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George Zimmerman to Face Charges?

Aired April 11, 2012 - 15:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

BROOKE BALDWIN, CNN ANCHOR: Top of the hour, breaking news. I'm Brooke Baldwin.

Busy, busy day here at CNN, as we are just now learning, according to a senior law enforcement official speaking to CNN, that George Zimmerman will face charges. We have learned that Angela Corey, the special prosecutor in this case, she will be holding a news conference in three hours from now.

So, 6:00 Eastern time, she will be holding a news conference. She did clarify no charges have been brought against George Zimmerman yet. You know the story, George Zimmerman, the neighborhood watch volunteer who shot and killed this 17-year-old as Trayvon Martin was walking along with Skittles and sweet tea.

The issue in Florida, this is a stand your ground law. How could they defend this particular case and how could they defend this individual and then potentially what charges could George Zimmerman face? As Sunny Hostin was just saying, potentially manslaughter. Manslaughter could be it.

I want to bring in Martin Savidge.

Martin, let's just reset this whole thing. Tell me if you can. I know if there's been obviously no reaction on the ground there in Sanford yet, but why today with regard to this news conference and Angela Corey, why four hours from now and what should we expect?

MARTIN SAVIDGE, CNN CORRESPONDENT: It appears that something could have happened because it was just yesterday, last evening when we got the official announcement from Angela Corey's office that there would be some sort of update, some sort of information she would deliver within 72 hours.

Well, this is within 72 hours, but actually much sooner in that 72- hour window than most people anticipated. What has exactly transpired for her to come out and hold this news conference at 6:00, we're not exactly sure.

I should point out in her official news release, she said she is going to update the investigation with important information. The news release does not specifically mention charges. That's what we heard and that's what many people are anticipating. We're really going to have to wait and see. But what changed everything? Could it have been the rather chaotic and very unusual news conference that was held by George Zimmerman's now former attorneys? We just don't know. We also know that George Zimmerman according to the men did reach out directly to her office which she initially shunned because of the fact he didn't have representation. Has he obtained representation now? These are all great questions for which I don't have good answers at the moment.

BALDWIN: You had a recent conversation with the mayor. How is the mayor of Sanford? How is the Sanford Police Department preparing for potential rage as a result of these charges potentially?

SAVIDGE: I don't think anyone here is expecting rage. The reason -- and maybe they're being cautiously, guardedly optimistic, but there have been a number of demonstrators in this community and keep in mind this has been going for 40-plus days.

This community has seen all sorts of things including yesterday very early in the morning when there was an unmanned police car that was shot up by somebody. They have seen a lot, but there has been actual person-on-person violence. The shooting is troubling but right now they believe that was a squad car with nobody in it.

So at this point, they are not expecting outrage. They do believe the possibility is for charges. And so this community has prepared either way. They have reached out to other counties, reached out to other law enforcement entities on a state and even on a federal level. They are all in constant communication and their emergency operation center will be operating as we go forward.

BALDWIN: OK, Martin Savidge, thank you in Sanford, Florida.

Again CNN has confirmed with Angela Corey and her office she will be holding that news conference at 6:00 Eastern in Jacksonville, Florida.

On the defense side, I want to bring in Brad Conway, he's a veteran defense attorney in Florida. Obviously knows how the state works, how the stand your ground law works specifically in Florida and it's also in some 15 other states.

Brad, question number one. I almost feel like with you from a defense perspective we have to back up to that news conference we saw yesterday where these two attorneys for George Zimmerman say we haven't talked to him since Sunday, therefore we're withdrawing our representation. Might there be another attorney be at play here or are we to assume perhaps that George Zimmerman not have even a defense yet?

Brooke, he's got to be thinking about a defense at this point.

BRAD CONWAY, FLORIDA DEFENSE ATTORNEY: Having had legal counsel, he realizes -- his father is a judge so he realizes the importance of having someone actively advocating for him.

And I'm sure if he hasn't retained somebody, he's actively looking for somebody. And that's right around the corner.

BALDWIN: In the case, and again, we don't know if charges will be brought. We do not know. We should be very clear we know that this news conference is going to happen in Jacksonville with Angela Corey who is a prosecutor in this case. We don't know if that means she will definitely bring charges. But some sort of news will happen.

If in fact she does, or if eventually according to the senior law enforcement officer who is telling CNN charges will be brought. And if it is manslaughter, and in a state like Florida where we're talking stand your ground law, how, if you're his defense attorney, Brad, how do you defend him?

CONWAY: You know, Brooke, what this will come down to is three doctrines that are applied to the stand your ground law, equal force doctrine, disparity of force doctrine, and great disparity of force doctrine.

