--TEASE--\nTHE SO-CALLED "AFFLUENZA TEEN" IS NO LONGER A TEENAGER......\nAND HE'S SET TO BE RELEASED FROM JAIL TODAY.\nI'M JOHN LORINC.\n --LEAD IN--\nETHAN COUCH IS SCHEDULED TO BE FREED FROM PRISON TODAY.\nHE'S THE SO-CALLED "AFFLUENZA TEEN" WHO KILLED FOUR PEOPLE IN A D-U-I ACCIDENT FIVE YEARS AGO.\nJOHN LORINC REPORTS.\n --REPORTER PKG-AS FOLLOWS--\nSOME SAY ETHAN COUCH GOT A SLAP ON THE WRIST FOR HIS FATAL 2013 D-U-I ACCIDENT.\nCOUCH'S ATTORNEYS SAID THEIR CLIENT'S WEALTHY UPBRINGING MADE IT IMPOSSIBLE FOR HIM TO UNDERSTAND THE CONSEQUENCES OF HIS ACTIONS.\nCOUCH WAS SENTENCED TO A DECADE ON PROBATION, BUT TWO YEARS LATER HE FLED TO MEXICO -- A VIOLATION OF THE TERMS OF HIS PROBATION. \nHE EVENTUALLY WAS GIVEN A TWO YEAR SENTENCE BEHIND BARS.\nTRIAL ATTORNEY MARK TATE SAYS COUCH SHOULDN'T EXPECT ANY MORE SYMPATHY.\nMark Tate/Trial Attorney\n"If he gets in trouble again and violates the terms of his parole, he's going back to prison for the remainder of his sentence."\nI'M JOHN LORINC REPORTING.\n --TAG--\nCOUCH WILL HAVE TO WEAR AN ANKLE MONITOR AND HAVE A 9 P-M CURFEW.\n -----END-----CNN.SCRIPT-----\n

Firefighters pry open a wrecked car as they rescue four teenagers who were hit by an impaired driver in Toronto, Ontario. Firemen and paramedics wheel out a victim on a stretcher as they pass by the damaged car. Police investigate the damaged car of the impaired driver. Photos of teenage victims Jason McMullen, Tanya Nadelin, and Nina Shepherd are displayed. Close ups of the damaged cars. PLEASE NOTE News anchor and reporter image and audio, along with any commercial production excerpts, are for reference purposes only and are not clearable and cannot be used within your project.

Video footage from the KXAS-TV/NBC station in Fort Worth, Texas, to accompany a news story. This story aired at 10:00 P.M.

