tv Americas News Headquarters FOX News July 13, 2013 12:00pm-1:01pm PDT
society. 27% think journalists contribute very little or nothing at all. time for a job change. that is a wrap this week. thanks to our panel this week. we'll see you again next week. >> gregg: fox news alert out of florida, day two of jury deliberations in the george zimmerman murder trial are well under way. a live look at the courthouse in sanford where six women of the jury you are hunkered down considering zimmerman's fate. we could hear their decision any moment now. be sure to stay with us. i'm gregg jarrett. welcome to america's news headquarters. >> heather: i'm heather childers. panel going on seven plus hours of deliberations. george zimmerman on trial for the shooting death of trayvon martin last year. now, it is up to a jury to find him not guilty or
guilty of second-degree murder or manslaughter. phil keating live in florida with more. phil? >> reporter: about hundred people are gathered outside the seminole county courthouse. they have been hanging out there all day long. out here today, 8 and a half hours -- and still, no verdict yet for george zimmerman. he is, of course, the most famous defendant in the country right now. the he was in court this morning at 9:00 a.m. the judge took her seat. the all women jury returned to the courthouse for the matter at hand which the nation really awaits. is george zimmerman guilty of second-degree murder? is he guilty of manslaughter? or is he not guilty at all? the former neighborhood watch leader that was carrying a loaded concealed handgun killing 17-year-old
trayvon martin was justifiable under florida's stand-your-ground law. after martin bought candy, he was wearing a hoodie. zimmerman spotted him in the neighborhood, thought he looked suspicious, followed him and called police. zimmerman claims martin jumped out of the bushes attacked him. punching him in the nose and bashing his head repeatedly in the sidewalk. his attorney mark o'mara dramatically carried a chunk of concrete for the jury to see. any notion that a sidewalk is not a deadly weapon is, quote, disgusting. jurors deliberated three and a half hours yesterday afternoon before retiring to their secret hotel after 6:00. they only had one question for the courted yesterday, to get an inventory list of all the evidence submitted in the past three weeks of trial.
outside the courthouse, couple dozen demonstrators, supporters of zimmerman and martin urged justice to prevail. high humidity and scorching sun. not one question has emanated from the jury deliberations room. jurors did take a one hour lunch break from noon to 1:00. past two hours they have been back at deliberations, still no verdict as we stand out here and waited for any developments. as soon as a verdict is announced, we will bring that to you live. then, of course, take those proceedings live when those happen. by the way, this is a six-person jury, all women, five white and one hispanic. it's not a 12-person jury, in state of florida you only have a 12 person jury
in a capital case. zimmerman is convicted of second-degree murder faces 25 years to life in prison. >> heather: phil, thank you. with the case resting in the hands of the jury. let's take a look back. it was back on february 26 of last year that trayvon martin was shot and killed. at the time police referred to george zimmerman although not by name as a suspect. a month and a half later, he is charged about second-degree murder and taken into custody. fast forward to june of this year. jury selection begins. ten days later a six member panel is assembled out of all women. trial begins on june 24th, both sides present opening arguments. one day later they see the first pieces of evidence, graphic photos of trayvon martin's body. then neighbors take the stand and dramatic testimony from rachel
jentell she was the on the phone with trayvon martin right before he died. july 1st, lead investigator in the case testified. jurors see an reenactment of the scuffle. next day the state medical examiner takes the stand and says zimmerman's injuries were minor. on 5th, mother and brother say frantic screams were from trayvon after the state rested its case. last monday, five witnesses testified for the defense that the voice belongs to zimmerman. zimmerman's family said it was him. next day, a forensic expert says the evidence supports zimmerman's story. george zimmerman tells the judge he will not take the stand. then the prosecution gives closing arguments. the judge says that she will allow the jury to consider the lesser charge of manslaughter, but rules
out third-degree murder. finally yesterday, the defense delivers the closing arguments. the judge gives the jury final instructions and deliberations begin. >> gregg: here is what we know so far about the six member all women jury. juror number one, hispanic nurse with several children, she lived in chicago at the time of the shooting. juror number two, middle-aged white woman, 30 years of age, one child is an attorney. >> middle-aged white woman and described protests in sanford as rioting. juror number four, white woman, she knew a good deal about the case. not married and doesn't have any children. juror number five a young white woman and her mother. she used to work in financial services. this case is an example warning her two kids not to go out at night. juror number six, a white