What these doctrines are is they describe what force you can use when presented with force. In other words, equal force means a punch for a punch, kick for a kick, et cetera. Disparity of force is a doctrine that enables you to use deadly force against an ostensibly unarmed attacker, in other words, somebody who is a mixed martial artist that you know to be aggressive and violent coming towards you and you're just of average build and no specific fighting skills.

If you are armed, in that situation, you can potentially use deadly force. These are the doctrines that will apply in this case. If charged, he has a right to a preliminary hearing where a judge will determine whether he's immune from civil and criminal prosecution. So in applying those it will be easy to say one way or the other that George Zimmerman either exceeded the force necessary or did not exceed it.

BALDWIN: What do you tell your client about where to hide, where to go? No one knows where George Zimmerman is according to his attorneys. He may or may not even be in the state of Florida. What do you say to George Zimmerman now?

CONWAY: One thing that is of key concern to everybody is Mr. Zimmerman's safety.

I don't think anybody wants to see another innocent life be harmed, whether it's Zimmerman or any of the public that are so engrossed with it. So he needs to be in a safe place. However, lawyers don't help their clients hide. And in this case, Mr. Uhrig and Mr. Sonner were ready to turn Mr. Zimmerman in at any time.

And that's what any responsible attorney is going to do, have close connections with the state's attorney office if an arrest or a warrant is issued to turn that person in as reasonably and safely as possible.

BALDWIN: But if Mr. Uhrig and Mr. Sonner don't know where this now say former client is, are we to presume that someone, perhaps a federal investigator, perhaps a state investigator knows where he is and will communicate with him somehow, look, here's the news, you're being charged, time to come in?

CONWAY: Brooke, I have got believe that somebody knows where he is and will get that information to him.

Otherwise, he's going to find out through the media. It's going to be announced as soon as it happens and he will be aware of a warrant being issued for him. And I would hate to think of a defendant like this having to turn himself in without the assistance of counsel and without the assistance of law enforcement frankly. This is something law enforcement needs to keep a close eye on and maintain control over.

BALDWIN: Brad Conway, if George Zimmerman is even listening right now, what advice would you have for him?

CONWAY: The advice I have for Mr. Zimmerman is find an attorney, find a good attorney and do it fast.

BALDWIN: Brad Conway, appreciate you coming on, giving us this defense perspective here.

I do want to play a little bit more sound as we have just recently heard in the last hour from Trayvon Martin's parents. Here's his father speaking a short time ago.

(BEGIN VIDEO CLIP)

BENJAMIN CRUMP, ATTORNEY FOR FAMILY OF TRAYVON MARTIN: When the special prosecutor makes her decision, that we want to make sure that everything remains peaceful and responsible and that nothing gets out of hand.

So I want to say at the very beginning before we say anything, we want all America, we want all the world, Reverend Sharpton, we're asking anybody who really cares about justice for Trayvon Martin to follow the example of Sybrina Fulton and Tracy Martin, his mother and father in remaining peaceful and having faith in our system and being prayerful.

TRACY MARTIN, FATHER OF TRAYVON MARTIN: As a parent that loses a child, it is very tough to maintain your sanity. But I told myself the second day that Trayvon was dead that I will find it within myself to do right by him to make sure that his name wouldn't be -- his death wouldn't be in vain.

SYBRINA FULTON, MOTHER OF TRAYVON MARTIN: For the last 44 days, it has been a nightmare. And this is coming from a mother's perspective. I have been up and down as if I was on a roller coaster.

But I know beyond a shadow of a doubt that justice will be served.

(END VIDEO CLIP)

BALDWIN: You heard from Ben Crump who is representing Trayvon Martin's family there and then you heard from his parents.

Coming up on the other side of the break as we stay with this breaking news story here, we're going to hear from a clinical psychologist, Dr. Jeff Gardere, as we heard from George Zimmerman's attorney coming out yesterday. Part of what they mentioned is the fact they are hearing he has lost a lot of weight and they even mentioned PTSD. Did you catch that yesterday? Post-traumatic stress disorder. It's something we talk about when we hear about some of our veterans coming back from war. But can we really talk about PTSD when it comes to this guy? That's next.

(COMMERCIAL BREAK)

BALDWIN: Once again, breaking news. CNN has spoken to a senior law officer familiar with the Trayvon Martin death investigation.

I just want to quote this officer telling CNN George Zimmerman will be criminally charged if he hasn't been charged already. We have talked to the special prosecutor's office in this case, Angela Corey, and she has said no charges have been brought yet, but she is holding a news conference at 6:00 Eastern. Will she bring charges? We do not know yet.

But we do know a little bit more about the mind-set of really who has become the most hated man in America, that being George Zimmerman.