INT BROLL GEORGE ZIMMERMAN TRAYVON MARTIN TRIAL / SWITCHED POOL FEED KATIE HUBER LOG **NOTE: JUDGE'S COMMENTS IN CAPS **NAMES OF WITNESSES IN RED **VISUAL DESCRIPTIONS IN (PARENTHESES) **GOOD STATEMENTS/VIDEO BOLD 8:58:40 PLEASE BE SEATED. GOOD MORNING 8:58:50 omara: approach on a couple issues before the jury comes in... SURE (sidebar) 9:11:24 READ CASES BY DEFENSE.......... AND THE CASE PROVIDED BY THE STATE........ FIRST OF ALL IM GOING TO PROVIDE RULING TO ANIMATION, STATES OBJECTION IS SUSTAINED... CAN BE USED AS DEMONSTRATIVE.... FOR CONNOR, INFO FROM HIS PHONE.... COURT FINDS THAT SUBSECTION DOES NOT APPLY, STATES OBJECTION IS SUSTAINED..... I NEED TO ADVISE YOU ZIMMERMAN TO YOUR RIGHT.... RIGHT TO REMAIN SILENT, RIGHT TO TESTIFY IF YOU WANT TO, MAKE THAT ALONE BY YOU.... MAKE SURE YOU'RE HAVING CONVERSATIONS IF YOU WANT TO TESTIFY, JUST NEED TO KNOW YOU HAD THE DISCUSSIONS AND ASK YOU ABOUT THAT LATER.... 9:13:46 west: the text messages, 90.903 was not the only basis... it is relevant evidence, no hearsay objection that could trump the constitution when powerful evidence is offered... COURT MADE PRE-TRAIL RULING, THAT RULING STANDS AS DOES THE RULING TODAY...... 9:14:32 READY FOR JURY? yes. yes 9:14:42 BRING THE JURY IN.... 9:18:03 PLEASE BE SEATED.... WELCOME BACK, QUESTIONS: DISCUSSIONS ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS ABOUT CASE? NO HANDS RAISED. READ OR CREATE SOCIAL MEDIA? NO HANDS RAISED. USE ELECTRONIC DEVICE FOR RESEARCH? NO HANDS RAISED 9:18:58 JUROR E6 IF YOU NEED TO LEAVE THE COURT ROOM, JUST LET US KNOW AND WE'LL TAKE A RECESS....... CALL NEXT WITNESS... Dennis Root 9:19:31 (sworn in) 9:19:49 omara: good morning. name? dennis root. 9:19:59 occupation? self employed as a safety and law enforcement trainer, private investigator and expert witness 9:20:16 begin at beginning and tell us how you first got involved in law enforcement? in April 2011 I retired after 22 years of service, began in Riviera beach.... road patrol, offered opportunity to obtain instructor certification for defensive tactic.... subsequent training courses for pepper spray.... leading tactics 9:21:25 as you go through it, advise jury what you mean and science behind impact weapons? batons... side handle baton to expandable baton... metal or wood, geared toward those for striking and blocking 9:22:02 ways to actually use those weapons? impact weapon and all weapons basic operating certification... teach them laws surrounding use of the system, how to carry and present, and utilize.... striking or blocking, take down and things like that.... educate operator on target areas..... designed to educate operator on how to properly use for defensive and offensive needs 9:23:18 level of proficiency that allowed you to train others? yes... instructor and instructor trainer and an instructor level course... I teach the instructor of the instructors... master level trainer 9:23:55 initial law enforcement career beginning with Riviera beach? yes sir. what else? while there I became defensive tactics instructor, required state course...... also became instructor for pepper sprays, trainer's course to teach the basic course.... similar nature as you do with impact weapons 9:25:00 concept of force continuum? systematic approach to escalation and de-escalation of force options.... all events start with someone being present, evaluate each level... break down for the aggressor and the officer or aggressor and defender.... various levels of options available to the individual.... personal information like age height and weight, background and environment considerations.... if I were to do a you would be permitted to do b... structured system 9:26:38 information you learned as law enforcement officer and now teach? yes.... first topics they go over is the law.......... bat belt, gear wrapped around them... average person doesn't.... essence remains same, but availability of options changes 9:27:40 learned as rookie? training on force begins in police academy... high liability classes... key based building blocks that starts in police academy and never ends.... various weapon systems and communications.... all things officer can utilize in their career, maintain level of proficiency 9:28:32 continue with certifications? in Riviera I was on site traffic unit... teaching DUI as well, certified with DUI stops and things.... created training program on that.... how long were you with? 5 years 9:29:18 any other specialties or training focuses? while there I attended conferences geared toward defensive tactics.. fell in love with the topic, knew it was something I wanted to do for the rest of my career.... became an instructor for vascular strengths... choke holds..... ink pen knife defenses..... way to utilize pen in defensive measure if you can't transition to firearm 9:30:38 any other? no that's pretty much it there 9:30:50 have something marked if I might your honor..... resume or cv? yes. helpful to have it available to you? it could... it's my life so I'm pretty clear on it 9:31:28 move forward after Riviera? Jupiter police department, road patrol duties. how long? that was just under a yr... opportunity to take on lead role as defense tactics instructor 9:32:13 defensive tactics is how somebody would defend against someone else? it's fighting. fighting that reduces injury to yourself? yes..... utilize force it's in response to someone's action... some offensive techniques.... but normally wouldn't just approach someone and start a fight 9:33:06 always on 3-11 shift where it was busy... in Jupiter, seniority basis so I did midnights.... I have a condition that doesn't let my body change, couldn't adapt to midnight, told administration about it... extended me opportunity to move to 4-12 shift... a lot of strife in my career, more senior people ahead of me... better idea that other options were presented 9:34:11 short duration due to disciplinary? none whatsoever 9:34:25 went from Jupiter to where? martin county sheriff's office... juvenile boot camp... unique opportunity to work with kids. what did you do? started as drill instructor, because of background and experience... asked to take over training aspect of the program... given responsibility of sanctions unit, probations officers.... promoted to sergeant and ran that until road patrol and other opportunities in sheriff's office 9:35:46 any other certifications and training in law enforcement focus? opportunity to experience just about everything, training unit, criminal investigation, traffic, road patrol, canine unit, entire process was also ancillary instructor.... became instructor with Taser international... started teaching instructor courses for that..... use of force specialist. Or training standards... take experience of other deputies involved and turn into training opportunities..... dedicated most of my time to continuing my training and force related topics... tactical shot gun instructor..... took on responsibility on the local academy.... corrections and law enforcement tactics 9:37:57 teacher and mentor stepping down allowed for me to get lead position...... obtained 2 yr. degree in criminal justice, teach instructor level classes at colleges.... 9:38:30 use of force specialist.... continuum of force and how and when to use force? yes... my job was to develop use of force training.... defensive tactics.... 9:39:28 continued and went back for regional trainings.... annual certification courses...... NRA courses.... became state licensed firearms instructor... teach armed security courses........... communication..... how to communicate in a way that's not aggressive.... worked closely with lieutenant of programs 9:41:05 proper ways to handcuffed people? yes.... handcuffing someone is putting restraints, too tight can cause injury..... good side is the one that moves, use bad side to make contact can cause injury.... 9:41:46 use opportunities or situations as training exercises....? not just when they do something wrong, but also correctly..... I get handed paperwork, here's what happened... speak with officer and supervisors, if something wrong, reeducate them, but also use opportunity to remind others how to do it.... unique situation for officers... look at face value and create training scenario to put others through controlled event 9:43:00 continued your experience.... continually focus on those events and you became go-to person for those? the agency, state attorney's office, I was the person that I was given opportunity to provide and review..... taught at or been with other training programs.... developing policy for first time I would get phone calls on how their policy should be written.... person that others came to, testified to grand juries... 9:44:28 other certifications through time with martin county? I try to find instructors course for everything... if you can teach it you can form it better... canine handler, became canine team instructor..... knife guns, batons.... weapon system I had opportunity to provide training with it.... impact, Taser... I became instructor... 4 courses I created and teach myself 9:45:56 aside from that, any training or expertise in general fighting.... not law enforcement but still assist you? I started martial arts training when I was 13, became semi pro kick boxer, super fight in Orlando... physical conduct, 2 older brothers and I was beat up.. bring that personal experience.... martial arts, kick boxing... training with Chris Anderson and rico, train with them and learn from them... continued on. involved in martial arts organization, privilege in developing firearms related to martial arts... samurais are accurate but toward end they were using firearms.... dennis Richie runs an organization to bring through all of those.... 9:48:03 ever take opportunity to score with your brothers? I did, I lost... through our transitions and schooling he realized it was better to leave me alone.... he knew better 9:48:32 with martin county, completed with them? yes, retired in April 2011 9:48:43 last few years with martin county, focus on assisting the county on dealing with forced events? even after retiring, opportunity to continue training with agency... started my training company, law enforcement and civilian training 9:49:34 did that include opportunities for use of force events? have had our fair share... at tenure, approached by state to give opinion in grand jury.... brought in by our agency to meet with attorneys group for evaluation of use of force to determine whether I considered it reasonable or not 9:50:53 experience with presentation to grand juries, what would you do? given all of the evidence, written reports, any cds photos videos, all the evidence........ job is to evaluate from every perspective possible.... be given all the evidence, formulate opinions to how I thought it went.... to be reasonable or not.... state ask for my opinion and I would provide based on my background experience 9:52:29 how many occasions to present testimony? 6 different times...... 9:52:42 exhibit RR and identify that? that's my CV 9:53:04 DEFENSE EXHIBIT RR WILL COME IN AS 24.... 9:53:14 regarding testimonies with grand jury, we had discussion to what you will testify today? yes 9:53:28 how you and I first got together, witness in this case? I reached out to Mr. omara when I saw the case unfolding like others in the media... had unique interest in it.... didn't know what happened, reach out to him cause I thought I had a unique perspective to come to realistic conclusion on things... render my background experience to see if it help.... 9:54:17 my experience has been reaching out to defense attorney as a former police officer... plenty of experts available... reached out to him because if I reviewed the material and couldn't offer opinion I wouldn't hinder, but if I could be of assistance I knew I could.... 9:55:07 began working together on this case? yes 9:55:12 what you would want available to you and what you got? I request everything that I can... look at it from as many perspectives as possible... their upbringing, background, lifestyle.... as much info as possible, photos and witness statements... so I can see a complete picture, not one guided from one to another.... experts job is to look at everything 9:56:17 in this case, what did you request and what was given? everything I requested was provided.... 911 calls, reports from law enforcement, ME office... anything written down to get insight from witnesses that provided statements but also the investigators.... sometimes you can think of a question and you didn't know it but another investigator asked... crime scene photos there, everything I requested I can't think of anything I wasn't provided 9:57:32 witness statements produced from law enforcement? yes. deposition transcripts? if available, yes 9:57:54 receive police file? to the best of my knowledge I've gotten everything.. don't know what you don't know, but I believe I got everything 9:58:16 autopsies concerning injuries? yes. pictures of martin and Zimmerman? yes 9:58:28 opportunity to review any of the scene mock ups or drawings? only scene drawings I saw were from investigators.... no state mock up 9:59:20 opportunity to review video, audio and written statements from Zimmerman? yes I did 9:59:34 did you get entirety of information you requested? as far as I know... anything we said we didn't want you to have? no...... 10:00:09 TV interview... either not seen it, when guy asked me about it... since then I have viewed it... Hannity interview? yes. jury has reviewed that.... 10:00:41 enough information in this case to review the info and focus opinion regarding events? yes. 10:00:57 in the overall scheme of cases, is this less than you normally review, average? this is average for significance of this issue... a lot of material but on average you're going to get a lot of data 10:01:29 narrow their focus to their area of expertise.... lay foundation for jury, what filter to focus the info that's relevant for you and your opinion? background training or experience.... totality of circumstances known today... my training company is mainly individual training, I take all of that experience and use that to filter information, plus 20 years of law enforcement 10:02:47 done in this case? absolutely 10:02:53 what information available to you assisted...... focus based upon the event surround the intersection of Zimmerman and martin? primary focus area 10:03:14 altercation and the shooting? correct 10:03:22 walk jury through what information you looked at and then found relevant to assist you? first thing I utilized is the initial calls that come in... establish timeline for events.... helps to understand issue.... what some may see or hear doesn't mean they didn't see or hear... different perspectives....... initial witnesses with key witnesses..... 10:04:28 in depositions and prior conversations the identity of witnesses was confidential..... that restriction is relaxed, names are available.... identify them by name? I reviewed all of them, from lauer, good, bahadors.... I listened to every audio recording from the 911 calls that came in as well as witnesses.. compare to where on timeline it would fall... 10:05:55 attention called to event because of screaming, certain things already took place because of the screaming... filter in the situation witnesses who stepped out and interacted............. 10:06:35 as to the witnesses you viewed.... your training and experience, how do you view witness statements and whether or not you can guarantee accuracy or not? very fluid... based on perspective... movie fanatic, vantage point... showed one single event from 8 different perspectives... that's the reality, begin to listen to statements made..... initial interviews, usually getting the most raw information, most immediate access, no other stimuli... separate witnesses.... you may sway to my perception... those are usually most raw, not always complete, but essential elements... deep in their mind 10:08:42 if they have subsequent interview, see things change a little bit... remember perspective..... hot pot theory... if I took pot and placed in freezer, ice cold and cold on your stove... if I asked you to pick up the pot and move it, feel that temperature your letting go... some will test it.... brain took into account what they perceive what's a pot... still believe it's hot because of surroundings...... put into their shoes, merge their perspective with the perspective of another coupled with physical evidence 10:10:46 run into situation with conflicting statements, understandable or deceit? conflicting statements are normal, also normal from people involved in the event... high stress event.......... some people want to live in bubble, don't want to accept certain things happened.... look at essence.... slight deviation, look at context in its presentation.... based on perspective, always going to have those variances 10:12:33 surdyka's event...... Objection! Improper! ILL LISTEN TO NEXT QUESTION.... thought she heard 3 shots? yes. cause for concern? Object! Commenting on Another Witness.... APPROACH (sidebar) 10:15:30 review of surdyka's statement, pop pop pop.... concern or fit into different perspectives? it didn't raise concern.... someone talking about multiple sounds in enclosed areas or not wide open... not uncommon it sounds like many... bouncing off buildings or alcoves..... perceptual deceptions... use law enforcement experiences... second guess themselves... it alters manner they are receiving... natural human response.... people will experience memory issue... how they perceive it... make the best sense of it 10:17:16 how you filtered in to the event that was the focus, the altercation? lauers 911 call and most information in the event, coupled with photos on injuries... those statements, calls, and injuries.... match things up bring into perspective does this lead to this.... someone involved in physical altercation..... if I heard one of the other statements that coincided... lady interview indicated she saw flailing arms, coincide with what was seen by good. Objection! omara: ill move him on 10:19:18 explain to jury... what elements in this event were of relevance to you, environmental, size.....? focus into perception... environment lightning conditions, injuries sustained by Zimmerman.... look at dynamic event from a-z... if it continued and you had unrelenting attack.... my interpretation is taking into account, forming beginnings... consider individual on their back, striking, throwing blows... pushing... driving the person down, what the perception might be at that time... if I was in those shoes at that time, efforts to gain assistance... what would be their response 10:21:19 what information did you have from discovery as to environmental status? lighting was poor, wet.... dark behind buildings, isolated... wet conditions rain ground water slippery, isolation of individuals in the dark....... 10:22:17 utilized Zimmerman's statements that he was struck first as you moved forward? yes.... that's what I used he was struck first, yes 10:22:33 any other evidence in that regard? as far as striking taking place... Objection! Improper! SUSTAINED. REPHRASE 10:22:57 look at any photos of Zimmerman to assist in making opinion that he was struck? without question... when reviewing photos of Zimmerman, consistent with information provided 10:23:22 also look at location where exhibits were found near the T intersection? yes.... small flash light found near the T intersection..... Zimmerman's keychain and flashlight? yes. assist in determining where or support where altercation began? Same Objection! omara: it's his opinion... guy: asking if it supports. omara: I'll ask a different way 10:24:15 assist you in determining where the altercation took place? of course, look a totality of combat event... something caused him to drop that item in that location 10:24:39 did you have an opportunity to view the composite showing the sidewalk going down the center? yes. pictures in that regard as well? yes 10:25:00 pictures regarding injuries to his head? I did. assist in forming your opinion on how those injuries were inflicted? absolutely... consistent with a physical fist fight.... not an actual weapon used... based on my training, consistent with fist fight 10:25:38 consistent with head being struck by anything other than fist? Object! SUSTAIN 10:25:58 looking pathway and the bodies, did that assist you in determining where the altercation ended? yes. very clear. where? ended up in the grass... from concrete to grass, outside good's townhome 10:26:26 in y our consideration of use of force event, consider relative size and physical abilities of 2 individuals? absolutely.... look at force continuum... individual factors, age size, gender.... special circumstances............ 10:27:25 did you have information made available about Zimmerman? yes. what information you reviewed to assist you in that analysis? spoke directly with Zimmerman once and I spoke with his gym owner, inquiring as to his background training and experience was.... if I was dealing with chuck Norris I would expect different response than dealing with Peewee Herman.... 10:28:29 I presume the two of you can speak the same language in kick boxing training? yes.... what information from him about Zimmerman's ability? didn't have any... described as being a very nice person but not the fighter.... 10:29:07 we deal with warrior mind set, dedicated to very end... dedicate life, ability, and training... some are natural born athletes.... interactions with Pollock indicated Zimmerman's training was limited to that gym, physical ability... class of convenience, never working a heavy bag... grappling he went from bag to partner... grappling you can tap out... boxing you get punched and injured, he didn't have physical ability to box another person.. shadow boxing and heavy bag were best for him 10:30:45 anything further you became aware of? no sir just what the gym owner provided me with 10:31:08 focus on martins physical size and that was relevant? telling about an individual than age.... nothing indicated that martin wasn't physically capable.. looked at size and weight, comparable... overall good physical health, physically fit... compared to Zimmerman who was losing weight, not to be physically fit.... in reviewing documents provided, photos can't tell you everything... read in discovery that fire paramedic estimated martin to be 20s.... I interpret photograph, I'm not standing next to him... use that as reference 10:32:56 what are your thoughts on comparison between the two in their physical abilities? martin was active and capable... Zimmerman is individual by no stretch an athlete... find himself lacking when compared to martin 10:34:08 length of altercation? of course I did... any combat event, if you have not won in 30 seconds, change tactics..... not able to win in first 30 seconds, change tactics... you only have so much gas in the tank, can only do something you have experience... not that you lost.. just change tactics, can't succeed in 30 seconds you are diminishing on return physically 10:35:27 given period of time on 911 call... about 40 seconds of time... long time for physical altercation... plays into decision making of anyone involved 10:35:52 did event of someone screaming, impact at all in you how you perceived the altercation? the shrieks for help indicated high level or stress and fear... 10:36:18 the length of them? it lasted forever.... as taser weapon instructor 5 seconds to our personnel... at the end of the 5 seconds the one who endured it will tell us we held it for longer... 40 seconds is eternity when involved in physical contact 10:37:12 discharged firearm? yes 10:37:17 look at discharge or event, context of what you have done with officer involved shooting... something you focus on that leads up to discharge or firearm? yes 10:37:41 what leads up to it.... was discharge of firearm itself instructive at all to you? based on information I reviewed.... 10:38:13 understanding he shot it once? yes. 10:38:21 unusual to stop at 1 or in your experience, matters with others you've looked at? Object! Improper, Relevance. SUSTAIN 10:39:00 discharge of firearm, evidence he acted in ill will, spite or hatred? Objection! PLEASE APPROACH (sidebar) 10:41:22 whether or not the firing of single shot evidenced ill will or hatred.... 10:41:43 looking at the fact the gun was fired at close range.... how far away the gun was? yes. what is that? it was within 6 inches 10:42:07 as premise, it was close range and shot once... evidence to you ill will, spite or hatred? no 10:42:31 in your background and training and experience of people involved in shootings, how are law enforcement shootings handled as far as interview? with law enforcement... Objection! Relevance! TO PUT INTO CONTEXT, LEEWAY 10:43:09 majority of your experience and training is because of your law enforcement background deal with law enforcement events? yes. handle non law enforcement? yes. majority are law enforcement? yes 10:43:48 realizing that and using broad base with shootings... concerns that exist with interviewing person being involved? memory issues... primary concern is people involved in high stress event, critical stress amnesia.... 10:44:39 interviewing those people? how accurate the information is going to be, have they compartmentalized the event and accept what's taken place.... always the problem that if I was involved in shooting and gave statement an hour later... memory is evolving... have varied statement, slight changes if too much is given to a change... may take me some time of what took place 10:45:45 procedures in place to safe guard against concerns? Object! Relevance.. omara: ill rephrase it 10:46:04 are there policies or best practices as to delay period or time concerns? any kind of delay..... general practice in anything made 10:46:47 waiting periods for in depth interview? training regimens, teach classes on force.. talk to them about use of deadly force, always explain remember you won't remember everything, could take you up to 72 hours... always caution law enforcement.... don't want anyone to misinterpret statements 10:47:35 does that give to the state? Yes. Objection! 10:47:53 assisting departments you've assisted, as law enforcement or expert witness.... do you have opinion concerning whether a delay to occur results in more accurate statements? get a better statement from someone 10:48:31 omara: good time for morning break? THEY'RE GOOD... omara: still ask for a minute if I might? YES 10:49:24 another area I didn't go into... your firearms training... fairly well trained in all areas of weapon systems? yes sir.. teach others? yes. individual trainings for basic hand guns.............. 10:50:01 identify gun in this case? yes. Caltech 9? yes 10:50:08 based on your training, appropriateness for self-defense or lack of? any firearms... for self-protection any firearm is good with the right training 10:50:52 focus on the safety, working knowledge of gun without seeing it? yes.... 10:51:03 weapon that doesn't have external hammer? correct. no external safeties? correct. safe weapon to carry? of course. what safety? person holding it.... only way firearm will discharge is it you squeeze trigger all the way to the rear..... various products available with external safeties... downside to that for personal safety, under high stress events your brains not going to remember to flip the safety before utilizing the firearm.... having those external safeties actually create a problem, double action only.. no hammer to come back and go forward.. have to intentionally put hand on trigger.... has hammer block, have to hold trigger all the way to rear.... firearm is safe as the person holding it.... it can be safe weapon, variety that are manufactured.......... Caltech pf9 has a 5 lb. trigger, good standard.... 10:53:33 testimony of 4 1/4 lb. good range? yes.... how they're achieving their numbers is beyond my scope 10:53:59 internal holster for concealed weapon, unsafe to carry weapon? concealed weapons permit it to keep it concealed.... outside belt line, shirt or jacket has to cover... in pant holster.... slide into the pant line, makes it easier to conceal so you don't have to have a jacket, have a pull over shirt... preference issue 10:54:53 in your firearm training, is it safe or unsafe to have a round chamber should or shouldn't? debates.... having a round in chamber means you can discharge immediately... if not in high stress you have to remember to feed into the chamber... under threat no time to work it, not the memory to load into chamber... carrying with magazine full and one in chamber is the best way to carry a firearm.... the weapon is not loaded if you pull the trigger and not happens....... carrying without a round in the chamber, why carry it 10:56:49 appropriate to put additional bullet into the magazine for a full magazine? carrying a firearm and it will hold 7 rounds in magazine and 1 in chamber... load the chamber and make sure the magazine is fully loaded... designed to carry 10:57:21 bullets, experience with those? experience with ammunition, not ballistics expert 10:57:35 is that appropriate to utilize? yes. 10:57:43 look at round nose bullet, good chance it won't mushroom.... when it impacts it widens out.. stops inside the soft tissue... hollow point, when it hits it helps it widen out, less likely to exit.... deal with one person and now worrying about the background 10:58:46 in a strange way, hollow point bullet, cause injury to first person... less likely to cause injury behind initial target? yes less likely to impact the second person... nothing further CROSS 10:59:26 guy: opinion is because the discharge was once it's not ill will spite or evil? correct 10:59:39 opportunity to listen to non-emergency call? yes. refer to the person as an asshole? yes. as a fucking punk? yes I did 11:00:02 realize that defendant didn't know martin? I do know that, yes 11:00:11 terms fucking punk and asshole to a stranger don't evidence ill will? too much weight... reference in that statement was addressing his frustrations from previous calls where the individual got away..... doesn't mean they mean ill will 11:00:48 target of frustration was martin? I would say the comment in my opinion, frustration voiced by numerous calls... wow these fellows always get away... I don't know his general speech pattern, not ill will 11:01:18 conversation with defendant? I did. did he call you a fucking punk? no. an asshole? no. use those terms at all? I don't recall if asked about that... no in his conversation with that? I don't recall if it came up about that tape 11:01:53 did I understand you to say, responsibility of firearm is the user? sure. irresponsible user is really dangerous? sure 11:02:16 connection with this case, you reached out to defense? correct. tell the jury when you started your consulting company, what you do now? I started consulting work 2011 2012... in 2013 I started the firm.... 11:02:58 earlier this year? yes. 11:03:02 when you contacted the defense, this case was getting national if not worldwide attention? of course... there would be live coverage if you testified? yes. assuming those are working, you're on live TV? yes. and the name of your company? yes. good for your company? I see where you're going, it's good for my company but not the same options as approaching the state in the same way 11:03:51 anybody who's seen anything in the case, it's getting media coverage... done hw on me, I'm dedicated to finding truth and supporting it... approached omara because I knew the state would have access to someone like me with no issue, not the defense..... say I found I wouldn't be supportive, I couldn't be of assistance to the defense... if I reached out to defense and found I can't be of assistance to you, haven't hindered the case in any way...... because I gain media coverage, not my fault... those cameras are here, not my fault 11:05:05 advertised you were witness? yes. tweeted? no. how? attorneys knew about it, I texted my friends to tell them id be testified today. haven't been paid yet? correct. will get paid or you won't? correct.... I've done some things for free, some for $20 an hour and some $175 an hour 11:05:57 invoice sheet or the way you bill clients? yes. $1500 initially and $125 an hour after that? yes 11:06:12 if I'm hired in as expert... $1500 deposit, my hourly rate is $125 an hour... case prep and review... deposition or testimony $175 hr., includes travel and wait time. never testified before a jury before? excluding juries, yes as an expert 11:07:00 testified against police officers, right? have been presented cases that I found the officer was wrong... yes sir. and testified to that? yes 11:07:21 never testified in case like this where one person shoots someone and is claiming self-defense? no first time... never been involved in police shooting? no I've never had to shoot someone.. never had to discharge in line of duty... or use deadly force? explain that... I've caused injuries...not just about causing death. but never caused someone's death? no sir 11:08:24 first time you got info in this case was April this year? yes 11:08:33 one of the things you did was you interviewed defendant? yes. firsthand account of what he remembers? yes. as a person charged with murder would have motive to fit facts his way? sure... don't lie to get yourself into trouble 11:09:08 listen to 911 calls... heard him describe martin as real suspicious? yes. and up to no good? yes... something in his hands? indicated he might have something.... 11:09:42 didn't ask defendant after making observations if he was concerned when he got out of his car.... did you ask him that? no 11:10:05 recall in that phone call he told dispatcher he went to other side of T to get a street address? I don't recall... watch the walk through? yes. tell them that? yes 11:10:35 never told the dispatcher? no just let it rest at call me and I'll meet them 11:10:50 understanding of length of time? not that great period of time... timeline important to you? absolutely, Zimmerman's statements only account to small portion to weight in the case.... just like gentleman said cant base on self-serving statements.... whether its 15-30 seconds or a minute... everyone's perception of time is different 11:11:46 only person you interviewed with firsthand information was the defendant? yes... only person I spoke to outside of Pollock 11:12:10 listened to other statements? yes. and written? yes. nobody other than defendant had first had account from first to finish? only one person there that's still with us 11:12:32 2 minutes between hanging up with dispatcher and martins phone hanging up? Objection! Mischaracterization. REPHRASE 11:12:57 when the call ended.... see that? I believe... I don't.... phone records from martins phone, I think I saw them but I don't know that I saw that variable 11:13:19 provided martins cell phone records? records there, but the cell phone itself I didn't see the weight it had when evaluating force event 11:13:43 testimony of Rachel jeantel, on phone with martin? Omara: don't know he will know her by that name 11:14:09 hear her say the phone went dead right after she heard a bump? yes sir 11:14:20 create your timeline... put together it was 2 minutes from the time the defendant hung up and the phone went dead? a lot of questions that timeline creates.... when the dispatchers phone went, can't comment on accuracy of times.... things that jeantel said that don't seem to line up..... other variables would have a different outcome 11:15:13 asking you if you took note of the 2 minute gap? I did not give that weight, no sir 11:15:26 in conversation he described the event? yes sir.... didn't have him mark on diagram where the confrontation began? no sir 11:15:44 didn't have him mark how it progressed and where it ended? no drawings or mark 11:16:01 didn't explain from what direction he approached him? that would've been my failure not to ask that 11:16:24 I got impression he was approached from the front... pretty clear 11:16:36 didn't ask defendant what hand martin used to punch him? no sir 11:16:45 didn't ask him how long it was and the time he went to the ground? I didn't ask for specific times, when I interview someone for force event.... period of time that took place, fluid... movement, evolving.. their concept of time becomes less relevant 11:17:21 but the timeline is important to you? overall timeline, yes sir 11:17:32 didn't say how they transitioned? no 11:17:42 doesn't speak to you of level of confrontation? a lot that spoke to me about witnesses in this case, how did you get from here to here... evolution of event comes down to physical altercation, where they transitioned... involved in person to person conflict, transitioning from different spots didn't try to narrow down on time 11:18:36 didn't ask him what happened in between? didn't ask specifically... whether rolling over there or fighting standing? I wouldn't presume rolling, I wouldn't inquire about that 11:19:09 took into account the defendants key light? yes. didn't ask about his losing personal property? that I don't recall... I don't think I did... don't recall specifically 11:19:37 didn't ask him if he lost his keys or that flashlight? I didn't ask him how he lost his keys...... I don't know what you're asking me 11:19:57 photo of losing items? yes.... ask him how he lost this? no sir 11:20:09 impact weapon? may I hold it... anything can be an impact weapon.... sure, yes you could use this to strike somebody 11:20:30 that would be one? could certainly be used in that form or fashion 11:20:40 repeatedly slammed into concrete? his words were his head was slammed into concrete. didn't ask how many? no, go back to perceptions and distortions 11:21:04 didn't ask how, grabbed head ears or jacket? no, not specifically... generalized statements because he doesn't account for overall weight of my opinions.... his perception was the downward blows, head into concrete..... 11:21:48 his video? no the one you mentioned about Hannity...... each of these things may not account for everything, it's the totality... clear his head was in contact with concrete, blow to the front cause hit to concrete, sure..... if not always striking, but pushing... arise as he pushed back could result in concrete.... looking at it, variety of ways it could've impacted.... clear his head was struck and made contact with hard surface... 11:23:07 review medical record where the laceration was 2 cm? yes, not large.... less than an inch? not good with that.... I'd say yes 11:23:32 remember for the other one? 1/2 a cm? yes sir 11:23:43 whether blood got into nose or mouth? didn't need to, fresh in photo.... 11:24:00 didn't ask defendant if he tried to cover his face? no just what took place... if he tried to strike martin? didn't spend a lot of time asking him questions like that.... never said anything about what he was doing with his hands? no sir I don't recall anything 11:24:40 vantage point.... person with best vantage point would've been defendant? of course, there from entire thing and active participant... if martin lived his vantage point was important too? sure absolutely 11:25:17 defendant told you, martin was straddling him? yes. understood that from context of conversation that he was over his belly button? waste area.... over belly button? during conversation with deposition I believe we discussed it could be on the waste around belly button area or over the thigh area.... refresh yourself with transcript? sure 11:26:13 omara: Object to impeachment! HE'S REVIEWING IT....DATE AND TIME OF DEPOSITION.... 11:26:47 a week ago Saturday? yes... page 53, lines 10-16..... 11:26:59 review highlighted portion, refresh your memory as to where martin was specifically straddling the defendant..... 11:27:23 where was it? area of his belly button.... not directly on it... 11:27:32 by area you mean here? I Object that he needs to read entire....... 11:27:45 if that's where your navel is.... not on his belly button 11:27:56 recognize this as being human type figure? yes.... actually has belly button? yes... anatomically correct? appears 11:28:15 (guy mounts figure) is this the way he described it? well you have his knees high on his waste...... did you have defendant do this? no.... if mannequin carrying firearm where would gun be? your left inner thigh 11:29:00 aware he described to best friend.... martin was up around his armpits? no I've not heard that... where would gun be now? behind your left leg 11:29:40 defendant told you as well.... slid down further? yes did indicate he was sliding down and the jacket came up exposing firearm 11:30:16 moment? YES 11:30:27 didn't ask defendant how he got firearm? no sir, he explained he reached down and grabbed it... also said martin was in area of his belly button? right at one point, it's all fluid 11:30:51 in area of belly button and slid down? in dynamic event, not just one person doing movement 11:31:18 did defendant tell you martin slid down? no sir 11:31:29 asked if you review medical examiners report? yes. 90 degrees? yes and front to back 11:31:51 consistent with martin getting off and Zimmerman firing it? could be consistent with any movement.... you weren't there I wasn't there, information we have is... from defendant? right 11:32:31 time shot was fired, information is culmination of everything..... only person to provide insight was Zimmerman 11:32:48 in waist area, if martin were backing up and Zimmerman raised arm? you're at least 45 degrees.... if martin backing up, shot him at 90 degree angle? if martin is backing up and Zimmerman is laying on back, going straight up... could he shoot at 90 degree angle? I'm getting really lost 11:33:56 my interpretation was 90 degrees front and back, my interpretation was front to back level entry not angle entry... as transitioning, you coming back and this coming back we maintain that.... manner you're demonstrating right there... I don't know how it's 90 degrees 11:34:40 you're more vertical upright.... no way to go straight in 11:34:58 if the defendant started to sit up and the martin was getting up, couldn't say 90 degree angle? if the bodies become aligned,..... in order to maintain entry, maintain relativity to the persons... if I'm laying back and you're more forward, if were both coming up.. if getting up together, no way to say they're not maintaining that degree 11:35:51 contact wound with clothing? yes the clothing, not his chest? correct. consistent with martin leaning over? yes sir 11:36:20 asked/spoke about the lighting? yes. went to the scene for purpose of getting idea of lighting? yes. didn't get idea of lighting? no I failed to take into account the change of seasons. when was that? can't remember the exact date... in July? no. June? maybe early June... I don't remember 11:37:11 went to scene to get lighting and the sun had not gone down? correct. didn't wait? no. didn't go back? no 11:37:41 defendant told you martin reached across his body to try to get the gun? he mentioned that. but never told you he touched the gun? perceived he was moving toward the gun 11:38:06 told his best friend martin grabbed it? it's possible... wouldn't affect whether reaching or grabbing.... mark osterman review his statements? I reviewed statements, but focused on witness accounts... look at event and not hearsay... dealing with man demand, egos don't enter in...... 11:39:03 statements I focused in on were events that took place there, not what other said... focus was on defendant who could tell you from start to finish? no, totality.... look at totality of event, I reviewed everything from everyone who could provide, only person we could retain info from of what unfolded is Zimmerman 11:39:54 conversation with defendant important? of course. his conversations with others important? always comes back to fishing story... human mind likes to fill in blanks.... see something and don't understand it creative side will fill it in... if you wait too long, now they have outside influences.... 11:40:49 use of force continuum? yes. systematic approach to force... take into consideration.... if x happens, respond with y... give objectively reasonability 11:41:23 de-escalation if he was backing up? sure, if disengaging 11:41:45 mention force continuum, options? yes. someone in defendants position had other options? disagree.... the moment that perception became deadly force, only option justifiable would be that, the application of that force.... come up with 1000 things that may have been able to be done.... reality 11:42:36 don't know what was in his head? based on information I reviewed and heard... in my opinion most of the info meshes together... draw my opinion and come to conclusion based on that perception, I know generalized outcome 11:43:12 911 call with screams? yes... George screaming? not telling jury anything other than I just told you... I wasn't there, can't tell you that... based on goods statements he believed the screams for help were coming from bottom... Zimmerman then, but if you're on top and trying to disengage and no indication from you that you need help... why was there no acknowledgment from person behind them, take all components and come to conclusion 11:44:29 if aware of gun, expect them to scream for help? 11:44:46 if I was martin in that situation and take to physical evidence... aggressor and I see you have a gun, first instinct is to go for weapon that will continue my aggression 11:45:12 unusual for person to yell for help once they see a firearm? would it be unusual for a person in a combat situation to see a gun and scream for help, is that the question...... 11:45:43 if a person sees a firearm, unusual for them to yell for help? if pointed at them, absolutely not... looking down barrel, in fear of your life 11:46:07 are other options Zimmerman could've used? based on my understanding of his physical skills... he wasn't trained.... I have one on one control tactics... a lot of options available for me, but no training then limited in options.... always options in every force event, but matter of what you see as an option 11:47:01 defendant didn't use any options? he did scream for help, tried to continue to resist... shrimping technique... don't know what else he could've done 11:47:31 wasn't just lying there getting hit? struggling to create some kind of gap or distance 11:47:48 verbal component to use of force? absolutely. like telling someone who you are? escalate or deescalate an issue... presence..... verbal resistance..... civilian realm can be screaming for help telling them no stop don't... verbal component 11:48:41 also could like telling them who I am, I'm a watch person? absolutely. and your purpose, I'm a watch person and I'd like to know what you're doing? yes... always a good idea to introduce yourself 11:49:06 do that before using force? asking me what I would do, in same situation I would've done things differently..... going off 911 calls and.... reported other times, interaction component... responsible to say crime watch person, fine if it comes to mind... but takes training, if I'm surprised by someone than not the first thing you think of 11:50:15 talked to Pollock? yes. didn't ask how long he was taking those classes? no. not getting that was a failure on your part? yes... doesn't change the outcome... 3 years boxing and can't get into ring, irrelevant..................... 11:51:07 defendants not neutral? take it with a grain of salt... minimal weight to Zimmerman and find information from other sources.... gives me more possibility of giving the truth... didn't ask for how long? no. how long each class was? generally speaking, looking at 1.5 hours to 2 hours..... didn't ask because general guidance 11:52:10 talked about martins physical ability? would love to have known totally about it... physically active? my understanding... because he played football in middle school? like I said.... info in media omara: approach YES (sidebar) 11:54:04 testified on direct he played football in middle school?. yes. his height and weight from autopsy report? yes 11:54:38 moment? YES YOU MAY 11:54:45 asked questions about basic certifications for weapons? yes... course for that? yes sir.... licensed to carry conceal firearm? no law about it... advised to do that? not over the phone, whenever you interact, traffic stop to that affect... make sure hands are visible and you are carrying a firearm 11:55:43 defendant did not advise dispatcher he had gun? no 11:55:54 taught law of self-defense in criminal courses? yes 11:56:14 I know how I relate the information, can't speak to how others do 11:56:29 your opinion that a weapon was not used on the defendant? yes... I didn't see any indication that a weapon was used on him. weapon used on martin? of course he was shot, yes sir 11:57:03 moment? YES 11:57:36 listening to non-emergency calls with defendant, he was following? he said trailing which is following 11:57:51 if noffke asked him if he was following? yes.. he said we don't need you to do that 11:58:03 read defendants written statement? I'm sure I would have... 4 pages hand written? I am confident I did, but can't recall what he wrote 11:58:30 recall the term the defendant used to refer to martin in that written statement? I don't recall... suspect? ok 11:58:59 police term? sure, also a crime prevention term... use the same verbiage..... civilian or individual... suspect is the bad guy REDIRECT 11:59:29 omara: concrete as weapon? if you hit with my head, yes 11:59:37 took your head and smashed it.... may I use your doll..... 11:59:51 Zimmerman, martin..... consistent with this on cement? I don't think so... how about someone resisting the event? I believe so... culmination of downward force, pushing or striking... clearly injuries to his face, striking hard to concrete (smashing the doll into ground) 12:00:32 somebody getting head struck would resist it from happening? normal instinct... happen the first time or every time? every time you drive a strike or push downward, body goes until its stopped.... punctate bruising? swelling all around, not just facial 12:01:28 consistent with pushing to the side like this? could be that or punches as well 12:01:42 on the other side, consistent with left side of Zimmerman? could be.... if Zimmerman not just lying there, trying to defend himself... as he's turning his head/body will realign.... strike to a side or front... ongoing combat 12:02:19 stay focused on angle of entry... straight in? correct.... if something like this, martin backing away? correct 12:02:41 it's a possibility? absolutely it's a possibility... unreasonable doubt? no.... happen right there while coming back over from final strike? all a possibility 12:03:12 Zimmerman able to get gun off right side hip? yes. somehow he got to that? correct.,.... weight to how guy said it happened? not a lot... became aware of firearm and reached for it..... how it got into the hand is mute.... 12:03:51 not clear on how they got into position, just know they did it... point remains, gun in hand and he discharged... in contact with billowing clothing? correct 12:04:17 moving with the iced tea in his hoody..... at some point leaning too far back, tea moving in same motion... at one point I can't say 12:04:48 at some point martin was up here, possible? no question it's possible... sliding down, I don't expect martin to match move for move 12:05:10 possible he was here? sure.... even this far down? it's possible.... just over the thighs, where is the hip holster? right there 12:05:34 available at this point? yes sir. how about up here? yes sir... my tie pointing to what? his belly button 12:05:54 how much thrashing or movement was happening? a lot 12:06:03 evidenced by the contusions and abrasions? yes sir and the contact of wet spots on the clothing 12:06:22 weapons available..... consider this to be a weapon? yes. could be a weapon? yes sir... most anything you want to be a weapon? yes sir.... 12:06:48 fist can be a weapon? most definitely 12:06:55 evidence of fist and concrete injuries? yes 12:07:06 any evidence of any injury of martin consistent with him being hit by this? nothing to that effect. martin being hit by anything? I didn't note any injuries on martin 12:07:33 how do you explain that fact to this jury.... couldn't even get a strike in? Objection! Speculation! OVERRULE 12:08:11 explain to jury.... Zimmerman screaming, not able to get a blow in... how that happened? if we were saying he's the individual screaming, with martin on top of him.... martin was the aggressor and he was physically incapable of responding... wanting someone to help him... maybe hands were busy, not there I can't say... aggressor in fight and not hurt somebody.... absence of injuries, he wasn't throwing strikes 12:09:17 unusual for someone to be completely dominated by someone more capable? not unusual... clear during conversation he becomes concerned... didn't get out to confront him at that point.... Zimmerman is not the I'm in your face confrontational person.... running and now following... it's because there's no threat, he took off running.... concern how his safety, hear in his voice.... interact with him and not face to face... talking to dispatcher.... doesn't have a problem telling you someone else was a jerk, but not telling you you're a jerk 12:11:02 WE HAVE PLANS FOR JURY TO GO OUT FOR LUNCH.... TAKE AN EXTRA LONG LUNCH TIME.... GOOD BREAK TIME? it is 12:11:20 NOT TO DISCUSS THE CASE WITH ANYBODY ELSE, NOT TO READ OR LISTEN TO REPORTS, NOT TO USE ELECTRONIC DEVICE FOR INDEPENDENT RESEARCH, NO SOCIAL MEDIA. ASSURANCES? yes. PUT NOTEPADS DOWN, ENJOY LUNCH, BACK AT 1:45 12:12:20 PLEASE BE SEATED.. MR ROOT, FREE TO GO ABOUT, DO NOT TALK TO ANYONE ABOUT TESTIMONY... SEE YOU BACK AT 1:45... ANYTHING TO TAKE UP BEFORE LUNCH? no. omara: stipulation for entry, when we get back? THAT WILL WORK 12:12:52 COURT IN RECESS ========================== 13:45:10 PLEASE BE SEATED.... OMARA, TAKE MOMENT TO... yes.... 13:45:26 moving into evidence, affidavit and custodial records from sanford PD taking out the summary..... my summary, but not an official record.... COME IN WITHOUT OBJECTION? correct. AS DEFENSE EXHIBIT 25... guy: wait until rionda gets back, I think it's okay, but....HERE HE IS 13:46:33 omara: putting into evidence the exhibits we talked about, took off the summary..... omara: no objection to that. DEFENSE EXHIBIT 25.... NEXT ONE? 13:46:57 omara: next is letter documenting my client's concealed weapon permit. COME IN AS DEFENSE 26. 13:47:17 the cd and event report documenting the 6 of 6 calls my client played in the last months COME IN AS DEFENSE 27 13:47:46 layout no objection? DEFENSE 28.... 13:48:23 LOOK THROUGH AND MAKE SURE YOU HAVE IT ALL. yeah we did... this witness we'll finish and 2 short witnesses 13:48:41 ZIMMERMAN, I SPOKE WITH YOU ABOUT YOU TESTIFYING.. JURY CANT CONSIDER THAT IN THEIR DELIBERATIONS. OPPORTUNITY TO TALK TO ATTORNEYS? yes. MORE TIME TO TALK TO THEM ABOUT THAT? no your honor. RAISE YOUR RIGHT HAND FOR A MOMENT, (sworn in), LIKE I SAID BEFORE, YOU HAVE THE RIGHT TO REMAIN SILENT, ALSO HAVE RIGHT TO TESTIFY IF YOU WANT TO, OPPORTUNITY TO DISCUSS WITH ATTORNEYS.. INDICATED YOU HAVE? yes. DECISION? west: I object, OVERRULE..... COURT IS ENTITLED TO REQUIRE IF HE WANTS TO TESTIFY, MR. ZIMMERMAN HAVE YOU MADE A DECISION? not at this time, your honor. HOW LONG DO YOU NEED BEFORE WE YOU DECIDE.... west: more time? I ASKED ZIMMERMAN IF HE NEEDED MORE TIME... HOW MUCH TIME? it would depend how long the recesses are.... the end of the day. IF ATTORNEYS FINISH WITH TWO WITNESSES, KNOW THEN... west: on Zimmerman's behalf. I AM ASKING YOUR CLIENT QUESTIONS. west: I object to the court... YOUR OBJECTION IS OVERRULED, WILL GIVE YOU MORE TIME TO DISCUSS THIS WITH YOUR ATTORNEYS....omara: may we approach? YES (sidebar) 13:58:24 READY TO BRING JURY BACK IN? yes. yes. GO AHEAD AND BRING JURY BACK IN... 14:00:11 PLEASE BE SEATED. WELCOME BACK. QUESTIONS: DISCUSSIONS ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS ABOUT CASE? NO HANDS RAISED. USE ELECTRONIC DEVICE? NO HANDS RAISED. READ OR CREATE SOCIAL MEDIA? NO HANDS RAISED.... 14:01:05 omara: when we broke I was beginning to talk to you... cross exam that came to mind, asked by guy whether you listened to the non-emergency call with expletives? yes. asked the question whether or not his presentation evidenced anger or frustration, did you... opportunity to hear people angry upset or frustrated ways? yes. involved in situations where you had to break up disputes or fights where people were yelling or screaming at each other? yes. in your career? yes. part of job? yes 14:02:24 heard people in various stages of anger and hatred? yes 14:02:34 using that basis as experience foundation, was any of that evidenced to you in the way he said assholes? the way I interpreted it, frustration about totality of calling everyone... not just one person... in general, they always get away 14:03:09 assholes, evidence to you any ill will hatred or spite? no 14:03:20 another expletive guy questioned you about, could you even hear the words f-ing punk? initially no, had to break down and listen to it 14:03:39 enough to hear it? yes.... after being told they were there 14:03:53 based on years of law enforcement, evidence any ill will hatred or spite? no... not individually 14:04:14 your understanding from your review of the telephone call that the frustration was aimed toward? Objection! Speculation! SUSTAINED 14:04:39 guy asked you two questions... responsible gun owner and other options Zimmerman had.... anything in Zimmerman's use of his firearm to be reckless? no. why not? Object! omara: heard on that (sidebar) 14:12:07 based on training anything that was dangerous in the way he handled it?...... unreasonably dangerous? no. Object! OVERRULE MOVE ON 14:12:49 other options available? Objection! Speculation! ALREADY TESTIFIED TO THAT.. OVERRULED 14:13:13 knowing what you knew about the facts that night, did Zimmerman have options? based on knowledge, I don't believe he did 14:13:39 inquiry whether you took this case on for the notoriety of it, did you? absolutely not 14:13:56 some of the benefit of having high profile case, has that impacted your answers? no... because the same type of negative media coverage comes from positive media coverage..... 14:14:23 possibility of future payment from me impact your testimony? not at all 14:14:38 question posed to how many times as expert first time in self-defense? in a criminal case yes. how many times in criminal? in law enforcement, so many times... ever been cross examined by state? no. normally on state? yes, this is complete opposite of where I normally sit 14:15:32 presume for a moment you don't have any information about where the fight started or the location of his flashlight, focus for now just on the 40 seconds of screaming and the injuries, with that set of circumstances, change your opinion at all on Zimmerman's lack of options? no I would not 14:16:15 would your opinion be the same even if there was 2 minute delay between Zimmerman's phone call and the event that happened? no irrelevant to me 14:16:36 what are the only real relevant factors in this case? event as unfolding at use of force was taking place and the perception of individual involved...... how would that affect the outcome 14:17:20 the key chain flashlight, did finding or noting the keychain there... relevant to where the altercation began? it helped create a picture in my mind about where it started 14:17:48 blood flowing down and back, in your experience as fighter... what happens when you get hit in the nose? variety of things, with nose strike could have tearing, if blow is significant result in bleeding, free flowing of blood... fill nasal cavity, effect on ability to breathe.... most prominent is the stunning affect 14:18:48 in your experience with MMA, is getting in a blow like that early in fight, significant? Objection! Speculation! SUSTAINED 14:19:13 if in a fight and want to get advantage over person, strike to nose accomplish that? Objection! Relevance.... I DONT KNOW THATS IN HIS EXPERIENCE 14:19:41 as a fighter, remind jury you did kick boxing? yes. kicking and boxing? boxing and 8 kicks per round... feet and hands. as part of using hands, strike body blows? yes punching. ever hit them in the face? repeatedly. target focus? it is especially with the jab 14:20:21 as experience basis, how successful is getting in the first shot to the nose? it can provide a various outcome, primary thing is you let the person know you're for real, let them know it's devastating.......... take that first punch, taken a majority of power... survive first punch can stay in fight, not as schooled could have devastating affect....... very important, he who controls the fight generally can become victorious 14:21:31 consistent with strike to nose? yes sir 14:21:37 if this was the first strike of the fight, significant maneuver? Object! SUSTAINED... REPHRASE 14:22:21 talked about your criminal justice degree, talked earlier about police academy... in your training......? I pursued my degree well into my career 14:22:49 learn striking techniques or take down in school for criminal justice or in the academy? no physical courses in criminal justice degree... teach about the laws... academy tells you how to enforce the law.... criminal justice degree is the book end, how it works in and of itself 14:23:46 having done it for 20 years, enjoy it? I did... for you a noble profession? absolutely 14:24:00 encourage or discourage nephew or son from taking on law enforcement? depends on the child, I have step son who's physically fit, I would encourage him... my daughter on the other hand who doesn't like confrontation I wouldn't encourage it............... 14:24:42 mentioned early in conversations about continuum force, certain act allow response... go over there and sit down and I said no, you get to respond verbally....? that's a piece of it, yes 14:25:13 continued force goes up scale with deadly force? yes. markers along the way that allows you to increase response to force? absolutely... walked up and pushed you, appropriate increase in force? Objection! Only relates to police officers.... 14:25:51 based on experience as adult, fighter, and police officer and expertise in use of force..... 14:26:06 when you look at use of force, go across spectrum? yes. not just deadly force? no use of force is force whether it starts at verbal to deadly force 14:26:28 aware of situation where cadets were using inappropriate verbal force, council those people?............. 14:26:51 use of force training, does that include training officers as to how to use verbal voice? all of force training is to explain variables involved in deciding... being verbal, recommend to them is try to avoid if you can... depends on environment... .all of these come into play 14:27:46 if I was yelling at you and cussing at you from 40 ft., walk away... if I'm in your personal space, 6 ft. or 3 ft... arm's length, because more significant issue.... hard to answer a and b because totality comes in 14:28:23 outside and I pushed you, your response? Objection! OVERRULED. my personal response I would give you strong verbal commands and make sure you made a mistake 14:28:54 would you punch me in the nose? Objection! ASKING HIM WHAT HE WOULD DO IN SITUATION OF THAT... SUSTAINED 14:29:19 moment? YES YOU MAY... nothing further RE-CROSS 14:30:06 your understanding over what was happening comes from one person? yes. 14:30:15 opinion that there wasn't another option is based on his words? no... my opinion was based on totality of his training background and experience, come into play with other things you're capable of doing 14:30:48 options depend on what other is doing? absolutely. determination of what martin was doing came from him? added in other evidence surrounding event to seem plausible this took place... based on what I see physically, this makes sense... opinion is based on what he told me in combination with 14:31:36 do you know what martin was doing at moment he was shot? yes 14:31:49 you do? you're asking my opinion, based on information..... I don't know if trayvon was doing one specific thing were talking about the totality... it appears clear through evidence 14:32:24 do you know what martin was doing at martin he was shot? I was not there, cant attest to what martin was doing on that time, only base opinion on totality of the evidence 14:32:46 includes his perceptions as he told them to you.... his perception is important? perception of anyone in event is taken into account..... if I said jolly green giant was jumping on me isn't possible but if one of these wires wrapped around me is plausible 14:33:31 in your conversation with him came 2 or 3 months after his trial? sure that sounds about accurate 14:33:44 asked about testifying.... this is the only time you worked on criminal case on behalf of defendant? no sir...... 14:34:05 have you ever been retained/hired by defense attorney to testify on behalf of criminal defendant? it's in my CV... twice I think, maybe... chambers case and where I consulted but not testimony in trial toward bottom of CV. first time in front of jury? yes in a criminal case this way 14:34:53 continuum of force applies to police? conceptual model... if you looked at Florida state statute it's an escalation and de-escalation of statutes..... continuum is part of event 14:35:35 getting punched in nose, don't know when Zimmerman was punched? no he was punched repeatedly during event 14:35:50 may not have been from a punch, could've been when he hit it on something else? I never said Zimmerman hit his face to anything else 14:36:11 not aware of the concrete? I do not believe a facial contact with concrete would make those abrasions..... 14:36:38 been punched in nose before? absolutely. didn't quit, keep fighting? no I'm a fighter.... seen others to fight after being hit in nose? I've seen both... people struck and they are not able to respond and I've seen others... warrior mind set, not everybody has that.... if they don't have internal fire to be involved in that way, not going to fight... beaten.... someone with warrior mind set will return, tremendous damage... 14:37:48 seen people hit in nose who keep fighting? yes.... did demonstration and you kept using your hands with 90 degrees? trying to use my hands to relate to maintaining position..... leaning back and Zimmerman coming up, but with the mannequin you weren't maintaining that 14:38:44 haven't we left something out... cant wrist and body move independent of body? sure...... even though I'm on 90 degrees and shoot like this? can you, yes, but the average person won't hold it gangster style... could he have taken up and angled, anything possible doesn't make it plausible...... I can always make it 90 degrees? everything depends on where you are in relation to that other person, talk about the discharge to the firearm, write position is not exaggerated, no how you shoot.... takes conscious thought.... possible the wrist was moving, but highly unlikely 14:40:29 possible you can shoot someone at any angle because we have arms, wrists, and elbows? possible 14:40:45 your opinion that Zimmerman's perception of threat had disappeared because trayvon ran off? when I listened to the call and I heard Zimmerman when he was facing him, my perception was I sense stressed in his face.... as he left, that tension diminished, reinforced what I heard from pollock ... not the confrontational one... when martin ran, no immediate threat he's taken off running, he gets out and is now "Following" the person, that's what he was doing for them... 14:42:03 hear him say I don't want to give out number, don't know where he is? yes. still concerned? absolutely... think about the T, took off running to make it home, it was only a distance away... still in area, concern for Zimmerman...... looking at individual walking back and uncertain he was there 14:42:52 defendant was trained by federal marshal how to shoot? yes 14:43:03 interview is better if delayed? not all interviews.... references for law enforcement, common practice to delay the interview and to conduct thorough investigation of police officer, extend to officers can be extended to anyone 14:43:42 not what you did as an officer? of course not... when you're an officer given evidence and whether arrest is warranted... ask for interview and it's a homicide, go in right away and the individual says I want a lawyer, get their period of time they can wait..... uses totality of circumstances and forms questions and makes concept to arrest... wouldn't wait 3 days 14:44:44 defendant spoke with friend about 8 hours of this event? yes 14:44:52 not an expert in memory retreatment? no... moment? YES... that's all RE-RE-DIRECT 14:45:19 talked about warrior mind set? yes... insight in this case, was Zimmerman warrior mind set? from the information I received, from pollock.... not one to enter the ring, not confrontational... not the type who had warrior mindset that inner fire that compels you to be a fighter 14:46:09 anything about the lack of injuries on martin that helped with that decision? based on injuries on Zimmerman and lack of injuries to martin, he didn't have any striking... didn't do anything of tussle to result in injury to a man 14:46:45 didn't even land a strike at least one with a mark? Object! SUSTAINED 14:46:57 that martin did have warrior mind set? Objection! SUSTAINED AS TO VIOLATION 14:47:11 door was open, now I'm asking about martin.. MY OBJECTION, MY RULING REMAINS, SUSTAINED 14:47:36 any evidence in the case that you looked at that would suggest even in the 45 second screams the attack stopped? Object! OVERRULED 14:47:57 no I saw nothing that would indicate that to me 14:48:03 MAY HE BE EXCUSED? guy: subject to recall.... omara: approach on that issue... LATER... EXCUSED FROM COURT, SUBJECT TO BEING RECALLED 14:48:48 NEXT WITNESS.... 14:49:18 (sworn in) 14:49:38 omara: name? olivia bertalan 14:49:51 at what point back in early 2012 or 2011, live in retreat at twin lakes area? yes. since moved out? yes. married? yes. children? 2. ages? 2.5 and 4 months 14:50:13 going back then to when you lived at retreat view circle, event at your residence? yes. what happened? I was home on a Wednesday with my son, 9 months at the time... heard someone ring my door bell, went upstairs to check... two African American guys, called my mom... they left.... they were walking in front of my house.... called the police, broke into my house, dispatcher told me to grab any weapon I had and prepare to use it if I needed to... he was trying to wiggle the door, rusty scissors... when? august 3 2011 14:51:48 place of hiding? yes. where? my sons upstairs bedroom. in the closet? no the far corner... as far away from door as possible. son with you at that time? yes 14:52:11 people downstairs leave eventually? yeah escaped before cops got there. take anything? camera, laptop, tried to get our TV.... I think something else but I can't remember 14:52:41 at some point one of those people were arrested and charged? yes. what happened, their name? Emanuel burgess 14:53:00 is that the reason why you moved from that area? yes. nothing further CROSS 14:53:18 guy: afternoon.... contact with George after that event? I did. Object! Outside Scope... guy: it's the basis of her testimony I believe... omara: proffer at the bench... NO.... LADIES AND GENTLEMAN FOLLOW JARVIS OUT OF COURT ROOM...... 14:54:29 happened on august 3rd 2011? yes. contact with George that day? yes. he came to your house? yes. gave you his number? yes. came because he heard you were a victim? yes. talked to him about it? yes. described those at your residents? yes. two? yes. males? yes. blacks? African American. teenagers? looked young 14:55:12 not only conversation with that case? right. correct you talked about this about 20 times after that? probably around that amount 14:55:31 person not yet been caught? I'm sure I did 14:55:37 person wasn't caught until you moved out? arrested in December. released because he was minor and arrested again later 14:56:00 where you believe he lived? I'm sure we discussed that. near the back entrance? yes 14:56:18 I have other questions for her but they don't relate to her contact of the defendant.... omara: ill withdraw my objection..... BRING JURY BACK 14:59:04 PLEASE BE SEATED.... YOU MAY CONTINUE 14:59:12 guy: said this incident happened on august 3 2011? yes. visit from George Zimmerman? yes. gentleman to left? yes. lived in your neighborhood? yes 14:59:34 came to your house that day? yes. talked to you... didn't know you but you had been victim of something? yes. described what happened that afternoon? yes. and described the people? yes. number? 2. describe sex? yes. male. race? yes. African American. describe age? didn't know age for sure, but I'm sure I told him late teens 15:00:28 after that you and he continued to talk about that case? yes. approximately 20 times? yeah 15:00:39 you and he discussed the persons had not been caught? right. discussed it was your belief that person responsible lived in twin lakes? confirmed by police yes 15:01:02 discussed with defendant? and other neighbors... near back gate? yes 15:01:12 your understanding that at some point that person was arrested? yes. and released prior to February 2012? correct 15:01:29 have you watched proceedings in this trial? briefly. what parts? his uncle testify... who else? I don't know by names. tweeted about this case? not since... no I have not... not since when? last year when it happened... not this week? I don't believe so. do have twitter account? yes. follow omara? yes. follow account called Zimmerman legal case? I do. you have been on Nancy grace in regards to this case? over a year ago yes. 15:02:33 moment? YES 15:02:47 thank you for your time REDIRECT 15:03:03 when Zimmerman came to you to talk about being victimized, was that strange? no. appreciative of his efforts? very. tell me about that? we were terrified when it happened he just wanted to make sure we were ok.... I was appreciative he was offering his hand and spend time with his wife if I needed to go somewhere in the day 15:03:57 what about his availability of his wife? Object! Hearsay and Relevance! PROBLEM WITH RELEVANCE 15:04:20 aware ms Zimmerman was aware if need be? yes. shortly after go to HOA and discuss the issue? I don't believe I went, my husband did 15:04:40 and then in addition to conversation with Zimmerman, talk to others about what happened to you? yes. who? neighbors, pete and chris... something of point of conversation? yes 15:05:06 did Zimmerman after the HOA started watch, bring to you a lock to help with sliding door? yes he did. weird or strange? no appreciative 15:05:28 made aware about issue with sliding doors? I don't believe so 15:05:38 was it how they got in the house? yes. back sliding door? yes. lock secure that problem? yes 15:05:54 before you moved out, get a dog to help? yes. part of staying secure? the cops told us to get a dog 15:06:11 know the person who was arrested was Emanuel? yes. released? yes. re-arrested in Feb. 2012? I got a letter when we moved out, didn't know exactly when he was arrested 15:06:44 did any of your interactions with Zimmerman leave you with impression he was too involved? no. was his behavior helpful to you? very 15:07:05 still have the dog? yes.... thanks very much 15:07:14 MAY SHE BE EXCUSED... she may. yes. NEXT WITNESS..... Robert Zimmerman senior 15:08:08 (sworn in) 15:08:30 omara: name? Robert Zimmerman. live in central Florida? yes. how long? almost 7 years 15:08:45 know the defendant as your son? yes 15:09:04 event where you had opportunity to hear a 911 tape... lauers 911 call, know what I mean? yes. it is a tape that includes in it screams and gun shot, heard that? yes I have 15:09:29 we have it available, jury has heard it dozens of times.. only play if you need to hear again, memory of it such that you had an opinion? yes 15:09:54 settings of first time you heard it? third floor of this building, in the state's office I was there put under oath, asked me questions as I was getting ready to leave they asked me if I would mind listening to this tape and I said certainly... took me in smile room, provided me headphones, still under oath.... listened to it..... asked me did I recognize the voice 15:10:47 what did you tell them? absolutely it's my son George... opinion you still have today? certainly... nothing further CROSS 15:11:05 rionda: listened to it 6 times? no. have not? no. ok 15:11:22 moment? YES.... I've listened to it a number of times, at least 6 15:11:36 more than 6? at least 6 but I really can't be accurate... thank you very much 15:11:46 MAY ZIMMERMAN BE EXCUSED? rionda: subject to being recalled.... CALL NEXT WITNESS... omara: break, your honor... 15:12:09 15 MINUTE RECESS, FOLLOW JARVIS INTO THE JURY ROOM.............. 15:12:39 PLEASE BE SEATED, IS DEFENSE CALLING ANY OTHER WITNESSES? no. AFTER THE RECESS I WILL ASK ZIMMERMAN IF HE WANTS TO TESTIFY. AT THIS TIME, ANY OTHER WITNESSES YOU WANT CALLED MR ZIMMERMAN? for this trial..... 15:13:19 SOME WERE CALLED A COUPLE TIMES, SUCH AS SINGLETON.... ZIMMERMAN, ANY OTHER WITNESSES YOU WANTED ATTORNEYS TO CALL ON YOUR BEHALF? no... TAKE THE TIME YOU NEED TO TALK TO YOUR LAWYERS COURT IN RECESS ==================== 15:27:41 PLEASE BE SEATED..... 15:27:55 omara: a number of exhibits in stipulation, now in evidence... on verge of closing, one composite exhibit the state will review... that'll be the last. COMPOSITE EXHIBIT 30? yes.. only one document, but its 7 ft. long... 15:28:36 rionda: verify some of the times on there, other than that we won't have an objection 15:29:25 omara: these are now in evidence as 30-38.... 30 is a picture of back of head, 31 is the front of his head, 32 is still photo of martin in 711, 33 is a picture of martins pants, 34 is a second still of martin at 711, 35 an aerial view at retreat at twin lakes, 36 is a larger aerial photograph, 37 large aerial of retreat at twin lakes, 38 is medical investigator picture of the scene....if admitted 39 would be the timeline... two other loose ends, one is the judicial notice with the weather, more accurate for the 26th will be substituted... STIPULATED FOR STATES EXHIBIT 213? yes. ALLOW THAT TO BE SUBSTITUTED. next one is the same exhibit for the 27th COMPOSITE STATES 213? planned as separate.... SUBSTITUTE 213 FOR THE NEW ONE AND THE SECOND ONE DEFENSE 40 15:32:12 omara: only other one is the exhibit in order to move matters along when jeantel was questioned, used small portion of cd to question her... present that as its own redaction... that hasn't been brought and needs to be... used that to refresh her recollection.... used one portion played. 15:33:05 rionda: she listened to it herself, not in front of jury. JURY WAS SENT OUT, WASN'T IMPEACHMENT AND WASN'T PLAYED IN FRONT OF JURY. moment? YES YOU MAY 15:33:36 omara: my understanding was the part that was played was the portion of it where she it could be/ might be trayvon and I believe the jury was present.... GET COURT REPORTERS DATE... DEFENSE EXHIBIT DD? I HAVE THAT AS A TAPE OF JEANTEL'S.... NOT PLAYED IN FRONT OF JURY, BUT WE CAN VERIFY..... omara: looks as though there may be an issue, have some time before now and the time jury will get it.... NOT IN EVIDENCE, ITS MARKED FOR IDENTIFICATION PURPOSES..... 15:34:48 ANY MORE OF THOSE HOUSE.....HOUSEKEEPING MATTERS? omara: get you weather and that's it 15:35:03 MR ZIMMERMAN, STILL UNDER OATH... SUFFICIENT TIME TO DISCUSS WITH ATTORNEYS ABOUT TESTIFYING? yes.... after consulting with council, decided not to testify. STILL YOUR DECISION? yes. YOUR DECISION NOT TO TESTIFY? yes. FREELY AND VOLUNTARY? yes. PROMISES? no THREATENED YOU? no. YOUR DECISIONS? yes 15:35:58 IS DEFENSE GOING TO REST SUBJECT TO ANY MORE EVIDENCE? yes. STATE WITH REBUTTAL? yes. HOW MANY? at least 2 today and one who would be available tomorrow which we may not call anyway.... 15:36:30 JURY INSTRUCTIONS GIVEN TO DEFENSE AND ZIMMERMAN, CAN I HAVE A COPY...ARE THEY GOING TO BE LENGTHY? no. CHARGE CONFERENCE AFTER JURY DISMISSED FOR THE DAY? 15:37:02 REST IN FRONT OF JURY AND THEN GO FORWARD...... YOU MAY PROCEED 15:37:14 omara: with length of presentation to you earlier.... ............... 15:38:17 I don't want to belabor point, but decide at this point that basically the state has excluded a reasonable hypothesis my client is innocent.... charges be dismissed in full 15:38:51 mantei: di maio portrayed alternative scenario of second degree murder..... attempting to pull back and disengage.... mr roots eager to draw conclusions, but still had no idea what went on in the moment.... presented people to enhance facts, make it more disputed.... state has submitted sufficient evidence and will continue with rebuttal with murder and manslaughter 15:40:04 omara: if the court is going to rule, identify the states factual scenario, they're theory of the case for which excludes hypothetical reasonable.... 15:40:42 COURT SAT HERE AND LISTENED TO THE WITNESSES..... AND ARGUMENTS.... COURTS DECISION IS THE SAME, ENOUGH EVIDENCE TO ALLOW THIS CHARGE TO GO TO JURY.... SO WE NEED TO BRING JURY BACK IN, REST IN FRONT OF JURY AND STATE BE PREPARED TO CALL REBUTTAL WITNESS..... READY FOR JURY? omara: see who their witnesses... WITNESSES? Adam pollock and David lee.... WHEN YOU FIND OUT TONIGHT WILL YOU EMAIL THE DEFENSE.... omara: they are bound, Pollock testified before... rebuttal to fact we presented... IF ITS NOT, FREE TO OBJECT AND ILL RULE.... READY FOR JURY? yes. yes 15:44:06 PLEASE BE SEATED.... MR OMARA? 15:44:14 omara: announce to the jury, a number of other exhibits put into evidence.... photographs 30-38 and potential of 39..... other judicial notice matters about weather.... with that in mind, the defense would rest 15:44:46 STATE HAVE ANY REBUTTAL? mantei: yes... call Adam pollock 15:46:25 (sworn in) 15:46:43 mantei: you were defendants trainer at kokopellis? yes. now marketing training on your website? absolutely not... Object! Improper Rebuttal Testimony! ARGUMENT ABOUT THAT, APPROACH THE BENCH (sidebar) 16:00:07 CONTINUE THIS MATTER OUTSIDE PRESENCE OF JURY, FOLLOW DEPUTY INTO JURY ROOM........... 16:00:35 PLEASE BE SEATED... STILL ON WITNESS STAND WERE TAKING A 15 MINUTE RECESS 16:00:47 COURT IN RECESS FOR 15 MINUTES ============================================ 16:25:18 PLEASE BE SEATED.... 16:25:28 MR MANTEI: 16:25:32 mantei: additional citations.... mckee vs state............ always necessary to inform jury to any motives regarding prosecution witness, equally so.... evidence admissible for that purpose 16:26:10 CANT CALL WITNESS FOR PURPOSE OF IMPEACHMENT... calling to impeach testimony of root, not this witness... if he denies or says something contradicting to his words..... WHAT IS WITHIN THE WEBSITE THAT WOULD CONTRADICT EVIDENCE BY ROOT 16:26:59 characterize pollock..... put extra weight on that witness... DEFENSE? 16:27:24 omara: what is being presented for.... read for same bible... has to be relevant, has to truly impeach or address issue of bias, in affect... pollocks bias, personal financial interest............. you might be trying to make money on Zimmerman because he came to your gym..... court has to include common sense 16:28:26 this witness who wants to tell somebody to come to his gym and under oath said he went from 0.5 to maybe a 1.... no financial interest furthered.... doesn't impeach what it normally would.... if he says this guy's great and I trained him... its opposite 16:29:17 WHAT WE HAVE HERE... STATE CITED BRITAIN VS. STATE, IN THAT CASE THE STATE DIDN'T CALL THIS WITNESS UNTIL REBUTTAL... REBUTTAL EVIDENCE EXPLAINS OR CONTRADICTS MATERIAL EVIDENCE.... NEITHER EXPLAINED NOR CONTRADICTED...... COURT HAS DISCRETION ON THE ORDER OF PRESENTATION... NOT AN ORDER, IT IS TO IMPEACH YOUR OWN WITNESS... CALLING TO IMPEACH HIM BY SAYING HES ADVERTISING ON A WEBSITE ABOUT THE ZIMMERMAN TRIAL AND TRAINING... NOT ALLOWED AND SUSTAIN OBJECTION! 16:30:33 I DONT KNOW HOW YOU WANT TO HANDLE THIS IN FRONT OF JURY, TELL JURY HES NO LONGER NEEDED OR ASK OTHER QUESTIONS... SOLE PURPOSE? yes. NO REASON TO HAVE POLLOCK COME BACK IN? yes. omara: objections to the next witness... 16:31:16 WHAT IS PURPOSE FOR CALLING MR. LEE? mantei: moment? YES YOU MAY 16:32:00 mantei: state will not call mr. lee. ALRIGHT HOW ABOUT THE OTHER WITNESS FOR TOMORROW? mantei: I haven't left the court room to check yet... omara: objection to that witness too probably.... NAME? mr. fleishman... WHAT IS THE OBJECTION TO THAT? omara: who is that? mantei: defendant arrested for committing battery against officer. PURPOSE? the defense gone to great lengths to say he is incapable of fighting... this agent would offer a different perspective.... essentially say that while he and law enforcement officers were engaged in arresting at a bar... had individuals outside and the defendant came out, one of his friends... this agent identified himself to defendant and the defendant attacked him 16:34:02 omara: prior event trying to get in improperly.... need to know more about the facts of the case... the agents were undercover out by UCF and took a friend out bodily... TIME FRAME? 2005... 8 years ago... before he wanted to become prosecutor, before ride along.... when agents grabbed his friend, Zimmerman says they were in plain clothes, maybe brought out their lanyards, the way these are handled by UCF the agents go in there... take outside and Zimmerman goes out to ask what happened, arrested Zimmerman... never heard he attacked him, not in police report... arrested for battery... dropped down to misdemeanor.... not only did it drop down but then also opposed to normal procedure, pretrial diversion.. dropped charges completely, was over arrested for something... dismissed outright, bares no significant value, ancient in time and act.... nonevent to begin with 16:36:45 clear that if state brings in this one prior bad act, that the very witnesses the state relied on in this case..... are you a racist interview to all my clients family..... POINT.... 30 witnesses to counter this one witness.... information were at this.... EACH SIDE AVAILABLE TO PRESENT WHATEVER CASE.... DO SO WITH OWN PERIL FOR OPENING ANY DOORS... YOU ALL ARE EXPERIENCED LAWYERS AND KNOW WHAT YOU SHOULD AND SHOULDN'T DO... DONT WANT TO HERE ABOUT DOING THIS AND YOU DOING THIS 16:38:07 WE NOW KNOW WHAT INFORMATION YOU SEEK TO GET FROM THIS WITNESS, HAVE ARGUMENT IF HE IS AVAILABLE.... ANY OTHER REBUTTAL WITNESSES STATE IS SEEKING TO CALL? no your honor 16:38:35 BASED UPON THAT I DONT KNOW IF YOU HAVE ANY SIR REBUTTAL... TAKE THAT ISSUE UP TOMORROW.... INFORM JURY AS TO WHERE WERE GOING IN THIS CASE, EITHER BE MORE TOMORROW MORNING... JURY INSTRUCTIONS TONIGHT AND FINISH TOMORROW.. CLOSING ARGUMENTS TOMORROW... HOW LONG DOES EACH SIDE ANTICIPATE... rionda: 3 hours.... 16:39:41 YOUR OBJECTION IS OVERRULED....I think 3 hours is certainly enough... GOING TO BE A LOT OF CONVERSATIONS OR RULINGS CONCERNING JURY INSTRUCTIONS OTHER THAN WHAT WE DO WITH SELF DEFENSE INSTRUCTION.... omara: there's that and in addition gibbs vs state case... slight modification to the self-defense instruction, identify word..... circumstantial evidence that has been presented as existing element. WHEN DO YOU ANTICIPATE HAVING THOSE INSTRUCTIONS... I said tonight, with case law.... applicability to manslaughter in this case.... 16:41:10 HOW LONG ON JURY INSTRUCTIONS? I think half an hour... straight forward....... defines provoked.... IF YOU'RE NOT READY TO PRESENT TO STATE, WAIT FOR ARGUMENT... JUST SCHEDULING 16:41:45 IF I RELEASE JURY FOR RECESS AND BRING THEM BACK AT 10.... STATE CAN START 2 HOURS, LUNCH, DEFENSE 3 HOURS, STATE REBUTTAL........ 16:42:18 omara: opportunity to... DONNELLEY.. Donnelley and the rebuttal.... we may well have sir rebuttal witnesses together.... NONE OF THIS MAY OCCUR IF THIS WITNESS IS NOT AVAILABLE... LET COURT KNOW SOME TIME SOON... IT MAY BE A NON-ISSUE... wait to see if we need the argument? YES... BRING JURY IN TO EXCUSE FOR THE DAY AND BEGIN ON DONNELLEY 16:43:31 omara: also going to address argument if that door has been opened.... NOTHING HAS BEEN WAIVED, JUST WANT TO KNOW THE AVAILABILITY OF THAT WITNESS BECAUSE NONE OF IT MAY BE AN ISSUE.... we did file judiciary notice on exhibits..... 16:44:21 PLEASE BE SEATED..... LADIES AND GENTLEMAN, WE HAVE MORE WORK TO DO OUTSIDE YOUR PRESENCE.... RECESS FOR THE EVENING.... THE STATE OF WHERE WE ARE.... HATE TO TELL PEOPLE WHAT I ANTICIPATE BECAUSE SOMETHING ELSE OCCURS.... CLOSING STATEMENTS TOMORROW... COME BACK AT 10 AM... RECESS FOR THE EVENING: NO REPORTS ABOUT CASE. NO DISCUSSIONS. NO ELECTRONIC DEVICE. NO SOCIAL MEDIA. ASSURANCES? yes. PUT NOTEPADS DOWN, FOLLOW JARVIS HAVE A GOOD EVENING 16:46:20 PLEASE BE SEATED.... WHATS BEEN HANDED TO ME AS 213... CORRECT EXHIBIT? replacement. BOTH SIDES AGREE? yes. DEFENDANTS 40... BOTH AGREE? yes 16:46:46 LOOK AT DEFENSE EXHIBIT 39... ANY OBJECTION? rionda: shouldn't be, but may take a little longer.. they revised and we need to check... STATES MOTION REGARDING DONNELLEY 16:47:21 mantei: have testimony stricken, discovery violation... radical change in testimony.... sipio case, evans, and kasaca.... requests were denied at that time... indication the witness in addition to changing testimony was present in court.... I have since obtained confirmation... provide council and the court copies of photos and video... present for 2 days... 25th and 26th... sitting behind defendants family... captured on screens.... concession is that is that witness 16:48:48 subsequent sitting through witnesses.... surdyka as a younger man's voice, boys voice... following his presence in court... went home decided to listen to tape, contact omara and we know history from there... learned that similar things have happened with 2 additional witnesses.... john good met with defense and shoemaker to discuss and adjust and change the animation exhibit..... today we heard from olivia who watched and observed at least portions of testimonies including the defendants uncle 16:50:10 established now as far as procedural... Donnelley took upon himself to go ahead and do something which turned him from a non-witness into a witness... good was in contact with and discussed potential testimony and exhibit in violation of sequestration 16:50:56 I did.... I think the relevant case law as it relates to the sequestration rule.... sipio, evans and kasaca... some procedural prejudice, change in testimony and discussions with good and lesser extent olivia.... those are the ones we know about in this point in time... some procedural prejudice now.... court has powers above any of this.... cases cited to court are McKenzie.... whether a violation was with knowledge or conceit... good was with knowledge of council and Donnelley without knowledge of council, although whether defendant or family knew given location in court room 16:52:55 second way to determine this (west smiling under hand).... since already testified, strike testimony..... 16:53:22 earlier holding from dumas.... whether sequestration changed his testimony.... again before I get to other cases, change in testimony... change in exhibit for shoemaker and Donnelley's is radical and evident... hadn't heard anything and now did and recognized voice 16:54:07 scott vs state.... case from 4th DCA, referenced on page 4... defense witness who was present in court and then opted to express desire to testify, attempted to testify... discovery violation and expressed concern of sequestration... not in good faith...... 16:55:10 I think courts comments in that case are illustrative... mindful of law but scott making decisions.............. 16:56:47 whether testimony was challenged by what he heard.... defense tried to show it was and state tried to show it wasn't 16:57:09 dumas case sets forth older test..... pg. 2 of opinion in right hand column, disobeys withdrawal... not disqualified, cannot be excluded merely, but can be supported on sound discretions of trial court.... given both the nature to Donnelley and good and lesser degree olivia... radical change that occurred to Donnelley and exhibits and items discussed by good... renew our request and order his testimony stricken 16:58:31 omara: opening the door to all those violations... good, olivia... add to list shipin bao who had conversation with states office..... NOT A RULE OF VIOLATION TO SPEAK WITH ATTORNEY..... AS FAR AS BELETRAN, NON-ISSUE... AS TO MR DONNELLEY 16:59:40 referencing these to pile on... COURT IS CONCERNED OF 3 ALLEGED WITNESSES, SHOULD HAVE BEEN KNOWN BY COUNCIL TO NOT HAVE OCCURRED... I AM INVESTIGATING THE POSSIBILITY OF ANOTHER PERSON WHO MAY HAVE VIOLATED... HAVE NOT BEEN CALLED BY A WITNESS..... WILL TELL YOU AT THE BENCH IF YOU WANT TO 17:00:36 good and shoemaker never spoke... good was shown by me the animation to confirm with trial testimony that it was accurate, had him tell me... I then went to my expert.... absurd to suggest animation expert can't get information from testimony MY QUESTIONS OF SHOEMAKER WHEN HE SAID HE GOT INFORMATION FROM COUNCIL AND OTHER PERSON IN CONFERENCE, IT WAS MY QUESTION 17:01:53 not going to talk about bahador's change in testimony.... THE WITNESSES ARE ALLOWED TO TALK TO ATTORNEYS....THIS IS RELATING TO DONNELLEY.. SITTING IN THIS COURT ROOM AFTER SEQUESTRATION WAS INVOKED 17:02:25 Donnelley was here on days 2 and 3 until first morning break.... why removed at that point.... testimony he was exposed to.... wendy dorival, obrien (hoa), listened to bahador a person who never talked about 911 tape, had own take on evidence, sgt. romando, diane smith, surdyka's testimony... during that break that west noticed him and had him leave.... hear first half of surdyka's testimony, but it was the second half... heard someone scream, she didn't listen to the call.... 17:04:25 as to the violation and what he changed... I contested that he changed it, he added to it.... case law speaks to the infection of that testimony.... added to it by waiting 2 or 3 days before trial to listen to something.... 17:05:06 not a change, added to testimony 17:05:11 did the violation infect that testimony... nothing to do with what he testified to... prompt him to come to grips to listen to the tape, yeah maybe it did 17:05:36 delmonte case.... currently violated and look into circumstances.... Seminole case dumas case.... need to look into identification for collusion between the two if we did this in a form or fashion to violate geography of the rule.... under dumas case... state woefully failed to suggest violation occurred willful 17:06:54 other case law.... deals again with courts requirement to make identification of the violation... right to exclude witness from testifying..... not the defense collusion or knowledge but neither mr. Donnelley's... we won't call as a witness, what we did call him for... not for any other reason.... had relevant testimony to voice than we decided to call him. HE WAS ON WITNESS LIST. yes... but idea he was around wouldn't be affective to us and our witnesses..... once rule invoked, Shellie asked Donnelley to take seat with her....... 17:08:58 since I had never met him... west met at deposition... not pre-tried him as witness... no intention of calling him, nothing substantive to offer.... suggestion of knowledge or collusion 17:09:28 what is the remedy, need to find that even though technical violation...... mold into testimony, no finding of that or evidence or suggestion... know what his testimony was... it was limited to Saturday..... that was after he had removed himself from the court room some 5 days before.... 17:10:25 left the courtroom and stayed away until he took on himself to listen to tape, came to me and I presented as a witness..... no evidence in the cases I stated.... bizard and Atkinson vs state 317... supreme court case in 1985, benefit in case like that... right to present testimony in defense... McKenzie also stated 17:11:54 the entirety of case I presented, mcmann 104 federal reporter 3rd... stiles vs burgeron.... give court discretion on what sanction to impose.... need to have quantum of guilt before 17:12:36 no guilt shown, technical violation without substance, unfortunate it occurred... not a course of conduct... good not an issue, necessary and appropriate... YOU INDICATED THAT SHELLIE WANTED DONNELLEY TO BE IN THE COURT WITH HER, BUT SHE WAS SUBJECT TO SEQUESTRATION ALSO... AT OR DURING OPENING STATEMENTS, SO SHE WOULDN'T HAVE BEEN HERE FOR FIRST OR THIRD DAY OF TRIAL TESTIMONY... not here then... WELL YOU SAID HE CAME TO SUPPORT HER... she made decision to come by and support since mom and dad were excluded..... but then she couldn't..... TO MY LEFT, FIRST ROW IS BUFFER ROW, SECOND ROW IS MARTIN FAMILY ROW, CHOOSE WHOSE THERE AND NOTIFY THE SHERIFFS OFFICE, AND THEN ROWS BEHIND THEM ARE LOTTERY.... TO MY RIGHT FIRST ROW IS BUFFER, SECOND ROW IS ZIMMERMAN FAMILY ROW, SAME PROCEDURE TO AUTHORIZE WHO APPEARS, ROWS AFTER THAT ARE MEDIA... AM I WRONG? no. SAYING DONNELLEY WAS SEATED IN MEDIA ROW AND NOT FAMILY ROW? I had not met the man, I know he's on that side.... west can clear up those facts... pictures in the court on right side... offered to support George... WEST, PLEASE? 17:15:47 west: the issue of whether Donnelley was here... addressed.... Tuesday and Wednesday morning... I met Donnelley at deposition, able to recognize him, when we took that recess... he said good morning and we shook hands, first time I noticed he was in the court room.. omara wouldn't have known how to recognize him.... it was whenever that recess was.... mentioned to Donnelley that the court invoked sequestration and he had to leave court room... would not be able to attend court proceedings, apologized and would do that... didn't express knowledge of knowing the rule was invoked previously... responsibility of council or staff.... no question he wasn't informed, couple hundred witnesses on the list... efforts made to contact witnesses we'd likely call... Donnelley not on the list... that's it... I didn't tell Donnelley specifically prior to appearing that the rule had been invoked... I don't believe anyone from omaras office told him... no reason to think Donnelley flaunted or disobeyed an order of sequestration.... inadvertent on his part, some responsibility lies with myself or staff 17:18:35 as to Shellie Zimmerman issue... WAS HE SEATED IN FAMILY ROW, SECOND TO MY RIGHT? can't speak to that, wasn't seated when I saw him... standing in corridor exiting a row... when the rule was invoked and all of the Zimmerman family was excluded from court room.... because Shellie who the state did not call was excluded from these proceedings asked Donnelley to come in support of Zimmerman.... 17:19:44 omara: he was in the second row your honor 17:19:51 mantei: McKenzie case says violation with knowledge or consent of council, testimony must be excluded.... it was known the witness had been here, known he was told h head to leave... disclosed new testimony, changed, or added and the fact he had been here was disclosed neither to court nor the state... 17:20:51 sipio says only the court can determine it was not prejudice..... courts review to find that's exactly what happened, must be excluded.... two separate analysis... council knew about violation and not disclosed and if council did not.... crump was also forced to be absent and never called 17:21:51 616.1 IS RULE OF SEQUESTRATION... PROVIDES THAT COURT WILL DETERMINE A VIOLATION OCCURRED WITH KNOWLEDGE OF PARTY OR COUNCIL... MAY EXCLUDE WITNESS IF TESTIMONY WAS SUBSTANTIALLY AFFECTED, DIFFERED IF HE DID NOT HEAR TESTIMONY.... COURT IS VERY VERY VERY VERY CONCERNED THAT WAS FOUR VERYS ABOUT RULE OF SEQUESTRATION AND THE WITNESSES AND COUNCIL ABIDING BY THAT RULE.... WHETHER WITNESSES HAD THE KNOWLEDGE, BASED UPON WHAT I HEARD I DO NOT BELIEVE HE HAD THE KNOWLEDGE, HE WAS NOT SPECIFICALLY TOLD.... WITH A COUPLE HUNDRED PEOPLE ON WITNESS LIST, HARD TO NOTIFY ALL OF THAT ABOUT SEQUESTRATION... NOT EVEN 1 HALF OF THOSE WITNESSES WERE CALLED... CANT MAKE FINDING HE HAD KNOWLEDGE.... IF HE HAD CHANGED, CANT MAKE THAT FINDING EITHER... MOTION FOR SANCTIONS IS DENIED.... COUNCIL APPROACH FOR ONE MOMENT (sidebar) 17:29:09 NEXT ORDER OF BUSINESS IS PROPOSED JURY INSTRUCTIONS, SOME SUGGESTED CHANGES... COURT WANT TO GO THROUGH GENERAL INSTRUCTIONS TO HAVE AGREEMENT AS TO THOSE.... 17:29:36 THANKING JURY FOR ATTENTION AND PAYING ATTENTION IM ABOUT TO GIVE... ANY OBJECTIONS? no. no. MR ZIMMERMAN DO YOU HAVE A COPY YOU CAN LOOK AT WITH US? yes 17:30:04 STYLE OF CASE, SECOND PAGE IS WHAT I READ... WANTED TO MAKE SURE HE HAD A COPY IN FRONT OF HIM... STATEMENT OF CHARGE, OBJECTIONS? no. no. RESERVE TO HOMICIDE..... SUGGESTED CHANGES GIVE TO OTHER SIDE... SAME FOR SECOND DEGREE MURDER INSTRUCTION, RESERVED... POSITION OF FIREARM AND DISCHARGE CAUSING DEATH, ANY OBJECTIONS? no... omara: substantively no, depending on charge 17:31:15 LESSER INCLUDED CRIMES OR ATTEMPT, MANSLAUGHTER AND AGGRAVATED ASSAULT OBJECTIONS? no... omara: one to bring up tomorrow.... POSSESSION OF FIREARM AND DISCHARGE CAUSING DEATH, SAME AS ONE THAT? mantei: as it relates to aggravated assault...ANY OBJECTIONS TO NOT READING A SECOND TIME? mantei: as long as reference made that's the 10-20 life enhancement 17:32:46 JUSTIFIABLE USE AND DEADLY FORCE, SUBJECT TO DISCUSSION TOMORROW... TAKE INTO CONSIDERATION THE CHANGES CURRENTLY BEFORE THE SUPREME COURT....PLEA, OBJECTIONS? no. DATE OF CRIME.... VENUE..... WEIGHING EVIDENCE, 1-5... THEN 6-10... STATE REQUESTING 6-10? 8 should apply and I believe that's the only one... DEFENSE REQUESTING ANY OTHERS? none of those... testimony from state on inconsistency... THAT DOES APPLY 17:34:14 6,7,9, OR 10? no. no. EXPERT WITNESSES.....DEFENDANT NOT TESTIFYING.... DEFENDANT STATEMENTS.... RULES FOR DELIBERATION..... mantei: what we want to do with 7, no questions written that weren't asked... don't think 7 needs to be there. DEFENSE AGREE? we do... 17:35:28 NOTES..... CAUTIONARY INSTRUCTION.... VERDICT..... SUBMITTING CASE TO JURY.... STATES PROPOSED SPECIAL JURY INSTRUCTION, ARGUE TOMORROW... ANY OTHER PROPOSED FROM STATE? not at this time... omara: I was using copy.... LAST PAGE... OTHER THAN WHAT WE DISCUSSED, ANY OTHER SPECIAL INSTRUCTIONS FROM DEFENSE? no... NEED PROPOSED VERDICT FORM, GIVE A COUPLE OF SCENARIOS... LESSER OFFENSES TOGETHER, ONE THAT IS ONE OR OTHER AND INCLUDE FIRE ARM 17:37:03 ANY OTHER MATTERS REGARDING INSTRUCTIONS? no. mantei: defense requesting special instructions... JUST CHANGES TO THE CHARGES, EXCHANGED TONIGHT VIA EMAIL... TALK AFTER COURT ABOUT THAT.... PREPARE TO TALK ABOUT TOMORROW 17:37:38 TAKE MORE THAN AN HOUR TO GO OVER JURY INSTRUCTIONS? omara: hour or so... 17:37:54 omara: ask we delay closing arguments to give time to prepare for.... BEGIN CLOSINGS AT 1... STATE GO THROUGH, DEFENSE CAN DO CLOSINGS ON FRIDAY MORNING... STATE REBUTTAL FRIDAY MORNING.. AND DELIBERATE FRIDAY AFTERNOON.... WHAT TIME DO YOU WANT TO COME IN? 17:38:38 omara: 8:30? asking to change that.... YOU SAID YOU WANTED TIME.... START AT 10 ON INSTRUCTIONS, START AT 10:30 AT INSTRUCTIONS OR DO IT IN THE MORNING... NOT START CLOSING UNTIL 1... rionda: start earlier, mantei will be doing it..... prefer 8:30 or 9:00 17:39:29 COURT IN RECESS UNTIL 9... JURY IN AT 1... ANYTHING ELSE TO TAKE UP? omara: does it not make sense to start closings Friday morning... TOLD YOU SCHEDULE BECAUSE IT MAKES SENSE TO ME... YOU INDICATED MORE TIME, NOW YOU HAVE IT AND STATE DOESN'T NEED ANY MORE TIME.....RECESS UNTIL 9 AM 17:40:23 COURT IN RECESS ============================ OMARA PRESSER: 18:00:00 afternoon... once again, not much to say to start out with... glad were done with presentation of evidence... fun part of the trial, I get to argue.... nothing to do with evidence, let jury make decision 18:00:31 george's decision to not testify, seemed hesitant? no were done and a big part of him wanted to get in front of jury and say this is what I've done and why I did it... give his side, very difficult decision for him to make... with the evidence the way it is, I think we have a good chance with jury... already given story and statement 5 or 6 times.... 18:01:26 leaning toward wanting to testify? wanted to tell his story and interact with them, this is what was happening to me and why I wanted to do it... give doctors the scalpels for a reason.... 18:02:07 work so hard to get the judge.... marijuana evidence? judgment call all along the way, relevant.. don't think it...... should be available to us if we decide to present it.. hope everyone believes we presented this case in a way that did what we could to defend George but still protected the memory of a 17 yr. old son.... focus on context of being respectful to the event... impact on decision a lot 18:03:21 lesser charges? doesn't apply.. self-defense applies to all... what happened out there was not a crime, shouldn't be 2nd degree murder or any lessors... what George did was intentional act, why he did it was self-defense... not man slaughter charge 18:04:02 wanted to respect martin but bring up the texts? in like form, make sure that was our decision... judge should've left that to our discretion, respect her decision... reason for wanting it as an option 18:04:34 animation used in closing statements? sure, why not.. great piece of demonstrative tool... vantage point movie connection root said is perfect... present as one cohesive form 18:05:06 clients state of mind knowing fate will be decided? worried... we still have a case where he's trying to be put behind bars 18:05:29 Florida's 10-20 law apply? it doesn't, need a conviction before it applies..... 18:05:51 strongest part of your case? that George had no alternative, did what he had to do to protect himself from great bodily injured... if we presented evidence that helps jury understand that 18:06:21 expect rebuttal from state? no were done... no further evidence, not moving forward... no further rebuttal or sir rebuttal 18:06:37 what happened with crump? judgment calls.... wanted testimony and as a witness fit that in... overall context of how you present this defense case... 200 witnesses and only 80 called... 18:07:12 lesser charge? concerned with that? absolutely... I do not want jury looking at this and feeling that a loss or sympathy should be considered.. affirmative and just decision, no pardon for my client or compromised verdict... evidence they should get.. follow law and apply the law 18:08:01 Zimmerman on the fence to testify, not confident with case? no he was confident, desired to talk to the jury 18:08:18 what lessors? manslaughter is category 1, aggravated assault.... only ones considered 18:08:37 manslaughter with gun and without gun? correct all variables 18:08:49 not accessible to jury? correct 18:08:56 downside for defense to bring in marijuana evidence? hard to say to take string out of tapestry... didn't seem to be significant enough to make the focus on that... concerned on juries sensitivities... taking into consideration what the jury will view.... look at that and weight positives and negatives 18:09:45 intention all along to begin with Georges mother and finish with his father? no. 18:10:01 plan to get on the dummy? the doll, no it was impromptu 18:10:12 discovery misconduct, where did their actions hinder you? in a lot of ways I could say easily, phone evidence we got late... background work to make it admissible... scraped through it, took what we got and fought till what we got what we needed... still a pretty decent case 18:10:55 typical amount of time? reading the instructions, feels like forever but it's probably 10-12 minutes... copy can go back with them 18:11:23 if either side request, judge has to include it? category 1s are mandatory, but judge has to make determination there's fact to support it... can't ask for marijuana possessed by George, no facts to support it... no facts to support lesser 18:12:11 sentence? range from life in prison or a free man 18:12:22 face up to 30 years upon one consideration 18:12:33 no that's 1 not problem, but concern is we can't advise them as to the penalties... up to the judge 18:12:52 this jury listening attentively and will listen well to the instructions, apply facts to the law.... 18:13:09 she can still tell them discretions? no no she will not.. nothing mentioned to sentencing 18:13:23 parents in court? very emotional 18:13:30 still be able to have a life? I think that he's worried about safety going forward, same people of fear and hatred are not going to accept acquittal but they should cause the system is working 18:14:08 I think there's a question of semantics or words.... always needs to account with defendants conversation in council... wasn't substitutive 18:14:35 neighbor whose house was broken into, didn't connect them to... what was that about? not aware of this but the last years' worth of burglaries now of evidence.... jury has to consider last years' worth of alarms going off... she was one of most recent victims and more horrific of home invasion... necessary to present 18:15:31 hearing about restraining orders and the assault? state was considering that for rebuttal and decided not to 18:15:47 mentions of don wests daughters? we've been cautious to this whole thing.... last week with racially insensitive event, it wasn't.... picture was taken 2 days before jeantel testified.... cautious in the future.... willing to talk 18:16:32 surprised prosecution ended up with so few rebuttal? they're rebuttal is directly connected to what we represent.. we had a lot of voice witnesses... dr di maio's event how it occurred... in their minds had presented enough Following a night of tension and arguments in the courtroom, this morning the George Zimmerman trial will resume on what is likely the last day of testimony for the defense. Judge Nelson ruled that the animation of the incident the defense wanted, can come in, but not as factual evidence, just a demonstration. She also ruled that the text messages in Trayvon Martin's cell phone would be inadmissible. Once the defense rests, the state will have a chance at a rebuttal, which is expected to take half a day.