woman in her 60s. she lived in iowa at the time of the shooting. married with a grown son. she has been the victim of a crime. jury is certainly heard a lot of emotional testimony as well as some heated exchanges between the defense attorney and the judge. last night, they asked for a complete list of all of the evidence and inventory while it seems they have a lot to consider, prosecutors are asking them only to consider one key question, why did this happen? take a listen. >> why did this occur? what led up to this? at the time of the shooting was it necessary to shoot him? the defense has all these photographs of the injuries. i don't think i need to show you the one photo that
counts, do i? >> gregg: which would be the autopsy photograph. joining us is judge alex ferrar, the host of judge alex and from florida, you know florida law very, very well. you did hear the prosecutor right there use the phrase, it was not necessary to use lethal force. that was about the only time he did it. the jury instruction literally uses those two words on self-defense, reasonableness and necessity. why didn't we hear the prosecutor really drive that point home in front of the jury? >> that is a great question. we didn't hear pounded by the defense as far as the self-defense instruction. it's really not solely about necessity because it doesn't have to be necessary it has to be perceived as necessary. when they were arguing the case, the prosecution who did the rebuttal he made the same wrong argument. he didn't have to shoot
him. that may be the case but perception he had to shoot him that is enough. the reason he didn't pound that point home is because the prosecution knows that as the losing argument for them. the law is in favor of mr. zimmerman and matter of his perception the way he found himself getting injured. >> gregg: did he reasonably believe, i'm reading from the jury instructions to do what he did. what is interesting in florida once you invoke self-defense, it shifts the burden from the defense to the prosecution to disprove beyond a reasonable doubt self-defensive. >> that is where they are weak. they don't have the evidence to disprove it. they have the evidence to create a doubt and how severe were the injuries and you got this fighting issue between the medical examiner who said the cuts aren't serious and indicative of severe pockets to his head that should have required him going to an e.r., all you
can do is raise a doubt --. >> gregg: subject of injuries, mark o'mara did precisely. that he basically told the jurors, zimmerman may not be injured at all to defense himself. take a listen. >> zero, zero. no injuries necessary to respond with deadly force. not on cut on his finger. the statute is clear. reasonable fear of bodily harm. >> gregg: all right. there he did drive it home. that was about the only time he did it. then he said, you know what ladies and gentlemen of the jury the injuries he suffered is just icing on the cake which i regard is
rather unfortunate? >> choice of words was not best. pointed i try to make, if you are at home and you hear a noise and grab your gun and somebody is coming through your window and shoot and kill him, it turns out your daughter has told the neighbor's son, come over, i left the window open. you just killed an innocent boy but you are not guilty because it was per accepting that you were in fear for your life. we have vastly different because you are out in the street but to the extent you have injuries are ice ought cake. they are in addition and help justify your reasonable fear. >> gregg: it shows zimmerman's state of mind which is the critical part of self defense. you meant john guy misstated ago few things. i happening -- misstating. he delivered the rebuttal closing argument and here he is stand your law. listen carefully. >> let me suggest to you in
the end, this case is not about standing your ground. it's about staying in your car like he was taught to do, like he was supposed to do. >> gregg: that is sort of fudges the law quite a bit? >> quite a bit. the reason you see the prosecution doing that, they are good lawyers but the reason in pounding home the emotional this tears at your heart strings, trayvon was never a cardboard character they have to depend on the jury making a emotional decision in case. if they follow the law they will render not guilty. >> gregg: there is no requirement or law that forces george zimmerman to stay in his car even if a non-emergency dispatcher, you don't need to follow. he can still follow. >> he could follow. i think he did. going to street sign to get
an address. >> gregg: prosecutor made it seem in the clip we just played he had to do that under the law. >> he made it seem like and we don't need you to follow is some kind of violation. he put up the guidelines for being a neighborhood watch which may be kicked you out of the neighborhood watch but it's not illegal either. so when a confrontation occurs, who threw the first punch, only evidence is from george zimmerman that trayvon threw the first punch. >> gregg: thanks very much. >> heather: still to come after monitoring emails from consultant james rosen, eric holder promising to treat journalists differently when it comes to leaks. >> and country music legend randy travis recovering from emergency surgery following a stroke.