And I want to bring in clinical psychologist Jeff Gardere to just sort of walk me through maybe what in the world, wherever in the world this man is, what he must be thinking even going through.

Jeff, what do you think?

JEFFREY GARDERE, CLINICAL PSYCHOLOGIST: Well, before even we get to this whole issue of possible PTSD as brought up by his lawyers yesterday, let's talk about what is going on emotionally with George Zimmerman.

This is a man right now who's extremely scared. He doesn't know whether he's going to be charged, though we believe he will be. He doesn't know who his friends are anymore, and whether he's guilty of this or not, he actually has been involved in a shooting.

He actually has killed someone, whether it was in self-defense or not, I should say, and all of that is weighing on his mind. Let's not forget the $10,000 bounty the was put out by the New Black Panther Party, though most people don't take it serious. Perhaps he does and he knows there are people out there perhaps looking for him.

And you're right, he is very much disliked at this point. So all of that weighs upon his psychological stability.

BALDWIN: But when we heard from the two attorneys standing out there yesterday saying we are withdrawing our representation, we haven't talked to our client this Sunday, they sort of go off in a different direction a little while in saying we're hearing he's lost a lot of weight and he's unstable.

They threw out the acronym PTSD, post-traumatic stress disorder, which when I think of PTSD, I think of our men and women coming back from war. My question to you is, is it really realistic that he's suffering from PTSD or might it be ASD? That's acute stress disorder. First, because I'm no psychologist, what exactly is the difference and which might it be in this case?

GARDERE: When you're looking at PTSD, you're looking at somebody who has flashbacks, anxiety, depression, they try to avoid stimuli that reminded them of the event they were part of which is outside or normal human functioning where they felt that they were about to be severely injured or lose their lives.

We see that normally develops within a few days to a couple of weeks. It has to develop within three months of that traumatic event. That's what we see as PTSD, and that can go on for years.

Acute stress disorder is the exact same thing, except that you don't have the same symptoms which is I gave you any longer than 30 days. That's why we say they're acute. They flare up and then they go aware. His attorneys are saying he has the longer order, if you will, the PTSD.

(CROSSTALK)

GARDERE: It's really brilliant they say that because if you have it the way that I'm saying that you're afraid for your life, afraid that you were going to have injury, then they can roll in this whole idea that it was self-defense because he was afraid he was going to be severely injured or killed and therefore that's why he would have PTSD.

Whether he has it or not, we don't know, because no one has examined him, no psychologist has examined him that I know of.

BALDWIN: Jeff Gardere, stand by.

Guys, do we still have Brad Conway on the phone? Is he listening to our conversation from the defense perspective?

Brad, Jeff brings up an interesting point. Do you think -- again when we say attorneys, we should be saying former attorneys of George Zimmerman. Do you think they were thinking five steps ahead strategically here? Let's say PTSD, this could help us lay out a defense if in fact we end up representing him.

CONWAY: If they were in contact with Mr. Zimmerman the entire time and knew the facts that has put forth, then certainly PTSD does roll into a defense they will present.

They will present a defense that he was justified in taking the life of Trayvon Martin. And taking the life of a human being, whether justified or not, has a traumatic effect on somebody that has a conscience. So it's consistent with what they have been putting forth of Zimmerman's story the entire time.

BALDWIN: OK, Brad Conway, thank you. Dr. Jeff Gardere, my thanks to you as well.

Before we go to break here, want you to listen to Zimmerman's former attorneys here earlier on CNN, soon after announcing they lost contact with Zimmerman, last time they were in contact with him was Sunday, no longer representing him. They say they don't know where he is but they did suggest he's no longer in Florida. Listen.

(BEGIN VIDEO CLIP)

HAL UHRIG, FORMER ATTORNEY FOR GEORGE ZIMMERMAN: All I was trying to represent is for those people who might be thinking about staking out family members' homes or friends' homes and either endangering them or causing them any distress, there's no point in doing that. He hasn't left the country. He's not going to flee. He wouldn't have called the prosecutor's office and asked to come in and tell his side of the story if he was fleeing.

CRAIG SONNER, FORMER ATTORNEY FOR GEORGE ZIMMERMAN: When all the evidence is brought out by the police and everyone sees the whole picture, they will see that George Zimmerman acted in self-defense.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BALDWIN: We are less than three hours now from that special news conference that will happen at 6:00 Eastern in Jacksonville, Florida, put on, on behalf of the special prosecutor in the case.

I'm talking Trayvon Martin and George Zimmerman. Angela Corey, she will be holding it. We are now hearing from this senior law enforcement official saying -- I'm looking over at a quote, George Zimmerman will be criminally charged if he hasn't been charged already.