DVD NEWSFEED: 4/17-21/2008 POPE BENEDICT XVI, BLACK WIDOWS TRIAL, NM WILDFIRES,GASOLINE HIGH PRICES VARIOUS ;DX-EXT AERIAL HILTON HEAD SC, GOLFING IMAGES OF PGA TOURNAMENT, MAKES THE PUTT, BIRDIE, GOLFERS, CROWDS IN BG ;DX-EXT IL PRO-BASEBALL REDS/CUBS TOM ARNOLD PITCHES BALL, YOUNG GIRL IN STANDS WATCHES;DX-EXT DC, POPE BENEDICT XVI VISIT, greets officials, speaks to crowd about sex abuse scandal ;repeat Pope's visit DX-INT DC, POPE'S SPOKESMAN ON MEETING WITH ABUSE VICTIMS, T/H DX-EXT DC, POPE BENEDICT XVI, LEAVES CATHOLIC UNIVERSITY IN POPEMOBILE, WAVES TO CROWD SECRET SERVICE ON FOLLOW VEHICLE ;DX-EXT MI UAW STRIKE, crowds of protesters and people with pickets, t/h interviews workers;DX-EXT OH POPE BENEDICT XVI, SERVICE, STUDENTS, Nun, t/h from students ON the pope's visit ;DX-EXT NC ENVIRONMENT, Catawba river endangered aerials of river and trees, aerial view of river, goes to dusk ;DX-TX CAMPAIGN 2008, GOV. NEWSER ON RACE, confident John McCain is the best choice to lead America, RGA ;repeat of Baseball Tom Arnold pitches ball ;HEALTHWATCH adhd HEART CONCERN PKD dumping out pills, measuring drugs, cu of blood pressure machine, stethoscope ;repeat of above, images of ECG or EKG outcome on paper readout ;CAMPAIGN 2008, AL, McCainvists school in Thomasville, greets parents and kids, shakes hands, kids chant USA;DX-EXT CA DOG ABANDONED BY FORECLOSURE OWNER, rescue by ASCPA, empty bowls no food or water ;DX-EXT CA BLACK WIDOWS MURDER TRIAL, suspect put into car,Olga Rutterschmidt, Ellen Golay ;DX-INT NV, LOST DOG REUNITED WITH OWNER, AND OTHER PETS, COCKERSPANIEL TYPE OF DOG, T/H OWNER ;DX-EXT NM WILDFIRES GROUND VIDEO, CU OF SPRINKLER, VARIOUS RESCUE VEHICLES, HELICOPTER TAKES OFF ;DX-EXT NM AERIALS WILDFIRES, SMOKE AND FLAMES, SCRUB BRUSH, MTNS, FIRE RETARDANT DROPPING PLANE, SEVERAL PASSES ;BRAZIL SEARCH MISSING PRIEST, LEADING PRAYERS, HOMEMADE BALLOON VEHICLE LAUNCHED, AIR SEARCH FOR MISSING PRIEST ;SC ST. SENATOR DUI ARREST, NX-POLICE VEHICLE, TALKING TO SENATOR, READING HIM HIS RIGHTS, POLICE VIDEOTAPE ;DX-EXT SC SCHOOL THREAT t/h, police on phone, crime scene investigation nothing much happening ;DX-INT TX, SCAFFOLDING COLLAPSE LAWSUIT NEWSER, PRESS CONFERENCE T/H ;CAMPAIGN 2008, PA, HILLARY CLINTON, campaigns,speech, crowd claps;MEDICAL HEPARIN FILE, BAGS AND BOTTLES, OF HEPARIN, vials,map of China, lab had no operating license, FDA bldg ;DX-EXT CA PROTEST CA STUDENTS OVER BUDGET CUTS, students protest on campus, orderly crowd, woman w/megaphone;DX-NYC LAURA BUSH ATTENDS FIRST BLOOM EVENT, talks to children,plants bulbs in park w/children, w/park rangers, speech;DX-LA GW BUSH AND CANADIAN PM STEPHEN HARPER, seating and talking with each other, trade between US/MEX/CANADA :NX-VENEZUELA BOMB SCARE CANCELS FLIGHTS, empty airport, planes parked on runways, very dark images , Air Europa ;DX-EXT CA, STEALING GAS FROM STATION TANKS, clean-up after gas stolen from tanks at gas station, firemen sweep up ;HIGH PRICES OF GASOLINE, people pumping, signs with prices of gasoline, $4.19, t/h gas prices ;DX-INT OK, WOMAN CHARGED SEX WITH TEEN, BOOKING PHOTOS, playground, elementary school ext, t/h officials ;HIGH GAS PRICES,SIGNS, $4.09, t/h about prices, lots of signs, graphic of prices, cars on freeway, pumping gas ;

Dad of teen drink drive victims campaigns for life bans (Footage by SWNS via Getty Images)

--TEASE--\nI'M JOHN LORINC.\nETHAN COUCH IS SCHEDULED TO BE FREED FROM PRISON TODAY.\nHE'S THE SO-CALLED "AFFLUENZA TEEN" WHO KILLED FOUR PEOPLE IN A D-U-I ACCIDENT IN 2013.\n --LEAD IN--\nTHE SO-CALLED "AFFLUENZA TEEN" IS NO LONGER A TEENAGER......\nAND HE'S SET TO BE RELEASED FROM PRISON TODAY.\nJOHN LORINC REPORTS.\n --REPORTER PKG-AS FOLLOWS--\nETHAN COUCH WILL BE OUT OF PRISON, BUT UNDER CLOSE WATCH....SAYS INVESTIGATIVE REPORTER KATE DELANEY.\nVoice of Kate Delaney/Investigative Reporter\n"He's got to have that GPS monitoring, he's got to have that anklet around him. He has a curfew so he can not out anytime between 9 p.m. to 6 a.m."\nFIVE YEARS AGO, WHEN COUCH WAS 16, HE KILLED FOUR PEOPLE IN A D-U-I ACCIDENT.\nHE WAS GIVEN TEN YEARS' PROBATION AFTER HIS LAWYERS ARGUED COUCH'S RICH UPBRINGING MEANT HE COULD NOT UNDERSTAND THE CONSEQUENCES OF HIS ACTIONS.\nCOUCH EVENTUALLY SERVED TWO YEARS IN JAIL AFTER A SERIES OF PROBATION VIOLATIONS.\nI'M JOHN LORINC REPORTING.\n --TAG--\nCOUCH'S MOTHER, TONYA, IS CURRENTLY AWAITING TRIAL ON A RANGE OF CHARGES, AND IS BEING HELD IN THE SAME JAIL.\n -----END-----CNN.SCRIPT-----\n

Lead: Some new laws concerning drivers licenses and D-U-I standards go into effect in Georgia tomorrow, July first. Whei Wong reports from Savannah. --take pkg--