we'll have an update. >> heather: plus, back to court as we await a verdict in george zimmerman panel. a closer look on that up next. >> i almost wish, never said this in a criminal trial before, i almost wish that the verdict has guilty, not guilty and completely innocent. because i would ask you to check that one. the boys used double miles from their capital one venture card to fly home for the big family reunion. you must be garth's father? hello. mother. mother! traveling is easy with the venture card because you can fly any airline anytime. two words. double miles! this guy can act. wanna play dodge rock? oh, you guys! and with double miles you can actuay use, you never miss the fun. beard growing contest and go!
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♪ ♪ >> gregg: welcome back. quick check of the headlines, death toll from the plane crash in san francisco rising to three. hospital officials say a chinese girl who was in intensive care has died. faulty rail joint may have caused a deadly train derailment in france. investigators say they found the joint moved from the normal position. 6 people died in that accident. >> country music star randy ra travis remains in critical condition. the singer is under heavy sedation after surgery following a stroke.
>> heather: justice department issuing new guidelines about conducting leak investigations involving journalists. department adding new hurdles before prosecutors obtain subpoenas targeting reporters. growing complaints that journalists' rights were violated in high profile cases. joining us is now jamie weinstein. thank you for joining us. along with those accusations, accusations it had in fact criminalized journalism that related to fox news very own james rosen who was named as a criminal co-conspirator says the doj could have access to his records, his telephone records specifically and email. so what about these new guidelines. i understand there are five of them. how have they changed and what are the changes? >> i think there is two really big ones here. one of them from my reading would prevent something what happened to james
rosen from happening again. they could not, justice department could not, charge a journalist as co-conspirator in crime for merely performing news gathering activities in order to get a subpoena for a leak investigation. it looks to me it would prevent a future james rosen situation from happening again. the other big one i think people are pointing to, is the government would have to notify in most cases news organizations if they are going to subpoena records of a reporter. that would give the news organization the ability to challenge that subpoena in court. now, that is not completely and complete and total. the attorney general has the power, according to the guidelines in rare circumstances where the entirety of an investigation could be harmed, to waive that for 45 days and then another 45 days but it would have to be attorney general himself. so the onus would be on
him. it is possible that the 90-day period where they would be looking and subpoenaing records without a news organization knowing about it. >> heather: nothing in the new regulations outright prohibits the seizure of media records? >> there is nothing that prohibits that. prosecutors can subpoena and get records. there is nothing that prohibits that. i will say there is another good point for transparency, the justice department is going to compile every year a list of subpoenas and warrants that it requested from news organizations. that is not going prevent anything but that is going to be out there for in full disclosure so people can see it and review it. >> heather: there is going to be what they call a news media review committee? >> right. it's not clear what powers they are going to have. they are going to be able to talk to the attorney general and give their opinion on what should happen. they are not going to
invested with so much power but the transparency angle a s is a positive. >> heather: attorney general issued a statement the guidelines will help ensure the proper balance is truck when pursuing investigations into unauthorized disclosures. do you think these improvements, these guidelines strike that balance, do you agree with him or does more need to be done? >> at the end of the day, it's at the discretion of the attorney general. attorney general can waive telling a news organization for 90 days if he wants to that they are investigating. you basically still have to trust the attorney general and the justice department. as you know, many people especially on the right and even on the left these days don't have that much confidence in eric holder himself to strike that proper balance. there is a still a trust factor you have to have with whoever is running the justice department. >> heather: does it mean that these go into effect or what is the next step? >> as far as i know they will go in effect very soon.
they haven't given the exact date but the justice department will say they will go into effect very soon. they don't have to be passed by congress. this can be issued by the justice department. we don't know exactly yet, but we are told very soon. >> heather: all right, jamie weinstein, thank you for joining us. >> gregg: one state passing new abortion restrictions and some of the most restrictive in the nation. >> heather: plus, the tears and drama and the testimony in the george zimmerman case. we will break down some of the murder trial's biggest highlights. >> trayvon martin may not have the defendant's blood on his hands, but george zimmerman will forever have trayvon martin's blood on his. hey linda! what are you guys doing? having some fiber! with new phillips' fiber good gummies. they're fruity delicious! just two gummies have 4 grams of fiber!