We did clarify with Angela Corey's office, he has not been charged yet.

I do want to play a little bit of sound because as you know this is being investigated in the local level, this is being investigated within the state of Florida and also on the federal level. The Department of Justice is looking into this as well.

Interestingly, we heard today from the attorney general. We heard from Eric Holder. And he has referenced this case in the past. But this is the significant today because this is first time he's really referenced this case by name. Take a listen.

(BEGIN VIDEO CLIP)

ERIC HOLDER, U.S. ATTORNEY GENERAL: We have a very high barrier, high bar that we have to meet in order to bring federal charges in this case. And so we are continuing in that regard.

The FBI has been on the scene doing things to try to build that case, while at the same time, we're helping the state in its attempts to build a case as well.

That's why I want to urge people to do, to allow the legal process to run its course. If there is to be charges that are going to be filed, if there's to be a trial, to let that play out.

I have great faith in our justice system, great faith in our criminal justice system and I'm confident through the investigative process through anything that follows that process, the truth will ultimately be determined and the appropriate actions will be taken.

I think people have reacted to this on a number of levels. As a parent, I reacted to it. This is a pain that no parent should have to endure. The notion of having to bury a child is something is in some ways for a parent the ultimate pain. So there's that reaction.

We also have I think a reaction that is based on issues we have faced in this nation over the years. It brings to the surface many of those issues. So I think there was that reaction as well.

(END VIDEO CLIP)

BALDWIN: It's interesting because as we have been hearing different federal officials including not too long ago the president, the president weighing in, saying, if I had had a son, he would look like Trayvon Martin. Now you hear from the attorney general saying, as a parent, I reacted and it would be the ultimate pain in this kind of case.

Sunny Hostin, I know you're still sitting with me, former federal prosecutor here. As you're looking at this and listening to the attorney general weigh in, why is that significant?

SUNNY HOSTIN, CNN LEGAL ANALYST: You know, it just goes to show you the import of this case and the reach of this case.

You know, this has reached the highest level of government and is just a story all around the world. And I think people have reacted to this case much like the Casey Anthony case, because there are so many people that are parents and that have children. And I think they have real empathy for this family who are under just tremendous strain have acted very elegantly throughout.

I think it just sort of underscores why this case has struck a chord in our nation. I myself as a mother and as a lawyer I have met with Trayvon Martin's parents. Certainly it's clear they're under a tremendous amount of stress.

It's important to them that somehow something happens to push this case forward. They have been asking for an arrest for quite some time. Perhaps now we're hearing that's going to happen.

BALDWIN: Forgive me. I'm just listening to Eric in my ear.

Reverend Jamal Bryant is the reverend of the family. We're going to talk to him, reverend of the family, of Trayvon Martin's family. We will talk to him after this quick break.

(COMMERCIAL BREAK)

BALDWIN: Here we are at the bottom of the hour. If you're just now joining us, this has been more than a month since the shooting and killing of 17-year-old Trayvon Martin. That was back in Sanford, Florida, back on February 26. Now the day I know Trayvon Martin's parents have been waiting for potentially, I should say.

We have learned here at CNN from a senior law enforcement source close to this investigation saying that George Zimmerman will be charged. Will that news break today at the 6:00 Eastern news conference in Jacksonville, Florida, that we now know will be given the special prosecutor in this case, Angela Corey? Perhaps, perhaps.

Want to bring in Reverend Jamal Bryant and he's with the family right now with Trayvon Martin's parents, Tracy Martin and Sybrina Fulton.

Reverend Bryant, first, how are they? How tense are they?

(CROSSTALK)

REV. JAMAL BRYANT, MARTIN FAMILY ADVISER: I think they're strong considering that this has been a protracted process.

We're now at day 44. And so they're on edge, waiting to hear exactly what the charge is going to be, but they're at peace because their faith has been able to be their resolved through the process. But we're just waiting to hear exactly what attorney Angela Corey is going to say and prayerful it will be something that will be reflective of liberty and justice for all.

BALDWIN: You mentioned they're wondering what the charges are. How much does that matter for them? As you mentioned, it's been 44 days. They have been pleading for some kind of arrest. Would an arrest, would a charge be good enough?

BRYANT: No, we're no not looking for symbolism. We're looking for justice.

At this point, we don't want anything that is politically correct. We want something that's equitable to an innocent life that was snatched unprovoked and unwarranted. Here's a person who had absolutely no record. And so these parents have really been grieving through their strength and through the support and prayers of all of those who are around the world. And so we're not just looking for any charge, but a charge that fits the crime.

BALDWIN: Reverend Bryant, if it is manslaughter, is that good enough for the family?