INT BROLL GEORGE ZIMMERMAN TRAYVON MARTIN TRIAL / SWITCHED POOL FEED KATIE HUBER LOG **NOTE: JUDGE'S COMMENTS IN CAPS **NAMES OF WITNESSES IN RED **VISUAL DESCRIPTIONS IN (PARENTHESES) **GOOD STATEMENTS/VIDEO BOLD 8:58:40 PLEASE BE SEATED. GOOD MORNING 8:58:50 omara: approach on a couple issues before the jury comes in... SURE (sidebar) 9:11:24 READ CASES BY DEFENSE.......... AND THE CASE PROVIDED BY THE STATE........ FIRST OF ALL IM GOING TO PROVIDE RULING TO ANIMATION, STATES OBJECTION IS SUSTAINED... CAN BE USED AS DEMONSTRATIVE.... FOR CONNOR, INFO FROM HIS PHONE.... COURT FINDS THAT SUBSECTION DOES NOT APPLY, STATES OBJECTION IS SUSTAINED..... I NEED TO ADVISE YOU ZIMMERMAN TO YOUR RIGHT.... RIGHT TO REMAIN SILENT, RIGHT TO TESTIFY IF YOU WANT TO, MAKE THAT ALONE BY YOU.... MAKE SURE YOU'RE HAVING CONVERSATIONS IF YOU WANT TO TESTIFY, JUST NEED TO KNOW YOU HAD THE DISCUSSIONS AND ASK YOU ABOUT THAT LATER.... 9:13:46 west: the text messages, 90.903 was not the only basis... it is relevant evidence, no hearsay objection that could trump the constitution when powerful evidence is offered... COURT MADE PRE-TRAIL RULING, THAT RULING STANDS AS DOES THE RULING TODAY...... 9:14:32 READY FOR JURY? yes. yes 9:14:42 BRING THE JURY IN.... 9:18:03 PLEASE BE SEATED.... WELCOME BACK, QUESTIONS: DISCUSSIONS ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS ABOUT CASE? NO HANDS RAISED. READ OR CREATE SOCIAL MEDIA? NO HANDS RAISED. USE ELECTRONIC DEVICE FOR RESEARCH? NO HANDS RAISED 9:18:58 JUROR E6 IF YOU NEED TO LEAVE THE COURT ROOM, JUST LET US KNOW AND WE'LL TAKE A RECESS....... CALL NEXT WITNESS... Dennis Root 9:19:31 (sworn in) 9:19:49 omara: good morning. name? dennis root. 9:19:59 occupation? self employed as a safety and law enforcement trainer, private investigator and expert witness 9:20:16 begin at beginning and tell us how you first got involved in law enforcement? in April 2011 I retired after 22 years of service, began in Riviera beach.... road patrol, offered opportunity to obtain instructor certification for defensive tactic.... subsequent training courses for pepper spray.... leading tactics 9:21:25 as you go through it, advise jury what you mean and science behind impact weapons? batons... side handle baton to expandable baton... metal or wood, geared toward those for striking and blocking 9:22:02 ways to actually use those weapons? impact weapon and all weapons basic operating certification... teach them laws surrounding use of the system, how to carry and present, and utilize.... striking or blocking, take down and things like that.... educate operator on target areas..... designed to educate operator on how to properly use for defensive and offensive needs 9:23:18 level of proficiency that allowed you to train others? yes... instructor and instructor trainer and an instructor level course... I teach the instructor of the instructors... master level trainer 9:23:55 initial law enforcement career beginning with Riviera beach? yes sir. what else? while there I became defensive tactics instructor, required state course...... also became instructor for pepper sprays, trainer's course to teach the basic course.... similar nature as you do with impact weapons 9:25:00 concept of force continuum? systematic approach to escalation and de-escalation of force options.... all events start with someone being present, evaluate each level... break down for the aggressor and the officer or aggressor and defender.... various levels of options available to the individual.... personal information like age height and weight, background and environment considerations.... if I were to do a you would be permitted to do b... structured system 9:26:38 information you learned as law enforcement officer and now teach? yes.... first topics they go over is the law.......... bat belt, gear wrapped around them... average person doesn't.... essence remains same, but availability of options changes 9:27:40 learned as rookie? training on force begins in police academy... high liability classes... key based building blocks that starts in police academy and never ends.... various weapon systems and communications.... all things officer can utilize in their career, maintain level of proficiency 9:28:32 continue with certifications? in Riviera I was on site traffic unit... teaching DUI as well, certified with DUI stops and things.... created training program on that.... how long were you with? 5 years 9:29:18 any other specialties or training focuses? while there I attended conferences geared toward defensive tactics.. fell in love with the topic, knew it was something I wanted to do for the rest of my career.... became an instructor for vascular strengths... choke holds..... ink pen knife defenses..... way to utilize pen in defensive measure if you can't transition to firearm 9:30:38 any other? no that's pretty much it there 9:30:50 have something marked if I might your honor..... resume or cv? yes. helpful to have it available to you? it could... it's my life so I'm pretty clear on it 9:31:28 move forward after Riviera? Jupiter police department, road patrol duties. how long? that was just under a yr... opportunity to take on lead role as defense tactics instructor 9:32:13 defensive tactics is how somebody would defend against someone else? it's fighting. fighting that reduces injury to yourself? yes..... utilize force it's in response to someone's action... some offensive techniques.... but normally wouldn't just approach someone and start a fight 9:33:06 always on 3-11 shift where it was busy... in Jupiter, seniority basis so I did midnights.... I have a condition that doesn't let my body change, couldn't adapt to midnight, told administration about it... extended me opportunity to move to 4-12 shift... a lot of strife in my career, more senior people ahead of me... better idea that other options were presented 9:34:11 short duration due to disciplinary? none whatsoever 9:34:25 went from Jupiter to where? martin county sheriff's office... juvenile boot camp... unique opportunity to work with kids. what did you do? started as drill instructor, because of background and experience... asked to take over training aspect of the program... given responsibility of sanctions unit, probations officers.... promoted to sergeant and ran that until road patrol and other opportunities in sheriff's office 9:35:46 any other certifications and training in law enforcement focus? opportunity to experience just about everything, training unit, criminal investigation, traffic, road patrol, canine unit, entire process was also ancillary instructor.... became instructor with Taser international... started teaching instructor courses for that..... use of force specialist. Or training standards... take experience of other deputies involved and turn into training opportunities..... dedicated most of my time to continuing my training and force related topics... tactical shot gun instructor..... took on responsibility on the local academy.... corrections and law enforcement tactics 9:37:57 teacher and mentor stepping down allowed for me to get lead position...... obtained 2 yr. degree in criminal justice, teach instructor level classes at colleges.... 9:38:30 use of force specialist.... continuum of force and how and when to use force? yes... my job was to develop use of force training.... defensive tactics.... 9:39:28 continued and went back for regional trainings.... annual certification courses...... NRA courses.... became state licensed firearms instructor... teach armed security courses........... communication..... how to communicate in a way that's not aggressive.... worked closely with lieutenant of programs 9:41:05 proper ways to handcuffed people? yes.... handcuffing someone is putting restraints, too tight can cause injury..... good side is the one that moves, use bad side to make contact can cause injury.... 9:41:46 use opportunities or situations as training exercises....? not just when they do something wrong, but also correctly..... I get handed paperwork, here's what happened... speak with officer and supervisors, if something wrong, reeducate them, but also use opportunity to remind others how to do it.... unique situation for officers... look at face value and create training scenario to put others through controlled event 9:43:00 continued your experience.... continually focus on those events and you became go-to person for those? the agency, state attorney's office, I was the person that I was given opportunity to provide and review..... taught at or been with other training programs.... developing policy for first time I would get phone calls on how their policy should be written.... person that others came to, testified to grand juries... 9:44:28 other certifications through time with martin county? I try to find instructors course for everything... if you can teach it you can form it better... canine handler, became canine team instructor..... knife guns, batons.... weapon system I had opportunity to provide training with it.... impact, Taser... I became instructor... 4 courses I created and teach myself 9:45:56 aside from that, any training or expertise in general fighting.... not law enforcement but still assist you? I started martial arts training when I was 13, became semi pro kick boxer, super fight in Orlando... physical conduct, 2 older brothers and I was beat up.. bring that personal experience.... martial arts, kick boxing... training with Chris Anderson and rico, train with them and learn from them... continued on. involved in martial arts organization, privilege in developing firearms related to martial arts... samurais are accurate but toward end they were using firearms.... dennis Richie runs an organization to bring through all of those.... 9:48:03 ever take opportunity to score with your brothers? I did, I lost... through our transitions and schooling he realized it was better to leave me alone.... he knew better 9:48:32 with martin county, completed with them? yes, retired in April 2011 9:48:43 last few years with martin county, focus on assisting the county on dealing with forced events? even after retiring, opportunity to continue training with agency... started my training company, law enforcement and civilian training 9:49:34 did that include opportunities for use of force events? have had our fair share... at tenure, approached by state to give opinion in grand jury.... brought in by our agency to meet with attorneys group for evaluation of use of force to determine whether I considered it reasonable or not 9:50:53 experience with presentation to grand juries, what would you do? given all of the evidence, written reports, any cds photos videos, all the evidence........ job is to evaluate from every perspective possible.... be given all the evidence, formulate opinions to how I thought it went.... to be reasonable or not.... state ask for my opinion and I would provide based on my background experience 9:52:29 how many occasions to present testimony? 6 different times...... 9:52:42 exhibit RR and identify that? that's my CV 9:53:04 DEFENSE EXHIBIT RR WILL COME IN AS 24.... 9:53:14 regarding testimonies with grand jury, we had discussion to what you will testify today? yes 9:53:28 how you and I first got together, witness in this case? I reached out to Mr. omara when I saw the case unfolding like others in the media... had unique interest in it.... didn't know what happened, reach out to him cause I thought I had a unique perspective to come to realistic conclusion on things... render my background experience to see if it help.... 9:54:17 my experience has been reaching out to defense attorney as a former police officer... plenty of experts available... reached out to him because if I reviewed the material and couldn't offer opinion I wouldn't hinder, but if I could be of assistance I knew I could.... 9:55:07 began working together on this case? yes 9:55:12 what you would want available to you and what you got? I request everything that I can... look at it from as many perspectives as possible... their upbringing, background, lifestyle.... as much info as possible, photos and witness statements... so I can see a complete picture, not one guided from one to another.... experts job is to look at everything 9:56:17 in this case, what did you request and what was given? everything I requested was provided.... 911 calls, reports from law enforcement, ME office... anything written down to get insight from witnesses that provided statements but also the investigators.... sometimes you can think of a question and you didn't know it but another investigator asked... crime scene photos there, everything I requested I can't think of anything I wasn't provided 9:57:32 witness statements produced from law enforcement? yes. deposition transcripts? if available, yes 9:57:54 receive police file? to the best of my knowledge I've gotten everything.. don't know what you don't know, but I believe I got everything 9:58:16 autopsies concerning injuries? yes. pictures of martin and Zimmerman? yes 9:58:28 opportunity to review any of the scene mock ups or drawings? only scene drawings I saw were from investigators.... no state mock up 9:59:20 opportunity to review video, audio and written statements from Zimmerman? yes I did 9:59:34 did you get entirety of information you requested? as far as I know... anything we said we didn't want you to have? no...... 10:00:09 TV interview... either not seen it, when guy asked me about it... since then I have viewed it... Hannity interview? yes. jury has reviewed that.... 10:00:41 enough information in this case to review the info and focus opinion regarding events? yes. 10:00:57 in the overall scheme of cases, is this less than you normally review, average? this is average for significance of this issue... a lot of material but on average you're going to get a lot of data 10:01:29 narrow their focus to their area of expertise.... lay foundation for jury, what filter to focus the info that's relevant for you and your opinion? background training or experience.... totality of circumstances known today... my training company is mainly individual training, I take all of that experience and use that to filter information, plus 20 years of law enforcement 10:02:47 done in this case? absolutely 10:02:53 what information available to you assisted...... focus based upon the event surround the intersection of Zimmerman and martin? primary focus area 10:03:14 altercation and the shooting? correct 10:03:22 walk jury through what information you looked at and then found relevant to assist you? first thing I utilized is the initial calls that come in... establish timeline for events.... helps to understand issue.... what some may see or hear doesn't mean they didn't see or hear... different perspectives....... initial witnesses with key witnesses..... 10:04:28 in depositions and prior conversations the identity of witnesses was confidential..... that restriction is relaxed, names are available.... identify them by name? I reviewed all of them, from lauer, good, bahadors.... I listened to every audio recording from the 911 calls that came in as well as witnesses.. compare to where on timeline it would fall... 10:05:55 attention called to event because of screaming, certain things already took place because of the screaming... filter in the situation witnesses who stepped out and interacted............. 10:06:35 as to the witnesses you viewed.... your training and experience, how do you view witness statements and whether or not you can guarantee accuracy or not? very fluid... based on perspective... movie fanatic, vantage point... showed one single event from 8 different perspectives... that's the reality, begin to listen to statements made..... initial interviews, usually getting the most raw information, most immediate access, no other stimuli... separate witnesses.... you may sway to my perception... those are usually most raw, not always complete, but essential elements... deep in their mind 10:08:42 if they have subsequent interview, see things change a little bit... remember perspective..... hot pot theory... if I took pot and placed in freezer, ice cold and cold on your stove... if I asked you to pick up the pot and move it, feel that temperature your letting go... some will test it.... brain took into account what they perceive what's a pot... still believe it's hot because of surroundings...... put into their shoes, merge their perspective with the perspective of another coupled with physical evidence 10:10:46 run into situation with conflicting statements, understandable or deceit? conflicting statements are normal, also normal from people involved in the event... high stress event.......... some people want to live in bubble, don't want to accept certain things happened.... look at essence.... slight deviation, look at context in its presentation.... based on perspective, always going to have those variances 10:12:33 surdyka's event...... Objection! Improper! ILL LISTEN TO NEXT QUESTION.... thought she heard 3 shots? yes. cause for concern? Object! Commenting on Another Witness.... APPROACH (sidebar) 10:15:30 review of surdyka's statement, pop pop pop.... concern or fit into different perspectives? it didn't raise concern.... someone talking about multiple sounds in enclosed areas or not wide open... not uncommon it sounds like many... bouncing off buildings or alcoves..... perceptual deceptions... use law enforcement experiences... second guess themselves... it alters manner they are receiving... natural human response.... people will experience memory issue... how they perceive it... make the best sense of it 10:17:16 how you filtered in to the event that was the focus, the altercation? lauers 911 call and most information in the event, coupled with photos on injuries... those statements, calls, and injuries.... match things up bring into perspective does this lead to this.... someone involved in physical altercation..... if I heard one of the other statements that coincided... lady interview indicated she saw flailing arms, coincide with what was seen by good. Objection! omara: ill move him on 10:19:18 explain to jury... what elements in this event were of relevance to you, environmental, size.....? focus into perception... environment lightning conditions, injuries sustained by Zimmerman.... look at dynamic event from a-z... if it continued and you had unrelenting attack.... my interpretation is taking into account, forming beginnings... consider individual on their back, striking, throwing blows... pushing... driving the person down, what the perception might be at that time... if I was in those shoes at that time, efforts to gain assistance... what would be their response 10:21:19 what information did you have from discovery as to environmental status? lighting was poor, wet.... dark behind buildings, isolated... wet conditions rain ground water slippery, isolation of individuals in the dark....... 10:22:17 utilized Zimmerman's statements that he was struck first as you moved forward? yes.... that's what I used he was struck first, yes 10:22:33 any other evidence in that regard? as far as striking taking place... Objection! Improper! SUSTAINED. REPHRASE 10:22:57 look at any photos of Zimmerman to assist in making opinion that he was struck? without question... when reviewing photos of Zimmerman, consistent with information provided 10:23:22 also look at location where exhibits were found near the T intersection? yes.... small flash light found near the T intersection..... Zimmerman's keychain and flashlight? yes. assist in determining where or support where altercation began? Same Objection! omara: it's his opinion... guy: asking if it supports. omara: I'll ask a different way 10:24:15 assist you in determining where the altercation took place? of course, look a totality of combat event... something caused him to drop that item in that location 10:24:39 did you have an opportunity to view the composite showing the sidewalk going down the center? yes. pictures in that regard as well? yes 10:25:00 pictures regarding injuries to his head? I did. assist in forming your opinion on how those injuries were inflicted? absolutely... consistent with a physical fist fight.... not an actual weapon used... based on my training, consistent with fist fight 10:25:38 consistent with head being struck by anything other than fist? Object! SUSTAIN 10:25:58 looking pathway and the bodies, did that assist you in determining where the altercation ended? yes. very clear. where? ended up in the grass... from concrete to grass, outside good's townhome 10:26:26 in y our consideration of use of force event, consider relative size and physical abilities of 2 individuals? absolutely.... look at force continuum... individual factors, age size, gender.... special circumstances............ 10:27:25 did you have information made available about Zimmerman? yes. what information you reviewed to assist you in that analysis? spoke directly with Zimmerman once and I spoke with his gym owner, inquiring as to his background training and experience was.... if I was dealing with chuck Norris I would expect different response than dealing with Peewee Herman.... 10:28:29 I presume the two of you can speak the same language in kick boxing training? yes.... what information from him about Zimmerman's ability? didn't have any... described as being a very nice person but not the fighter.... 10:29:07 we deal with warrior mind set, dedicated to very end... dedicate life, ability, and training... some are natural born athletes.... interactions with Pollock indicated Zimmerman's training was limited to that gym, physical ability... class of convenience, never working a heavy bag... grappling he went from bag to partner... grappling you can tap out... boxing you get punched and injured, he didn't have physical ability to box another person.. shadow boxing and heavy bag were best for him 10:30:45 anything further you became aware of? no sir just what the gym owner provided me with 10:31:08 focus on martins physical size and that was relevant? telling about an individual than age.... nothing indicated that martin wasn't physically capable.. looked at size and weight, comparable... overall good physical health, physically fit... compared to Zimmerman who was losing weight, not to be physically fit.... in reviewing documents provided, photos can't tell you everything... read in discovery that fire paramedic estimated martin to be 20s.... I interpret photograph, I'm not standing next to him... use that as reference 10:32:56 what are your thoughts on comparison between the two in their physical abilities? martin was active and capable... Zimmerman is individual by no stretch an athlete... find himself lacking when compared to martin 10:34:08 length of altercation? of course I did... any combat event, if you have not won in 30 seconds, change tactics..... not able to win in first 30 seconds, change tactics... you only have so much gas in the tank, can only do something you have experience... not that you lost.. just change tactics, can't succeed in 30 seconds you are diminishing on return physically 10:35:27 given period of time on 911 call... about 40 seconds of time... long time for physical altercation... plays into decision making of anyone involved 10:35:52 did event of someone screaming, impact at all in you how you perceived the altercation? the shrieks for help indicated high level or stress and fear... 10:36:18 the length of them? it lasted forever.... as taser weapon instructor 5 seconds to our personnel... at the end of the 5 seconds the one who endured it will tell us we held it for longer... 40 seconds is eternity when involved in physical contact 10:37:12 discharged firearm? yes 10:37:17 look at discharge or event, context of what you have done with officer involved shooting... something you focus on that leads up to discharge or firearm? yes 10:37:41 what leads up to it.... was discharge of firearm itself instructive at all to you? based on information I reviewed.... 10:38:13 understanding he shot it once? yes. 10:38:21 unusual to stop at 1 or in your experience, matters with others you've looked at? Object! Improper, Relevance. SUSTAIN 10:39:00 discharge of firearm, evidence he acted in ill will, spite or hatred? Objection! PLEASE APPROACH (sidebar) 10:41:22 whether or not the firing of single shot evidenced ill will or hatred.... 10:41:43 looking at the fact the gun was fired at close range.... how far away the gun was? yes. what is that? it was within 6 inches 10:42:07 as premise, it was close range and shot once... evidence to you ill will, spite or hatred? no 10:42:31 in your background and training and experience of people involved in shootings, how are law enforcement shootings handled as far as interview? with law enforcement... Objection! Relevance! TO PUT INTO CONTEXT, LEEWAY 10:43:09 majority of your experience and training is because of your law enforcement background deal with law enforcement events? yes. handle non law enforcement? yes. majority are law enforcement? yes 10:43:48 realizing that and using broad base with shootings... concerns that exist with interviewing person being involved? memory issues... primary concern is people involved in high stress event, critical stress amnesia.... 10:44:39 interviewing those people? how accurate the information is going to be, have they compartmentalized the event and accept what's taken place.... always the problem that if I was involved in shooting and gave statement an hour later... memory is evolving... have varied statement, slight changes if too much is given to a change... may take me some time of what took place 10:45:45 procedures in place to safe guard against concerns? Object! Relevance.. omara: ill rephrase it 10:46:04 are there policies or best practices as to delay period or time concerns? any kind of delay..... general practice in anything made 10:46:47 waiting periods for in depth interview? training regimens, teach classes on force.. talk to them about use of deadly force, always explain remember you won't remember everything, could take you up to 72 hours... always caution law enforcement.... don't want anyone to misinterpret statements 10:47:35 does that give to the state? Yes. Objection! 10:47:53 assisting departments you've assisted, as law enforcement or expert witness.... do you have opinion concerning whether a delay to occur results in more accurate statements? get a better statement from someone 10:48:31 omara: good time for morning break? THEY'RE GOOD... omara: still ask for a minute if I might? YES 10:49:24 another area I didn't go into... your firearms training... fairly well trained in all areas of weapon systems? yes sir.. teach others? yes. individual trainings for basic hand guns.............. 10:50:01 identify gun in this case? yes. Caltech 9? yes 10:50:08 based on your training, appropriateness for self-defense or lack of? any firearms... for self-protection any firearm is good with the right training 10:50:52 focus on the safety, working knowledge of gun without seeing it? yes.... 10:51:03 weapon that doesn't have external hammer? correct. no external safeties? correct. safe weapon to carry? of course. what safety? person holding it.... only way firearm will discharge is it you squeeze trigger all the way to the rear..... various products available with external safeties... downside to that for personal safety, under high stress events your brains not going to remember to flip the safety before utilizing the firearm.... having those external safeties actually create a problem, double action only.. no hammer to come back and go forward.. have to intentionally put hand on trigger.... has hammer block, have to hold trigger all the way to rear.... firearm is safe as the person holding it.... it can be safe weapon, variety that are manufactured.......... Caltech pf9 has a 5 lb. trigger, good standard.... 10:53:33 testimony of 4 1/4 lb. good range? yes.... how they're achieving their numbers is beyond my scope 10:53:59 internal holster for concealed weapon, unsafe to carry weapon? concealed weapons permit it to keep it concealed.... outside belt line, shirt or jacket has to cover... in pant holster.... slide into the pant line, makes it easier to conceal so you don't have to have a jacket, have a pull over shirt... preference issue 10:54:53 in your firearm training, is it safe or unsafe to have a round chamber should or shouldn't? debates.... having a round in chamber means you can discharge immediately... if not in high stress you have to remember to feed into the chamber... under threat no time to work it, not the memory to load into chamber... carrying with magazine full and one in chamber is the best way to carry a firearm.... the weapon is not loaded if you pull the trigger and not happens....... carrying without a round in the chamber, why carry it 10:56:49 appropriate to put additional bullet into the magazine for a full magazine? carrying a firearm and it will hold 7 rounds in magazine and 1 in chamber... load the chamber and make sure the magazine is fully loaded... designed to carry 10:57:21 bullets, experience with those? experience with ammunition, not ballistics expert 10:57:35 is that appropriate to utilize? yes. 10:57:43 look at round nose bullet, good chance it won't mushroom.... when it impacts it widens out.. stops inside the soft tissue... hollow point, when it hits it helps it widen out, less likely to exit.... deal with one person and now worrying about the background 10:58:46 in a strange way, hollow point bullet, cause injury to first person... less likely to cause injury behind initial target? yes less likely to impact the second person... nothing further CROSS 10:59:26 guy: opinion is because the discharge was once it's not ill will spite or evil? correct 10:59:39 opportunity to listen to non-emergency call? yes. refer to the person as an asshole? yes. as a fucking punk? yes I did 11:00:02 realize that defendant didn't know martin? I do know that, yes 11:00:11 terms fucking punk and asshole to a stranger don't evidence ill will? too much weight... reference in that statement was addressing his frustrations from previous calls where the individual got away..... doesn't mean they mean ill will 11:00:48 target of frustration was martin? I would say the comment in my opinion, frustration voiced by numerous calls... wow these fellows always get away... I don't know his general speech pattern, not ill will 11:01:18 conversation with defendant? I did. did he call you a fucking punk? no. an asshole? no. use those terms at all? I don't recall if asked about that... no in his conversation with that? I don't recall if it came up about that tape 11:01:53 did I understand you to say, responsibility of firearm is the user? sure. irresponsible user is really dangerous? sure 11:02:16 connection with this case, you reached out to defense? correct. tell the jury when you started your consulting company, what you do now? I started consulting work 2011 2012... in 2013 I started the firm.... 11:02:58 earlier this year? yes. 11:03:02 when you contacted the defense, this case was getting national if not worldwide attention? of course... there would be live coverage if you testified? yes. assuming those are working, you're on live TV? yes. and the name of your company? yes. good for your company? I see where you're going, it's good for my company but not the same options as approaching the state in the same way 11:03:51 anybody who's seen anything in the case, it's getting media coverage... done hw on me, I'm dedicated to finding truth and supporting it... approached omara because I knew the state would have access to someone like me with no issue, not the defense..... say I found I wouldn't be supportive, I couldn't be of assistance to the defense... if I reached out to defense and found I can't be of assistance to you, haven't hindered the case in any way...... because I gain media coverage, not my fault... those cameras are here, not my fault 11:05:05 advertised you were witness? yes. tweeted? no. how? attorneys knew about it, I texted my friends to tell them id be testified today. haven't been paid yet? correct. will get paid or you won't? correct.... I've done some things for free, some for $20 an hour and some $175 an hour 11:05:57 invoice sheet or the way you bill clients? yes. $1500 initially and $125 an hour after that? yes 11:06:12 if I'm hired in as expert... $1500 deposit, my hourly rate is $125 an hour... case prep and review... deposition or testimony $175 hr., includes travel and wait time. never testified before a jury before? excluding juries, yes as an expert 11:07:00 testified against police officers, right? have been presented cases that I found the officer was wrong... yes sir. and testified to that? yes 11:07:21 never testified in case like this where one person shoots someone and is claiming self-defense? no first time... never been involved in police shooting? no I've never had to shoot someone.. never had to discharge in line of duty... or use deadly force? explain that... I've caused injuries...not just about causing death. but never caused someone's death? no sir 11:08:24 first time you got info in this case was April this year? yes 11:08:33 one of the things you did was you interviewed defendant? yes. firsthand account of what he remembers? yes. as a person charged with murder would have motive to fit facts his way? sure... don't lie to get yourself into trouble 11:09:08 listen to 911 calls... heard him describe martin as real suspicious? yes. and up to no good? yes... something in his hands? indicated he might have something.... 11:09:42 didn't ask defendant after making observations if he was concerned when he got out of his car.... did you ask him that? no 11:10:05 recall in that phone call he told dispatcher he went to other side of T to get a street address? I don't recall... watch the walk through? yes. tell them that? yes 11:10:35 never told the dispatcher? no just let it rest at call me and I'll meet them 11:10:50 understanding of length of time? not that great period of time... timeline important to you? absolutely, Zimmerman's statements only account to small portion to weight in the case.... just like gentleman said cant base on self-serving statements.... whether its 15-30 seconds or a minute... everyone's perception of time is different 11:11:46 only person you interviewed with firsthand information was the defendant? yes... only person I spoke to outside of Pollock 11:12:10 listened to other statements? yes. and written? yes. nobody other than defendant had first had account from first to finish? only one person there that's still with us 11:12:32 2 minutes between hanging up with dispatcher and martins phone hanging up? Objection! Mischaracterization. REPHRASE 11:12:57 when the call ended.... see that? I believe... I don't.... phone records from martins phone, I think I saw them but I don't know that I saw that variable 11:13:19 provided martins cell phone records? records there, but the cell phone itself I didn't see the weight it had when evaluating force event 11:13:43 testimony of Rachel jeantel, on phone with martin? Omara: don't know he will know her by that name 11:14:09 hear her say the phone went dead right after she heard a bump? yes sir 11:14:20 create your timeline... put together it was 2 minutes from the time the defendant hung up and the phone went dead? a lot of questions that timeline creates.... when the dispatchers phone went, can't comment on accuracy of times.... things that jeantel said that don't seem to line up..... other variables would have a different outcome 11:15:13 asking you if you took note of the 2 minute gap? I did not give that weight, no sir 11:15:26 in conversation he described the event? yes sir.... didn't have him mark on diagram where the confrontation began? no sir 11:15:44 didn't have him mark how it progressed and where it ended? no drawings or mark 11:16:01 didn't explain from what direction he approached him? that would've been my failure not to ask that 11:16:24 I got impression he was approached from the front... pretty clear 11:16:36 didn't ask defendant what hand martin used to punch him? no sir 11:16:45 didn't ask him how long it was and the time he went to the ground? I didn't ask for specific times, when I interview someone for force event.... period of time that took place, fluid... movement, evolving.. their concept of time becomes less relevant 11:17:21 but the timeline is important to you? overall timeline, yes sir 11:17:32 didn't say how they transitioned? no 11:17:42 doesn't speak to you of level of confrontation? a lot that spoke to me about witnesses in this case, how did you get from here to here... evolution of event comes down to physical altercation, where they transitioned... involved in person to person conflict, transitioning from different spots didn't try to narrow down on time 11:18:36 didn't ask him what happened in between? didn't ask specifically... whether rolling over there or fighting standing? I wouldn't presume rolling, I wouldn't inquire about that 11:19:09 took into account the defendants key light? yes. didn't ask about his losing personal property? that I don't recall... I don't think I did... don't recall specifically 11:19:37 didn't ask him if he lost his keys or that flashlight? I didn't ask him how he lost his keys...... I don't know what you're asking me 11:19:57 photo of losing items? yes.... ask him how he lost this? no sir 11:20:09 impact weapon? may I hold it... anything can be an impact weapon.... sure, yes you could use this to strike somebody 11:20:30 that would be one? could certainly be used in that form or fashion 11:20:40 repeatedly slammed into concrete? his words were his head was slammed into concrete. didn't ask how many? no, go back to perceptions and distortions 11:21:04 didn't ask how, grabbed head ears or jacket? no, not specifically... generalized statements because he doesn't account for overall weight of my opinions.... his perception was the downward blows, head into concrete..... 11:21:48 his video? no the one you mentioned about Hannity...... each of these things may not account for everything, it's the totality... clear his head was in contact with concrete, blow to the front cause hit to concrete, sure..... if not always striking, but pushing... arise as he pushed back could result in concrete.... looking at it, variety of ways it could've impacted.... clear his head was struck and made contact with hard surface... 11:23:07 review medical record where the laceration was 2 cm? yes, not large.... less than an inch? not good with that.... I'd say yes 11:23:32 remember for the other one? 1/2 a cm? yes sir 11:23:43 whether blood got into nose or mouth? didn't need to, fresh in photo.... 11:24:00 didn't ask defendant if he tried to cover his face? no just what took place... if he tried to strike martin? didn't spend a lot of time asking him questions like that.... never said anything about what he was doing with his hands? no sir I don't recall anything 11:24:40 vantage point.... person with best vantage point would've been defendant? of course, there from entire thing and active participant... if martin lived his vantage point was important too? sure absolutely 11:25:17 defendant told you, martin was straddling him? yes. understood that from context of conversation that he was over his belly button? waste area.... over belly button? during conversation with deposition I believe we discussed it could be on the waste around belly button area or over the thigh area.... refresh yourself with transcript? sure 11:26:13 omara: Object to impeachment! HE'S REVIEWING IT....DATE AND TIME OF DEPOSITION.... 11:26:47 a week ago Saturday? yes... page 53, lines 10-16..... 11:26:59 review highlighted portion, refresh your memory as to where martin was specifically straddling the defendant..... 11:27:23 where was it? area of his belly button.... not directly on it... 11:27:32 by area you mean here? I Object that he needs to read entire....... 11:27:45 if that's where your navel is.... not on his belly button 11:27:56 recognize this as being human type figure? yes.... actually has belly button? yes... anatomically correct? appears 11:28:15 (guy mounts figure) is this the way he described it? well you have his knees high on his waste...... did you have defendant do this? no.... if mannequin carrying firearm where would gun be? your left inner thigh 11:29:00 aware he described to best friend.... martin was up around his armpits? no I've not heard that... where would gun be now? behind your left leg 11:29:40 defendant told you as well.... slid down further? yes did indicate he was sliding down and the jacket came up exposing firearm 11:30:16 moment? YES 11:30:27 didn't ask defendant how he got firearm? no sir, he explained he reached down and grabbed it... also said martin was in area of his belly button? right at one point, it's all fluid 11:30:51 in area of belly button and slid down? in dynamic event, not just one person doing movement 11:31:18 did defendant tell you martin slid down? no sir 11:31:29 asked if you review medical examiners report? yes. 90 degrees? yes and front to back 11:31:51 consistent with martin getting off and Zimmerman firing it? could be consistent with any movement.... you weren't there I wasn't there, information we have is... from defendant? right 11:32:31 time shot was fired, information is culmination of everything..... only person to provide insight was Zimmerman 11:32:48 in waist area, if martin were backing up and Zimmerman raised arm? you're at least 45 degrees.... if martin backing up, shot him at 90 degree angle? if martin is backing up and Zimmerman is laying on back, going straight up... could he shoot at 90 degree angle? I'm getting really lost 11:33:56 my interpretation was 90 degrees front and back, my interpretation was front to back level entry not angle entry... as transitioning, you coming back and this coming back we maintain that.... manner you're demonstrating right there... I don't know how it's 90 degrees 11:34:40 you're more vertical upright.... no way to go straight in 11:34:58 if the defendant started to sit up and the martin was getting up, couldn't say 90 degree angle? if the bodies become aligned,..... in order to maintain entry, maintain relativity to the persons... if I'm laying back and you're more forward, if were both coming up.. if getting up together, no way to say they're not maintaining that degree 11:35:51 contact wound with clothing? yes the clothing, not his chest? correct. consistent with martin leaning over? yes sir 11:36:20 asked/spoke about the lighting? yes. went to the scene for purpose of getting idea of lighting? yes. didn't get idea of lighting? no I failed to take into account the change of seasons. when was that? can't remember the exact date... in July? no. June? maybe early June... I don't remember 11:37:11 went to scene to get lighting and the sun had not gone down? correct. didn't wait? no. didn't go back? no 11:37:41 defendant told you martin reached across his body to try to get the gun? he mentioned that. but never told you he touched the gun? perceived he was moving toward the gun 11:38:06 told his best friend martin grabbed it? it's possible... wouldn't affect whether reaching or grabbing.... mark osterman review his statements? I reviewed statements, but focused on witness accounts... look at event and not hearsay... dealing with man demand, egos don't enter in...... 11:39:03 statements I focused in on were events that took place there, not what other said... focus was on defendant who could tell you from start to finish? no, totality.... look at totality of event, I reviewed everything from everyone who could provide, only person we could retain info from of what unfolded is Zimmerman 11:39:54 conversation with defendant important? of course. his conversations with others important? always comes back to fishing story... human mind likes to fill in blanks.... see something and don't understand it creative side will fill it in... if you wait too long, now they have outside influences.... 11:40:49 use of force continuum? yes. systematic approach to force... take into consideration.... if x happens, respond with y... give objectively reasonability 11:41:23 de-escalation if he was backing up? sure, if disengaging 11:41:45 mention force continuum, options? yes. someone in defendants position had other options? disagree.... the moment that perception became deadly force, only option justifiable would be that, the application of that force.... come up with 1000 things that may have been able to be done.... reality 11:42:36 don't know what was in his head? based on information I reviewed and heard... in my opinion most of the info meshes together... draw my opinion and come to conclusion based on that perception, I know generalized outcome 11:43:12 911 call with screams? yes... George screaming? not telling jury anything other than I just told you... I wasn't there, can't tell you that... based on goods statements he believed the screams for help were coming from bottom... Zimmerman then, but if you're on top and trying to disengage and no indication from you that you need help... why was there no acknowledgment from person behind them, take all components and come to conclusion 11:44:29 if aware of gun, expect them to scream for help? 11:44:46 if I was martin in that situation and take to physical evidence... aggressor and I see you have a gun, first instinct is to go for weapon that will continue my aggression 11:45:12 unusual for person to yell for help once they see a firearm? would it be unusual for a person in a combat situation to see a gun and scream for help, is that the question...... 11:45:43 if a person sees a firearm, unusual for them to yell for help? if pointed at them, absolutely not... looking down barrel, in fear of your life 11:46:07 are other options Zimmerman could've used? based on my understanding of his physical skills... he wasn't trained.... I have one on one control tactics... a lot of options available for me, but no training then limited in options.... always options in every force event, but matter of what you see as an option 11:47:01 defendant didn't use any options? he did scream for help, tried to continue to resist... shrimping technique... don't know what else he could've done 11:47:31 wasn't just lying there getting hit? struggling to create some kind of gap or distance 11:47:48 verbal component to use of force? absolutely. like telling someone who you are? escalate or deescalate an issue... presence..... verbal resistance..... civilian realm can be screaming for help telling them no stop don't... verbal component 11:48:41 also could like telling them who I am, I'm a watch person? absolutely. and your purpose, I'm a watch person and I'd like to know what you're doing? yes... always a good idea to introduce yourself 11:49:06 do that before using force? asking me what I would do, in same situation I would've done things differently..... going off 911 calls and.... reported other times, interaction component... responsible to say crime watch person, fine if it comes to mind... but takes training, if I'm surprised by someone than not the first thing you think of 11:50:15 talked to Pollock? yes. didn't ask how long he was taking those classes? no. not getting that was a failure on your part? yes... doesn't change the outcome... 3 years boxing and can't get into ring, irrelevant..................... 11:51:07 defendants not neutral? take it with a grain of salt... minimal weight to Zimmerman and find information from other sources.... gives me more possibility of giving the truth... didn't ask for how long? no. how long each class was? generally speaking, looking at 1.5 hours to 2 hours..... didn't ask because general guidance 11:52:10 talked about martins physical ability? would love to have known totally about it... physically active? my understanding... because he played football in middle school? like I said.... info in media omara: approach YES (sidebar) 11:54:04 testified on direct he played football in middle school?. yes. his height and weight from autopsy report? yes 11:54:38 moment? YES YOU MAY 11:54:45 asked questions about basic certifications for weapons? yes... course for that? yes sir.... licensed to carry conceal firearm? no law about it... advised to do that? not over the phone, whenever you interact, traffic stop to that affect... make sure hands are visible and you are carrying a firearm 11:55:43 defendant did not advise dispatcher he had gun? no 11:55:54 taught law of self-defense in criminal courses? yes 11:56:14 I know how I relate the information, can't speak to how others do 11:56:29 your opinion that a weapon was not used on the defendant? yes... I didn't see any indication that a weapon was used on him. weapon used on martin? of course he was shot, yes sir 11:57:03 moment? YES 11:57:36 listening to non-emergency calls with defendant, he was following? he said trailing which is following 11:57:51 if noffke asked him if he was following? yes.. he said we don't need you to do that 11:58:03 read defendants written statement? I'm sure I would have... 4 pages hand written? I am confident I did, but can't recall what he wrote 11:58:30 recall the term the defendant used to refer to martin in that written statement? I don't recall... suspect? ok 11:58:59 police term? sure, also a crime prevention term... use the same verbiage..... civilian or individual... suspect is the bad guy REDIRECT 11:59:29 omara: concrete as weapon? if you hit with my head, yes 11:59:37 took your head and smashed it.... may I use your doll..... 11:59:51 Zimmerman, martin..... consistent with this on cement? I don't think so... how about someone resisting the event? I believe so... culmination of downward force, pushing or striking... clearly injuries to his face, striking hard to concrete (smashing the doll into ground) 12:00:32 somebody getting head struck would resist it from happening? normal instinct... happen the first time or every time? every time you drive a strike or push downward, body goes until its stopped.... punctate bruising? swelling all around, not just facial 12:01:28 consistent with pushing to the side like this? could be that or punches as well 12:01:42 on the other side, consistent with left side of Zimmerman? could be.... if Zimmerman not just lying there, trying to defend himself... as he's turning his head/body will realign.... strike to a side or front... ongoing combat 12:02:19 stay focused on angle of entry... straight in? correct.... if something like this, martin backing away? correct 12:02:41 it's a possibility? absolutely it's a possibility... unreasonable doubt? no.... happen right there while coming back over from final strike? all a possibility 12:03:12 Zimmerman able to get gun off right side hip? yes. somehow he got to that? correct.,.... weight to how guy said it happened? not a lot... became aware of firearm and reached for it..... how it got into the hand is mute.... 12:03:51 not clear on how they got into position, just know they did it... point remains, gun in hand and he discharged... in contact with billowing clothing? correct 12:04:17 moving with the iced tea in his hoody..... at some point leaning too far back, tea moving in same motion... at one point I can't say 12:04:48 at some point martin was up here, possible? no question it's possible... sliding down, I don't expect martin to match move for move 12:05:10 possible he was here? sure.... even this far down? it's possible.... just over the thighs, where is the hip holster? right there 12:05:34 available at this point? yes sir. how about up here? yes sir... my tie pointing to what? his belly button 12:05:54 how much thrashing or movement was happening? a lot 12:06:03 evidenced by the contusions and abrasions? yes sir and the contact of wet spots on the clothing 12:06:22 weapons available..... consider this to be a weapon? yes. could be a weapon? yes sir... most anything you want to be a weapon? yes sir.... 12:06:48 fist can be a weapon? most definitely 12:06:55 evidence of fist and concrete injuries? yes 12:07:06 any evidence of any injury of martin consistent with him being hit by this? nothing to that effect. martin being hit by anything? I didn't note any injuries on martin 12:07:33 how do you explain that fact to this jury.... couldn't even get a strike in? Objection! Speculation! OVERRULE 12:08:11 explain to jury.... Zimmerman screaming, not able to get a blow in... how that happened? if we were saying he's the individual screaming, with martin on top of him.... martin was the aggressor and he was physically incapable of responding... wanting someone to help him... maybe hands were busy, not there I can't say... aggressor in fight and not hurt somebody.... absence of injuries, he wasn't throwing strikes 12:09:17 unusual for someone to be completely dominated by someone more capable? not unusual... clear during conversation he becomes concerned... didn't get out to confront him at that point.... Zimmerman is not the I'm in your face confrontational person.... running and now following... it's because there's no threat, he took off running.... concern how his safety, hear in his voice.... interact with him and not face to face... talking to dispatcher.... doesn't have a problem telling you someone else was a jerk, but not telling you you're a jerk 12:11:02 WE HAVE PLANS FOR JURY TO GO OUT FOR LUNCH.... TAKE AN EXTRA LONG LUNCH TIME.... GOOD BREAK TIME? it is 12:11:20 NOT TO DISCUSS THE CASE WITH ANYBODY ELSE, NOT TO READ OR LISTEN TO REPORTS, NOT TO USE ELECTRONIC DEVICE FOR INDEPENDENT RESEARCH, NO SOCIAL MEDIA. ASSURANCES? yes. PUT NOTEPADS DOWN, ENJOY LUNCH, BACK AT 1:45 12:12:20 PLEASE BE SEATED.. MR ROOT, FREE TO GO ABOUT, DO NOT TALK TO ANYONE ABOUT TESTIMONY... SEE YOU BACK AT 1:45... ANYTHING TO TAKE UP BEFORE LUNCH? no. omara: stipulation for entry, when we get back? THAT WILL WORK 12:12:52 COURT IN RECESS ========================== 13:45:10 PLEASE BE SEATED.... OMARA, TAKE MOMENT TO... yes.... 13:45:26 moving into evidence, affidavit and custodial records from sanford PD taking out the summary..... my summary, but not an official record.... COME IN WITHOUT OBJECTION? correct. AS DEFENSE EXHIBIT 25... guy: wait until rionda gets back, I think it's okay, but....HERE HE IS 13:46:33 omara: putting into evidence the exhibits we talked about, took off the summary..... omara: no objection to that. DEFENSE EXHIBIT 25.... NEXT ONE? 13:46:57 omara: next is letter documenting my client's concealed weapon permit. COME IN AS DEFENSE 26. 13:47:17 the cd and event report documenting the 6 of 6 calls my client played in the last months COME IN AS DEFENSE 27 13:47:46 layout no objection? DEFENSE 28.... 13:48:23 LOOK THROUGH AND MAKE SURE YOU HAVE IT ALL. yeah we did... this witness we'll finish and 2 short witnesses 13:48:41 ZIMMERMAN, I SPOKE WITH YOU ABOUT YOU TESTIFYING.. JURY CANT CONSIDER THAT IN THEIR DELIBERATIONS. OPPORTUNITY TO TALK TO ATTORNEYS? yes. MORE TIME TO TALK TO THEM ABOUT THAT? no your honor. RAISE YOUR RIGHT HAND FOR A MOMENT, (sworn in), LIKE I SAID BEFORE, YOU HAVE THE RIGHT TO REMAIN SILENT, ALSO HAVE RIGHT TO TESTIFY IF YOU WANT TO, OPPORTUNITY TO DISCUSS WITH ATTORNEYS.. INDICATED YOU HAVE? yes. DECISION? west: I object, OVERRULE..... COURT IS ENTITLED TO REQUIRE IF HE WANTS TO TESTIFY, MR. ZIMMERMAN HAVE YOU MADE A DECISION? not at this time, your honor. HOW LONG DO YOU NEED BEFORE WE YOU DECIDE.... west: more time? I ASKED ZIMMERMAN IF HE NEEDED MORE TIME... HOW MUCH TIME? it would depend how long the recesses are.... the end of the day. IF ATTORNEYS FINISH WITH TWO WITNESSES, KNOW THEN... west: on Zimmerman's behalf. I AM ASKING YOUR CLIENT QUESTIONS. west: I object to the court... YOUR OBJECTION IS OVERRULED, WILL GIVE YOU MORE TIME TO DISCUSS THIS WITH YOUR ATTORNEYS....omara: may we approach? YES (sidebar) 13:58:24 READY TO BRING JURY BACK IN? yes. yes. GO AHEAD AND BRING JURY BACK IN... 14:00:11 PLEASE BE SEATED. WELCOME BACK. QUESTIONS: DISCUSSIONS ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS ABOUT CASE? NO HANDS RAISED. USE ELECTRONIC DEVICE? NO HANDS RAISED. READ OR CREATE SOCIAL MEDIA? NO HANDS RAISED.... 14:01:05 omara: when we broke I was beginning to talk to you... cross exam that came to mind, asked by guy whether you listened to the non-emergency call with expletives? yes. asked the question whether or not his presentation evidenced anger or frustration, did you... opportunity to hear people angry upset or frustrated ways? yes. involved in situations where you had to break up disputes or fights where people were yelling or screaming at each other? yes. in your career? yes. part of job? yes 14:02:24 heard people in various stages of anger and hatred? yes 14:02:34 using that basis as experience foundation, was any of that evidenced to you in the way he said assholes? the way I interpreted it, frustration about totality of calling everyone... not just one person... in general, they always get away 14:03:09 assholes, evidence to you any ill will hatred or spite? no 14:03:20 another expletive guy questioned you about, could you even hear the words f-ing punk? initially no, had to break down and listen to it 14:03:39 enough to hear it? yes.... after being told they were there 14:03:53 based on years of law enforcement, evidence any ill will hatred or spite? no... not individually 14:04:14 your understanding from your review of the telephone call that the frustration was aimed toward? Objection! Speculation! SUSTAINED 14:04:39 guy asked you two questions... responsible gun owner and other options Zimmerman had.... anything in Zimmerman's use of his firearm to be reckless? no. why not? Object! omara: heard on that (sidebar) 14:12:07 based on training anything that was dangerous in the way he handled it?...... unreasonably dangerous? no. Object! OVERRULE MOVE ON 14:12:49 other options available? Objection! Speculation! ALREADY TESTIFIED TO THAT.. OVERRULED 14:13:13 knowing what you knew about the facts that night, did Zimmerman have options? based on knowledge, I don't believe he did 14:13:39 inquiry whether you took this case on for the notoriety of it, did you? absolutely not 14:13:56 some of the benefit of having high profile case, has that impacted your answers? no... because the same type of negative media coverage comes from positive media coverage..... 14:14:23 possibility of future payment from me impact your testimony? not at all 14:14:38 question posed to how many times as expert first time in self-defense? in a criminal case yes. how many times in criminal? in law enforcement, so many times... ever been cross examined by state? no. normally on state? yes, this is complete opposite of where I normally sit 14:15:32 presume for a moment you don't have any information about where the fight started or the location of his flashlight, focus for now just on the 40 seconds of screaming and the injuries, with that set of circumstances, change your opinion at all on Zimmerman's lack of options? no I would not 14:16:15 would your opinion be the same even if there was 2 minute delay between Zimmerman's phone call and the event that happened? no irrelevant to me 14:16:36 what are the only real relevant factors in this case? event as unfolding at use of force was taking place and the perception of individual involved...... how would that affect the outcome 14:17:20 the key chain flashlight, did finding or noting the keychain there... relevant to where the altercation began? it helped create a picture in my mind about where it started 14:17:48 blood flowing down and back, in your experience as fighter... what happens when you get hit in the nose? variety of things, with nose strike could have tearing, if blow is significant result in bleeding, free flowing of blood... fill nasal cavity, effect on ability to breathe.... most prominent is the stunning affect 14:18:48 in your experience with MMA, is getting in a blow like that early in fight, significant? Objection! Speculation! SUSTAINED 14:19:13 if in a fight and want to get advantage over person, strike to nose accomplish that? Objection! Relevance.... I DONT KNOW THATS IN HIS EXPERIENCE 14:19:41 as a fighter, remind jury you did kick boxing? yes. kicking and boxing? boxing and 8 kicks per round... feet and hands. as part of using hands, strike body blows? yes punching. ever hit them in the face? repeatedly. target focus? it is especially with the jab 14:20:21 as experience basis, how successful is getting in the first shot to the nose? it can provide a various outcome, primary thing is you let the person know you're for real, let them know it's devastating.......... take that first punch, taken a majority of power... survive first punch can stay in fight, not as schooled could have devastating affect....... very important, he who controls the fight generally can become victorious 14:21:31 consistent with strike to nose? yes sir 14:21:37 if this was the first strike of the fight, significant maneuver? Object! SUSTAINED... REPHRASE 14:22:21 talked about your criminal justice degree, talked earlier about police academy... in your training......? I pursued my degree well into my career 14:22:49 learn striking techniques or take down in school for criminal justice or in the academy? no physical courses in criminal justice degree... teach about the laws... academy tells you how to enforce the law.... criminal justice degree is the book end, how it works in and of itself 14:23:46 having done it for 20 years, enjoy it? I did... for you a noble profession? absolutely 14:24:00 encourage or discourage nephew or son from taking on law enforcement? depends on the child, I have step son who's physically fit, I would encourage him... my daughter on the other hand who doesn't like confrontation I wouldn't encourage it............... 14:24:42 mentioned early in conversations about continuum force, certain act allow response... go over there and sit down and I said no, you get to respond verbally....? that's a piece of it, yes 14:25:13 continued force goes up scale with deadly force? yes. markers along the way that allows you to increase response to force? absolutely... walked up and pushed you, appropriate increase in force? Objection! Only relates to police officers.... 14:25:51 based on experience as adult, fighter, and police officer and expertise in use of force..... 14:26:06 when you look at use of force, go across spectrum? yes. not just deadly force? no use of force is force whether it starts at verbal to deadly force 14:26:28 aware of situation where cadets were using inappropriate verbal force, council those people?............. 14:26:51 use of force training, does that include training officers as to how to use verbal voice? all of force training is to explain variables involved in deciding... being verbal, recommend to them is try to avoid if you can... depends on environment... .all of these come into play 14:27:46 if I was yelling at you and cussing at you from 40 ft., walk away... if I'm in your personal space, 6 ft. or 3 ft... arm's length, because more significant issue.... hard to answer a and b because totality comes in 14:28:23 outside and I pushed you, your response? Objection! OVERRULED. my personal response I would give you strong verbal commands and make sure you made a mistake 14:28:54 would you punch me in the nose? Objection! ASKING HIM WHAT HE WOULD DO IN SITUATION OF THAT... SUSTAINED 14:29:19 moment? YES YOU MAY... nothing further RE-CROSS 14:30:06 your understanding over what was happening comes from one person? yes. 14:30:15 opinion that there wasn't another option is based on his words? no... my opinion was based on totality of his training background and experience, come into play with other things you're capable of doing 14:30:48 options depend on what other is doing? absolutely. determination of what martin was doing came from him? added in other evidence surrounding event to seem plausible this took place... based on what I see physically, this makes sense... opinion is based on what he told me in combination with 14:31:36 do you know what martin was doing at moment he was shot? yes 14:31:49 you do? you're asking my opinion, based on information..... I don't know if trayvon was doing one specific thing were talking about the totality... it appears clear through evidence 14:32:24 do you know what martin was doing at martin he was shot? I was not there, cant attest to what martin was doing on that time, only base opinion on totality of the evidence 14:32:46 includes his perceptions as he told them to you.... his perception is important? perception of anyone in event is taken into account..... if I said jolly green giant was jumping on me isn't possible but if one of these wires wrapped around me is plausible 14:33:31 in your conversation with him came 2 or 3 months after his trial? sure that sounds about accurate 14:33:44 asked about testifying.... this is the only time you worked on criminal case on behalf of defendant? no sir...... 14:34:05 have you ever been retained/hired by defense attorney to testify on behalf of criminal defendant? it's in my CV... twice I think, maybe... chambers case and where I consulted but not testimony in trial toward bottom of CV. first time in front of jury? yes in a criminal case this way 14:34:53 continuum of force applies to police? conceptual model... if you looked at Florida state statute it's an escalation and de-escalation of statutes..... continuum is part of event 14:35:35 getting punched in nose, don't know when Zimmerman was punched? no he was punched repeatedly during event 14:35:50 may not have been from a punch, could've been when he hit it on something else? I never said Zimmerman hit his face to anything else 14:36:11 not aware of the concrete? I do not believe a facial contact with concrete would make those abrasions..... 14:36:38 been punched in nose before? absolutely. didn't quit, keep fighting? no I'm a fighter.... seen others to fight after being hit in nose? I've seen both... people struck and they are not able to respond and I've seen others... warrior mind set, not everybody has that.... if they don't have internal fire to be involved in that way, not going to fight... beaten.... someone with warrior mind set will return, tremendous damage... 14:37:48 seen people hit in nose who keep fighting? yes.... did demonstration and you kept using your hands with 90 degrees? trying to use my hands to relate to maintaining position..... leaning back and Zimmerman coming up, but with the mannequin you weren't maintaining that 14:38:44 haven't we left something out... cant wrist and body move independent of body? sure...... even though I'm on 90 degrees and shoot like this? can you, yes, but the average person won't hold it gangster style... could he have taken up and angled, anything possible doesn't make it plausible...... I can always make it 90 degrees? everything depends on where you are in relation to that other person, talk about the discharge to the firearm, write position is not exaggerated, no how you shoot.... takes conscious thought.... possible the wrist was moving, but highly unlikely 14:40:29 possible you can shoot someone at any angle because we have arms, wrists, and elbows? possible 14:40:45 your opinion that Zimmerman's perception of threat had disappeared because trayvon ran off? when I listened to the call and I heard Zimmerman when he was facing him, my perception was I sense stressed in his face.... as he left, that tension diminished, reinforced what I heard from pollock ... not the confrontational one... when martin ran, no immediate threat he's taken off running, he gets out and is now "Following" the person, that's what he was doing for them... 14:42:03 hear him say I don't want to give out number, don't know where he is? yes. still concerned? absolutely... think about the T, took off running to make it home, it was only a distance away... still in area, concern for Zimmerman...... looking at individual walking back and uncertain he was there 14:42:52 defendant was trained by federal marshal how to shoot? yes 14:43:03 interview is better if delayed? not all interviews.... references for law enforcement, common practice to delay the interview and to conduct thorough investigation of police officer, extend to officers can be extended to anyone 14:43:42 not what you did as an officer? of course not... when you're an officer given evidence and whether arrest is warranted... ask for interview and it's a homicide, go in right away and the individual says I want a lawyer, get their period of time they can wait..... uses totality of circumstances and forms questions and makes concept to arrest... wouldn't wait 3 days 14:44:44 defendant spoke with friend about 8 hours of this event? yes 14:44:52 not an expert in memory retreatment? no... moment? YES... that's all RE-RE-DIRECT 14:45:19 talked about warrior mind set? yes... insight in this case, was Zimmerman warrior mind set? from the information I received, from pollock.... not one to enter the ring, not confrontational... not the type who had warrior mindset that inner fire that compels you to be a fighter 14:46:09 anything about the lack of injuries on martin that helped with that decision? based on injuries on Zimmerman and lack of injuries to martin, he didn't have any striking... didn't do anything of tussle to result in injury to a man 14:46:45 didn't even land a strike at least one with a mark? Object! SUSTAINED 14:46:57 that martin did have warrior mind set? Objection! SUSTAINED AS TO VIOLATION 14:47:11 door was open, now I'm asking about martin.. MY OBJECTION, MY RULING REMAINS, SUSTAINED 14:47:36 any evidence in the case that you looked at that would suggest even in the 45 second screams the attack stopped? Object! OVERRULED 14:47:57 no I saw nothing that would indicate that to me 14:48:03 MAY HE BE EXCUSED? guy: subject to recall.... omara: approach on that issue... LATER... EXCUSED FROM COURT, SUBJECT TO BEING RECALLED 14:48:48 NEXT WITNESS.... 14:49:18 (sworn in) 14:49:38 omara: name? olivia bertalan 14:49:51 at what point back in early 2012 or 2011, live in retreat at twin lakes area? yes. since moved out? yes. married? yes. children? 2. ages? 2.5 and 4 months 14:50:13 going back then to when you lived at retreat view circle, event at your residence? yes. what happened? I was home on a Wednesday with my son, 9 months at the time... heard someone ring my door bell, went upstairs to check... two African American guys, called my mom... they left.... they were walking in front of my house.... called the police, broke into my house, dispatcher told me to grab any weapon I had and prepare to use it if I needed to... he was trying to wiggle the door, rusty scissors... when? august 3 2011 14:51:48 place of hiding? yes. where? my sons upstairs bedroom. in the closet? no the far corner... as far away from door as possible. son with you at that time? yes 14:52:11 people downstairs leave eventually? yeah escaped before cops got there. take anything? camera, laptop, tried to get our TV.... I think something else but I can't remember 14:52:41 at some point one of those people were arrested and charged? yes. what happened, their name? Emanuel burgess 14:53:00 is that the reason why you moved from that area? yes. nothing further CROSS 14:53:18 guy: afternoon.... contact with George after that event? I did. Object! Outside Scope... guy: it's the basis of her testimony I believe... omara: proffer at the bench... NO.... LADIES AND GENTLEMAN FOLLOW JARVIS OUT OF COURT ROOM...... 14:54:29 happened on august 3rd 2011? yes. contact with George that day? yes. he came to your house? yes. gave you his number? yes. came because he heard you were a victim? yes. talked to him about it? yes. described those at your residents? yes. two? yes. males? yes. blacks? African American. teenagers? looked young 14:55:12 not only conversation with that case? right. correct you talked about this about 20 times after that? probably around that amount 14:55:31 person not yet been caught? I'm sure I did 14:55:37 person wasn't caught until you moved out? arrested in December. released because he was minor and arrested again later 14:56:00 where you believe he lived? I'm sure we discussed that. near the back entrance? yes 14:56:18 I have other questions for her but they don't relate to her contact of the defendant.... omara: ill withdraw my objection..... BRING JURY BACK 14:59:04 PLEASE BE SEATED.... YOU MAY CONTINUE 14:59:12 guy: said this incident happened on august 3 2011? yes. visit from George Zimmerman? yes. gentleman to left? yes. lived in your neighborhood? yes 14:59:34 came to your house that day? yes. talked to you... didn't know you but you had been victim of something? yes. described what happened that afternoon? yes. and described the people? yes. number? 2. describe sex? yes. male. race? yes. African American. describe age? didn't know age for sure, but I'm sure I told him late teens 15:00:28 after that you and he continued to talk about that case? yes. approximately 20 times? yeah 15:00:39 you and he discussed the persons had not been caught? right. discussed it was your belief that person responsible lived in twin lakes? confirmed by police yes 15:01:02 discussed with defendant? and other neighbors... near back gate? yes 15:01:12 your understanding that at some point that person was arrested? yes. and released prior to February 2012? correct 15:01:29 have you watched proceedings in this trial? briefly. what parts? his uncle testify... who else? I don't know by names. tweeted about this case? not since... no I have not... not since when? last year when it happened... not this week? I don't believe so. do have twitter account? yes. follow omara? yes. follow account called Zimmerman legal case? I do. you have been on Nancy grace in regards to this case? over a year ago yes. 15:02:33 moment? YES 15:02:47 thank you for your time REDIRECT 15:03:03 when Zimmerman came to you to talk about being victimized, was that strange? no. appreciative of his efforts? very. tell me about that? we were terrified when it happened he just wanted to make sure we were ok.... I was appreciative he was offering his hand and spend time with his wife if I needed to go somewhere in the day 15:03:57 what about his availability of his wife? Object! Hearsay and Relevance! PROBLEM WITH RELEVANCE 15:04:20 aware ms Zimmerman was aware if need be? yes. shortly after go to HOA and discuss the issue? I don't believe I went, my husband did 15:04:40 and then in addition to conversation with Zimmerman, talk to others about what happened to you? yes. who? neighbors, pete and chris... something of point of conversation? yes 15:05:06 did Zimmerman after the HOA started watch, bring to you a lock to help with sliding door? yes he did. weird or strange? no appreciative 15:05:28 made aware about issue with sliding doors? I don't believe so 15:05:38 was it how they got in the house? yes. back sliding door? yes. lock secure that problem? yes 15:05:54 before you moved out, get a dog to help? yes. part of staying secure? the cops told us to get a dog 15:06:11 know the person who was arrested was Emanuel? yes. released? yes. re-arrested in Feb. 2012? I got a letter when we moved out, didn't know exactly when he was arrested 15:06:44 did any of your interactions with Zimmerman leave you with impression he was too involved? no. was his behavior helpful to you? very 15:07:05 still have the dog? yes.... thanks very much 15:07:14 MAY SHE BE EXCUSED... she may. yes. NEXT WITNESS..... Robert Zimmerman senior 15:08:08 (sworn in) 15:08:30 omara: name? Robert Zimmerman. live in central Florida? yes. how long? almost 7 years 15:08:45 know the defendant as your son? yes 15:09:04 event where you had opportunity to hear a 911 tape... lauers 911 call, know what I mean? yes. it is a tape that includes in it screams and gun shot, heard that? yes I have 15:09:29 we have it available, jury has heard it dozens of times.. only play if you need to hear again, memory of it such that you had an opinion? yes 15:09:54 settings of first time you heard it? third floor of this building, in the state's office I was there put under oath, asked me questions as I was getting ready to leave they asked me if I would mind listening to this tape and I said certainly... took me in smile room, provided me headphones, still under oath.... listened to it..... asked me did I recognize the voice 15:10:47 what did you tell them? absolutely it's my son George... opinion you still have today? certainly... nothing further CROSS 15:11:05 rionda: listened to it 6 times? no. have not? no. ok 15:11:22 moment? YES.... I've listened to it a number of times, at least 6 15:11:36 more than 6? at least 6 but I really can't be accurate... thank you very much 15:11:46 MAY ZIMMERMAN BE EXCUSED? rionda: subject to being recalled.... CALL NEXT WITNESS... omara: break, your honor... 15:12:09 15 MINUTE RECESS, FOLLOW JARVIS INTO THE JURY ROOM.............. 15:12:39 PLEASE BE SEATED, IS DEFENSE CALLING ANY OTHER WITNESSES? no. AFTER THE RECESS I WILL ASK ZIMMERMAN IF HE WANTS TO TESTIFY. AT THIS TIME, ANY OTHER WITNESSES YOU WANT CALLED MR ZIMMERMAN? for this trial..... 15:13:19 SOME WERE CALLED A COUPLE TIMES, SUCH AS SINGLETON.... ZIMMERMAN, ANY OTHER WITNESSES YOU WANTED ATTORNEYS TO CALL ON YOUR BEHALF? no... TAKE THE TIME YOU NEED TO TALK TO YOUR LAWYERS COURT IN RECESS ==================== 15:27:41 PLEASE BE SEATED..... 15:27:55 omara: a number of exhibits in stipulation, now in evidence... on verge of closing, one composite exhibit the state will review... that'll be the last. COMPOSITE EXHIBIT 30? yes.. only one document, but its 7 ft. long... 15:28:36 rionda: verify some of the times on there, other than that we won't have an objection 15:29:25 omara: these are now in evidence as 30-38.... 30 is a picture of back of head, 31 is the front of his head, 32 is still photo of martin in 711, 33 is a picture of martins pants, 34 is a second still of martin at 711, 35 an aerial view at retreat at twin lakes, 36 is a larger aerial photograph, 37 large aerial of retreat at twin lakes, 38 is medical investigator picture of the scene....if admitted 39 would be the timeline... two other loose ends, one is the judicial notice with the weather, more accurate for the 26th will be substituted... STIPULATED FOR STATES EXHIBIT 213? yes. ALLOW THAT TO BE SUBSTITUTED. next one is the same exhibit for the 27th COMPOSITE STATES 213? planned as separate.... SUBSTITUTE 213 FOR THE NEW ONE AND THE SECOND ONE DEFENSE 40 15:32:12 omara: only other one is the exhibit in order to move matters along when jeantel was questioned, used small portion of cd to question her... present that as its own redaction... that hasn't been brought and needs to be... used that to refresh her recollection.... used one portion played. 15:33:05 rionda: she listened to it herself, not in front of jury. JURY WAS SENT OUT, WASN'T IMPEACHMENT AND WASN'T PLAYED IN FRONT OF JURY. moment? YES YOU MAY 15:33:36 omara: my understanding was the part that was played was the portion of it where she it could be/ might be trayvon and I believe the jury was present.... GET COURT REPORTERS DATE... DEFENSE EXHIBIT DD? I HAVE THAT AS A TAPE OF JEANTEL'S.... NOT PLAYED IN FRONT OF JURY, BUT WE CAN VERIFY..... omara: looks as though there may be an issue, have some time before now and the time jury will get it.... NOT IN EVIDENCE, ITS MARKED FOR IDENTIFICATION PURPOSES..... 15:34:48 ANY MORE OF THOSE HOUSE.....HOUSEKEEPING MATTERS? omara: get you weather and that's it 15:35:03 MR ZIMMERMAN, STILL UNDER OATH... SUFFICIENT TIME TO DISCUSS WITH ATTORNEYS ABOUT TESTIFYING? yes.... after consulting with council, decided not to testify. STILL YOUR DECISION? yes. YOUR DECISION NOT TO TESTIFY? yes. FREELY AND VOLUNTARY? yes. PROMISES? no THREATENED YOU? no. YOUR DECISIONS? yes 15:35:58 IS DEFENSE GOING TO REST SUBJECT TO ANY MORE EVIDENCE? yes. STATE WITH REBUTTAL? yes. HOW MANY? at least 2 today and one who would be available tomorrow which we may not call anyway.... 15:36:30 JURY INSTRUCTIONS GIVEN TO DEFENSE AND ZIMMERMAN, CAN I HAVE A COPY...ARE THEY GOING TO BE LENGTHY? no. CHARGE CONFERENCE AFTER JURY DISMISSED FOR THE DAY? 15:37:02 REST IN FRONT OF JURY AND THEN GO FORWARD...... YOU MAY PROCEED 15:37:14 omara: with length of presentation to you earlier.... ............... 15:38:17 I don't want to belabor point, but decide at this point that basically the state has excluded a reasonable hypothesis my client is innocent.... charges be dismissed in full 15:38:51 mantei: di maio portrayed alternative scenario of second degree murder..... attempting to pull back and disengage.... mr roots eager to draw conclusions, but still had no idea what went on in the moment.... presented people to enhance facts, make it more disputed.... state has submitted sufficient evidence and will continue with rebuttal with murder and manslaughter 15:40:04 omara: if the court is going to rule, identify the states factual scenario, they're theory of the case for which excludes hypothetical reasonable.... 15:40:42 COURT SAT HERE AND LISTENED TO THE WITNESSES..... AND ARGUMENTS.... COURTS DECISION IS THE SAME, ENOUGH EVIDENCE TO ALLOW THIS CHARGE TO GO TO JURY.... SO WE NEED TO BRING JURY BACK IN, REST IN FRONT OF JURY AND STATE BE PREPARED TO CALL REBUTTAL WITNESS..... READY FOR JURY? omara: see who their witnesses... WITNESSES? Adam pollock and David lee.... WHEN YOU FIND OUT TONIGHT WILL YOU EMAIL THE DEFENSE.... omara: they are bound, Pollock testified before... rebuttal to fact we presented... IF ITS NOT, FREE TO OBJECT AND ILL RULE.... READY FOR JURY? yes. yes 15:44:06 PLEASE BE SEATED.... MR OMARA? 15:44:14 omara: announce to the jury, a number of other exhibits put into evidence.... photographs 30-38 and potential of 39..... other judicial notice matters about weather.... with that in mind, the defense would rest 15:44:46 STATE HAVE ANY REBUTTAL? mantei: yes... call Adam pollock 15:46:25 (sworn in) 15:46:43 mantei: you were defendants trainer at kokopellis? yes. now marketing training on your website? absolutely not... Object! Improper Rebuttal Testimony! ARGUMENT ABOUT THAT, APPROACH THE BENCH (sidebar) 16:00:07 CONTINUE THIS MATTER OUTSIDE PRESENCE OF JURY, FOLLOW DEPUTY INTO JURY ROOM........... 16:00:35 PLEASE BE SEATED... STILL ON WITNESS STAND WERE TAKING A 15 MINUTE RECESS 16:00:47 COURT IN RECESS FOR 15 MINUTES ============================================ 16:25:18 PLEASE BE SEATED.... 16:25:28 MR MANTEI: 16:25:32 mantei: additional citations.... mckee vs state............ always necessary to inform jury to any motives regarding prosecution witness, equally so.... evidence admissible for that purpose 16:26:10 CANT CALL WITNESS FOR PURPOSE OF IMPEACHMENT... calling to impeach testimony of root, not this witness... if he denies or says something contradicting to his words..... WHAT IS WITHIN THE WEBSITE THAT WOULD CONTRADICT EVIDENCE BY ROOT 16:26:59 characterize pollock..... put extra weight on that witness... DEFENSE? 16:27:24 omara: what is being presented for.... read for same bible... has to be relevant, has to truly impeach or address issue of bias, in affect... pollocks bias, personal financial interest............. you might be trying to make money on Zimmerman because he came to your gym..... court has to include common sense 16:28:26 this witness who wants to tell somebody to come to his gym and under oath said he went from 0.5 to maybe a 1.... no financial interest furthered.... doesn't impeach what it normally would.... if he says this guy's great and I trained him... its opposite 16:29:17 WHAT WE HAVE HERE... STATE CITED BRITAIN VS. STATE, IN THAT CASE THE STATE DIDN'T CALL THIS WITNESS UNTIL REBUTTAL... REBUTTAL EVIDENCE EXPLAINS OR CONTRADICTS MATERIAL EVIDENCE.... NEITHER EXPLAINED NOR CONTRADICTED...... COURT HAS DISCRETION ON THE ORDER OF PRESENTATION... NOT AN ORDER, IT IS TO IMPEACH YOUR OWN WITNESS... CALLING TO IMPEACH HIM BY SAYING HES ADVERTISING ON A WEBSITE ABOUT THE ZIMMERMAN TRIAL AND TRAINING... NOT ALLOWED AND SUSTAIN OBJECTION! 16:30:33 I DONT KNOW HOW YOU WANT TO HANDLE THIS IN FRONT OF JURY, TELL JURY HES NO LONGER NEEDED OR ASK OTHER QUESTIONS... SOLE PURPOSE? yes. NO REASON TO HAVE POLLOCK COME BACK IN? yes. omara: objections to the next witness... 16:31:16 WHAT IS PURPOSE FOR CALLING MR. LEE? mantei: moment? YES YOU MAY 16:32:00 mantei: state will not call mr. lee. ALRIGHT HOW ABOUT THE OTHER WITNESS FOR TOMORROW? mantei: I haven't left the court room to check yet... omara: objection to that witness too probably.... NAME? mr. fleishman... WHAT IS THE OBJECTION TO THAT? omara: who is that? mantei: defendant arrested for committing battery against officer. PURPOSE? the defense gone to great lengths to say he is incapable of fighting... this agent would offer a different perspective.... essentially say that while he and law enforcement officers were engaged in arresting at a bar... had individuals outside and the defendant came out, one of his friends... this agent identified himself to defendant and the defendant attacked him 16:34:02 omara: prior event trying to get in improperly.... need to know more about the facts of the case... the agents were undercover out by UCF and took a friend out bodily... TIME FRAME? 2005... 8 years ago... before he wanted to become prosecutor, before ride along.... when agents grabbed his friend, Zimmerman says they were in plain clothes, maybe brought out their lanyards, the way these are handled by UCF the agents go in there... take outside and Zimmerman goes out to ask what happened, arrested Zimmerman... never heard he attacked him, not in police report... arrested for battery... dropped down to misdemeanor.... not only did it drop down but then also opposed to normal procedure, pretrial diversion.. dropped charges completely, was over arrested for something... dismissed outright, bares no significant value, ancient in time and act.... nonevent to begin with 16:36:45 clear that if state brings in this one prior bad act, that the very witnesses the state relied on in this case..... are you a racist interview to all my clients family..... POINT.... 30 witnesses to counter this one witness.... information were at this.... EACH SIDE AVAILABLE TO PRESENT WHATEVER CASE.... DO SO WITH OWN PERIL FOR OPENING ANY DOORS... YOU ALL ARE EXPERIENCED LAWYERS AND KNOW WHAT YOU SHOULD AND SHOULDN'T DO... DONT WANT TO HERE ABOUT DOING THIS AND YOU DOING THIS 16:38:07 WE NOW KNOW WHAT INFORMATION YOU SEEK TO GET FROM THIS WITNESS, HAVE ARGUMENT IF HE IS AVAILABLE.... ANY OTHER REBUTTAL WITNESSES STATE IS SEEKING TO CALL? no your honor 16:38:35 BASED UPON THAT I DONT KNOW IF YOU HAVE ANY SIR REBUTTAL... TAKE THAT ISSUE UP TOMORROW.... INFORM JURY AS TO WHERE WERE GOING IN THIS CASE, EITHER BE MORE TOMORROW MORNING... JURY INSTRUCTIONS TONIGHT AND FINISH TOMORROW.. CLOSING ARGUMENTS TOMORROW... HOW LONG DOES EACH SIDE ANTICIPATE... rionda: 3 hours.... 16:39:41 YOUR OBJECTION IS OVERRULED....I think 3 hours is certainly enough... GOING TO BE A LOT OF CONVERSATIONS OR RULINGS CONCERNING JURY INSTRUCTIONS OTHER THAN WHAT WE DO WITH SELF DEFENSE INSTRUCTION.... omara: there's that and in addition gibbs vs state case... slight modification to the self-defense instruction, identify word..... circumstantial evidence that has been presented as existing element. WHEN DO YOU ANTICIPATE HAVING THOSE INSTRUCTIONS... I said tonight, with case law.... applicability to manslaughter in this case.... 16:41:10 HOW LONG ON JURY INSTRUCTIONS? I think half an hour... straight forward....... defines provoked.... IF YOU'RE NOT READY TO PRESENT TO STATE, WAIT FOR ARGUMENT... JUST SCHEDULING 16:41:45 IF I RELEASE JURY FOR RECESS AND BRING THEM BACK AT 10.... STATE CAN START 2 HOURS, LUNCH, DEFENSE 3 HOURS, STATE REBUTTAL........ 16:42:18 omara: opportunity to... DONNELLEY.. Donnelley and the rebuttal.... we may well have sir rebuttal witnesses together.... NONE OF THIS MAY OCCUR IF THIS WITNESS IS NOT AVAILABLE... LET COURT KNOW SOME TIME SOON... IT MAY BE A NON-ISSUE... wait to see if we need the argument? YES... BRING JURY IN TO EXCUSE FOR THE DAY AND BEGIN ON DONNELLEY 16:43:31 omara: also going to address argument if that door has been opened.... NOTHING HAS BEEN WAIVED, JUST WANT TO KNOW THE AVAILABILITY OF THAT WITNESS BECAUSE NONE OF IT MAY BE AN ISSUE.... we did file judiciary notice on exhibits..... 16:44:21 PLEASE BE SEATED..... LADIES AND GENTLEMAN, WE HAVE MORE WORK TO DO OUTSIDE YOUR PRESENCE.... RECESS FOR THE EVENING.... THE STATE OF WHERE WE ARE.... HATE TO TELL PEOPLE WHAT I ANTICIPATE BECAUSE SOMETHING ELSE OCCURS.... CLOSING STATEMENTS TOMORROW... COME BACK AT 10 AM... RECESS FOR THE EVENING: NO REPORTS ABOUT CASE. NO DISCUSSIONS. NO ELECTRONIC DEVICE. NO SOCIAL MEDIA. ASSURANCES? yes. PUT NOTEPADS DOWN, FOLLOW JARVIS HAVE A GOOD EVENING 16:46:20 PLEASE BE SEATED.... WHATS BEEN HANDED TO ME AS 213... CORRECT EXHIBIT? replacement. BOTH SIDES AGREE? yes. DEFENDANTS 40... BOTH AGREE? yes 16:46:46 LOOK AT DEFENSE EXHIBIT 39... ANY OBJECTION? rionda: shouldn't be, but may take a little longer.. they revised and we need to check... STATES MOTION REGARDING DONNELLEY 16:47:21 mantei: have testimony stricken, discovery violation... radical change in testimony.... sipio case, evans, and kasaca.... requests were denied at that time... indication the witness in addition to changing testimony was present in court.... I have since obtained confirmation... provide council and the court copies of photos and video... present for 2 days... 25th and 26th... sitting behind defendants family... captured on screens.... concession is that is that witness 16:48:48 subsequent sitting through witnesses.... surdyka as a younger man's voice, boys voice... following his presence in court... went home decided to listen to tape, contact omara and we know history from there... learned that similar things have happened with 2 additional witnesses.... john good met with defense and shoemaker to discuss and adjust and change the animation exhibit..... today we heard from olivia who watched and observed at least portions of testimonies including the defendants uncle 16:50:10 established now as far as procedural... Donnelley took upon himself to go ahead and do something which turned him from a non-witness into a witness... good was in contact with and discussed potential testimony and exhibit in violation of sequestration 16:50:56 I did.... I think the relevant case law as it relates to the sequestration rule.... sipio, evans and kasaca... some procedural prejudice, change in testimony and discussions with good and lesser extent olivia.... those are the ones we know about in this point in time... some procedural prejudice now.... court has powers above any of this.... cases cited to court are McKenzie.... whether a violation was with knowledge or conceit... good was with knowledge of council and Donnelley without knowledge of council, although whether defendant or family knew given location in court room 16:52:55 second way to determine this (west smiling under hand).... since already testified, strike testimony..... 16:53:22 earlier holding from dumas.... whether sequestration changed his testimony.... again before I get to other cases, change in testimony... change in exhibit for shoemaker and Donnelley's is radical and evident... hadn't heard anything and now did and recognized voice 16:54:07 scott vs state.... case from 4th DCA, referenced on page 4... defense witness who was present in court and then opted to express desire to testify, attempted to testify... discovery violation and expressed concern of sequestration... not in good faith...... 16:55:10 I think courts comments in that case are illustrative... mindful of law but scott making decisions.............. 16:56:47 whether testimony was challenged by what he heard.... defense tried to show it was and state tried to show it wasn't 16:57:09 dumas case sets forth older test..... pg. 2 of opinion in right hand column, disobeys withdrawal... not disqualified, cannot be excluded merely, but can be supported on sound discretions of trial court.... given both the nature to Donnelley and good and lesser degree olivia... radical change that occurred to Donnelley and exhibits and items discussed by good... renew our request and order his testimony stricken 16:58:31 omara: opening the door to all those violations... good, olivia... add to list shipin bao who had conversation with states office..... NOT A RULE OF VIOLATION TO SPEAK WITH ATTORNEY..... AS FAR AS BELETRAN, NON-ISSUE... AS TO MR DONNELLEY 16:59:40 referencing these to pile on... COURT IS CONCERNED OF 3 ALLEGED WITNESSES, SHOULD HAVE BEEN KNOWN BY COUNCIL TO NOT HAVE OCCURRED... I AM INVESTIGATING THE POSSIBILITY OF ANOTHER PERSON WHO MAY HAVE VIOLATED... HAVE NOT BEEN CALLED BY A WITNESS..... WILL TELL YOU AT THE BENCH IF YOU WANT TO 17:00:36 good and shoemaker never spoke... good was shown by me the animation to confirm with trial testimony that it was accurate, had him tell me... I then went to my expert.... absurd to suggest animation expert can't get information from testimony MY QUESTIONS OF SHOEMAKER WHEN HE SAID HE GOT INFORMATION FROM COUNCIL AND OTHER PERSON IN CONFERENCE, IT WAS MY QUESTION 17:01:53 not going to talk about bahador's change in testimony.... THE WITNESSES ARE ALLOWED TO TALK TO ATTORNEYS....THIS IS RELATING TO DONNELLEY.. SITTING IN THIS COURT ROOM AFTER SEQUESTRATION WAS INVOKED 17:02:25 Donnelley was here on days 2 and 3 until first morning break.... why removed at that point.... testimony he was exposed to.... wendy dorival, obrien (hoa), listened to bahador a person who never talked about 911 tape, had own take on evidence, sgt. romando, diane smith, surdyka's testimony... during that break that west noticed him and had him leave.... hear first half of surdyka's testimony, but it was the second half... heard someone scream, she didn't listen to the call.... 17:04:25 as to the violation and what he changed... I contested that he changed it, he added to it.... case law speaks to the infection of that testimony.... added to it by waiting 2 or 3 days before trial to listen to something.... 17:05:06 not a change, added to testimony 17:05:11 did the violation infect that testimony... nothing to do with what he testified to... prompt him to come to grips to listen to the tape, yeah maybe it did 17:05:36 delmonte case.... currently violated and look into circumstances.... Seminole case dumas case.... need to look into identification for collusion between the two if we did this in a form or fashion to violate geography of the rule.... under dumas case... state woefully failed to suggest violation occurred willful 17:06:54 other case law.... deals again with courts requirement to make identification of the violation... right to exclude witness from testifying..... not the defense collusion or knowledge but neither mr. Donnelley's... we won't call as a witness, what we did call him for... not for any other reason.... had relevant testimony to voice than we decided to call him. HE WAS ON WITNESS LIST. yes... but idea he was around wouldn't be affective to us and our witnesses..... once rule invoked, Shellie asked Donnelley to take seat with her....... 17:08:58 since I had never met him... west met at deposition... not pre-tried him as witness... no intention of calling him, nothing substantive to offer.... suggestion of knowledge or collusion 17:09:28 what is the remedy, need to find that even though technical violation...... mold into testimony, no finding of that or evidence or suggestion... know what his testimony was... it was limited to Saturday..... that was after he had removed himself from the court room some 5 days before.... 17:10:25 left the courtroom and stayed away until he took on himself to listen to tape, came to me and I presented as a witness..... no evidence in the cases I stated.... bizard and Atkinson vs state 317... supreme court case in 1985, benefit in case like that... right to present testimony in defense... McKenzie also stated 17:11:54 the entirety of case I presented, mcmann 104 federal reporter 3rd... stiles vs burgeron.... give court discretion on what sanction to impose.... need to have quantum of guilt before 17:12:36 no guilt shown, technical violation without substance, unfortunate it occurred... not a course of conduct... good not an issue, necessary and appropriate... YOU INDICATED THAT SHELLIE WANTED DONNELLEY TO BE IN THE COURT WITH HER, BUT SHE WAS SUBJECT TO SEQUESTRATION ALSO... AT OR DURING OPENING STATEMENTS, SO SHE WOULDN'T HAVE BEEN HERE FOR FIRST OR THIRD DAY OF TRIAL TESTIMONY... not here then... WELL YOU SAID HE CAME TO SUPPORT HER... she made decision to come by and support since mom and dad were excluded..... but then she couldn't..... TO MY LEFT, FIRST ROW IS BUFFER ROW, SECOND ROW IS MARTIN FAMILY ROW, CHOOSE WHOSE THERE AND NOTIFY THE SHERIFFS OFFICE, AND THEN ROWS BEHIND THEM ARE LOTTERY.... TO MY RIGHT FIRST ROW IS BUFFER, SECOND ROW IS ZIMMERMAN FAMILY ROW, SAME PROCEDURE TO AUTHORIZE WHO APPEARS, ROWS AFTER THAT ARE MEDIA... AM I WRONG? no. SAYING DONNELLEY WAS SEATED IN MEDIA ROW AND NOT FAMILY ROW? I had not met the man, I know he's on that side.... west can clear up those facts... pictures in the court on right side... offered to support George... WEST, PLEASE? 17:15:47 west: the issue of whether Donnelley was here... addressed.... Tuesday and Wednesday morning... I met Donnelley at deposition, able to recognize him, when we took that recess... he said good morning and we shook hands, first time I noticed he was in the court room.. omara wouldn't have known how to recognize him.... it was whenever that recess was.... mentioned to Donnelley that the court invoked sequestration and he had to leave court room... would not be able to attend court proceedings, apologized and would do that... didn't express knowledge of knowing the rule was invoked previously... responsibility of council or staff.... no question he wasn't informed, couple hundred witnesses on the list... efforts made to contact witnesses we'd likely call... Donnelley not on the list... that's it... I didn't tell Donnelley specifically prior to appearing that the rule had been invoked... I don't believe anyone from omaras office told him... no reason to think Donnelley flaunted or disobeyed an order of sequestration.... inadvertent on his part, some responsibility lies with myself or staff 17:18:35 as to Shellie Zimmerman issue... WAS HE SEATED IN FAMILY ROW, SECOND TO MY RIGHT? can't speak to that, wasn't seated when I saw him... standing in corridor exiting a row... when the rule was invoked and all of the Zimmerman family was excluded from court room.... because Shellie who the state did not call was excluded from these proceedings asked Donnelley to come in support of Zimmerman.... 17:19:44 omara: he was in the second row your honor 17:19:51 mantei: McKenzie case says violation with knowledge or consent of council, testimony must be excluded.... it was known the witness had been here, known he was told h head to leave... disclosed new testimony, changed, or added and the fact he had been here was disclosed neither to court nor the state... 17:20:51 sipio says only the court can determine it was not prejudice..... courts review to find that's exactly what happened, must be excluded.... two separate analysis... council knew about violation and not disclosed and if council did not.... crump was also forced to be absent and never called 17:21:51 616.1 IS RULE OF SEQUESTRATION... PROVIDES THAT COURT WILL DETERMINE A VIOLATION OCCURRED WITH KNOWLEDGE OF PARTY OR COUNCIL... MAY EXCLUDE WITNESS IF TESTIMONY WAS SUBSTANTIALLY AFFECTED, DIFFERED IF HE DID NOT HEAR TESTIMONY.... COURT IS VERY VERY VERY VERY CONCERNED THAT WAS FOUR VERYS ABOUT RULE OF SEQUESTRATION AND THE WITNESSES AND COUNCIL ABIDING BY THAT RULE.... WHETHER WITNESSES HAD THE KNOWLEDGE, BASED UPON WHAT I HEARD I DO NOT BELIEVE HE HAD THE KNOWLEDGE, HE WAS NOT SPECIFICALLY TOLD.... WITH A COUPLE HUNDRED PEOPLE ON WITNESS LIST, HARD TO NOTIFY ALL OF THAT ABOUT SEQUESTRATION... NOT EVEN 1 HALF OF THOSE WITNESSES WERE CALLED... CANT MAKE FINDING HE HAD KNOWLEDGE.... IF HE HAD CHANGED, CANT MAKE THAT FINDING EITHER... MOTION FOR SANCTIONS IS DENIED.... COUNCIL APPROACH FOR ONE MOMENT (sidebar) 17:29:09 NEXT ORDER OF BUSINESS IS PROPOSED JURY INSTRUCTIONS, SOME SUGGESTED CHANGES... COURT WANT TO GO THROUGH GENERAL INSTRUCTIONS TO HAVE AGREEMENT AS TO THOSE.... 17:29:36 THANKING JURY FOR ATTENTION AND PAYING ATTENTION IM ABOUT TO GIVE... ANY OBJECTIONS? no. no. MR ZIMMERMAN DO YOU HAVE A COPY YOU CAN LOOK AT WITH US? yes 17:30:04 STYLE OF CASE, SECOND PAGE IS WHAT I READ... WANTED TO MAKE SURE HE HAD A COPY IN FRONT OF HIM... STATEMENT OF CHARGE, OBJECTIONS? no. no. RESERVE TO HOMICIDE..... SUGGESTED CHANGES GIVE TO OTHER SIDE... SAME FOR SECOND DEGREE MURDER INSTRUCTION, RESERVED... POSITION OF FIREARM AND DISCHARGE CAUSING DEATH, ANY OBJECTIONS? no... omara: substantively no, depending on charge 17:31:15 LESSER INCLUDED CRIMES OR ATTEMPT, MANSLAUGHTER AND AGGRAVATED ASSAULT OBJECTIONS? no... omara: one to bring up tomorrow.... POSSESSION OF FIREARM AND DISCHARGE CAUSING DEATH, SAME AS ONE THAT? mantei: as it relates to aggravated assault...ANY OBJECTIONS TO NOT READING A SECOND TIME? mantei: as long as reference made that's the 10-20 life enhancement 17:32:46 JUSTIFIABLE USE AND DEADLY FORCE, SUBJECT TO DISCUSSION TOMORROW... TAKE INTO CONSIDERATION THE CHANGES CURRENTLY BEFORE THE SUPREME COURT....PLEA, OBJECTIONS? no. DATE OF CRIME.... VENUE..... WEIGHING EVIDENCE, 1-5... THEN 6-10... STATE REQUESTING 6-10? 8 should apply and I believe that's the only one... DEFENSE REQUESTING ANY OTHERS? none of those... testimony from state on inconsistency... THAT DOES APPLY 17:34:14 6,7,9, OR 10? no. no. EXPERT WITNESSES.....DEFENDANT NOT TESTIFYING.... DEFENDANT STATEMENTS.... RULES FOR DELIBERATION..... mantei: what we want to do with 7, no questions written that weren't asked... don't think 7 needs to be there. DEFENSE AGREE? we do... 17:35:28 NOTES..... CAUTIONARY INSTRUCTION.... VERDICT..... SUBMITTING CASE TO JURY.... STATES PROPOSED SPECIAL JURY INSTRUCTION, ARGUE TOMORROW... ANY OTHER PROPOSED FROM STATE? not at this time... omara: I was using copy.... LAST PAGE... OTHER THAN WHAT WE DISCUSSED, ANY OTHER SPECIAL INSTRUCTIONS FROM DEFENSE? no... NEED PROPOSED VERDICT FORM, GIVE A COUPLE OF SCENARIOS... LESSER OFFENSES TOGETHER, ONE THAT IS ONE OR OTHER AND INCLUDE FIRE ARM 17:37:03 ANY OTHER MATTERS REGARDING INSTRUCTIONS? no. mantei: defense requesting special instructions... JUST CHANGES TO THE CHARGES, EXCHANGED TONIGHT VIA EMAIL... TALK AFTER COURT ABOUT THAT.... PREPARE TO TALK ABOUT TOMORROW 17:37:38 TAKE MORE THAN AN HOUR TO GO OVER JURY INSTRUCTIONS? omara: hour or so... 17:37:54 omara: ask we delay closing arguments to give time to prepare for.... BEGIN CLOSINGS AT 1... STATE GO THROUGH, DEFENSE CAN DO CLOSINGS ON FRIDAY MORNING... STATE REBUTTAL FRIDAY MORNING.. AND DELIBERATE FRIDAY AFTERNOON.... WHAT TIME DO YOU WANT TO COME IN? 17:38:38 omara: 8:30? asking to change that.... YOU SAID YOU WANTED TIME.... START AT 10 ON INSTRUCTIONS, START AT 10:30 AT INSTRUCTIONS OR DO IT IN THE MORNING... NOT START CLOSING UNTIL 1... rionda: start earlier, mantei will be doing it..... prefer 8:30 or 9:00 17:39:29 COURT IN RECESS UNTIL 9... JURY IN AT 1... ANYTHING ELSE TO TAKE UP? omara: does it not make sense to start closings Friday morning... TOLD YOU SCHEDULE BECAUSE IT MAKES SENSE TO ME... YOU INDICATED MORE TIME, NOW YOU HAVE IT AND STATE DOESN'T NEED ANY MORE TIME.....RECESS UNTIL 9 AM 17:40:23 COURT IN RECESS ============================ OMARA PRESSER: 18:00:00 afternoon... once again, not much to say to start out with... glad were done with presentation of evidence... fun part of the trial, I get to argue.... nothing to do with evidence, let jury make decision 18:00:31 george's decision to not testify, seemed hesitant? no were done and a big part of him wanted to get in front of jury and say this is what I've done and why I did it... give his side, very difficult decision for him to make... with the evidence the way it is, I think we have a good chance with jury... already given story and statement 5 or 6 times.... 18:01:26 leaning toward wanting to testify? wanted to tell his story and interact with them, this is what was happening to me and why I wanted to do it... give doctors the scalpels for a reason.... 18:02:07 work so hard to get the judge.... marijuana evidence? judgment call all along the way, relevant.. don't think it...... should be available to us if we decide to present it.. hope everyone believes we presented this case in a way that did what we could to defend George but still protected the memory of a 17 yr. old son.... focus on context of being respectful to the event... impact on decision a lot 18:03:21 lesser charges? doesn't apply.. self-defense applies to all... what happened out there was not a crime, shouldn't be 2nd degree murder or any lessors... what George did was intentional act, why he did it was self-defense... not man slaughter charge 18:04:02 wanted to respect martin but bring up the texts? in like form, make sure that was our decision... judge should've left that to our discretion, respect her decision... reason for wanting it as an option 18:04:34 animation used in closing statements? sure, why not.. great piece of demonstrative tool... vantage point movie connection root said is perfect... present as one cohesive form 18:05:06 clients state of mind knowing fate will be decided? worried... we still have a case where he's trying to be put behind bars 18:05:29 Florida's 10-20 law apply? it doesn't, need a conviction before it applies..... 18:05:51 strongest part of your case? that George had no alternative, did what he had to do to protect himself from great bodily injured... if we presented evidence that helps jury understand that 18:06:21 expect rebuttal from state? no were done... no further evidence, not moving forward... no further rebuttal or sir rebuttal 18:06:37 what happened with crump? judgment calls.... wanted testimony and as a witness fit that in... overall context of how you present this defense case... 200 witnesses and only 80 called... 18:07:12 lesser charge? concerned with that? absolutely... I do not want jury looking at this and feeling that a loss or sympathy should be considered.. affirmative and just decision, no pardon for my client or compromised verdict... evidence they should get.. follow law and apply the law 18:08:01 Zimmerman on the fence to testify, not confident with case? no he was confident, desired to talk to the jury 18:08:18 what lessors? manslaughter is category 1, aggravated assault.... only ones considered 18:08:37 manslaughter with gun and without gun? correct all variables 18:08:49 not accessible to jury? correct 18:08:56 downside for defense to bring in marijuana evidence? hard to say to take string out of tapestry... didn't seem to be significant enough to make the focus on that... concerned on juries sensitivities... taking into consideration what the jury will view.... look at that and weight positives and negatives 18:09:45 intention all along to begin with Georges mother and finish with his father? no. 18:10:01 plan to get on the dummy? the doll, no it was impromptu 18:10:12 discovery misconduct, where did their actions hinder you? in a lot of ways I could say easily, phone evidence we got late... background work to make it admissible... scraped through it, took what we got and fought till what we got what we needed... still a pretty decent case 18:10:55 typical amount of time? reading the instructions, feels like forever but it's probably 10-12 minutes... copy can go back with them 18:11:23 if either side request, judge has to include it? category 1s are mandatory, but judge has to make determination there's fact to support it... can't ask for marijuana possessed by George, no facts to support it... no facts to support lesser 18:12:11 sentence? range from life in prison or a free man 18:12:22 face up to 30 years upon one consideration 18:12:33 no that's 1 not problem, but concern is we can't advise them as to the penalties... up to the judge 18:12:52 this jury listening attentively and will listen well to the instructions, apply facts to the law.... 18:13:09 she can still tell them discretions? no no she will not.. nothing mentioned to sentencing 18:13:23 parents in court? very emotional 18:13:30 still be able to have a life? I think that he's worried about safety going forward, same people of fear and hatred are not going to accept acquittal but they should cause the system is working 18:14:08 I think there's a question of semantics or words.... always needs to account with defendants conversation in council... wasn't substitutive 18:14:35 neighbor whose house was broken into, didn't connect them to... what was that about? not aware of this but the last years' worth of burglaries now of evidence.... jury has to consider last years' worth of alarms going off... she was one of most recent victims and more horrific of home invasion... necessary to present 18:15:31 hearing about restraining orders and the assault? state was considering that for rebuttal and decided not to 18:15:47 mentions of don wests daughters? we've been cautious to this whole thing.... last week with racially insensitive event, it wasn't.... picture was taken 2 days before jeantel testified.... cautious in the future.... willing to talk 18:16:32 surprised prosecution ended up with so few rebuttal? they're rebuttal is directly connected to what we represent.. we had a lot of voice witnesses... dr di maio's event how it occurred... in their minds had presented enough Following a night of tension and arguments in the courtroom, this morning the George Zimmerman trial will resume on what is likely the last day of testimony for the defense. Judge Nelson ruled that the animation of the incident the defense wanted, can come in, but not as factual evidence, just a demonstration. She also ruled that the text messages in Trayvon Martin's cell phone would be inadmissible. Once the defense rests, the state will have a chance at a rebuttal, which is expected to take half a day.

