: You continually disagree with this court every time I make a ruling. If I have made a mistake in this case, you will appeal. This is my ruling on this issue.
KAYE: But it was this moment, after a hearing late into the night, that will forever be cemented in trial watchers' minds.
WEST: I'm not physically able to keep up this pace at this moment. It's 10:00 at night. We started this morning. We have full days, every day. Weekends, depositions at night.
(CROSSTALK)
KAYE: She simply decided it was time to go.
She may not be warm and fuzzy, but Judge Debra Nelson is always on her game.
NEJAME: When there is a difficult argument, she said, I'm going to go study it. That night, she did, or that weekend, she did, and she came to court prepared.
KAYE: Prepared and ready to rule, as she thought the law dictated.
Randi Kaye, CNN, New York.
(END VIDEOTAPE)
MALVEAUX: The jury expected to arrive momentarily after their recess. They'll get instructions from the judge and start the deliberations.
In the meantime, I'll hand it over to my colleague and friend, Brianna Keilar, who takes it from here.
Have a good weekend.
BRIANNA KEILAR, CNN ANCHOR: You too, Suzanne. Thank you very much.