BRYANT: Well, we're going to hope (ph) that. And then, as a family and as a team, with the lawyers, we're going to be in discussion after the attorney shares her comments in a few moments. And then we'll share what exactly we plan on doing at that point. But we want to hold and reserve until we hear exactly what the prosecutor has in mind.

BALDWIN: I understand we're, and going to be hearing from the prosecutor -- and looking at my clock -- in just about 21/2 hours from now. What will Mr. Martin and Ms. Fulton be doing in that 21/2-hour time? How will they be spending that time?

BRYANT: We just finished praying together as a family, and really just trying to unwind. You can't even imagine what kind of stress this is because they still have not found any closure in this for trying to push forward.

And then present family members, friends and well-wishers are all waiting to hear what's going to happen. We're looking from outside as (inaudible) as a grieving family. This is probably going to be the longest 21/2 hours. And so asking everybody to keep them in prayer and to keep them at peace.

BALDWIN: It's interesting you mention the word closure. I want to follow up with you on that in just a minute, but again, we know that you are all in Washington. You're in an event with the National Action Network. I want to play a little bit of sound from Tracy Martin. This is Trayvon Martin's father. Let's all take a listen.

(BEGIN VIDEO CLIP)

TRACY MARTIN, TRAYVON'S FATHER: This fight wouldn't be an easy fight and that have to fight for all the Trayvons that were out there, that haven't been heard of.

(APPLAUSE)

MARTIN: And still today, with the events that have been occurring, even after all of this is over, I vow to Trayvon that I will not stop pushing to try to get laws rectified and try to get some kind of conclusion and understanding within our community.

(END VIDEO CLIP)

BALDWIN: Rev. Bryant, final question to you, no matter what the conclusion is, they have lost their 17-year-old son. Is closure even possible?

BRYANT: Absolutely, closure is possible. No matter how painful it is, even when you look at Jesus dying on the cross, he declared he was finished. And I think that this mother this father want to be able, at the end of the day, to say that it's finished, that it hurts, but at least we know that we found justice for our son.

And Trayvon really stands as a symbol for so many Americans who have had a loved one gunned down senselessly (ph) and want to know, does the justice system actually work. And if it's broken, who has the wrench in order for us to fix it.

And so a lot is on the line. Millions of Americans and millions of people around the world are waiting to see America step up to the plate and do what its Constitution promises it will do.

BALDWIN: Rev. Jamal Bryant, you consider yourself the spiritual adviser and counselor of Trayvon Martin's parents, and you say this will be -- the next two-and-a-half hours, the longest two-and-a-half hours of their lives. Thank you, sir, for calling. And we appreciate you with family there right now in Washington.

We got to go to break. When we come back, we're going to talk with Beth Karas, who is looking into what exactly happens here. What happens if and when George Zimmerman is charged? Next.

(COMMERCIAL BREAK)

BALDWIN: All right. Back with our breaking news, and look, a lot of questions here. I mean, really, the big one is what happens next?

What happens next, once George Zimmerman is officially charged, which we're hearing he will be, according to the senior law enforcement official, I want to dig into exactly how this will work. Let's walk through some of the steps here. To do that, I want to go to "In Session" correspondent Beth Karas.

So Beth, I have this e-mail I'm looking at from you and your editor, where you're going to help me walk through procedurally, legally what happens, beginning with step one, the special prosecutor in this case, who's holding this news conference. Her name is Angela Corey. She files an information with the court. An information -- what is that?

BETH KARAS, CNN CORRESPONDENT: It's an accusatory instrument. Some places file indictments. That's what a grand jury returns. Sometimes there's a complaint which then becomes an information after a particular hearing.

In Florida, the state attorney, the prosecutor files this accusatory instrument him or herself, but does not get an arrest unless a judge agrees to it. So the information is simply the filing of the charges.

BALDWIN: OK. So just to be clear, if this is a filing of the charge, we're hearing from the senior law enforcement official, saying, yes, he will be charged, are you're telling me that it's possible he could be charged but not be arrested?

KARAS: Well, the information isn't the arrest warrant. An arrest warrant has to be signed by the judge. So the state attorney has to go with an affidavit signed by usually a police officer or a lead investigator, who compiles a lot of information based upon the investigation, and says here's my probable cause to believe this crime or crimes were committed.

And a judge has to look at it and say, you know what, I agree or I disagree. I agree there was probable cause. I will sign this arrest warrant. So that follows the filing of the information. Right? So --

(CROSSTALK)

BALDWIN: So it's the information --

KARAS: (Inaudible) to it.

BALDWIN: It's the information that the probable cause package is presented, step three, if and when Zimmerman is arrested, he has his first appearance before a judge.