Businessman in a bar, having a drink; exterior shot of businessman climbing in his car and heading to. . . disaster; DX group of teenagers in park, lounging around picnic table, drinking cans of Hamm's and Budweiser beer.

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FILE

 --VO SCRIPT--
SO-CALLED "AFFLUENZA" TEEN ETHAN COUCH ISN"T GETTING OUT OF JAIL ANY TIME SOON. 
A JUDGE REAFFIRMED 19-YEAR-OLD COUCH"S NEARLY TWO YEAR SENTENCE IN AN ADULT JAIL TODAY (WEDNESDAY).
THE JUDGE ALSO CANCELED AN UPCOMING HEARING SET FOR MAY 16TH.
WHEN COUCH WAS 16 -- HE KILLED FOUR PEOPLE IN A DRUNK DRIVING ACCIDENT. 
HE WAS CONVICTED IN 2013 AND SENTENCED TO 10-YEARS PROBATION... BUT NO JAIL TIME. 
THAT CHANGED LATE LAST YEAR WHEN AUTHORITIES SAY COUCH VIOLATED THE TERMS OF HIS PROBATION BY TRAVELING TO MEXICO.
THE U-S MARSHALS SPENT WEEKS SEARCHING FOR HIM BEFORE HE WAS DETAINED BY MEXICAN AUTHORITIES. 
 -----END-----CNN.SCRIPT-----