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♪ ♪ >> heather: welcome back. bottom of the hour, time for the top of the news, republicans in texas senate approving an abortion bill that is one of the most restricted in the country. democrats say they will fight both in the courted and the ballot box. >> russian government says it has not received an asylum request from edward snowden. he would seek russian asylum. >> happy birthday to you ♪ >> thank you very much. >> heather: a pakistani teenager who was shot by the taliban, you remember that for promoting education for girls celebrating her 16th birthday to her speech in united nations.
she wants free schooling and a calls on world for free schooling for every child. >> gregg: deliberations underway in the george zimmerman murder case. we could get a verdict at any time. from beginning to end, trace gallagher has more dramatic moments from this murder trial. >> prosecution began opening statements with a flurry of obscenities relaying what george zimmerman told a police disattacher minutes before he shot trayvon martin [ bleep ] they always get away. those were the words in that man's mouth. >> for the defense. deadly serious trial begin with a joke. knock-knock, who is there. george zimmerman. >> the joke fell flat but the defense recovered by catching the prosecution's star witness rich el who was on phone with trayvon martin before the shooting
in a number of inconsistencies. >> when you were talking about the same thing again, instead of saying what you are talking about, it became what you are doing around here, correct? >> yes. >> reporter: at times she was difficult to understand but her story of how her friend was being pursued for no reason was both clear and captivating. >> [ bleep ] cracker. >> a [ bleep ] cracker. >> reporter: a large part of the case who started the fight and who was heard screaming on a 911 call made by neighbor a neighbor. >> i don't know why. but they are yelling. i don't know. >> i can't see him. i wanted to go out there and want to know what is going on. >> reporter: witness after
witness was called to the stand asked to identify the screaming voice on the 911 call. >> it was george screaming for his life. >> that is the voice you recognize? >> trayvon martin. >> yes, definitely was george's. >> most compelling witnesses were the mothers of both the victim and the defendant. >> do you recognize that? >> yes. >> and who do you recognize that to be, ma'am? >> trayvon benjamin martin. >> whose voice was that? >> my son, george. >> are you certain of that? >> because he is my son. >> the father tracy martin was not his son, but on the stand he disputed that. >> i kind of pushed away from the table and just kind of shook my head and said i can't tell. >> your words were i can't tell?
>> but i never said that wasn't my son's voice. >> lead investigators were the first to hear george zimmerman's version of events. they interviewed zimmerman hours after the shooting and the next day walked him through a videotaped reenactment. then he dropped this bombshell in court. that testimony was stricken from the record but remains in the minds of jurors. there was testimony from zimmerman's best friend an air marshal that wrote a book about the shooting but he wrote it from memory. >> it wasn't until four months later that you went back to scour your memory to put back together what he had told you on that night at 2:00 in the morning on the 27th. >> unfortunately i did not take any notes. it was just memory. >> former sanford police chief testified how the case even divided city leaders, saying when the city manager played the 911 calls for the martin family, police were not allowed in the room.
>> is that normally an event that would be handled by law enforcement? >> yes, sir. >> the city manager then shot back saying he was only trying to accommodate the martin family? >> bottom line was it was the decent thing to do to play it for the family before releasing it to the public? >> that is correct. >> medical experts testified about everything from the angle of the bullet to the absence of blood to the severity of george zimmerman's injuries. >> after reviewing all these items, in terms of at the vevt how would classify the injuries to the defendant's head? >> they are not life-threatening. they were very insignificant. >> while the testimony will make or break the case, it was an exhibit that silenced the court the bullet hole in the hoodie. >> gregg: let's examine this case a bit more closely. to prevail top charge of second-degree murder, they
must convince the jury beyond a reasonable doubt that he harbored ill-will toward martin but there is no evidence of that. take a listen. >> so to buttress their position that george zimmerman, it just didn't trayvon martin that night. >> gregg: i don't know about that. let's bring our legal panel lis wiehl and mercedes cowan. the case begin when john guy the prosecutor, opening statement to the jurors and he exhibited arguably ill-will? >> first words out of his mouth, words from zimmerman that night. he didn't couch it. he didn't try to buffer it. he started with the expletives. i'm not going to repeat those. >> gregg: blank, blank and he is getting away with it.