KARAS: Correct, within 24 hours or so. Now, he could surrender if they know where he is. He could turn himself in or if the police have to go looking for him, they'll go find him, and put handcuffs on him and bring him in in a car. So there are different ways to surrender to charges or get actually handcuffed and brought in on them.

But Zimmerman suspected or expected this to happen, so I would hope that law enforcement knows where he is. And he will either walk himself in with family to the office or have the police come pick him up -- to the police station, rather.

He'll get booked and then within 24 hours, he'll be before a judge, who will read him the charge or charges, advise him of the charges and then set bond. If there's some level of homicide charged here, and we expect that will happen, there will be bond set.

Now, the judge in setting bond, will look at ties to the community, whether or not he's a flight risk, the severity of the charge against him, his exposure, whether he has criminal history, things like that, that we typically see in a bail or bond hearing or application. And then he will be held in custody until or unless he posts that bond.

(CROSSTALK)

BALDWIN: OK, well, let me --

KARAS: I suspect he'd be in protective custody, though.

BALDWIN: Let me jump in, let me back you up to the -- to the arrest. What if he resists arrest?

KARAS: Well, if he resists arrest, then that will add another charge. Right, because you -- if you starting fighting with officers, you could have a charge of assaulting an officer.

Resisting arrest is a misdemeanor charge, at least in New York (inaudible) -- I believe it's a misdemeanor unless there's assault involved in Florida as well. So you run the risk of having additional charges if he resists. But they will get him. He'll be brought in. But I don't expect him to resist.

BALDWIN: OK. Moving along with her steps, step four, he's arraigned.

KARAS: OK. Arraignment may happen within two or three weeks. It's not immediate. It's not that first appearance before a judge. It's different in Florida. Some states you have to be arraigned where you enter a plea of not guilty or you plead guilty. That wouldn't happen here, almost always it's a not guilty plea.

And then the trial calendar is set. And you start setting dates for motions and hearings and things like that. That'll happen within two to three weeks of his first appearance. That's what we expect, at least. I could be a little bit longer if somebody want a little more time. BALDWIN: And then the defense -- because we know Florida is one of 26 states -- 26 or 27 with the "Stand Your Ground" law, the defense then files a motion to dismiss based upon that.

KARAS: Yes, the defense will file a motion at arraignment or close to arraignment, asking for a hearing on this law. That's what we anticipate will happen. That's what this case is about. He says he was justified in it.

And this immunity hearing, it's called, or "Stand Your Ground" hearing will be critical, because a lot of witnesses, earwitnesses, eyewitnesses, people the police talked to, will be expected to testify. I wouldn't be surprised if Zimmerman himself testified, because this is the shot at getting the case dismissed.

The defense has the burden here, unlike the prosecution at trial, has a burden to prove a case beyond a reasonable doubt. The defense has the burden to prove justification by a preponderance of the evidence, the lower civil standard, 51 percent to 49 percent, and just before a judge.

And if the defense wins, then he's immune from prosecution and the case is over. But that decision by the judge can be appealed by the prosecution.

BALDWIN: OK. And then ultimately, we're talking pretrial. We look at the trial. So that's a look at what we could be seeing for the foreseeable future as far as procedurally here and Beth Karas, thank you very much.

But I want to look back now, as we just heard the reverend speaking with me, sitting in Washington with Trayvon Martin's parents. He said it's been 44 days. You know they' re counting. I want to take you back, back to February 26th. We're going to look at the timeline all the way back to all those 9-1-1 calls from that night. Don't miss it. That's next.

(COMMERCIAL BREAK)

BALDWIN: Well, we know that George Zimmerman says he shot and killed 17-year-old Trayvon Martin in self-defense. It was the night of February 26th in Sanford, Florida. Let's just take a quick look back at the last 44 days. Don Lemon has the story.

(BEGIN AUDIO CLIP)

DON LEMON, CNN CORRESPONDENT (voice-over): 7:11 pm, February 26th, a rainy night in Sanford, Florida. George Zimmerman calls 9-1-1 to report a suspicious person in his neighborhood. That call would last four minutes.

George Zimmerman, neighborhood watch captain: Hey, we've had some break-ins in my neighborhood and there's a real suspicious guy (inaudible). The best address I can give you (inaudible). This guy looks like he's up to no good or he's on drugs or something. It's raining and we just -- walking around, looking about and -- UNIDENTIFIED MALE: OK. And this guy's -- he white, black or Hispanic?

ZIMMERMAN: He looks black.

UNIDENTIFIED MALE: Did you see what he was wearing?