 --KEYWORD TAGS--
ETHAN COUCH TEXAS DUI MEXICO



INT BROLL GEORGE ZIMMERMAN TRAYVON MARTIN TRIAL / SWITCHED POOL FEED KATIE HUBER LOG **NOTE: JUDGE'S COMMENTS IN CAPS **NAMES OF WITNESSES IN RED **VISUAL DESCRIPTIONS IN (PARENTHESES) **GOOD STATEMENTS/VIDEO BOLD 8:58:40 PLEASE BE SEATED. GOOD MORNING 8:58:50 omara: approach on a couple issues before the jury comes in... SURE (sidebar) 9:11:24 READ CASES BY DEFENSE.......... AND THE CASE PROVIDED BY THE STATE........ FIRST OF ALL IM GOING TO PROVIDE RULING TO ANIMATION, STATES OBJECTION IS SUSTAINED... CAN BE USED AS DEMONSTRATIVE.... FOR CONNOR, INFO FROM HIS PHONE.... COURT FINDS THAT SUBSECTION DOES NOT APPLY, STATES OBJECTION IS SUSTAINED..... I NEED TO ADVISE YOU ZIMMERMAN TO YOUR RIGHT.... RIGHT TO REMAIN SILENT, RIGHT TO TESTIFY IF YOU WANT TO, MAKE THAT ALONE BY YOU.... MAKE SURE YOU'RE HAVING CONVERSATIONS IF YOU WANT TO TESTIFY, JUST NEED TO KNOW YOU HAD THE DISCUSSIONS AND ASK YOU ABOUT THAT LATER.... 9:13:46 west: the text messages, 90.903 was not the only basis... it is relevant evidence, no hearsay objection that could trump the constitution when powerful evidence is offered... COURT MADE PRE-TRAIL RULING, THAT RULING STANDS AS DOES THE RULING TODAY...... 9:14:32 READY FOR JURY? yes. yes 9:14:42 BRING THE JURY IN.... 9:18:03 PLEASE BE SEATED.... WELCOME BACK, QUESTIONS: DISCUSSIONS ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS ABOUT CASE? NO HANDS RAISED. READ OR CREATE SOCIAL MEDIA? NO HANDS RAISED. USE ELECTRONIC DEVICE FOR RESEARCH? NO HANDS RAISED 9:18:58 JUROR E6 IF YOU NEED TO LEAVE THE COURT ROOM, JUST LET US KNOW AND WE'LL TAKE A RECESS....... CALL NEXT WITNESS... Dennis Root 9:19:31 (sworn in) 9:19:49 omara: good morning. name? dennis root. 9:19:59 occupation? self employed as a safety and law enforcement trainer, private investigator and expert witness 9:20:16 begin at beginning and tell us how you first got involved in law enforcement? in April 2011 I retired after 22 years of service, began in Riviera beach.... road patrol, offered opportunity to obtain instructor certification for defensive tactic.... subsequent training courses for pepper spray.... leading tactics 9:21:25 as you go through it, advise jury what you mean and science behind impact weapons? batons... side handle baton to expandable baton... metal or wood, geared toward those for striking and blocking 9:22:02 ways to actually use those weapons? impact weapon and all weapons basic operating certification... teach them laws surrounding use of the system, how to carry and present, and utilize.... striking or blocking, take down and things like that.... educate operator on target areas..... designed to educate operator on how to properly use for defensive and offensive needs 9:23:18 level of proficiency that allowed you to train others? yes... instructor and instructor trainer and an instructor level course... I teach the instructor of the instructors... master level trainer 9:23:55 initial law enforcement career beginning with Riviera beach? yes sir. what else? while there I became defensive tactics instructor, required state course...... also became instructor for pepper sprays, trainer's course to teach the basic course.... similar nature as you do with impact weapons 9:25:00 concept of force continuum? systematic approach to escalation and de-escalation of force options.... all events start with someone being present, evaluate each level... break down for the aggressor and the officer or aggressor and defender.... various levels of options available to the individual.... personal information like age height and weight, background and environment considerations.... if I were to do a you would be permitted to do b... structured system 9:26:38 information you learned as law enforcement officer and now teach? yes.... first topics they go over is the law.......... bat belt, gear wrapped around them... average person doesn't.... essence remains same, but availability of options changes 9:27:40 learned as rookie? training on force begins in police academy... high liability classes... key based building blocks that starts in police academy and never ends.... various weapon systems and communications.... all things officer can utilize in their career, maintain level of proficiency 9:28:32 continue with certifications? in Riviera I was on site traffic unit... teaching DUI as well, certified with DUI stops and things.... created training program on that.... how long were you with? 5 years 9:29:18 any other specialties or training focuses? while there I attended conferences geared toward defensive tactics.. fell in love with the topic, knew it was something I wanted to do for the rest of my career.... became an instructor for vascular strengths... choke holds..... ink pen knife defenses..... way to utilize pen in defensive measure if you can't transition to firearm 9:30:38 any other? no that's pretty much it there 9:30:50 have something marked if I might your honor..... resume or cv? yes. helpful to have it available to you? it could... it's my life so I'm pretty clear on it 9:31:28 move forward after Riviera? Jupiter police department, road patrol duties. how long? that was just under a yr... opportunity to take on lead role as defense tactics instructor 9:32:13 defensive tactics is how somebody would defend against someone else? it's fighting. fighting that reduces injury to yourself? yes..... utilize force it's in response to someone's action... some offensive techniques.... but normally wouldn't just approach someone and start a fight 9:33:06 always on 3-11 shift where it was busy... in Jupiter, seniority basis so I did midnights.... I have a condition that doesn't let my body change, couldn't adapt to midnight, told administration about it... extended me opportunity to move to 4-12 shift... a lot of strife in my career, more senior people ahead of me... better idea that other options were presented 9:34:11 short duration due to disciplinary? none whatsoever 9:34:25 went from Jupiter to where? martin county sheriff's office... juvenile boot camp... unique opportunity to work with kids. what did you do? started as drill instructor, because of background and experience... asked to take over training aspect of the program... given responsibility of sanctions unit, probations officers.... promoted to sergeant and ran that until road patrol and other opportunities in sheriff's office 9:35:46 any other certifications and training in law enforcement focus? opportunity to experience just about everything, training unit, criminal investigation, traffic, road patrol, canine unit, entire process was also ancillary instructor.... became instructor with Taser international... started teaching instructor courses for that..... use of force specialist. Or training standards... take experience of other deputies involved and turn into training opportunities..... dedicated most of my time to continuing my training and force related topics... tactical shot gun instructor..... took on responsibility on the local academy.... corrections and law enforcement tactics 9:37:57 teacher and mentor stepping down allowed for me to get lead position...... obtained 2 yr. degree in criminal justice, teach instructor level classes at colleges.... 9:38:30 use of force specialist.... continuum of force and how and when to use force? yes... my job was to develop use of force training.... defensive tactics.... 9:39:28 continued and went back for regional trainings.... annual certification courses...... NRA courses.... became state licensed firearms instructor... teach armed security courses........... communication..... how to communicate in a way that's not aggressive.... worked closely with lieutenant of programs 9:41:05 proper ways to handcuffed people? yes.... handcuffing someone is putting restraints, too tight can cause injury..... good side is the one that moves, use bad side to make contact can cause injury.... 9:41:46 use opportunities or situations as training exercises....? not just when they do something wrong, but also correctly..... I get handed paperwork, here's what happened... speak with officer and supervisors, if something wrong, reeducate them, but also use opportunity to remind others how to do it.... unique situation for officers... look at face value and create training scenario to put others through controlled event 9:43:00 continued your experience.... continually focus on those events and you became go-to person for those? the agency, state attorney's office, I was the person that I was given opportunity to provide and review..... taught at or been with other training programs.... developing policy for first time I would get phone calls on how their policy should be written.... person that others came to, testified to grand juries... 9:44:28 other certifications through time with martin county? I try to find instructors course for everything... if you can teach it you can form it better... canine handler, became canine team instructor..... knife guns, batons.... weapon system I had opportunity to provide training with it.... impact, Taser... I became instructor... 4 courses I created and teach myself 9:45:56 aside from that, any training or expertise in general fighting.... not law enforcement but still assist you? I started martial arts training when I was 13, became semi pro kick boxer, super fight in Orlando... physical conduct, 2 older brothers and I was beat up.. bring that personal experience.... martial arts, kick boxing... training with Chris Anderson and rico, train with them and learn from them... continued on. involved in martial arts organization, privilege in developing firearms related to martial arts... samurais are accurate but toward end they were using firearms.... dennis Richie runs an organization to bring through all of those.... 9:48:03 ever take opportunity to score with your brothers? I did, I lost... through our transitions and schooling he realized it was better to leave me alone.... he knew better 9:48:32 with martin county, completed with them? yes, retired in April 2011 9:48:43 last few years with martin county, focus on assisting the county on dealing with forced events? even after retiring, opportunity to continue training with agency... started my training company, law enforcement and civilian training 9:49:34 did that include opportunities for use of force events? have had our fair share... at tenure, approached by state to give opinion in grand jury.... brought in by our agency to meet with attorneys group for evaluation of use of force to determine whether I considered it reasonable or not 9:50:53 experience with presentation to grand juries, what would you do? given all of the evidence, written reports, any cds photos videos, all the evidence........ job is to evaluate from every perspective possible.... be given all the evidence, formulate opinions to how I thought it went.... to be reasonable or not.... state ask for my opinion and I would provide based on my background experience 9:52:29 how many occasions to present testimony? 6 different times...... 9:52:42 exhibit RR and identify that? that's my CV 9:53:04 DEFENSE EXHIBIT RR WILL COME IN AS 24.... 9:53:14 regarding testimonies with grand jury, we had discussion to what you will testify today? yes 9:53:28 how you and I first got together, witness in this case? I reached out to Mr. omara when I saw the case unfolding like others in the media... had unique interest in it.... didn't know what happened, reach out to him cause I thought I had a unique perspective to come to realistic conclusion on things... render my background experience to see if it help.... 9:54:17 my experience has been reaching out to defense attorney as a former police officer... plenty of experts available... reached out to him because if I reviewed the material and couldn't offer opinion I wouldn't hinder, but if I could be of assistance I knew I could.... 9:55:07 began working together on this case? yes 9:55:12 what you would want available to you and what you got? I request everything that I can... look at it from as many perspectives as possible... their upbringing, background, lifestyle.... as much info as possible, photos and witness statements... so I can see a complete picture, not one guided from one to another.... experts job is to look at everything 9:56:17 in this case, what did you request and what was given? everything I requested was provided.... 911 calls, reports from law enforcement, ME office... anything written down to get insight from witnesses that provided statements but also the investigators.... sometimes you can think of a question and you didn't know it but another investigator asked... crime scene photos there, everything I requested I can't think of anything I wasn't provided 9:57:32 witness statements produced from law enforcement? yes. deposition transcripts? if available, yes 9:57:54 receive police file? to the best of my knowledge I've gotten everything.. don't know what you don't know, but I believe I got everything 9:58:16 autopsies concerning injuries? yes. pictures of martin and Zimmerman? yes 9:58:28 opportunity to review any of the scene mock ups or drawings? only scene drawings I saw were from investigators.... no state mock up 9:59:20 opportunity to review video, audio and written statements from Zimmerman? yes I did 9:59:34 did you get entirety of information you requested? as far as I know... anything we said we didn't want you to have? no...... 10:00:09 TV interview... either not seen it, when guy asked me about it... since then I have viewed it... Hannity interview? yes. jury has reviewed that.... 10:00:41 enough information in this case to review the info and focus opinion regarding events? yes. 10:00:57 in the overall scheme of cases, is this less than you normally review, average? this is average for significance of this issue... a lot of material but on average you're going to get a lot of data 10:01:29 narrow their focus to their area of expertise.... lay foundation for jury, what filter to focus the info that's relevant for you and your opinion? background training or experience.... totality of circumstances known today... my training company is mainly individual training, I take all of that experience and use that to filter information, plus 20 years of law enforcement 10:02:47 done in this case? absolutely 10:02:53 what information available to you assisted...... focus based upon the event surround the intersection of Zimmerman and martin? primary focus area 10:03:14 altercation and the shooting? correct 10:03:22 walk jury through what information you looked at and then found relevant to assist you? first thing I utilized is the initial calls that come in... establish timeline for events.... helps to understand issue.... what some may see or hear doesn't mean they didn't see or hear... different perspectives....... initial witnesses with key witnesses..... 10:04:28 in depositions and prior conversations the identity of witnesses was confidential..... that restriction is relaxed, names are available.... identify them by name? I reviewed all of them, from lauer, good, bahadors.... I listened to every audio recording from the 911 calls that came in as well as witnesses.. compare to where on timeline it would fall... 10:05:55 attention called to event because of screaming, certain things already took place because of the screaming... filter in the situation witnesses who stepped out and interacted............. 10:06:35 as to the witnesses you viewed.... your training and experience, how do you view witness statements and whether or not you can guarantee accuracy or not? very fluid... based on perspective... movie fanatic, vantage point... showed one single event from 8 different perspectives... that's the reality, begin to listen to statements made..... initial interviews, usually getting the most raw information, most immediate access, no other stimuli... separate witnesses.... you may sway to my perception... those are usually most raw, not always complete, but essential elements... deep in their mind 10:08:42 if they have subsequent interview, see things change a little bit... remember perspective..... hot pot theory... if I took pot and placed in freezer, ice cold and cold on your stove... if I asked you to pick up the pot and move it, feel that temperature your letting go... some will test it.... brain took into account what they perceive what's a pot... still believe it's hot because of surroundings...... put into their shoes, merge their perspective with the perspective of another coupled with physical evidence 10:10:46 run into situation with conflicting statements, understandable or deceit? conflicting statements are normal, also normal from people involved in the event... high stress event.......... some people want to live in bubble, don't want to accept certain things happened.... look at essence.... slight deviation, look at context in its presentation.... based on perspective, always going to have those variances 10:12:33 surdyka's event...... Objection! Improper! ILL LISTEN TO NEXT QUESTION.... thought she heard 3 shots? yes. cause for concern? Object! Commenting on Another Witness.... APPROACH (sidebar) 10:15:30 review of surdyka's statement, pop pop pop.... concern or fit into different perspectives? it didn't raise concern.... someone talking about multiple sounds in enclosed areas or not wide open... not uncommon it sounds like many... bouncing off buildings or alcoves..... perceptual deceptions... use law enforcement experiences... second guess themselves... it alters manner they are receiving... natural human response.... people will experience memory issue... how they perceive it... make the best sense of it 10:17:16 how you filtered in to the event that was the focus, the altercation? lauers 911 call and most information in the event, coupled with photos on injuries... those statements, calls, and injuries.... match things up bring into perspective does this lead to this.... someone involved in physical altercation..... if I heard one of the other statements that coincided... lady interview indicated she saw flailing arms, coincide with what was seen by good. Objection! omara: ill move him on 10:19:18 explain to jury... what elements in this event were of relevance to you, environmental, size.....? focus into perception... environment lightning conditions, injuries sustained by Zimmerman.... look at dynamic event from a-z... if it continued and you had unrelenting attack.... my interpretation is taking into account, forming beginnings... consider individual on their back, striking, throwing blows... pushing... driving the person down, what the perception might be at that time... if I was in those shoes at that time, efforts to gain assistance... what would be their response 10:21:19 what information did you have from discovery as to environmental status? lighting was poor, wet.... dark behind buildings, isolated... wet conditions rain ground water slippery, isolation of individuals in the dark....... 10:22:17 utilized Zimmerman's statements that he was struck first as you moved forward? yes.... that's what I used he was struck first, yes 10:22:33 any other evidence in that regard? as far as striking taking place... Objection! Improper! SUSTAINED. REPHRASE 10:22:57 look at any photos of Zimmerman to assist in making opinion that he was struck? without question... when reviewing photos of Zimmerman, consistent with information provided 10:23:22 also look at location where exhibits were found near the T intersection? yes.... small flash light found near the T intersection..... Zimmerman's keychain and flashlight? yes. assist in determining where or support where altercation began? Same Objection! omara: it's his opinion... guy: asking if it supports. omara: I'll ask a different way 10:24:15 assist you in determining where the altercation took place? of course, look a totality of combat event... something caused him to drop that item in that location 10:24:39 did you have an opportunity to view the composite showing the sidewalk going down the center? yes. pictures in that regard as well? yes 10:25:00 pictures regarding injuries to his head? I did. assist in forming your opinion on how those injuries were inflicted? absolutely... consistent with a physical fist fight.... not an actual weapon used... based on my training, consistent with fist fight 10:25:38 consistent with head being struck by anything other than fist? Object! SUSTAIN 10:25:58 looking pathway and the bodies, did that assist you in determining where the altercation ended? yes. very clear. where? ended up in the grass... from concrete to grass, outside good's townhome 10:26:26 in y our consideration of use of force event, consider relative size and physical abilities of 2 individuals? absolutely.... look at force continuum... individual factors, age size, gender.... special circumstances............ 10:27:25 did you have information made available about Zimmerman? yes. what information you reviewed to assist you in that analysis? spoke directly with Zimmerman once and I spoke with his gym owner, inquiring as to his background training and experience was.... if I was dealing with chuck Norris I would expect different response than dealing with Peewee Herman.... 10:28:29 I presume the two of you can speak the same language in kick boxing training? yes.... what information from him about Zimmerman's ability? didn't have any... described as being a very nice person but not the fighter.... 10:29:07 we deal with warrior mind set, dedicated to very end... dedicate life, ability, and training... some are natural born athletes.... interactions with Pollock indicated Zimmerman's training was limited to that gym, physical ability... class of convenience, never working a heavy bag... grappling he went from bag to partner... grappling you can tap out... boxing you get punched and injured, he didn't have physical ability to box another person.. shadow boxing and heavy bag were best for him 10:30:45 anything further you became aware of? no sir just what the gym owner provided me with 10:31:08 focus on martins physical size and that was relevant? telling about an individual than age.... nothing indicated that martin wasn't physically capable.. looked at size and weight, comparable... overall good physical health, physically fit... compared to Zimmerman who was losing weight, not to be physically fit.... in reviewing documents provided, photos can't tell you everything... read in discovery that fire paramedic estimated martin to be 20s.... I interpret photograph, I'm not standing next to him... use that as reference 10:32:56 what are your thoughts on comparison between the two in their physical abilities? martin was active and capable... Zimmerman is individual by no stretch an athlete... find himself lacking when compared to martin 10:34:08 length of altercation? of course I did... any combat event, if you have not won in 30 seconds, change tactics..... not able to win in first 30 seconds, change tactics... you only have so much gas in the tank, can only do something you have experience... not that you lost.. just change tactics, can't succeed in 30 seconds you are diminishing on return physically 10:35:27 given period of time on 911 call... about 40 seconds of time... long time for physical altercation... plays into decision making of anyone involved 10:35:52 did event of someone screaming, impact at all in you how you perceived the altercation? the shrieks for help indicated high level or stress and fear... 10:36:18 the length of them? it lasted forever.... as taser weapon instructor 5 seconds to our personnel... at the end of the 5 seconds the one who endured it will tell us we held it for longer... 40 seconds is eternity when involved in physical contact 10:37:12 discharged firearm? yes 10:37:17 look at discharge or event, context of what you have done with officer involved shooting... something you focus on that leads up to discharge or firearm? yes 10:37:41 what leads up to it.... was discharge of firearm itself instructive at all to you? based on information I reviewed.... 10:38:13 understanding he shot it once? yes. 10:38:21 unusual to stop at 1 or in your experience, matters with others you've looked at? Object! Improper, Relevance. SUSTAIN 10:39:00 discharge of firearm, evidence he acted in ill will, spite or hatred? Objection! PLEASE APPROACH (sidebar) 10:41:22 whether or not the firing of single shot evidenced ill will or hatred.... 10:41:43 looking at the fact the gun was fired at close range.... how far away the gun was? yes. what is that? it was within 6 inches 10:42:07 as premise, it was close range and shot once... evidence to you ill will, spite or hatred? no 10:42:31 in your background and training and experience of people involved in shootings, how are law enforcement shootings handled as far as interview? with law enforcement... Objection! Relevance! TO PUT INTO CONTEXT, LEEWAY 10:43:09 majority of your experience and training is because of your law enforcement background deal with law enforcement events? yes. handle non law enforcement? yes. majority are law enforcement? yes 10:43:48 realizing that and using broad base with shootings... concerns that exist with interviewing person being involved? memory issues... primary concern is people involved in high stress event, critical stress amnesia.... 10:44:39 interviewing those people? how accurate the information is going to be, have they compartmentalized the event and accept what's taken place.... always the problem that if I was involved in shooting and gave statement an hour later... memory is evolving... have varied statement, slight changes if too much is given to a change... may take me some time of what took place 10:45:45 procedures in place to safe guard against concerns? Object! Relevance.. omara: ill rephrase it 10:46:04 are there policies or best practices as to delay period or time concerns? any kind of delay..... general practice in anything made 10:46:47 waiting periods for in depth interview? training regimens, teach classes on force.. talk to them about use of deadly force, always explain remember you won't remember everything, could take you up to 72 hours... always caution law enforcement.... don't want anyone to misinterpret statements 10:47:35 does that give to the state? Yes. Objection! 10:47:53 assisting departments you've assisted, as law enforcement or expert witness.... do you have opinion concerning whether a delay to occur results in more accurate statements? get a better statement from someone 10:48:31 omara: good time for morning break? THEY'RE GOOD... omara: still ask for a minute if I might? YES 10:49:24 another area I didn't go into... your firearms training... fairly well trained in all areas of weapon systems? yes sir.. teach others? yes. individual trainings for basic hand guns.............. 10:50:01 identify gun in this case? yes. Caltech 9? yes 10:50:08 based on your training, appropriateness for self-defense or lack of? any firearms... for self-protection any firearm is good with the right training 10:50:52 focus on the safety, working knowledge of gun without seeing it? yes.... 10:51:03 weapon that doesn't have external hammer? correct. no external safeties? correct. safe weapon to carry? of course. what safety? person holding it.... only way firearm will discharge is it you squeeze trigger all the way to the rear..... various products available with external safeties... downside to that for personal safety, under high stress events your brains not going to remember to flip the safety before utilizing the firearm.... having those external safeties actually create a problem, double action only.. no hammer to come back and go forward.. have to intentionally put hand on trigger.... has hammer block, have to hold trigger all the way to rear.... firearm is safe as the person holding it.... it can be safe weapon, variety that are manufactured.......... Caltech pf9 has a 5 lb. trigger, good standard.... 10:53:33 testimony of 4 1/4 lb. good range? yes.... how they're achieving their numbers is beyond my scope 10:53:59 internal holster for concealed weapon, unsafe to carry weapon? concealed weapons permit it to keep it concealed.... outside belt line, shirt or jacket has to cover... in pant holster.... slide into the pant line, makes it easier to conceal so you don't have to have a jacket, have a pull over shirt... preference issue 10:54:53 in your firearm training, is it safe or unsafe to have a round chamber should or shouldn't? debates.... having a round in chamber means you can discharge immediately... if not in high stress you have to remember to feed into the chamber... under threat no time to work it, not the memory to load into chamber... carrying with magazine full and one in chamber is the best way to carry a firearm.... the weapon is not loaded if you pull the trigger and not happens....... carrying without a round in the chamber, why carry it 10:56:49 appropriate to put additional bullet into the magazine for a full magazine? carrying a firearm and it will hold 7 rounds in magazine and 1 in chamber... load the chamber and make sure the magazine is fully loaded... designed to carry 10:57:21 bullets, experience with those? experience with ammunition, not ballistics expert 10:57:35 is that appropriate to utilize? yes. 10:57:43 look at round nose bullet, good chance it won't mushroom.... when it impacts it widens out.. stops inside the soft tissue... hollow point, when it hits it helps it widen out, less likely to exit.... deal with one person and now worrying about the background 10:58:46 in a strange way, hollow point bullet, cause injury to first person... less likely to cause injury behind initial target? yes less likely to impact the second person... nothing further CROSS 10:59:26 guy: opinion is because the discharge was once it's not ill will spite or evil? correct 10:59:39 opportunity to listen to non-emergency call? yes. refer to the person as an asshole? yes. as a fucking punk? yes I did 11:00:02 realize that defendant didn't know martin? I do know that, yes 11:00:11 terms fucking punk and asshole to a stranger don't evidence ill will? too much weight... reference in that statement was addressing his frustrations from previous calls where the individual got away..... doesn't mean they mean ill will 11:00:48 target of frustration was martin? I would say the comment in my opinion, frustration voiced by numerous calls... wow these fellows always get away... I don't know his general speech pattern, not ill will 11:01:18 conversation with defendant? I did. did he call you a fucking punk? no. an asshole? no. use those terms at all? I don't recall if asked about that... no in his conversation with that? I don't recall if it came up about that tape 11:01:53 did I understand you to say, responsibility of firearm is the user? sure. irresponsible user is really dangerous? sure 11:02:16 connection with this case, you reached out to defense? correct. tell the jury when you started your consulting company, what you do now? I started consulting work 2011 2012... in 2013 I started the firm.... 11:02:58 earlier this year? yes. 11:03:02 when you contacted the defense, this case was getting national if not worldwide attention? of course... there would be live coverage if you testified? yes. assuming those are working, you're on live TV? yes. and the name of your company? yes. good for your company? I see where you're going, it's good for my company but not the same options as approaching the state in the same way 11:03:51 anybody who's seen anything in the case, it's getting media coverage... done hw on me, I'm dedicated to finding truth and supporting it... approached omara because I knew the state would have access to someone like me with no issue, not the defense..... say I found I wouldn't be supportive, I couldn't be of assistance to the defense... if I reached out to defense and found I can't be of assistance to you, haven't hindered the case in any way...... because I gain media coverage, not my fault... those cameras are here, not my fault 11:05:05 advertised you were witness? yes. tweeted? no. how? attorneys knew about it, I texted my friends to tell them id be testified today. haven't been paid yet? correct. will get paid or you won't? correct.... I've done some things for free, some for $20 an hour and some $175 an hour 11:05:57 invoice sheet or the way you bill clients? yes. $1500 initially and $125 an hour after that? yes 11:06:12 if I'm hired in as expert... $1500 deposit, my hourly rate is $125 an hour... case prep and review... deposition or testimony $175 hr., includes travel and wait time. never testified before a jury before? excluding juries, yes as an expert 11:07:00 testified against police officers, right? have been presented cases that I found the officer was wrong... yes sir. and testified to that? yes 11:07:21 never testified in case like this where one person shoots someone and is claiming self-defense? no first time... never been involved in police shooting? no I've never had to shoot someone.. never had to discharge in line of duty... or use deadly force? explain that... I've caused injuries...not just about causing death. but never caused someone's death? no sir 11:08:24 first time you got info in this case was April this year? yes 11:08:33 one of the things you did was you interviewed defendant? yes. firsthand account of what he remembers? yes. as a person charged with murder would have motive to fit facts his way? sure... don't lie to get yourself into trouble 11:09:08 listen to 911 calls... heard him describe martin as real suspicious? yes. and up to no good? yes... something in his hands? indicated he might have something.... 11:09:42 didn't ask defendant after making observations if he was concerned when he got out of his car.... did you ask him that? no 11:10:05 recall in that phone call he told dispatcher he went to other side of T to get a street address? I don't recall... watch the walk through? yes. tell them that? yes 11:10:35 never told the dispatcher? no just let it rest at call me and I'll meet them 11:10:50 understanding of length of time? not that great period of time... timeline important to you? absolutely, Zimmerman's statements only account to small portion to weight in the case.... just like gentleman said cant base on self-serving statements.... whether its 15-30 seconds or a minute... everyone's perception of time is different 11:11:46 only person you interviewed with firsthand information was the defendant? yes... only person I spoke to outside of Pollock 11:12:10 listened to other statements? yes. and written? yes. nobody other than defendant had first had account from first to finish? only one person there that's still with us 11:12:32 2 minutes between hanging up with dispatcher and martins phone hanging up? Objection! Mischaracterization. REPHRASE 11:12:57 when the call ended.... see that? I believe... I don't.... phone records from martins phone, I think I saw them but I don't know that I saw that variable 11:13:19 provided martins cell phone records? records there, but the cell phone itself I didn't see the weight it had when evaluating force event 11:13:43 testimony of Rachel jeantel, on phone with martin? Omara: don't know he will know her by that name 11:14:09 hear her say the phone went dead right after she heard a bump? yes sir 11:14:20 create your timeline... put together it was 2 minutes from the time the defendant hung up and the phone went dead? a lot of questions that timeline creates.... when the dispatchers phone went, can't comment on accuracy of times.... things that jeantel said that don't seem to line up..... other variables would have a different outcome 11:15:13 asking you if you took note of the 2 minute gap? I did not give that weight, no sir 11:15:26 in conversation he described the event? yes sir.... didn't have him mark on diagram where the confrontation began? no sir 11:15:44 didn't have him mark how it progressed and where it ended? no drawings or mark 11:16:01 didn't explain from what direction he approached him? that would've been my failure not to ask that 11:16:24 I got impression he was approached from the front... pretty clear 11:16:36 didn't ask defendant what hand martin used to punch him? no sir 11:16:45 didn't ask him how long it was and the time he went to the ground? I didn't ask for specific times, when I interview someone for force event.... period of time that took place, fluid... movement, evolving.. their concept of time becomes less relevant 11:17:21 but the timeline is important to you? overall timeline, yes sir 11:17:32 didn't say how they transitioned? no 11:17:42 doesn't speak to you of level of confrontation? a lot that spoke to me about witnesses in this case, how did you get from here to here... evolution of event comes down to physical altercation, where they transitioned... involved in person to person conflict, transitioning from different spots didn't try to narrow down on time 11:18:36 didn't ask him what happened in between? didn't ask specifically... whether rolling over there or fighting standing? I wouldn't presume rolling, I wouldn't inquire about that 11:19:09 took into account the defendants key light? yes. didn't ask about his losing personal property? that I don't recall... I don't think I did... don't recall specifically 11:19:37 didn't ask him if he lost his keys or that flashlight? I didn't ask him how he lost his keys...... I don't know what you're asking me 11:19:57 photo of losing items? yes.... ask him how he lost this? no sir 11:20:09 impact weapon? may I hold it... anything can be an impact weapon.... sure, yes you could use this to strike somebody 11:20:30 that would be one? could certainly be used in that form or fashion 11:20:40 repeatedly slammed into concrete? his words were his head was slammed into concrete. didn't ask how many? no, go back to perceptions and distortions 11:21:04 didn't ask how, grabbed head ears or jacket? no, not specifically... generalized statements because he doesn't account for overall weight of my opinions.... his perception was the downward blows, head into concrete..... 11:21:48 his video? no the one you mentioned about Hannity...... each of these things may not account for everything, it's the totality... clear his head was in contact with concrete, blow to the front cause hit to concrete, sure..... if not always striking, but pushing... arise as he pushed back could result in concrete.... looking at it, variety of ways it could've impacted.... clear his head was struck and made contact with hard surface... 11:23:07 review medical record where the laceration was 2 cm? yes, not large.... less than an inch? not good with that.... I'd say yes 11:23:32 remember for the other one? 1/2 a cm? yes sir 11:23:43 whether blood got into nose or mouth? didn't need to, fresh in photo.... 11:24:00 didn't ask defendant if he tried to cover his face? no just what took place... if he tried to strike martin? didn't spend a lot of time asking him questions like that.... never said anything about what he was doing with his hands? no sir I don't recall anything 11:24:40 vantage point.... person with best vantage point would've been defendant? of course, there from entire thing and active participant... if martin lived his vantage point was important too? sure absolutely 11:25:17 defendant told you, martin was straddling him? yes. understood that from context of conversation that he was over his belly button? waste area.... over belly button? during conversation with deposition I believe we discussed it could be on the waste around belly button area or over the thigh area.... refresh yourself with transcript? sure 11:26:13 omara: Object to impeachment! HE'S REVIEWING IT....DATE AND TIME OF DEPOSITION.... 11:26:47 a week ago Saturday? yes... page 53, lines 10-16..... 11:26:59 review highlighted portion, refresh your memory as to where martin was specifically straddling the defendant..... 11:27:23 where was it? area of his belly button.... not directly on it... 11:27:32 by area you mean here? I Object that he needs to read entire....... 11:27:45 if that's where your navel is.... not on his belly button 11:27:56 recognize this as being human type figure? yes.... actually has belly button? yes... anatomically correct? appears 11:28:15 (guy mounts figure) is this the way he described it? well you have his knees high on his waste...... did you have defendant do this? no.... if mannequin carrying firearm where would gun be? your left inner thigh 11:29:00 aware he described to best friend.... martin was up around his armpits? no I've not heard that... where would gun be now? behind your left leg 11:29:40 defendant told you as well.... slid down further? yes did indicate he was sliding down and the jacket came up exposing firearm 11:30:16 moment? YES 11:30:27 didn't ask defendant how he got firearm? no sir, he explained he reached down and grabbed it... also said martin was in area of his belly button? right at one point, it's all fluid 11:30:51 in area of belly button and slid down? in dynamic event, not just one person doing movement 11:31:18 did defendant tell you martin slid down? no sir 11:31:29 asked if you review medical examiners report? yes. 90 degrees? yes and front to back 11:31:51 consistent with martin getting off and Zimmerman firing it? could be consistent with any movement.... you weren't there I wasn't there, information we have is... from defendant? right 11:32:31 time shot was fired, information is culmination of everything..... only person to provide insight was Zimmerman 11:32:48 in waist area, if martin were backing up and Zimmerman raised arm? you're at least 45 degrees.... if martin backing up, shot him at 90 degree angle? if martin is backing up and Zimmerman is laying on back, going straight up... could he shoot at 90 degree angle? I'm getting really lost 11:33:56 my interpretation was 90 degrees front and back, my interpretation was front to back level entry not angle entry... as transitioning, you coming back and this coming back we maintain that.... manner you're demonstrating right there... I don't know how it's 90 degrees 11:34:40 you're more vertical upright.... no way to go straight in 11:34:58 if the defendant started to sit up and the martin was getting up, couldn't say 90 degree angle? if the bodies become aligned,..... in order to maintain entry, maintain relativity to the persons... if I'm laying back and you're more forward, if were both coming up.. if getting up together, no way to say they're not maintaining that degree 11:35:51 contact wound with clothing? yes the clothing, not his chest? correct. consistent with martin leaning over? yes sir 11:36:20 asked/spoke about the lighting? yes. went to the scene for purpose of getting idea of lighting? yes. didn't get idea of lighting? no I failed to take into account the change of seasons. when was that? can't remember the exact date... in July? no. June? maybe early June... I don't remember 11:37:11 went to scene to get lighting and the sun had not gone down? correct. didn't wait? no. didn't go back? no 11:37:41 defendant told you martin reached across his body to try to get the gun? he mentioned that. but never told you he touched the gun? perceived he was moving toward the gun 11:38:06 told his best friend martin grabbed it? it's possible... wouldn't affect whether reaching or grabbing.... mark osterman review his statements? I reviewed statements, but focused on witness accounts... look at event and not hearsay... dealing with man demand, egos don't enter in...... 11:39:03 statements I focused in on were events that took place there, not what other said... focus was on defendant who could tell you from start to finish? no, totality.... look at totality of event, I reviewed everything from everyone who could provide, only person we could retain info from of what unfolded is Zimmerman 11:39:54 conversation with defendant important? of course. his conversations with others important? always comes back to fishing story... human mind likes to fill in blanks.... see something and don't understand it creative side will fill it in... if you wait too long, now they have outside influences.... 11:40:49 use of force continuum? yes. systematic approach to force... take into consideration.... if x happens, respond with y... give objectively reasonability 11:41:23 de-escalation if he was backing up? sure, if disengaging 11:41:45 mention force continuum, options? yes. someone in defendants position had other options? disagree.... the moment that perception became deadly force, only option justifiable would be that, the application of that force.... come up with 1000 things that may have been able to be done.... reality 11:42:36 don't know what was in his head? based on information I reviewed and heard... in my opinion most of the info meshes together... draw my opinion and come to conclusion based on that perception, I know generalized outcome 11:43:12 911 call with screams? yes... George screaming? not telling jury anything other than I just told you... I wasn't there, can't tell you that... based on goods statements he believed the screams for help were coming from bottom... Zimmerman then, but if you're on top and trying to disengage and no indication from you that you need help... why was there no acknowledgment from person behind them, take all components and come to conclusion 11:44:29 if aware of gun, expect them to scream for help? 11:44:46 if I was martin in that situation and take to physical evidence... aggressor and I see you have a gun, first instinct is to go for weapon that will continue my aggression 11:45:12 unusual for person to yell for help once they see a firearm? would it be unusual for a person in a combat situation to see a gun and scream for help, is that the question...... 11:45:43 if a person sees a firearm, unusual for them to yell for help? if pointed at them, absolutely not... looking down barrel, in fear of your life 11:46:07 are other options Zimmerman could've used? based on my understanding of his physical skills... he wasn't trained.... I have one on one control tactics... a lot of options available for me, but no training then limited in options.... always options in every force event, but matter of what you see as an option 11:47:01 defendant didn't use any options? he did scream for help, tried to continue to resist... shrimping technique... don't know what else he could've done 11:47:31 wasn't just lying there getting hit? struggling to create some kind of gap or distance 11:47:48 verbal component to use of force? absolutely. like telling someone who you are? escalate or deescalate an issue... presence..... verbal resistance..... civilian realm can be screaming for help telling them no stop don't... verbal component 11:48:41 also could like telling them who I am, I'm a watch person? absolutely. and your purpose, I'm a watch person and I'd like to know what you're doing? yes... always a good idea to introduce yourself 11:49:06 do that before using force? asking me what I would do, in same situation I would've done things differently..... going off 911 calls and.... reported other times, interaction component... responsible to say crime watch person, fine if it comes to mind... but takes training, if I'm surprised by someone than not the first thing you think of 11:50:15 talked to Pollock? yes. didn't ask how long he was taking those classes? no. not getting that was a failure on your part? yes... doesn't change the outcome... 3 years boxing and can't get into ring, irrelevant..................... 11:51:07 defendants not neutral? take it with a grain of salt... minimal weight to Zimmerman and find information from other sources.... gives me more possibility of giving the truth... didn't ask for how long? no. how long each class was? generally speaking, looking at 1.5 hours to 2 hours..... didn't ask because general guidance 11:52:10 talked about martins physical ability? would love to have known totally about it... physically active? my understanding... because he played football in middle school? like I said.... info in media omara: approach YES (sidebar) 11:54:04 testified on direct he played football in middle school?. yes. his height and weight from autopsy report? yes 11:54:38 moment? YES YOU MAY 11:54:45 asked questions about basic certifications for weapons? yes... course for that? yes sir.... licensed to carry conceal firearm? no law about it... advised to do that? not over the phone, whenever you interact, traffic stop to that affect... make sure hands are visible and you are carrying a firearm 11:55:43 defendant did not advise dispatcher he had gun? no 11:55:54 taught law of self-defense in criminal courses? yes 11:56:14 I know how I relate the information, can't speak to how others do 11:56:29 your opinion that a weapon was not used on the defendant? yes... I didn't see any indication that a weapon was used on him. weapon used on martin? of course he was shot, yes sir 11:57:03 moment? YES 11:57:36 listening to non-emergency calls with defendant, he was following? he said trailing which is following 11:57:51 if noffke asked him if he was following? yes.. he said we don't need you to do that 11:58:03 read defendants written statement? I'm sure I would have... 4 pages hand written? I am confident I did, but can't recall what he wrote 11:58:30 recall the term the defendant used to refer to martin in that written statement? I don't recall... suspect? ok 11:58:59 police term? sure, also a crime prevention term... use the same verbiage..... civilian or individual... suspect is the bad guy REDIRECT 11:59:29 omara: concrete as weapon? if you hit with my head, yes 11:59:37 took your head and smashed it.... may I use your doll..... 11:59:51 Zimmerman, martin..... consistent with this on cement? I don't think so... how about someone resisting the event? I believe so... culmination of downward force, pushing or striking... clearly injuries to his face, striking hard to concrete (smashing the doll into ground) 12:00:32 somebody getting head struck would resist it from happening? normal instinct... happen the first time or every time? every time you drive a strike or push downward, body goes until its stopped.... punctate bruising? swelling all around, not just facial 12:01:28 consistent with pushing to the side like this? could be that or punches as well 12:01:42 on the other side, consistent with left side of Zimmerman? could be.... if Zimmerman not just lying there, trying to defend himself... as he's turning his head/body will realign.... strike to a side or front... ongoing combat 12:02:19 stay focused on angle of entry... straight in? correct.... if something like this, martin backing away? correct 12:02:41 it's a possibility? absolutely it's a possibility... unreasonable doubt? no.... happen right there while coming back over from final strike? all a possibility 12:03:12 Zimmerman able to get gun off right side hip? yes. somehow he got to that? correct.,.... weight to how guy said it happened? not a lot... became aware of firearm and reached for it..... how it got into the hand is mute.... 12:03:51 not clear on how they got into position, just know they did it... point remains, gun in hand and he discharged... in contact with billowing clothing? correct 12:04:17 moving with the iced tea in his hoody..... at some point leaning too far back, tea moving in same motion... at one point I can't say 12:04:48 at some point martin was up here, possible? no question it's possible... sliding down, I don't expect martin to match move for move 12:05:10 possible he was here? sure.... even this far down? it's possible.... just over the thighs, where is the hip holster? right there 12:05:34 available at this point? yes sir. how about up here? yes sir... my tie pointing to what? his belly button 12:05:54 how much thrashing or movement was happening? a lot 12:06:03 evidenced by the contusions and abrasions? yes sir and the contact of wet spots on the clothing 12:06:22 weapons available..... consider this to be a weapon? yes. could be a weapon? yes sir... most anything you want to be a weapon? yes sir.... 12:06:48 fist can be a weapon? most definitely 12:06:55 evidence of fist and concrete injuries? yes 12:07:06 any evidence of any injury of martin consistent with him being hit by this? nothing to that effect. martin being hit by anything? I didn't note any injuries on martin 12:07:33 how do you explain that fact to this jury.... couldn't even get a strike in? Objection! Speculation! OVERRULE 12:08:11 explain to jury.... Zimmerman screaming, not able to get a blow in... how that happened? if we were saying he's the individual screaming, with martin on top of him.... martin was the aggressor and he was physically incapable of responding... wanting someone to help him... maybe hands were busy, not there I can't say... aggressor in fight and not hurt somebody.... absence of injuries, he wasn't throwing strikes 12:09:17 unusual for someone to be completely dominated by someone more capable? not unusual... clear during conversation he becomes concerned... didn't get out to confront him at that point.... Zimmerman is not the I'm in your face confrontational person.... running and now following... it's because there's no threat, he took off running.... concern how his safety, hear in his voice.... interact with him and not face to face... talking to dispatcher.... doesn't have a problem telling you someone else was a jerk, but not telling you you're a jerk 12:11:02 WE HAVE PLANS FOR JURY TO GO OUT FOR LUNCH.... TAKE AN EXTRA LONG LUNCH TIME.... GOOD BREAK TIME? it is 12:11:20 NOT TO DISCUSS THE CASE WITH ANYBODY ELSE, NOT TO READ OR LISTEN TO REPORTS, NOT TO USE ELECTRONIC DEVICE FOR INDEPENDENT RESEARCH, NO SOCIAL MEDIA. ASSURANCES? yes. PUT NOTEPADS DOWN, ENJOY LUNCH, BACK AT 1:45 12:12:20 PLEASE BE SEATED.. MR ROOT, FREE TO GO ABOUT, DO NOT TALK TO ANYONE ABOUT TESTIMONY... SEE YOU BACK AT 1:45... ANYTHING TO TAKE UP BEFORE LUNCH? no. omara: stipulation for entry, when we get back? THAT WILL WORK 12:12:52 COURT IN RECESS ========================== 13:45:10 PLEASE BE SEATED.... OMARA, TAKE MOMENT TO... yes.... 13:45:26 moving into evidence, affidavit and custodial records from sanford PD taking out the summary..... my summary, but not an official record.... COME IN WITHOUT OBJECTION? correct. AS DEFENSE EXHIBIT 25... guy: wait until rionda gets back, I think it's okay, but....HERE HE IS 13:46:33 omara: putting into evidence the exhibits we talked about, took off the summary..... omara: no objection to that. DEFENSE EXHIBIT 25.... NEXT ONE? 13:46:57 omara: next is letter documenting my client's concealed weapon permit. COME IN AS DEFENSE 26. 13:47:17 the cd and event report documenting the 6 of 6 calls my client played in the last months COME IN AS DEFENSE 27 13:47:46 layout no objection? DEFENSE 28.... 