>> it's a shock value. >> gregg: is that ill-will? >> that is what they are arguing. that is all they have evidence other than the other other calls he made zimmerman. five calls came in. calls not expletives like that, evidencing nervousness about people and robberies in that neighborhood. that could from the prosecution's perspective that could lead to a thought of harbored ill-will. depraved mind. that night trayvon martin at the wrong place and wrong time. >> i think it's difficult at getting murder two. that is why the prosecutors are pushing so hard for manslaughter because they knew, they hadn't been able to establish, ill-will. even with random statements that zimmerman attributed, that is not enough. >> depraved mind without
regard to human life. they have to show that. >> gregg: then you go down below and defines depraved to human life, ill-will and several other things klsmt is why the prosecutor, i wanted to play another clip, kept hammering this ill-will, ill-will, take a look. >> i would say one more than a little angry. that is frustration. that is ill-will, hatred, made up his mind he is a criminal and tired of criminals committing xhikt crimes and my god, he is not going to get away. >> gregg: it's arguable and circumstantial evidence and innuendo and suggestion but it's powerful? >> i think it falls flat. the prosecution was they were putting a square hole in a round peg. it didn't pit fit under the circumstances. >> gregg: you were telling me that you think the
jurors might compromise if they don't? >> that is why they prosecution wanted the manslaughter. they desperately toward the end. >> gregg: isn't it interesting that in the jury instruction on manslaughter, it's not about cull tackle negligence which was a choice here. it's simply, intentional act resulting in death and mere negligence is not enough. >> it's not enough but they also have to show he reasonably perceived that his life is in danger. >> gregg: i have to play another clip because so much has been said about race in this gays. john guy delivered the closing argument for the prosecution, said to the jury, this is not about race and then arguably, he introduced race. take a listen. >> ask your selves, all things being equal, if the
roles were reversed and it was 28-year-old george zimmerman walking home in the rain with a hoodie on to protect himself from the rain, walking through that neighborhood and a 17-year-old driving around in a car who called the police who had hate in their heart, hate in mouth, hate in their actions. if it was trayvon martin who had shot and killed george zimmerman what would your verdict be? that is how you know. >> gregg: are their racial con oh tiagsz? >> all over. that is -- connotations? >> this is not about race.
it's colorblind. justice is blind. you started race mongering. >> it's very clear that race is an aspect of this case outside of the courtroom but to bring it inside the courtroom the only thing. >> gregg: bad move? >> i think it's a bad move. i think the most important is evidence. things you introduce or even the closing arguments to bring race into it. >> it's inflamed the jury. that is not what this is about. >> gregg: six are white. >> there is one hispanic but still, whites can have the same feeling if racial issues are introduced. >> they haven't been under a rock. race is a potential issue and people are talking about this case. to bring night courtroom where it really has no significance. >> if race wasn't introduced from this after this killing occurred we
wouldn't even be here. that is one of the reasons for six weeks they weren't charged. >> not applicable in the courtroom. >> gregg: mercedes, lis, good to see you both. >> heather: still to come zimmerman verdict watch isn't the first to captivate a nation. you may ren o remember some others. casey anthony, o.j. simpson, scott peterson, how deliberations panned out for those cases. after weeks of upheaval in egypt we will take a look what needs to be done to calm the divided country. [ male announcer ] some question physics. some question gravity. and some... even have the audacity to question improbability.