ZIMMERMAN: Yes, a dark hoodie, like a gray hoodie, and either jeans or sweatpants and light kind of shoes. He's (inaudible) here. He's just staring.

LEMON (voice-over): 7:12, phone records show Trayvon Martin is on the phone with his girlfriend. 7:13, Zimmerman is giving the dispatcher directions when he says the subject took off.

UNIDENTIFIED MALE: Are you following him?

ZIMMERMAN: Yeah.

UNIDENTIFIED MALE: OK, we don't need you to do that.

ZIMMERMAN: OK.

LEMON (voice-over): 7:15, Zimmerman hangs up with 9-1-1.

UNIDENTIFIED MALE: OK, no problem. I'll let them know to call you when they're in the area.

ZIMMERMAN: Thanks.

UNIDENTIFIED MALE: You're welcome.

LEMON (voice-over): At the same time at 7:15, Trayvon Martin's girlfriend tells ABC News, she's still on the phone with him.

DEEDEE, TRAYVON MARTIN'S GIRLFRIEND: He said there's a male watching him (inaudible) earlier somebody pushed Trayvon because (inaudible).

LEMON (voice-over): 7:16, the line goes dead. At about the same time, a neighbor's call to 9-1-1 reveals background screaming and then a gunshot.

UNIDENTIFIED FEMALE: 9-1-1, do you need police, fire or medical?

UNIDENTIFIED FEMALE: Maybe both, I'm not sure. There's just someone screaming outside.

UNIDENTIFIED FEMALE: OK. And is it a male or a female?

UNIDENTIFIED FEMALE: It sounds like a male.

UNIDENTIFIED FEMALE: OK. And you don't know why?

UNIDENTIFIED FEMALE: I don't know why. I think they're yelling "help," but I don't know. Can someone (inaudible)?

UNIDENTIFIED FEMALE: OK. Does he look hurt to you?

UNIDENTIFIED FEMALE: I can't see him. I don't want to go out there. I don't know what's going on, so --

UNIDENTIFIED MALE: (Inaudible).

UNIDENTIFIED FEMALE: They're sending.

UNIDENTIFIED FEMALE: So you think he's yelling help?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: All right. What is your (inaudible)?

UNIDENTIFIED FEMALE: There's a gunshot.

UNIDENTIFIED FEMALE: You just heard gunshots?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: How many?

UNIDENTIFIED FEMALE: Just one.

LEMON (voice-over): 7:17, officer Timothy Smith, the first to arrive. And according to the partial police report, the officer says, "I was advised by the dispatch that the reports of shots fired." And in the span of two minutes, Smith canvases the scene, spots George Zimmerman, wearing a red jacket and blue jeans, observes a black male wearing a gray hooded sweatshirt laying face down in the grass.

Questions the man in the red jacket, who admits to shooting the subject and still being armed. Secures a 9 millimeter gun and places the man in handcuffs.

The officer observes the man in handcuffs bleeding from the nose and the back of his head, according to the police report. All of this in about two minutes. The police report says, a very tight time window, according to senior law enforcement instructor, Alex Manning.

ALEX MANNING, SENIOR INSTRUCTOR, STATE POLICE ACADEMY: You really want to know what happened in those couple of minutes. Were they still running? Was he walking around looking for Trayvon or was Trayvon heading out of there? So in those two minutes you don't really know what happened.

LEMON (voice-over) 7:19, two minutes after Smith, a second officer arrives, Ricardo Aiello (ph), who observes Zimmerman already in Officer Smith's custody. Sometime between 7:19 and 7 :30, Aiello says he tries to get a response from the subject on the ground.

A sergeant arrives, checks the pulse. There is none and both officers begin CPR. Another sergeant arrives and takes over chest compressions from Officer Aiello. The fire department arrives, attempts to revive the subject. And at 7:30, a paramedic pronounces the subject, Trayvon Martin, dead. Then the police report says Zimmerman is placed in the back of the Officer Smith's patrol car and given first aid. But exactly when that happened is a matter of dispute. Criminal defense attorney Holly Hughes.

CRIMINAL DEFENSE ATTORNEY HOLLY HUGHES: -- look at him, and we don't know what time the EMTs arrived. If it took them 5 additional minutes to arrive, you're now down to five minutes for them to perform a complete medical examination on him.

If he's in that bad of shape, they' re not going to do something that takes five minutes. They're going to bandage him if he's got a gushing gash in the back of his head.

LEMON (voice-over): The time stamp on this Sanford police surveillance video shows Zimmerman and officers arriving at the station at 7:52, 35 minutes after the first officer arrived at the crime scene. The police station is a 15-minute drive away.