13:48:23 LOOK THROUGH AND MAKE SURE YOU HAVE IT ALL. yeah we did... this witness we'll finish and 2 short witnesses 13:48:41 ZIMMERMAN, I SPOKE WITH YOU ABOUT YOU TESTIFYING.. JURY CANT CONSIDER THAT IN THEIR DELIBERATIONS. OPPORTUNITY TO TALK TO ATTORNEYS? yes. MORE TIME TO TALK TO THEM ABOUT THAT? no your honor. RAISE YOUR RIGHT HAND FOR A MOMENT, (sworn in), LIKE I SAID BEFORE, YOU HAVE THE RIGHT TO REMAIN SILENT, ALSO HAVE RIGHT TO TESTIFY IF YOU WANT TO, OPPORTUNITY TO DISCUSS WITH ATTORNEYS.. INDICATED YOU HAVE? yes. DECISION? west: I object, OVERRULE..... COURT IS ENTITLED TO REQUIRE IF HE WANTS TO TESTIFY, MR. ZIMMERMAN HAVE YOU MADE A DECISION? not at this time, your honor. HOW LONG DO YOU NEED BEFORE WE YOU DECIDE.... west: more time? I ASKED ZIMMERMAN IF HE NEEDED MORE TIME... HOW MUCH TIME? it would depend how long the recesses are.... the end of the day. IF ATTORNEYS FINISH WITH TWO WITNESSES, KNOW THEN... west: on Zimmerman's behalf. I AM ASKING YOUR CLIENT QUESTIONS. west: I object to the court... YOUR OBJECTION IS OVERRULED, WILL GIVE YOU MORE TIME TO DISCUSS THIS WITH YOUR ATTORNEYS....omara: may we approach? YES (sidebar) 13:58:24 READY TO BRING JURY BACK IN? yes. yes. GO AHEAD AND BRING JURY BACK IN... 14:00:11 PLEASE BE SEATED. WELCOME BACK. QUESTIONS: DISCUSSIONS ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS ABOUT CASE? NO HANDS RAISED. USE ELECTRONIC DEVICE? NO HANDS RAISED. READ OR CREATE SOCIAL MEDIA? NO HANDS RAISED.... 14:01:05 omara: when we broke I was beginning to talk to you... cross exam that came to mind, asked by guy whether you listened to the non-emergency call with expletives? yes. asked the question whether or not his presentation evidenced anger or frustration, did you... opportunity to hear people angry upset or frustrated ways? yes. involved in situations where you had to break up disputes or fights where people were yelling or screaming at each other? yes. in your career? yes. part of job? yes 14:02:24 heard people in various stages of anger and hatred? yes 14:02:34 using that basis as experience foundation, was any of that evidenced to you in the way he said assholes? the way I interpreted it, frustration about totality of calling everyone... not just one person... in general, they always get away 14:03:09 assholes, evidence to you any ill will hatred or spite? no 14:03:20 another expletive guy questioned you about, could you even hear the words f-ing punk? initially no, had to break down and listen to it 14:03:39 enough to hear it? yes.... after being told they were there 14:03:53 based on years of law enforcement, evidence any ill will hatred or spite? no... not individually 14:04:14 your understanding from your review of the telephone call that the frustration was aimed toward? Objection! Speculation! SUSTAINED 14:04:39 guy asked you two questions... responsible gun owner and other options Zimmerman had.... anything in Zimmerman's use of his firearm to be reckless? no. why not? Object! omara: heard on that (sidebar) 14:12:07 based on training anything that was dangerous in the way he handled it?...... unreasonably dangerous? no. Object! OVERRULE MOVE ON 14:12:49 other options available? Objection! Speculation! ALREADY TESTIFIED TO THAT.. OVERRULED 14:13:13 knowing what you knew about the facts that night, did Zimmerman have options? based on knowledge, I don't believe he did 14:13:39 inquiry whether you took this case on for the notoriety of it, did you? absolutely not 14:13:56 some of the benefit of having high profile case, has that impacted your answers? no... because the same type of negative media coverage comes from positive media coverage..... 14:14:23 possibility of future payment from me impact your testimony? not at all 14:14:38 question posed to how many times as expert first time in self-defense? in a criminal case yes. how many times in criminal? in law enforcement, so many times... ever been cross examined by state? no. normally on state? yes, this is complete opposite of where I normally sit 14:15:32 presume for a moment you don't have any information about where the fight started or the location of his flashlight, focus for now just on the 40 seconds of screaming and the injuries, with that set of circumstances, change your opinion at all on Zimmerman's lack of options? no I would not 14:16:15 would your opinion be the same even if there was 2 minute delay between Zimmerman's phone call and the event that happened? no irrelevant to me 14:16:36 what are the only real relevant factors in this case? event as unfolding at use of force was taking place and the perception of individual involved...... how would that affect the outcome 14:17:20 the key chain flashlight, did finding or noting the keychain there... relevant to where the altercation began? it helped create a picture in my mind about where it started 14:17:48 blood flowing down and back, in your experience as fighter... what happens when you get hit in the nose? variety of things, with nose strike could have tearing, if blow is significant result in bleeding, free flowing of blood... fill nasal cavity, effect on ability to breathe.... most prominent is the stunning affect 14:18:48 in your experience with MMA, is getting in a blow like that early in fight, significant? Objection! Speculation! SUSTAINED 14:19:13 if in a fight and want to get advantage over person, strike to nose accomplish that? Objection! Relevance.... I DONT KNOW THATS IN HIS EXPERIENCE 14:19:41 as a fighter, remind jury you did kick boxing? yes. kicking and boxing? boxing and 8 kicks per round... feet and hands. as part of using hands, strike body blows? yes punching. ever hit them in the face? repeatedly. target focus? it is especially with the jab 14:20:21 as experience basis, how successful is getting in the first shot to the nose? it can provide a various outcome, primary thing is you let the person know you're for real, let them know it's devastating.......... take that first punch, taken a majority of power... survive first punch can stay in fight, not as schooled could have devastating affect....... very important, he who controls the fight generally can become victorious 14:21:31 consistent with strike to nose? yes sir 14:21:37 if this was the first strike of the fight, significant maneuver? Object! SUSTAINED... REPHRASE 14:22:21 talked about your criminal justice degree, talked earlier about police academy... in your training......? I pursued my degree well into my career 14:22:49 learn striking techniques or take down in school for criminal justice or in the academy? no physical courses in criminal justice degree... teach about the laws... academy tells you how to enforce the law.... criminal justice degree is the book end, how it works in and of itself 14:23:46 having done it for 20 years, enjoy it? I did... for you a noble profession? absolutely 14:24:00 encourage or discourage nephew or son from taking on law enforcement? depends on the child, I have step son who's physically fit, I would encourage him... my daughter on the other hand who doesn't like confrontation I wouldn't encourage it............... 14:24:42 mentioned early in conversations about continuum force, certain act allow response... go over there and sit down and I said no, you get to respond verbally....? that's a piece of it, yes 14:25:13 continued force goes up scale with deadly force? yes. markers along the way that allows you to increase response to force? absolutely... walked up and pushed you, appropriate increase in force? Objection! Only relates to police officers.... 14:25:51 based on experience as adult, fighter, and police officer and expertise in use of force..... 14:26:06 when you look at use of force, go across spectrum? yes. not just deadly force? no use of force is force whether it starts at verbal to deadly force 14:26:28 aware of situation where cadets were using inappropriate verbal force, council those people?............. 14:26:51 use of force training, does that include training officers as to how to use verbal voice? all of force training is to explain variables involved in deciding... being verbal, recommend to them is try to avoid if you can... depends on environment... .all of these come into play 14:27:46 if I was yelling at you and cussing at you from 40 ft., walk away... if I'm in your personal space, 6 ft. or 3 ft... arm's length, because more significant issue.... hard to answer a and b because totality comes in 14:28:23 outside and I pushed you, your response? Objection! OVERRULED. my personal response I would give you strong verbal commands and make sure you made a mistake 14:28:54 would you punch me in the nose? Objection! ASKING HIM WHAT HE WOULD DO IN SITUATION OF THAT... SUSTAINED 14:29:19 moment? YES YOU MAY... nothing further RE-CROSS 14:30:06 your understanding over what was happening comes from one person? yes. 14:30:15 opinion that there wasn't another option is based on his words? no... my opinion was based on totality of his training background and experience, come into play with other things you're capable of doing 14:30:48 options depend on what other is doing? absolutely. determination of what martin was doing came from him? added in other evidence surrounding event to seem plausible this took place... based on what I see physically, this makes sense... opinion is based on what he told me in combination with 14:31:36 do you know what martin was doing at moment he was shot? yes 14:31:49 you do? you're asking my opinion, based on information..... I don't know if trayvon was doing one specific thing were talking about the totality... it appears clear through evidence 14:32:24 do you know what martin was doing at martin he was shot? I was not there, cant attest to what martin was doing on that time, only base opinion on totality of the evidence 14:32:46 includes his perceptions as he told them to you.... his perception is important? perception of anyone in event is taken into account..... if I said jolly green giant was jumping on me isn't possible but if one of these wires wrapped around me is plausible 14:33:31 in your conversation with him came 2 or 3 months after his trial? sure that sounds about accurate 14:33:44 asked about testifying.... this is the only time you worked on criminal case on behalf of defendant? no sir...... 14:34:05 have you ever been retained/hired by defense attorney to testify on behalf of criminal defendant? it's in my CV... twice I think, maybe... chambers case and where I consulted but not testimony in trial toward bottom of CV. first time in front of jury? yes in a criminal case this way 14:34:53 continuum of force applies to police? conceptual model... if you looked at Florida state statute it's an escalation and de-escalation of statutes..... continuum is part of event 14:35:35 getting punched in nose, don't know when Zimmerman was punched? no he was punched repeatedly during event 14:35:50 may not have been from a punch, could've been when he hit it on something else? I never said Zimmerman hit his face to anything else 14:36:11 not aware of the concrete? I do not believe a facial contact with concrete would make those abrasions..... 14:36:38 been punched in nose before? absolutely. didn't quit, keep fighting? no I'm a fighter.... seen others to fight after being hit in nose? I've seen both... people struck and they are not able to respond and I've seen others... warrior mind set, not everybody has that.... if they don't have internal fire to be involved in that way, not going to fight... beaten.... someone with warrior mind set will return, tremendous damage... 14:37:48 seen people hit in nose who keep fighting? yes.... did demonstration and you kept using your hands with 90 degrees? trying to use my hands to relate to maintaining position..... leaning back and Zimmerman coming up, but with the mannequin you weren't maintaining that 14:38:44 haven't we left something out... cant wrist and body move independent of body? sure...... even though I'm on 90 degrees and shoot like this? can you, yes, but the average person won't hold it gangster style... could he have taken up and angled, anything possible doesn't make it plausible...... I can always make it 90 degrees? everything depends on where you are in relation to that other person, talk about the discharge to the firearm, write position is not exaggerated, no how you shoot.... takes conscious thought.... possible the wrist was moving, but highly unlikely 14:40:29 possible you can shoot someone at any angle because we have arms, wrists, and elbows? possible 14:40:45 your opinion that Zimmerman's perception of threat had disappeared because trayvon ran off? when I listened to the call and I heard Zimmerman when he was facing him, my perception was I sense stressed in his face.... as he left, that tension diminished, reinforced what I heard from pollock ... not the confrontational one... when martin ran, no immediate threat he's taken off running, he gets out and is now "Following" the person, that's what he was doing for them... 14:42:03 hear him say I don't want to give out number, don't know where he is? yes. still concerned? absolutely... think about the T, took off running to make it home, it was only a distance away... still in area, concern for Zimmerman...... looking at individual walking back and uncertain he was there 14:42:52 defendant was trained by federal marshal how to shoot? yes 14:43:03 interview is better if delayed? not all interviews.... references for law enforcement, common practice to delay the interview and to conduct thorough investigation of police officer, extend to officers can be extended to anyone 14:43:42 not what you did as an officer? of course not... when you're an officer given evidence and whether arrest is warranted... ask for interview and it's a homicide, go in right away and the individual says I want a lawyer, get their period of time they can wait..... uses totality of circumstances and forms questions and makes concept to arrest... wouldn't wait 3 days 14:44:44 defendant spoke with friend about 8 hours of this event? yes 14:44:52 not an expert in memory retreatment? no... moment? YES... that's all RE-RE-DIRECT 14:45:19 talked about warrior mind set? yes... insight in this case, was Zimmerman warrior mind set? from the information I received, from pollock.... not one to enter the ring, not confrontational... not the type who had warrior mindset that inner fire that compels you to be a fighter 14:46:09 anything about the lack of injuries on martin that helped with that decision? based on injuries on Zimmerman and lack of injuries to martin, he didn't have any striking... didn't do anything of tussle to result in injury to a man 14:46:45 didn't even land a strike at least one with a mark? Object! SUSTAINED 14:46:57 that martin did have warrior mind set? Objection! SUSTAINED AS TO VIOLATION 14:47:11 door was open, now I'm asking about martin.. MY OBJECTION, MY RULING REMAINS, SUSTAINED 14:47:36 any evidence in the case that you looked at that would suggest even in the 45 second screams the attack stopped? Object! OVERRULED 14:47:57 no I saw nothing that would indicate that to me 14:48:03 MAY HE BE EXCUSED? guy: subject to recall.... omara: approach on that issue... LATER... EXCUSED FROM COURT, SUBJECT TO BEING RECALLED 14:48:48 NEXT WITNESS.... 14:49:18 (sworn in) 14:49:38 omara: name? olivia bertalan 14:49:51 at what point back in early 2012 or 2011, live in retreat at twin lakes area? yes. since moved out? yes. married? yes. children? 2. ages? 2.5 and 4 months 14:50:13 going back then to when you lived at retreat view circle, event at your residence? yes. what happened? I was home on a Wednesday with my son, 9 months at the time... heard someone ring my door bell, went upstairs to check... two African American guys, called my mom... they left.... they were walking in front of my house.... called the police, broke into my house, dispatcher told me to grab any weapon I had and prepare to use it if I needed to... he was trying to wiggle the door, rusty scissors... when? august 3 2011 14:51:48 place of hiding? yes. where? my sons upstairs bedroom. in the closet? no the far corner... as far away from door as possible. son with you at that time? yes 14:52:11 people downstairs leave eventually? yeah escaped before cops got there. take anything? camera, laptop, tried to get our TV.... I think something else but I can't remember 14:52:41 at some point one of those people were arrested and charged? yes. what happened, their name? Emanuel burgess 14:53:00 is that the reason why you moved from that area? yes. nothing further CROSS 14:53:18 guy: afternoon.... contact with George after that event? I did. Object! Outside Scope... guy: it's the basis of her testimony I believe... omara: proffer at the bench... NO.... LADIES AND GENTLEMAN FOLLOW JARVIS OUT OF COURT ROOM...... 14:54:29 happened on august 3rd 2011? yes. contact with George that day? yes. he came to your house? yes. gave you his number? yes. came because he heard you were a victim? yes. talked to him about it? yes. described those at your residents? yes. two? yes. males? yes. blacks? African American. teenagers? looked young 14:55:12 not only conversation with that case? right. correct you talked about this about 20 times after that? probably around that amount 14:55:31 person not yet been caught? I'm sure I did 14:55:37 person wasn't caught until you moved out? arrested in December. released because he was minor and arrested again later 14:56:00 where you believe he lived? I'm sure we discussed that. near the back entrance? yes 14:56:18 I have other questions for her but they don't relate to her contact of the defendant.... omara: ill withdraw my objection..... BRING JURY BACK 14:59:04 PLEASE BE SEATED.... YOU MAY CONTINUE 14:59:12 guy: said this incident happened on august 3 2011? yes. visit from George Zimmerman? yes. gentleman to left? yes. lived in your neighborhood? yes 14:59:34 came to your house that day? yes. talked to you... didn't know you but you had been victim of something? yes. described what happened that afternoon? yes. and described the people? yes. number? 2. describe sex? yes. male. race? yes. African American. describe age? didn't know age for sure, but I'm sure I told him late teens 15:00:28 after that you and he continued to talk about that case? yes. approximately 20 times? yeah 15:00:39 you and he discussed the persons had not been caught? right. discussed it was your belief that person responsible lived in twin lakes? confirmed by police yes 15:01:02 discussed with defendant? and other neighbors... near back gate? yes 15:01:12 your understanding that at some point that person was arrested? yes. and released prior to February 2012? correct 15:01:29 have you watched proceedings in this trial? briefly. what parts? his uncle testify... who else? I don't know by names. tweeted about this case? not since... no I have not... not since when? last year when it happened... not this week? I don't believe so. do have twitter account? yes. follow omara? yes. follow account called Zimmerman legal case? I do. you have been on Nancy grace in regards to this case? over a year ago yes. 15:02:33 moment? YES 15:02:47 thank you for your time REDIRECT 15:03:03 when Zimmerman came to you to talk about being victimized, was that strange? no. appreciative of his efforts? very. tell me about that? we were terrified when it happened he just wanted to make sure we were ok.... I was appreciative he was offering his hand and spend time with his wife if I needed to go somewhere in the day 15:03:57 what about his availability of his wife? Object! Hearsay and Relevance! PROBLEM WITH RELEVANCE 15:04:20 aware ms Zimmerman was aware if need be? yes. shortly after go to HOA and discuss the issue? I don't believe I went, my husband did 15:04:40 and then in addition to conversation with Zimmerman, talk to others about what happened to you? yes. who? neighbors, pete and chris... something of point of conversation? yes 15:05:06 did Zimmerman after the HOA started watch, bring to you a lock to help with sliding door? yes he did. weird or strange? no appreciative 15:05:28 made aware about issue with sliding doors? I don't believe so 15:05:38 was it how they got in the house? yes. back sliding door? yes. lock secure that problem? yes 15:05:54 before you moved out, get a dog to help? yes. part of staying secure? the cops told us to get a dog 15:06:11 know the person who was arrested was Emanuel? yes. released? yes. re-arrested in Feb. 2012? I got a letter when we moved out, didn't know exactly when he was arrested 15:06:44 did any of your interactions with Zimmerman leave you with impression he was too involved? no. was his behavior helpful to you? very 15:07:05 still have the dog? yes.... thanks very much 15:07:14 MAY SHE BE EXCUSED... she may. yes. NEXT WITNESS..... Robert Zimmerman senior 15:08:08 (sworn in) 15:08:30 omara: name? Robert Zimmerman. live in central Florida? yes. how long? almost 7 years 15:08:45 know the defendant as your son? yes 15:09:04 event where you had opportunity to hear a 911 tape... lauers 911 call, know what I mean? yes. it is a tape that includes in it screams and gun shot, heard that? yes I have 15:09:29 we have it available, jury has heard it dozens of times.. only play if you need to hear again, memory of it such that you had an opinion? yes 15:09:54 settings of first time you heard it? third floor of this building, in the state's office I was there put under oath, asked me questions as I was getting ready to leave they asked me if I would mind listening to this tape and I said certainly... took me in smile room, provided me headphones, still under oath.... listened to it..... asked me did I recognize the voice 15:10:47 what did you tell them? absolutely it's my son George... opinion you still have today? certainly... nothing further CROSS 15:11:05 rionda: listened to it 6 times? no. have not? no. ok 15:11:22 moment? YES.... I've listened to it a number of times, at least 6 15:11:36 more than 6? at least 6 but I really can't be accurate... thank you very much 15:11:46 MAY ZIMMERMAN BE EXCUSED? rionda: subject to being recalled.... CALL NEXT WITNESS... omara: break, your honor... 15:12:09 15 MINUTE RECESS, FOLLOW JARVIS INTO THE JURY ROOM.............. 15:12:39 PLEASE BE SEATED, IS DEFENSE CALLING ANY OTHER WITNESSES? no. AFTER THE RECESS I WILL ASK ZIMMERMAN IF HE WANTS TO TESTIFY. AT THIS TIME, ANY OTHER WITNESSES YOU WANT CALLED MR ZIMMERMAN? for this trial..... 15:13:19 SOME WERE CALLED A COUPLE TIMES, SUCH AS SINGLETON.... ZIMMERMAN, ANY OTHER WITNESSES YOU WANTED ATTORNEYS TO CALL ON YOUR BEHALF? no... TAKE THE TIME YOU NEED TO TALK TO YOUR LAWYERS COURT IN RECESS ==================== 15:27:41 PLEASE BE SEATED..... 15:27:55 omara: a number of exhibits in stipulation, now in evidence... on verge of closing, one composite exhibit the state will review... that'll be the last. COMPOSITE EXHIBIT 30? yes.. only one document, but its 7 ft. long... 15:28:36 rionda: verify some of the times on there, other than that we won't have an objection 15:29:25 omara: these are now in evidence as 30-38.... 30 is a picture of back of head, 31 is the front of his head, 32 is still photo of martin in 711, 33 is a picture of martins pants, 34 is a second still of martin at 711, 35 an aerial view at retreat at twin lakes, 36 is a larger aerial photograph, 37 large aerial of retreat at twin lakes, 38 is medical investigator picture of the scene....if admitted 39 would be the timeline... two other loose ends, one is the judicial notice with the weather, more accurate for the 26th will be substituted... STIPULATED FOR STATES EXHIBIT 213? yes. ALLOW THAT TO BE SUBSTITUTED. next one is the same exhibit for the 27th COMPOSITE STATES 213? planned as separate.... SUBSTITUTE 213 FOR THE NEW ONE AND THE SECOND ONE DEFENSE 40 15:32:12 omara: only other one is the exhibit in order to move matters along when jeantel was questioned, used small portion of cd to question her... present that as its own redaction... that hasn't been brought and needs to be... used that to refresh her recollection.... used one portion played. 15:33:05 rionda: she listened to it herself, not in front of jury. JURY WAS SENT OUT, WASN'T IMPEACHMENT AND WASN'T PLAYED IN FRONT OF JURY. moment? YES YOU MAY 15:33:36 omara: my understanding was the part that was played was the portion of it where she it could be/ might be trayvon and I believe the jury was present.... GET COURT REPORTERS DATE... DEFENSE EXHIBIT DD? I HAVE THAT AS A TAPE OF JEANTEL'S.... NOT PLAYED IN FRONT OF JURY, BUT WE CAN VERIFY..... omara: looks as though there may be an issue, have some time before now and the time jury will get it.... NOT IN EVIDENCE, ITS MARKED FOR IDENTIFICATION PURPOSES..... 15:34:48 ANY MORE OF THOSE HOUSE.....HOUSEKEEPING MATTERS? omara: get you weather and that's it 15:35:03 MR ZIMMERMAN, STILL UNDER OATH... SUFFICIENT TIME TO DISCUSS WITH ATTORNEYS ABOUT TESTIFYING? yes.... after consulting with council, decided not to testify. STILL YOUR DECISION? yes. YOUR DECISION NOT TO TESTIFY? yes. FREELY AND VOLUNTARY? yes. PROMISES? no THREATENED YOU? no. YOUR DECISIONS? yes 15:35:58 IS DEFENSE GOING TO REST SUBJECT TO ANY MORE EVIDENCE? yes. STATE WITH REBUTTAL? yes. HOW MANY? at least 2 today and one who would be available tomorrow which we may not call anyway.... 15:36:30 JURY INSTRUCTIONS GIVEN TO DEFENSE AND ZIMMERMAN, CAN I HAVE A COPY...ARE THEY GOING TO BE LENGTHY? no. CHARGE CONFERENCE AFTER JURY DISMISSED FOR THE DAY? 15:37:02 REST IN FRONT OF JURY AND THEN GO FORWARD...... YOU MAY PROCEED 15:37:14 omara: with length of presentation to you earlier.... ............... 15:38:17 I don't want to belabor point, but decide at this point that basically the state has excluded a reasonable hypothesis my client is innocent.... charges be dismissed in full 15:38:51 mantei: di maio portrayed alternative scenario of second degree murder..... attempting to pull back and disengage.... mr roots eager to draw conclusions, but still had no idea what went on in the moment.... presented people to enhance facts, make it more disputed.... state has submitted sufficient evidence and will continue with rebuttal with murder and manslaughter 15:40:04 omara: if the court is going to rule, identify the states factual scenario, they're theory of the case for which excludes hypothetical reasonable.... 15:40:42 COURT SAT HERE AND LISTENED TO THE WITNESSES..... AND ARGUMENTS.... COURTS DECISION IS THE SAME, ENOUGH EVIDENCE TO ALLOW THIS CHARGE TO GO TO JURY.... SO WE NEED TO BRING JURY BACK IN, REST IN FRONT OF JURY AND STATE BE PREPARED TO CALL REBUTTAL WITNESS..... READY FOR JURY? omara: see who their witnesses... WITNESSES? Adam pollock and David lee.... WHEN YOU FIND OUT TONIGHT WILL YOU EMAIL THE DEFENSE.... omara: they are bound, Pollock testified before... rebuttal to fact we presented... IF ITS NOT, FREE TO OBJECT AND ILL RULE.... READY FOR JURY? yes. yes 15:44:06 PLEASE BE SEATED.... MR OMARA? 15:44:14 omara: announce to the jury, a number of other exhibits put into evidence.... photographs 30-38 and potential of 39..... other judicial notice matters about weather.... with that in mind, the defense would rest 15:44:46 STATE HAVE ANY REBUTTAL? mantei: yes... call Adam pollock 15:46:25 (sworn in) 15:46:43 mantei: you were defendants trainer at kokopellis? yes. now marketing training on your website? absolutely not... Object! Improper Rebuttal Testimony! ARGUMENT ABOUT THAT, APPROACH THE BENCH (sidebar) 16:00:07 CONTINUE THIS MATTER OUTSIDE PRESENCE OF JURY, FOLLOW DEPUTY INTO JURY ROOM........... 16:00:35 PLEASE BE SEATED... STILL ON WITNESS STAND WERE TAKING A 15 MINUTE RECESS 16:00:47 COURT IN RECESS FOR 15 MINUTES ============================================ 16:25:18 PLEASE BE SEATED.... 16:25:28 MR MANTEI: 16:25:32 mantei: additional citations.... mckee vs state............ always necessary to inform jury to any motives regarding prosecution witness, equally so.... evidence admissible for that purpose 16:26:10 CANT CALL WITNESS FOR PURPOSE OF IMPEACHMENT... calling to impeach testimony of root, not this witness... if he denies or says something contradicting to his words..... WHAT IS WITHIN THE WEBSITE THAT WOULD CONTRADICT EVIDENCE BY ROOT 16:26:59 characterize pollock..... put extra weight on that witness... DEFENSE? 16:27:24 omara: what is being presented for.... read for same bible... has to be relevant, has to truly impeach or address issue of bias, in affect... pollocks bias, personal financial interest............. you might be trying to make money on Zimmerman because he came to your gym..... court has to include common sense 16:28:26 this witness who wants to tell somebody to come to his gym and under oath said he went from 0.5 to maybe a 1.... no financial interest furthered.... doesn't impeach what it normally would.... if he says this guy's great and I trained him... its opposite 16:29:17 WHAT WE HAVE HERE... STATE CITED BRITAIN VS. STATE, IN THAT CASE THE STATE DIDN'T CALL THIS WITNESS UNTIL REBUTTAL... REBUTTAL EVIDENCE EXPLAINS OR CONTRADICTS MATERIAL EVIDENCE.... NEITHER EXPLAINED NOR CONTRADICTED...... COURT HAS DISCRETION ON THE ORDER OF PRESENTATION... NOT AN ORDER, IT IS TO IMPEACH YOUR OWN WITNESS... CALLING TO IMPEACH HIM BY SAYING HES ADVERTISING ON A WEBSITE ABOUT THE ZIMMERMAN TRIAL AND TRAINING... NOT ALLOWED AND SUSTAIN OBJECTION! 16:30:33 I DONT KNOW HOW YOU WANT TO HANDLE THIS IN FRONT OF JURY, TELL JURY HES NO LONGER NEEDED OR ASK OTHER QUESTIONS... SOLE PURPOSE? yes. NO REASON TO HAVE POLLOCK COME BACK IN? yes. omara: objections to the next witness... 16:31:16 WHAT IS PURPOSE FOR CALLING MR. LEE? mantei: moment? YES YOU MAY 16:32:00 mantei: state will not call mr. lee. ALRIGHT HOW ABOUT THE OTHER WITNESS FOR TOMORROW? mantei: I haven't left the court room to check yet... omara: objection to that witness too probably.... NAME? mr. fleishman... WHAT IS THE OBJECTION TO THAT? omara: who is that? mantei: defendant arrested for committing battery against officer. PURPOSE? the defense gone to great lengths to say he is incapable of fighting... this agent would offer a different perspective.... essentially say that while he and law enforcement officers were engaged in arresting at a bar... had individuals outside and the defendant came out, one of his friends... this agent identified himself to defendant and the defendant attacked him 16:34:02 omara: prior event trying to get in improperly.... need to know more about the facts of the case... the agents were undercover out by UCF and took a friend out bodily... TIME FRAME? 2005... 8 years ago... before he wanted to become prosecutor, before ride along.... when agents grabbed his friend, Zimmerman says they were in plain clothes, maybe brought out their lanyards, the way these are handled by UCF the agents go in there... take outside and Zimmerman goes out to ask what happened, arrested Zimmerman... never heard he attacked him, not in police report... arrested for battery... dropped down to misdemeanor.... not only did it drop down but then also opposed to normal procedure, pretrial diversion.. dropped charges completely, was over arrested for something... dismissed outright, bares no significant value, ancient in time and act.... nonevent to begin with 16:36:45 clear that if state brings in this one prior bad act, that the very witnesses the state relied on in this case..... are you a racist interview to all my clients family..... POINT.... 30 witnesses to counter this one witness.... information were at this.... EACH SIDE AVAILABLE TO PRESENT WHATEVER CASE.... DO SO WITH OWN PERIL FOR OPENING ANY DOORS... YOU ALL ARE EXPERIENCED LAWYERS AND KNOW WHAT YOU SHOULD AND SHOULDN'T DO... DONT WANT TO HERE ABOUT DOING THIS AND YOU DOING THIS 16:38:07 WE NOW KNOW WHAT INFORMATION YOU SEEK TO GET FROM THIS WITNESS, HAVE ARGUMENT IF HE IS AVAILABLE.... ANY OTHER REBUTTAL WITNESSES STATE IS SEEKING TO CALL? no your honor 16:38:35 BASED UPON THAT I DONT KNOW IF YOU HAVE ANY SIR REBUTTAL... TAKE THAT ISSUE UP TOMORROW.... INFORM JURY AS TO WHERE WERE GOING IN THIS CASE, EITHER BE MORE TOMORROW MORNING... JURY INSTRUCTIONS TONIGHT AND FINISH TOMORROW.. CLOSING ARGUMENTS TOMORROW... HOW LONG DOES EACH SIDE ANTICIPATE... rionda: 3 hours.... 16:39:41 YOUR OBJECTION IS OVERRULED....I think 3 hours is certainly enough... GOING TO BE A LOT OF CONVERSATIONS OR RULINGS CONCERNING JURY INSTRUCTIONS OTHER THAN WHAT WE DO WITH SELF DEFENSE INSTRUCTION.... omara: there's that and in addition gibbs vs state case... slight modification to the self-defense instruction, identify word..... circumstantial evidence that has been presented as existing element. WHEN DO YOU ANTICIPATE HAVING THOSE INSTRUCTIONS... I said tonight, with case law.... applicability to manslaughter in this case.... 16:41:10 HOW LONG ON JURY INSTRUCTIONS? I think half an hour... straight forward....... defines provoked.... IF YOU'RE NOT READY TO PRESENT TO STATE, WAIT FOR ARGUMENT... JUST SCHEDULING 16:41:45 IF I RELEASE JURY FOR RECESS AND BRING THEM BACK AT 10.... STATE CAN START 2 HOURS, LUNCH, DEFENSE 3 HOURS, STATE REBUTTAL........ 16:42:18 omara: opportunity to... DONNELLEY.. Donnelley and the rebuttal.... we may well have sir rebuttal witnesses together.... NONE OF THIS MAY OCCUR IF THIS WITNESS IS NOT AVAILABLE... LET COURT KNOW SOME TIME SOON... IT MAY BE A NON-ISSUE... wait to see if we need the argument? YES... BRING JURY IN TO EXCUSE FOR THE DAY AND BEGIN ON DONNELLEY 16:43:31 omara: also going to address argument if that door has been opened.... NOTHING HAS BEEN WAIVED, JUST WANT TO KNOW THE AVAILABILITY OF THAT WITNESS BECAUSE NONE OF IT MAY BE AN ISSUE.... we did file judiciary notice on exhibits..... 16:44:21 PLEASE BE SEATED..... LADIES AND GENTLEMAN, WE HAVE MORE WORK TO DO OUTSIDE YOUR PRESENCE.... RECESS FOR THE EVENING.... THE STATE OF WHERE WE ARE.... HATE TO TELL PEOPLE WHAT I ANTICIPATE BECAUSE SOMETHING ELSE OCCURS.... CLOSING STATEMENTS TOMORROW... COME BACK AT 10 AM... RECESS FOR THE EVENING: NO REPORTS ABOUT CASE. NO DISCUSSIONS. NO ELECTRONIC DEVICE. NO SOCIAL MEDIA. ASSURANCES? yes. PUT NOTEPADS DOWN, FOLLOW JARVIS HAVE A GOOD EVENING 16:46:20 PLEASE BE SEATED.... WHATS BEEN HANDED TO ME AS 213... CORRECT EXHIBIT? replacement. BOTH SIDES AGREE? yes. DEFENDANTS 40... BOTH AGREE? yes 16:46:46 LOOK AT DEFENSE EXHIBIT 39... ANY OBJECTION? rionda: shouldn't be, but may take a little longer.. they revised and we need to check... STATES MOTION REGARDING DONNELLEY 16:47:21 mantei: have testimony stricken, discovery violation... radical change in testimony.... sipio case, evans, and kasaca.... requests were denied at that time... indication the witness in addition to changing testimony was present in court.... I have since obtained confirmation... provide council and the court copies of photos and video... present for 2 days... 25th and 26th... sitting behind defendants family... captured on screens.... concession is that is that witness 16:48:48 subsequent sitting through witnesses.... surdyka as a younger man's voice, boys voice... following his presence in court... went home decided to listen to tape, contact omara and we know history from there... learned that similar things have happened with 2 additional witnesses.... john good met with defense and shoemaker to discuss and adjust and change the animation exhibit..... today we heard from olivia who watched and observed at least portions of testimonies including the defendants uncle 16:50:10 established now as far as procedural... Donnelley took upon himself to go ahead and do something which turned him from a non-witness into a witness... good was in contact with and discussed potential testimony and exhibit in violation of sequestration 16:50:56 I did.... I think the relevant case law as it relates to the sequestration rule.... sipio, evans and kasaca... some procedural prejudice, change in testimony and discussions with good and lesser extent olivia.... those are the ones we know about in this point in time... some procedural prejudice now.... court has powers above any of this.... cases cited to court are McKenzie.... whether a violation was with knowledge or conceit... good was with knowledge of council and Donnelley without knowledge of council, although whether defendant or family knew given location in court room 16:52:55 second way to determine this (west smiling under hand).... since already testified, strike testimony..... 16:53:22 earlier holding from dumas.... whether sequestration changed his testimony.... again before I get to other cases, change in testimony... change in exhibit for shoemaker and Donnelley's is radical and evident... hadn't heard anything and now did and recognized voice 16:54:07 scott vs state.... case from 4th DCA, referenced on page 4... defense witness who was present in court and then opted to express desire to testify, attempted to testify... discovery violation and expressed concern of sequestration... not in good faith...... 16:55:10 I think courts comments in that case are illustrative... mindful of law but scott making decisions.............. 16:56:47 whether testimony was challenged by what he heard.... defense tried to show it was and state tried to show it wasn't 16:57:09 dumas case sets forth older test..... pg. 2 of opinion in right hand column, disobeys withdrawal... not disqualified, cannot be excluded merely, but can be supported on sound discretions of trial court.... given both the nature to Donnelley and good and lesser degree olivia... radical change that occurred to Donnelley and exhibits and items discussed by good... renew our request and order his testimony stricken 16:58:31 omara: opening the door to all those violations... good, olivia... add to list shipin bao who had conversation with states office..... NOT A RULE OF VIOLATION TO SPEAK WITH ATTORNEY..... AS FAR AS BELETRAN, NON-ISSUE... AS TO MR DONNELLEY 16:59:40 referencing these to pile on... COURT IS CONCERNED OF 3 ALLEGED WITNESSES, SHOULD HAVE BEEN KNOWN BY COUNCIL TO NOT HAVE OCCURRED... I AM INVESTIGATING THE POSSIBILITY OF ANOTHER PERSON WHO MAY HAVE VIOLATED... HAVE NOT BEEN CALLED BY A WITNESS..... WILL TELL YOU AT THE BENCH IF YOU WANT TO 17:00:36 good and shoemaker never spoke... good was shown by me the animation to confirm with trial testimony that it was accurate, had him tell me... I then went to my expert.... absurd to suggest animation expert can't get information from testimony MY QUESTIONS OF SHOEMAKER WHEN HE SAID HE GOT INFORMATION FROM COUNCIL AND OTHER PERSON IN CONFERENCE, IT WAS MY QUESTION 17:01:53 not going to talk about bahador's change in testimony.... THE WITNESSES ARE ALLOWED TO TALK TO ATTORNEYS....THIS IS RELATING TO DONNELLEY.. SITTING IN THIS COURT ROOM AFTER SEQUESTRATION WAS INVOKED 17:02:25 Donnelley was here on days 2 and 3 until first morning break.... why removed at that point.... testimony he was exposed to.... wendy dorival, obrien (hoa), listened to bahador a person who never talked about 911 tape, had own take on evidence, sgt. romando, diane smith, surdyka's testimony... during that break that west noticed him and had him leave.... hear first half of surdyka's testimony, but it was the second half... heard someone scream, she didn't listen to the call.... 17:04:25 as to the violation and what he changed... I contested that he changed it, he added to it.... case law speaks to the infection of that testimony.... added to it by waiting 2 or 3 days before trial to listen to something.... 17:05:06 not a change, added to testimony 17:05:11 did the violation infect that testimony... nothing to do with what he testified to... prompt him to come to grips to listen to the tape, yeah maybe it did 17:05:36 delmonte case.... currently violated and look into circumstances.... Seminole case dumas case.... need to look into identification for collusion between the two if we did this in a form or fashion to violate geography of the rule.... under dumas case... state woefully failed to suggest violation occurred willful 17:06:54 other case law.... deals again with courts requirement to make identification of the violation... right to exclude witness from testifying..... not the defense collusion or knowledge but neither mr. Donnelley's... we won't call as a witness, what we did call him for... not for any other reason.... had relevant testimony to voice than we decided to call him. HE WAS ON WITNESS LIST. yes... but idea he was around wouldn't be affective to us and our witnesses..... once rule invoked, Shellie asked Donnelley to take seat with her....... 17:08:58 since I had never met him... west met at deposition... not pre-tried him as witness... no intention of calling him, nothing substantive to offer.... suggestion of knowledge or collusion 17:09:28 what is the remedy, need to find that even though technical violation...... mold into testimony, no finding of that or evidence or suggestion... know what his testimony was... it was limited to Saturday..... that was after he had removed himself from the court room some 5 days before.... 17:10:25 left the courtroom and stayed away until he took on himself to listen to tape, came to me and I presented as a witness..... no evidence in the cases I stated.... bizard and Atkinson vs state 317... supreme court case in 1985, benefit in case like that... right to present testimony in defense... McKenzie also stated 17:11:54 the entirety of case I presented, mcmann 104 federal reporter 3rd... stiles vs burgeron.... give court discretion on what sanction to impose.... need to have quantum of guilt before 17:12:36 no guilt shown, technical violation without substance, unfortunate it occurred... not a course of conduct... good not an issue, necessary and appropriate... YOU INDICATED THAT SHELLIE WANTED DONNELLEY TO BE IN THE COURT WITH HER, BUT SHE WAS SUBJECT TO SEQUESTRATION ALSO... AT OR DURING OPENING STATEMENTS, SO SHE WOULDN'T HAVE BEEN HERE FOR FIRST OR THIRD DAY OF TRIAL TESTIMONY... not here then... WELL YOU SAID HE CAME TO SUPPORT HER... she made decision to come by and support since mom and dad were excluded..... but then she couldn't..... TO MY LEFT, FIRST ROW IS BUFFER ROW, SECOND ROW IS MARTIN FAMILY ROW, CHOOSE WHOSE THERE AND NOTIFY THE SHERIFFS OFFICE, AND THEN ROWS BEHIND THEM ARE LOTTERY.... TO MY RIGHT FIRST ROW IS BUFFER, SECOND ROW IS ZIMMERMAN FAMILY ROW, SAME PROCEDURE TO AUTHORIZE WHO APPEARS, ROWS AFTER THAT ARE MEDIA... AM I WRONG? no. SAYING DONNELLEY WAS SEATED IN MEDIA ROW AND NOT FAMILY ROW? I had not met the man, I know he's on that side.... west can clear up those facts... pictures in the court on right side... offered to support George... WEST, PLEASE? 17:15:47 west: the issue of whether Donnelley was here... addressed.... Tuesday and Wednesday morning... I met Donnelley at deposition, able to recognize him, when we took that recess... he said good morning and we shook hands, first time I noticed he was in the court room.. omara wouldn't have known how to recognize him.... it was whenever that recess was.... mentioned to Donnelley that the court invoked sequestration and he had to leave court room... would not be able to attend court proceedings, apologized and would do that... didn't express knowledge of knowing the rule was invoked previously... responsibility of council or staff.... no question he wasn't informed, couple hundred witnesses on the list... efforts made to contact witnesses we'd likely call... Donnelley not on the list... that's it... I didn't tell Donnelley specifically prior to appearing that the rule had been invoked... I don't believe anyone from omaras office told him... no reason to think Donnelley flaunted or disobeyed an order of sequestration.... inadvertent on his part, some responsibility lies with myself or staff 17:18:35 as to Shellie Zimmerman issue... WAS HE SEATED IN FAMILY ROW, SECOND TO MY RIGHT? can't speak to that, wasn't seated when I saw him... standing in corridor exiting a row... when the rule was invoked and all of the Zimmerman family was excluded from court room.... because Shellie who the state did not call was excluded from these proceedings asked Donnelley to come in support of Zimmerman.... 17:19:44 omara: he was in the second row your honor 17:19:51 mantei: McKenzie case says violation with knowledge or consent of council, testimony must be excluded.... it was known the witness had been here, known he was told h head to leave... disclosed new testimony, changed, or added and the fact he had been here was disclosed neither to court nor the state... 17:20:51 sipio says only the court can determine it was not prejudice..... courts review to find that's exactly what happened, must be excluded.... two separate analysis... council knew about violation and not disclosed and if council did not.... crump was also forced to be absent and never called 17:21:51 616.1 IS RULE OF SEQUESTRATION... PROVIDES THAT COURT WILL DETERMINE A VIOLATION OCCURRED WITH KNOWLEDGE OF PARTY OR COUNCIL... MAY EXCLUDE WITNESS IF TESTIMONY WAS SUBSTANTIALLY AFFECTED, DIFFERED IF HE DID NOT HEAR TESTIMONY.... COURT IS VERY VERY VERY VERY CONCERNED THAT WAS FOUR VERYS ABOUT RULE OF SEQUESTRATION AND THE WITNESSES AND COUNCIL ABIDING BY THAT RULE.... WHETHER WITNESSES HAD THE KNOWLEDGE, BASED UPON WHAT I HEARD I DO NOT BELIEVE HE HAD THE KNOWLEDGE, HE WAS NOT SPECIFICALLY TOLD.... WITH A COUPLE HUNDRED PEOPLE ON WITNESS LIST, HARD TO NOTIFY ALL OF THAT ABOUT SEQUESTRATION... NOT EVEN 1 HALF OF THOSE WITNESSES WERE CALLED... CANT MAKE FINDING HE HAD KNOWLEDGE.... IF HE HAD CHANGED, CANT MAKE THAT FINDING EITHER... MOTION FOR SANCTIONS IS DENIED.... COUNCIL APPROACH FOR ONE MOMENT (sidebar) 17:29:09 NEXT ORDER OF BUSINESS IS PROPOSED JURY INSTRUCTIONS, SOME SUGGESTED CHANGES... COURT WANT TO GO THROUGH GENERAL INSTRUCTIONS TO HAVE AGREEMENT AS TO THOSE.... 17:29:36 THANKING JURY FOR ATTENTION AND PAYING ATTENTION IM ABOUT TO GIVE... ANY OBJECTIONS? no. no. MR ZIMMERMAN DO YOU HAVE A COPY YOU CAN LOOK AT WITH US? yes 17:30:04 STYLE OF CASE, SECOND PAGE IS WHAT I READ... WANTED TO MAKE SURE HE HAD A COPY IN FRONT OF HIM... STATEMENT OF CHARGE, OBJECTIONS? no. no. RESERVE TO HOMICIDE..... SUGGESTED CHANGES GIVE TO OTHER SIDE... SAME FOR SECOND DEGREE MURDER INSTRUCTION, RESERVED... POSITION OF FIREARM AND DISCHARGE CAUSING DEATH, ANY OBJECTIONS? no... omara: substantively no, depending on charge 17:31:15 LESSER INCLUDED CRIMES OR ATTEMPT, MANSLAUGHTER AND AGGRAVATED ASSAULT OBJECTIONS? no... omara: one to bring up tomorrow.... POSSESSION OF FIREARM AND DISCHARGE CAUSING DEATH, SAME AS ONE THAT? mantei: as it relates to aggravated assault...ANY OBJECTIONS TO NOT READING A SECOND TIME? mantei: as long as reference made that's the 10-20 life enhancement 17:32:46 JUSTIFIABLE USE AND DEADLY FORCE, SUBJECT TO DISCUSSION TOMORROW... TAKE INTO CONSIDERATION THE CHANGES CURRENTLY BEFORE THE SUPREME COURT....PLEA, OBJECTIONS? no. DATE OF CRIME.... VENUE..... WEIGHING EVIDENCE, 1-5... THEN 6-10... STATE REQUESTING 6-10? 8 should apply and I believe that's the only one... DEFENSE REQUESTING ANY OTHERS? none of those... testimony from state on inconsistency... THAT DOES APPLY 17:34:14 6,7,9, OR 10? no. no. EXPERT WITNESSES.....DEFENDANT NOT TESTIFYING.... DEFENDANT STATEMENTS.... RULES FOR DELIBERATION..... mantei: what we want to do with 7, no questions written that weren't asked... don't think 7 needs to be there. DEFENSE AGREE? we do... 17:35:28 NOTES..... CAUTIONARY INSTRUCTION.... VERDICT..... SUBMITTING CASE TO JURY.... STATES PROPOSED SPECIAL JURY INSTRUCTION, ARGUE TOMORROW... ANY OTHER PROPOSED FROM STATE? not at this time... omara: I was using copy.... LAST PAGE... OTHER THAN WHAT WE DISCUSSED, ANY OTHER SPECIAL INSTRUCTIONS FROM DEFENSE? no... NEED PROPOSED VERDICT FORM, GIVE A COUPLE OF SCENARIOS... LESSER OFFENSES TOGETHER, ONE THAT IS ONE OR OTHER AND INCLUDE FIRE ARM 17:37:03 ANY OTHER MATTERS REGARDING INSTRUCTIONS? no. mantei: defense requesting special instructions... JUST CHANGES TO THE CHARGES, EXCHANGED TONIGHT VIA EMAIL... TALK AFTER COURT ABOUT THAT.... PREPARE TO TALK ABOUT TOMORROW 17:37:38 TAKE MORE THAN AN HOUR TO GO OVER JURY INSTRUCTIONS? omara: hour or so... 17:37:54 omara: ask we delay closing arguments to give time to prepare for.... BEGIN CLOSINGS AT 1... STATE GO THROUGH, DEFENSE CAN DO CLOSINGS ON FRIDAY MORNING... STATE REBUTTAL FRIDAY MORNING.. AND DELIBERATE FRIDAY AFTERNOON.... WHAT TIME DO YOU WANT TO COME IN? 17:38:38 omara: 8:30? asking to change that.... YOU SAID YOU WANTED TIME.... START AT 10 ON INSTRUCTIONS, START AT 10:30 AT INSTRUCTIONS OR DO IT IN THE MORNING... NOT START CLOSING UNTIL 1... rionda: start earlier, mantei will be doing it..... prefer 8:30 or 9:00 17:39:29 COURT IN RECESS UNTIL 9... JURY IN AT 1... ANYTHING ELSE TO TAKE UP? omara: does it not make sense to start closings Friday morning... TOLD YOU SCHEDULE BECAUSE IT MAKES SENSE TO ME... YOU INDICATED MORE TIME, NOW YOU HAVE IT AND STATE DOESN'T NEED ANY MORE TIME.....RECESS UNTIL 9 AM 17:40:23 COURT IN RECESS ============================ OMARA PRESSER: 18:00:00 afternoon... once again, not much to say to start out with... glad were done with presentation of evidence... fun part of the trial, I get to argue.... nothing to do with evidence, let jury make decision 18:00:31 george's decision to not testify, seemed hesitant? no were done and a big part of him wanted to get in front of jury and say this is what I've done and why I did it... give his side, very difficult decision for him to make... with the evidence the way it is, I think we have a good chance with jury... already given story and statement 5 or 6 times.... 18:01:26 leaning toward wanting to testify? wanted to tell his story and interact with them, this is what was happening to me and why I wanted to do it... give doctors the scalpels for a reason.... 18:02:07 work so hard to get the judge.... marijuana evidence? judgment call all along the way, relevant.. don't think it...... should be available to us if we decide to present it.. hope everyone believes we presented this case in a way that did what we could to defend George but still protected the memory of a 17 yr. old son.... focus on context of being respectful to the event... impact on decision a lot 18:03:21 lesser charges? doesn't apply.. self-defense applies to all... what happened out there was not a crime, shouldn't be 2nd degree murder or any lessors... what George did was intentional act, why he did it was self-defense... not man slaughter charge 18:04:02 wanted to respect martin but bring up the texts? in like form, make sure that was our decision... judge should've left that to our discretion, respect her decision... reason for wanting it as an option 18:04:34 animation used in closing statements? sure, why not.. great piece of demonstrative tool... vantage point movie connection root said is perfect... present as one cohesive form 18:05:06 clients state of mind knowing fate will be decided? worried... we still have a case where he's trying to be put behind bars 18:05:29 Florida's 10-20 law apply? it doesn't, need a conviction before it applies..... 18:05:51 strongest part of your case? that George had no alternative, did what he had to do to protect himself from great bodily injured... if we presented evidence that helps jury understand that 18:06:21 expect rebuttal from state? no were done... no further evidence, not moving forward... no further rebuttal or sir rebuttal 18:06:37 what happened with crump? judgment calls.... wanted testimony and as a witness fit that in... overall context of how you present this defense case... 200 witnesses and only 80 called... 18:07:12 lesser charge? concerned with that? absolutely... I do not want jury looking at this and feeling that a loss or sympathy should be considered.. affirmative and just decision, no pardon for my client or compromised verdict... evidence they should get.. follow law and apply the law 18:08:01 Zimmerman on the fence to testify, not confident with case? no he was confident, desired to talk to the jury 18:08:18 what lessors? manslaughter is category 1, aggravated assault.... only ones considered 18:08:37 manslaughter with gun and without gun? correct all variables 18:08:49 not accessible to jury? correct 18:08:56 downside for defense to bring in marijuana evidence? hard to say to take string out of tapestry... didn't seem to be significant enough to make the focus on that... concerned on juries sensitivities... taking into consideration what the jury will view.... look at that and weight positives and negatives 18:09:45 intention all along to begin with Georges mother and finish with his father? no. 18:10:01 plan to get on the dummy? the doll, no it was impromptu 18:10:12 discovery misconduct, where did their actions hinder you? in a lot of ways I could say easily, phone evidence we got late... background work to make it admissible... scraped through it, took what we got and fought till what we got what we needed... still a pretty decent case 18:10:55 typical amount of time? reading the instructions, feels like forever but it's probably 10-12 minutes... copy can go back with them 18:11:23 if either side request, judge has to include it? category 1s are mandatory, but judge has to make determination there's fact to support it... can't ask for marijuana possessed by George, no facts to support it... no facts to support lesser 18:12:11 sentence? range from life in prison or a free man 18:12:22 face up to 30 years upon one consideration 18:12:33 no that's 1 not problem, but concern is we can't advise them as to the penalties... up to the judge 18:12:52 this jury listening attentively and will listen well to the instructions, apply facts to the law.... 18:13:09 she can still tell them discretions? no no she will not.. nothing mentioned to sentencing 18:13:23 parents in court? very emotional 18:13:30 still be able to have a life? I think that he's worried about safety going forward, same people of fear and hatred are not going to accept acquittal but they should cause the system is working 18:14:08 I think there's a question of semantics or words.... always needs to account with defendants conversation in council... wasn't substitutive 18:14:35 neighbor whose house was broken into, didn't connect them to... what was that about? not aware of this but the last years' worth of burglaries now of evidence.... jury has to consider last years' worth of alarms going off... she was one of most recent victims and more horrific of home invasion... necessary to present 18:15:31 hearing about restraining orders and the assault? state was considering that for rebuttal and decided not to 18:15:47 mentions of don wests daughters? we've been cautious to this whole thing.... last week with racially insensitive event, it wasn't.... picture was taken 2 days before jeantel testified.... cautious in the future.... willing to talk 18:16:32 surprised prosecution ended up with so few rebuttal? they're rebuttal is directly connected to what we represent.. we had a lot of voice witnesses... dr di maio's event how it occurred... in their minds had presented enough Following a night of tension and arguments in the courtroom, this morning the George Zimmerman trial will resume on what is likely the last day of testimony for the defense. Judge Nelson ruled that the animation of the incident the defense wanted, can come in, but not as factual evidence, just a demonstration. She also ruled that the text messages in Trayvon Martin's cell phone would be inadmissible. Once the defense rests, the state will have a chance at a rebuttal, which is expected to take half a day.

