Zimmerman judge: Jury can consider manslaughter
Case expected to be in hands of jury Friday
(CNN) -
The judge in George Zimmerman's murder trial has ruled that jurors can consider the lesser charge of manslaughter -- a move Zimmerman's lawyers opposed.
Zimmerman, 29, is accused of second-degree murder in the Feb. 26, 2012, death of Trayvon Martin, a 17-year-old who was visiting his father in Zimmerman's Sanford, Fla., neighborhood.
He shot Martin after an altercation that occurred as Martin was walking back from a nearby convenience store.
Prosecutors asked the court Wednesday to let jurors consider manslaughter and aggravated assault, but Zimmerman's lawyers objected, saying it should be murder or nothing.
The case will be in the hands of the jury Friday.
Another point that will be addressed is whether Florida's controversial "Stand Your Ground" law can be applied by the jury. The law gives a person facing a "presumption of fear of death or great bodily harm" extra protections should they respond with force instead of retreat.
Zimmerman has never denied shooting Martin. But he's contended that he did so in self defense, portraying himself as the victim and Martin as the aggressor.
But the late teen's backers say the shooting could not be justified, with activists leading widely attended rallies and taking other steps urging authorities to press charges. Faulting Zimmerman for ignoring a 911 dispatcher's direction not to follow the teen, they believe Zimmerman profiled Martin because he was black.
Many of those arguments, on both sides, will likely play out during closing arguments.
Those start Thursday afternoon, when Bernie de la Rionda makes the prosecution's case for up to two hours. Defense lawyer Mark O'Mara will make his case for up to three hours Friday morning, followed by a rebuttal of up to one hour from prosecutor John Guy.
Later Friday, the case will be in the hands of the all-female jury.
No testimony from Zimmerman
Zimmerman, from his comments to police to the arguments of his lawyers, has steadfastly maintained he shouldn't be found guilty of murder, contending he shot the teen in self-defense.
But jurors weighing his fate won't hear that from him directly.
On Wednesday afternoon, Judge Debra Nelson asked Zimmerman if he'd made a decision about taking the stand in his own defense.
"After consulting with counsel," Zimmerman replied, he'd decided "not to testify, your honor."
Moments later -- and after Nelson refused a request from Zimmerman's team to dismiss the case before the jury could weigh in -- the defense rested its case.
The prosecution had once stated its intention to call up to three witnesses in the rebuttal phase of the trial but did not call any. One potential rebuttal witness was not called because the judge ruled prosecutors couldn't pursue one line of questioning. Another was ruled out because the prosecution wasn't certain the witness was available. The exclusion of the third potential witness wasn't explained.
That means the last witness the jury will have heard from is Robert Zimmerman, George's father.
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