(END VIDEO CLIP)

BALDWIN: Don Lemon with a look back here over the last 44 days. And you know, chances are this is a story, no matter how you feel about it, you've talked about it. You've talked about it over lunch with your colleagues.

You've gone home and talked about it, perhaps with your loved ones over dinner, and a lot of people have perspectives on this story. So imagine if and when this case goes to trial, how do you find an impartial jury? We're going to ask that of Sunny Hostin after this quick break.

(COMMERCIAL BREAK)

BALDWIN: Forty-four days since the shooting death of 17-year-old Trayvon Martin. We are now hearing from a senior law enforcement official with inside knowledge in this case that charges will be brought upon the shooter in this case, George Zimmerman, who, again, maintains he shot and killed the 17-year-old in self-defense.

But if and when this goes to trial, how do you have an impartial jury? I want to bring in Sunny Hostin. Sunny, I can't help but think of the Casey Anthony trial where, again, it was a similar story in the sense that everyone knew about it, everyone was talking about it. The trial was in Orlando, they were bussing jurors in from Pinellas county. How do they do this in Sanford?

SUNNY HOSTIN, CNN CORRESPONDENT: That's right. You and I talked about that during the Casey Anthony trial, Brooke. You know, it can be done. You can certainly bus in jurors from another jurisdiction. This is a special prosecutor, not from Sanford. This special prosecutor is from Jacksonville, in fact. And so you certainly can bring in jurors from other places.

I don't think that there is going to be any person in Florida that hasn't heard about this case. This is an international story at this point, Brooke. But when I was a prosecutor I sort of thought about the flipside.

When you handle a high-profile case or a celebrity case, you don't necessarily want a juror that hasn't heard of the celebrity, hasn't heard of the case, because that's a juror that's sort of out of touch, and a juror that's been under a rock somewhere.

BALDWIN: That's interesting.

HOSTIN: And so I think the goal is not necessarily to find someone that's never heard about this case, but rather a person that has heard about the case and yet can still be fair and impartial. And I can tell you from my years of experience trying cases that is a real possibility. We find jurors all the time in their communities, even jurors that have heard about particular crimes.

BALDWIN: That is so interesting. Finding a juror with just the right sort of balance -- with the right balance in these cases and perhaps we will be talking about that in time, but again, we do not know when, but we do know it will happen. Charges will be brought against George Zimmerman.

Sunny Hostin, my thanks to you. We're going to get back to the breaking news in just a moment. But also breaking today, the feds are suing APPLE. Let me say this again, the U.S. government is suing America's most profitable company and these allegations here not only involve the secret deal but the possibility that you paid more than you should have. That's next.

(COMMERCIAL BREAK)

BALDWIN: The U.S. Attorney General, Eric Holder, just announced the federal government is going after Apple and two book publishers for allegedly trying to fix the price of ebooks. The publishers I'm talking about here are MacMillan and also Penguin. The three other publishers, Hachette, HarperCollins and Simon & Schuster.

They settled with the Department of Justice today promising they will no longer take part here. Holder says ebook buyers have been paying $2 to $3 more per book because of this, to quote him, "this conspiracy."

Also today President Obama gave a speech to millionaires and to their secretaries in Washington and he came to promote what's really become known as the Buffett rule. It would tax millionaires at a minimum rate of 30 percent. President Obama says it's really just all about tax fairness. He's even considering a name change.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: What Ronald Reagan was calling for then is the same thing that we're calling for now, a return to basic fairness and responsibility, everybody doing their part, and if it will help convince folks in Congress to make the right choice, we could call it the Reagan rule instead of the Buffett rule.

(END VIDEO CLIP) BALDWIN: And it is day one of the general election campaign. Mitt Romney emerges as the Republicans' choice to challenge President Obama. And guess what Romney's talking about today? He is talking about women.

He is trying to appeal to women voters, but still, when you look at the latest Washington Post/ABC news poll, really it's the economy and jobs. That is what people want to hear about.

Also the fueling process under way in North Korea. Some time in the next couple of days the North plans to launch a long-range rocket.

It says the goal is to put a satellite into orbit, but the U.S. calls this whole maneuver a disguise for ballistics missile test which threatens regional security. South Korea calling it a grave provocation, and Japan says it'll shoot the rocket down if it violates Japanese air space.

And finally, for the 12th time, mass murderer Charles Manson comes up for parole today and for time number 12 the California Parole Board turned him down. He, in fact, didn't even show up. He was represented by a state-appointed lawyer who's never even met him. Charles Manson, now 77, convicted of the 1969 murders of actress Sharon Tate and six others.

And that's it for me here. I'm Brooke Baldwin at the CNN World Headquarters. Wolf Blitzer -- your "SITUATION ROOM" begins now.