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second day. jury watches like this brings us back to casey anthony, o.j. simpson and scott peterson. live for us in los angeles with more. will? >> reporter: hi, heather, zimmerman jury is under a lot of pressure, very similar to juries in other high profile cases. 1995, o.j. simpson had a jury that took about four hours to find him not guilty for the murders of nicole brown simpson and ronald goldman, so fact the jury time was faster than the white bronco chase. a separate jury took 13 hours to convict him of armed robbery and kidnapping. >> casey anthony was accused of murdering her daughter. the jury took under 11 hours to find her not guilty but it didn't mean she necessarily felt she
was innocent. most recently jodi arias a jury convicted her, convicted her of killing travis alexander. in each case jurors were thinking about things that came as a complete surprise to the public. >> perfect example, scott peterson case, there was a juror we named her strawberry short cake. she was one of the ones that said after if you look the bed the way it is made. a manmade that bed in the master bedroom. >> peterson trial took seven days. in the end they found him guilty. all the experts we have spoken to about the zimmerman trial, there is one thing for sure when it comes to the jury that is nothing for sure. anything could happen. >> heather: will carl, thank you. >> gregg: political cost in egypt after the military ousted the country's president. we'll take a look at what
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george zimmerman murder trial. it could happen any moment now. of course, we'll carry it live. jury is well into the second day of deliberations. these six jurors all females are now inside the courthouse in sanford florida weighing all the evidence. they have asked for one thing and full and complete inventory list of the evidence that was accepted by the judge. they have a few options to consider. they can find him not guilty of all of the charges, either the prosecution didn't prove its case at all or they believed it was justified based on self-defense. or they can find him guilty of second-degree murder, killing done with ill-will, hatred or spite. they could find him guilty of manslaughter intentional acted that caused the death of trayvon martin, but mere negligence is not enough to convict. they have been at it for
nearly seven hours. we'll bring you there decision if they have one live when it happens. >> heather: major political crisis unfolding in egypt. supporters of mohammed morsi hoblgd a rally demanding his return. country's first democratically elected leader was forced to leave office by the military following massive anti-government protests. so how is the obama administration handling the situation? joining us now, richard grenell, former spokesperson for the last four ambassadors to the u.n., thank you for joining us. >> thanks, heather. >> heather: as we watch these on our television monitors at home. something general jack keane said to me, he said elections are easy, democracy is hard. so where is all of this heading in your opinion? >> first of all we have to
remember that elections are not the goal. too many people begin to think once there is an election, america just just abide by whatever the outcome. the united states needs to be able to put ford its own priorities and decide whether or not current governments like the morsi government that just fell, whether or not they are actually a good government for the united states. we have the right to put forward our own policies. let's make it clear it's a very difficult situation. no one envys the obama administration being in this situation but we should speak very clearly about freedom, economic development, freedom of the press, those are the goals that we share. those are the goals that we should be putting forward. >> heather: mohammed morsi is out but the muslim brotherhood who supported him they have made clear they are not and the
anti-morsi group are not backing down either. what should the obama administration do? you say they should make it clear when they talk about individual and personal freedoms but you have both sides at this point blaming in some part the obama administration. >> there is no question, it's a very difficult situation. it's going to be a rough road in the short term. we have to remember that not everyone in the anti-morsi opposition, not everyone was a good guys. there are only certain players we should be supporting. right now i think the obama administration needs to walk carefully but speak very clearly about the ultimate goals. our u.s. ambassador to eept anne patterson has a very difficult job. she just came out of pakistan a couple years ago now he is in the middle of egypt. she knows what difficult
situation are ahead. again, i think we have to speak about the ultimate goals and support those that support more freedom and economic development. we can't sit on the sidelines. >> heather: speak with words or money? what about the military aide, $1.3 billion since 1979? >> right now the money is very important. we should keep the money going forward. when morsi was in power and the islamists were in control. that would have been the time to put strings on our money so we say, look, if you want to lead this country, you need to be putting forward goals that we agree with in order to get our money. now, that the military has stepped in, i think it's very important to continue that money going forward. they are the protector of making sure that we don't have a theocracy in egypt. it's very important and
it's most popular arab nation. we need to be on the side of those that want greater freedom. >> heather: how do we know this is difference when hosni mubarak was ousted out of control and now we are here again? >> the answer is we really don't know. that is why we should be there talking and trying to find out who are the groups that we need to support. vocal vocally support them. support freedom, democracy those goals. >> heather: richard grenell. we appreciate it. >> gregg: we there are at the courthouse waiting for the verdict in zimmerman trial. we will be back to tell you more about what is going on. sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy.
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♪ >> gregg: fox news alert. we can get a verdict any moment now, day two of the jury deliberations in the george zimmerman trial. we are keeping an eye on the courthouse inside and out. producers and reporters are there where a jury of six women are deciding whether the former neighborhood watch volunteer acted in self-defense the night he shot and killed 17-year-old trayvon martin. hello, thanks for being with us, i'm gregg jarrett. >> heather: i'm heather childers. welcome to another hour of america news headquarters. the jury could convict zimmerman of second-degree