The state-appointed team of students who discuss issues facing safe-driving for kids sends their recommendations on how to keep kids safe on the roads.

Businessman in a bar, having a drink; exterior shot of businessman climbing in his car and heading to. . . disaster; DX group of teenagers in park, lounging around picnic table, drinking cans of Hamm's and Budweiser beer.

FTG FOR JOHN DONVAN ON THE DEATH OF ANNA NICOLE SMITH, WHO WAS FAMOUS FOR BEING FAMOUS / SINCE HER DEATH, IT IS STILL UNKNOWN WHAT THE CAUSE WAS / ABC NEWS PRODUCTIONS / A&E HANDOUT A&E BIOGRAPHY: Anna Nicole Smith Final Timecoded Script TEASE PEREZ HILTON When you see someone that looks like Anna Nicole Smith, you wanna get her naked. GUILIANA DEPANDI She was gorgeous. She was like unbelievable looking. There was no one like her. DAVID CAPLAN She's always doing something new and something so absurd and over the top that the public can't help but feel mesmerized. BOBBY TRENDY I don't really know how she lost all that weight. It's a mystery to me because she was like 300 pounds. ERIC REDDING Just not someone you would really want to take home to Mama, if you want to put it that way. PEREZ HILTON Other celebrities may be a little more cautious when they do certain things in public. But Anna is a bit more of a free spirit. And I love that! (LAUGH) ACT ONE 1:00:59 The highest court in the land meets the biggest boobs in the business. Ok, it was supposed to be a serious affair, but that didn't stop hordes of screaming fans and paparazzi from descending on the Supreme Court for what was an eye-popping and landmark decision. Natsot/ ABC news report Nat sot/GMA news report "Now Mrs. Smith goes to Washington. The Supreme Court ruled on Monday that one-time Playboy Playmate Anna Nicole Smith could continue her legal battle for her share of her late husband's $1.6 billion dollar fortune." On May 1, 2006, the justices refused to strip Anna Nicole Smith of her claim to her late husband's fortune. They unanimously sent her legal battle against her stepson back to a lower court. GIULIANA DEPANDI I think she's gonna get a ton of money. // I think Anna Nicole needs to take the money and run. (LAUGHTER) The girl who once lived in a trailer, was determined to hold onto her millions. Anna Nicole Smith struck black gold in 1991 when she met 86-year-old oil tycoon J. Howard Marshall in a strip club where she was a dancer. The octogenarian was instantly smitten. 1:02:11 ERIC REDDING From the second he saw her, he sent his driver over to get her. He saw her from across the room. And he said, "Go get that girl. I want to meet her in person." ANNA NICOLE SMITH He got a huge smile on, he had his gorgeous blue eyes and they got a little twinkle in his eyes and um, he asked me to dance for him. And I did. The elderly billionaire's heart skipped a beat. Soon he was asking Anna to shake her assets for him every day of the week. ERIC REDDING She told me he came in every Monday to Friday. /// And he would give her 500 to 5,000 dollars just to sit there and talk. Sometimes she would take her top off, show what she had. And that was it. JOEY BARTOLOMEO And he loved it, and he really developed a fondness for her. And he would shower her with gifts. MELINDA HUDSON She started getting houses and jewelry. And Neiman Marcus would come to the house, maybe once or twice a week, and fit her for clothes. ERIC REDDING She would see something she would want. She would call J. Howard up on the phone and just go, "Can I have this?" She would talk baby talk to him. 1:03:12 PEREZ HILTON It's like an Annie story, you know? Anna Nicole is Annie. And J. Howard Marshall is Daddy Warbucks. Anna called him "Paw Paw"-and he was old enough to be her grandfather. But Marshall didn't want to be just another sugar daddy. He was hooked. ERIC REDDING J. Howard Marshall, I have to say, he truly loved Anna. He really did. // He continually asked her to marry him. And she kept not wanting to marry him. The 23-year-old stripper had more on her mind than marriage. In late 1991, Anna saw an ad placed by a local scout for Playboy. It was the big break she'd been waiting for. So she put on her best stilettos and showed up at his studio for a test shoot. ERIC REDDING She came in. She's six foot tall. She had on like five-inch heels. So, she was like an Amazon woman. Anna was a big girl. But she had a pretty face, and one thing-or maybe it was two-really made her stand out from the other girls. JOEY BARTOLOMEO She just has enormous breasts, and even when she's thin, or thinner, // she's just very curvaceous. And she's got the bombshell thing going on. Totally different from anything else that was out there. 1:04:28 PEREZ HILTON Of course, Playboy fell in love with Anna Nicole Smith and they had her take a Playmate test right away. It's one of the few tests that she passed with flying colors. Anna's breathtaking face and body graced the cover of Playboy in March of 1992. That unforgettable debut catapulted her to fame-and left her fans begging for more. DAVE CAPLAN When Paul Marciano, the president of Guess Jeans, saw Anna Nicole Smith in Playboy, he immediately called the magazine and asked, who is that girl? The rest is history. // She became the iconic spokeswoman for Guess Jeans. // And it almost gave her a bit of a classier edge. The sultry ads highlighted Anna's assets. At a time when the "waif" look was in, Anna broke the mold. Never before had there been so much buzz about a new Guess girl. GIULIANA DEPANDI I mean, when those Guess ads came out, it was shocking. I mean, she was gorgeous. I mean, she was like unbelievable looking. There was no one like her. 1:05:30 JOEY BARTOLOMEO These pictures were very sexy, but she still almost had an innocent quality to her at the same time. And she's just kind of overflowing. // But she still was sort of like the naughty farm girl. That -the naughty girl next door. Very naughty. Off camera, the girl next door was living a hedonistic lifestyle in Hollywood, allegedly indulging in drugs, booze, wild sex.and too much food. NAT SOT: 1996 Oscars red carpet Wait, wait, I'm not fat! This is just. ERIC REDDING The unfortunate part was after the drug and alcohol abuse she didn't kind of see things in the same light. I mean, she honestly didn't know she had gained weight and that she was fat. GIULIANA DEPANDI You know, it's sad, cause she really was on top of her game around the time of Guess and Playboy and-and then she started getting some movie roles. And then she just lost it. DAVE CAPLAN All these charges came against her that she was having wild sex parties, and she really deserved the title as America's Most Talked About Celebrity at the time. While all the bizarre stories sold tabloids, the salacious headlines-and Anna's growing size-were a turn off for her clients. 1:06:42 JOEY BARTOLOMEO Anna's career was tanking. And lucky for her, J. Howard Marshall was around and he still wanted to marry her. NAT SOT FILE: Anna showing off ring And I hope you're watching, it's right here! And I just want you to know that. Because I told you to watch TV tonight and I love you. On June 27th, 1994, the Playmate married the billionaire in a tiny wedding chapel in Houston. The bride was 26, and the groom was 89. DAVE CAPLAN Anna Nicole Smith was really put in the hot seat after she married J. Howard Marshall because he was so much older and in a wheelchair. A lot of people were wondering what's the real story behind their marriage? Are they intimate? PEREZ HILTON He was old enough to be her great grandfather. That's kind of gross. // But I should be so lucky when I'm in my 90's to find someone in their 20's to make me happy. (LAUGHTER) ANNA NICOLE SMITH I want people to understand, forget about the damn age. It's, he saved my life and I saved his life. He took me out of a terrible place and he cares for me and my son. And in return I took care of him. And I loved him for that and I would never ever leave him. 1:07:58 It didn't matter what she said. Anna became a late night laughingstock. NAT SOT - "Politically Incorrect" Well, I mean, for half a billion dollars, what would you not touch? But Marshall's son and heir, E. Pierce Marshall, was not amused. And when J. Howard died at the age of 90, after just 14 months of marriage, it was war between Anna and her stepson. JOEY BARTOLOMEO Not only did Pierce and Anna fight over the fortune, but they were also fighting over J. Howard Marshall's body. They ended up cremating him, and they each took half the ashes. DAVE CAPLAN There were two memorial services, one which Anna Nicole Smith attended, and another for his family. And to the memorial that Anna Nicole Smith went to, what did she wear? Her wedding dress. Which of course a lot of people perceived as disrespectful and completely, completely inappropriate. After the funeral, the widow and the son began fighting over Marshall's vast fortune, estimated at $1.6 billion. ANNA NICOLE SMITH He just always promised that once we're married, you know, half of everything is mine. That was his promise to me. 1:09:13 JOEY BARTOLOMEO The two sides ended up going to court. One suit was filed in Texas. One suit was filed in California. They had completely different verdicts. In one suit Anna was awarded 450 million dollars. And in another one she didn't get anything. The battle over Marshall's fortune would consume Anna's life for years to come.and go all the way to the U.S. Supreme Court. DAVE CAPLAN She was absent from the Hollywood scene for many years because she was embroiled in a really bitter, vicious lawsuit with his family. PEREZ HILTON I think Anna Nicole Smith is very driven. // What drives Anna Nicole Smith is fear. I think she's afraid of being that poor // girl from Texas again. // You know, she wants that money. She deserves that money, honey. (LAUGHTER) Act Two 1:11:06 For Anna Nicole Smith, the fight over her late husband's fortune took on new urgency the year after he died. In 1996, she found herself millions of dollars in debt and forced to file for bankruptcy. PEREZ HILTON Anna Nicole Smith is just a poor, simple girl from Texas who is not the brightest and not as savvy with money as others. Y'know, when you're getting up to $7 million in gifts from your boyfriend or husband, you think the money's never gonna stop and then it stops, and you're screwed. The wealthy lifestyle was something Anna never knew in her early years. She was born Vickie Lynn Hogan in 1967 to a working class family in Houston. Her parents split up when she was just a baby, and she and her father had little contact for the next twenty years. DAVE CAPLAN Anna Nicole Smith started her life on a bit of a troubled note. // And that really set the tone for her life. Growing up, Anna was anything but a typical little girl. GIULIANA DEPANDI She was a tomboy as a kid. // She liked to be with the boys and loved the trucks and the dirt and the messy hair and never really you know hung with the girls. That rebellious tomboy didn't always see eye to eye with her mother, Virgie, who was a deputy sheriff. When she was a teenager, Anna left home and moved to the small town of Mexia, Texas. 1:12:36 MELINDA HUDSON She moved in with us when she was about, oh, I believe about 14. And we lived in a small home, on the outskirts of Mexia. And we didn't have a lot of money. Even though they were poor, Anna imagined a different future for herself. She dreamed of following in the footsteps of her idol Marilyn Monroe. MELINDA HUDSON She always told me that she was gonna be something some day. I'd just laugh at her. I'd tell her that none of us are gonna ever get that. At 17, it didn't look like Anna was going anywhere. After dropping out of high school, she got a job at Jim's Krispy Fried Chicken, where she would meet her first husband. JOEY BARTOLOMEO When she was working at this fried chicken place, she met Billy Wayne Smith, who was also a teenager. And they fell in love. They ended up getting married, and having a baby pretty quickly after that. MELINDA HUDSON She was real excited. And she said that she was gonna love him, and-and take care of him. 1:13:40 But the new baby couldn't hold together an unhappy marriage, and Anna wanted more. MELINDA HUDSON She got married quick, and divorced real quick. DAVE CAPLAN It only lasted a couple of years. But the one good thing that came out of that union was the birth of their son, Daniel, who to this day, has a spotless record and hasn't taken after his mother. Anna fled to Houston with her baby and scraped by with jobs at Red Lobster and Wal Mart. It was not the glamorous life she'd dreamed of. Then one day, on a whim, she decided to try something new. ANNA NICOLE SMITH I would drive by the work every day and there was this big neon sign-- it was blue and white. And it had this um lady in high heel shoes and she had the bikini on and it would flash, tip toe, then back, tip toe, then back, like that, and I was like, oh, you know, how neat. You know, I can dance, I'd love to do that. // I didn't know it was topless though. The topless bar was called the Executive Suites, and it catered to businessmen. ANNA NICOLE SMITH I was gonna apply for you know, a dance job and I walked in and I went, huh, cause there was this beautiful woman, // and she was topless and she was dancing on stage and I was like, uh. I remember my whole body just shaking just like crazy. 1:15:02 Anna might have been nervous, but she had stunning looks and the right attitude. She was hired on the spot. But there was one small problem with the new dancer. JOEY BARTOLOMEO When she started out she didn't have breast implants yet. And so, her body was much different than the one that everyone knows her for. At first, the manager assigned Anna to the less lucrative afternoon shift. GIULIANA DEPANDI And she wasn't happy about that. And so she realized, I gotta do something about this. ERIC REDDING She // had some implants done. // She used to actually be an A-B cup. // And she definitely went to the D's and then the double D's. And of course, men love big breasts or large breasts or bosom if you want to call it that. Anna's new size impressed her clients. Soon she was in demand at the best clubs in town. PEREZ HILTON What is known is that she was quite the popular stripper at the local strip club back in her home town. 1:16:02 ERIC REDDING Vickie was very good at meeting gentlemen in the clubs and stuff. And she would have them pay for her any kind of whims that she wanted. The customers liked to lavish Anna with expensive gifts and extra tips. But no one was more generous than the very old, very wealthy J. Howard Marshall II. ERIC REDDING The one fact that most people don't realize about J. Howard Marshall, he was a very smart man. I mean, very smart. // So to this day, // I do not know how these two ever made it together at all. The two of them couldn't have been more different. The 86-year-old billionaire had headed an oil company and taught law at Yale Law School. Anna was a stripper with a DUI arrest behind her. But Marshall's tastes weren't quite as high-brow as his resume would suggest. ERIC REDDING J. Howard liked to frequent the clubs. He enjoyed women's beauty. And he obviously enjoyed topless women's beauty. JOEY BARTOLOMEO At the time she met J. Howard Marshall, he was married, and he also had a mistress, who was also a former stripper. So, he wasn't really in the place to be having a girlfriend, but he definitely was wooing Anna Nicole. 1:17:10 Then, in 1992, in a stroke of bad luck, both Marshall's wife and his mistress died. JOEY BARTOLOMEO So he was very upset. He was needy. You know, he was looking for a woman to comfort him. And she was there, and she gave it to him. BETTY MORGAN Mr. Marshall wanted the companionship of a young woman. And he was pleased, very much so to be seen with her. Although Marshall considered Anna his girlfriend, her friends said she saw things differently. ERIC REDDING She really tried to spend the shortest time possible with him. Because she was really embarrassed about what other people where thinking. /// I asked Anna once, // I said, do you all have intimate relationships? And she kind of snarled up her nose and her face and she says, oh God no. There's no way // I mean, the extent of what I think is that Anna might kiss on him, kiss on his-neck, and she would like bare her breasts and put them on his head and things like that. 1:18:05 When Marshall began asking Anna to be his wife, she refused. ANNA NICOLE SMITH I said, honey, let me go make something out of myself first so people don't look at me as a gold digger. So I have my-my own identity. ACT THREE 1:19:21 In the fall of 1991, Anna Nicole Smith was a 23-year-old stripper with dreams of stardom. When she saw an ad seeking models for Playboy, it seemed like the break of a lifetime. But at first, Playboy scout Eric Redding had doubts about Anna. ERIC REDDING Anna Nicole was very sweet from the very first time I met her. // But she was not very polished. // Her hair was God-awful, a mess. She would wear this gobs of blue eyeshadow-tons of lipstick and just not someone you would really want to take home to Mama, if you want to put it that way. But Redding quickly realized that Anna was someone you might take to the Playboy mansion. PEREZ HILTON When you see someone that looks like Anna Nicole Smith, you wanna get her naked, take some pictures and send it to Playboy. 1:20:07 ERIC REDDING We sent the film to L.A.,again// fedexed it out. When they got the film, //I can't even tell you how excited they were. The Playboy editors were instantly captivated. Within days, Anna was on her way to L.A. and the legendary Playboy mansion for a photo shoot. ERIC REDDING She was elated. I mean, no doubt, Anna was so excited. She didn't know who to tell first. DAVE CAPLAN For someone like Anna Nicole Smith, a small town girl from Texas, to land in the pages of Playboy, it's a dream come true. JOEY BARTOLOMEO They took her pictures, and they put her in the magazine almost immediately. Which was pretty much unheard of. ERIC REDDING They bumped what they had already put on the cover and put Anna on the cover as debutante. // That's how incredibly excited they were. The March 1992 issue flew off the newsstands and put Anna on the map. JOEY BARTOLOMEO She became a celebrity-immediately. She was put in the magazine again three months later. She was the centerfold. Eventually she became a Playmate of the year. 1:20:15 MELINDA HUDSON She was really happy. She came home smiling and waving around a check. (LAUGHS) The money was really good for her. // She loved the attention. Of course, Vickie's always loved attention. Anna was enjoying her overnight success when she got an unexpected phone call. It was the president of Guess Jeans, Paul Marciano. PEREZ HILTON Paul Marciano saw Anna Nicole on the cover of Playboy and he's like, I want that lady to do my Guess jeans ads. Paul Marciano had discovered Claudia Schiffer and Eva Herzigova when they were complete unknowns and turned them into supermodels. MONIQUE PILLARD Paul Marciano is an incredible art director. // And I think that he works with the personality of the girl, // In the case of all these girls, he knew exactly what he wanted. And he did a great job, because their career took off immediately after. Now, at a test shoot in Texas, Marciano saw something special in Anna. ANNA NICOLE SMITH And I remember walking in the trailer, and I'll never forget, he walked up in the trailer and his mouth just dropped. He was like, uh, and I was like, uh, I think he likes me now. (LAUGH) 1:22:28 Marciano immediately signed the centerfold to a modeling contract and set about remaking her image. draping her in designer clothes and jewelry. But his crowning touch was giving her a sultry new name. ERIC REDDING They felt Vickie Lynn Smith sounded too country, sticksy, that type of thing. // They decided she needed a more sophisticated sounding name. And they came up with Anna Nicole Smith. Soon, that name was on everybody's lips.while that body was in every teenage boy's dreams. Anna Nicole Smith became the fashion world's most unlikely supermodel. MONIQUE PILLARD When I first said that I was gonna represent her, people in the agency thought that I had lost my mind. /// People told me, Why are you taking her? I mean, she's not gonna be good for fashion and everything like that. // I said, I'm-I wanna represent her, cause I like her. Anna was living out her fantasy. But life in the spotlight soon became overwhelming. 1:23:25 MELINDA HUDSON A lot of people think that it's real glamorous to be // in all the magazines and all the attention. But it was a lot of stress for her. DAVID GRANOFF She did an appearance for Guess in Japan // and she called me up and she said, David, they're mobbing me. // They're mauling me. They're grabbing my hair. I'm afraid for my safety. MELINDA HUDSON And maybe her nerves were pretty bad. You know? And so, she had to take something to get the edge off. To take that edge off, people said that Anna turned to drugs and alcohol. ERIC REDDING She could drink three or four bottles of champagne by herself in like a three hour period. // And unfortunately, she was on like probably 12 to 15 different types of medications. JOEY BARTOLOMEO Anna Nicole Smith didn't really handle the fame very well. She partied a lot. There was talk of drugs and alcohol. And the more Anna partied, the wilder her behavior seemed to get. ERIC REDDING Anna, when she would start drinking, there was nothing that was off limits to her. /// We were out at a country western club. And she had ran out of money. // Anna went up to the bartender and said, look, if you give me what I want for shots and drinks, I'll show you my breasts. And that's what she did. She pulled down her top, let him see 'em. And he fixed her up for the rest of the night. JOEY BARTOLOMEO She really just kind of was one of those people who went to Hollywood and pretty much lost herself. ACT FOUR 1:25:51 After two years in the spotlight as a model and Playmate, Anna Nicole Smith wanted to branch out. In 1993, she made her movie debut in The Hudsucker Proxy, alongside seasoned veterans Paul Newman and Tim Robbins. Anna played the role she knew best - that of a busty blonde. FAIR USE: Clip from The Hudsucker Proxy A year later, she expanded her body of work with the comedy Naked Gun 33-1/3: The Final Insult. FAIR USE: Clip from Naked Gun I wanna go straight, I'm tired of the lies. Now Kiss me, please kiss me. JOEY BARTOLOMEO She had little roles here and there. She was always typecast as the same person, which was herself. 1:26:35 Eventually, Anna found herself starring in B movies, like Skyscraper. PEREZ HILTON You know, Anna Nicole Smith is not exactly Oscar material and she knows that, and the audience knows that. That's why she did a lot of erotic thrillers. FAIR USE: one of the erotic thrillers Remember, I'm from Mexia, Texas PEREZ HILTON That's a nice way of putting it. JOEY BARTOLOMEO But these movies were pretty popular and-and seen by a lot of people, and it seemed like maybe she was gonna get a career out of it. Off-camera, Anna's life was spiraling out of control. In February of '94, she was rushed to an L.A. emergency room, unconscious after a wild night of drinking and pill-popping. Later that spring, her maid, Maria Cerrato, hit her with a sexual harassment lawsuit. ERIC REDDING Maria Cerrato and her attorneys had claimed that Anna had locked her up in the house and kept her as like a sexual slave. And she would give her drugs and alcohol to -to keep her under control and do whatever she wanted. 1:27:39 Anna denied the scandalous charges, and they later settled. But her image was tainted, perhaps beyond repair. Her fashion clients shunned her, and she was passed over for movie roles. PEREZ HILTON It kind of happened overnight, you know? The Guess campaign was over. Anna really wasn't doing much as a model and she was partying a lot. Then she became this tabloid creature. And once you're sucked in by the tabloids, there's really no going back, you know? At the age of 26, Anna was starting to look -and feel -- like a has-been. But back in Texas, one man still considered her a star -- the octogenarian oil tycoon J. Howard Marshall. ELAINE TABERS He would always tell her, you're the love of my life. // I mean, he would just say, you know, all I need to do is talk to you on the phone. I just need to hear your voice. ANNA NICOLE SMITH It's like every night at 7 o'clock he had to call me because I was his sleeping pill. (LAUGH) That's what he called me, his sleeping pill. Marshall was determined to make Anna his wife, and after two years of long distance dating, he bought her a brilliant 22-carat diamond ring. On June 27th, 1994, the pair finally tied the knot in Houston. 1:28:57 ANNA NICOLE SMITH I remember looking over at him, and um, he was crying. And I said, honey, why are you crying? And he said to me, because I thought this day was never gonna happen. So that, that will stick with me for the rest of my life. He was happy. The couple chose the 80's hit "Tonight I Celebrate My Love For You" as their theme song. Marshall couldn't wait to celebrate his love-and was surprised to find out that he wouldn't get that chance. ERIC REDDING After they were pronounced man and wife, Anna had to go on a photo shoot supposedly to Greece. /// And poor J. Howard just sat there and cried in his wheelchair. JOEY BARTOLOMEO Here she was, this 26-year-old, marrying this 89-year-old. // People thought she was nuts, and they also thought she was a gold-digger. The tabloids had a field day with the 63-year age difference between Anna and her new husband. But, according to her former manager, she was having a secret relationship with her bodyguard. ERIC REDDING Pierre DeJean was probably Anna's favorite bodyguard. // He took care of her extremely well out in public. What most people didn't realize, he took very good care of her-behind closed doors as well. 1:30:15 Marshall didn't seem to know about any alleged affairs and appeared happy. As Anna returned to her life in L.A., he continued to worship her-- from afar. EYVONNE SCURLOCK When he would come into the office in the morning, the first thing he'd do, he'd say, Eyvonne, let's call Miss Vickie. And um she usually wouldn't take the phone call, somebody else would answer the phone. /// Then when finally later on she would call, she always wanted some money. ELAINE TABERS She came from having nothing to having everything she wanted. And it was like letting her loose in a candy store and telling her, eat as much as you want. She didn't know when to stop. EYVONNE SCURLOCK The more money he gave her was never enough, she would always want more. BETTY MORGAN I asked him, "Why, why was he putting up with her later when things got so bad. And he just said, "She's my wife." As Marshall's wife, Anna wanted more than just his money. she also wanted to start a family with him. 1:31:10 ELAINE TABERS She asked could you know, they have a baby together and he said yes. And they told him that he had to be checked to make sure that you know, he was still able. And uh, my husband took him to the doctor and they did uh, sperm count. The doctor discovered that Marshall was still able to have children, but according to Marshall's nurse, Anna seemed less concerned with getting pregnant than she was with getting her husband on tape - with a promise of an inheritance. BETTY MORGAN He had a nickname for her breasts, they were rosebuds, and she exposed her breast to him and she would lean forward with the tape recorder and tell him what she wanted him to say in the tape recorder and then she would turn her tape recorder on. // But the whole time, she was exposing herself to him. Her rosebuds. After a few months of this marriage, J. Howard fell ill, and had to be hospitalized. Anna rarely visited him, and during Marshall's final weeks, he seemed to become disillusioned. BETTY MORGAN The last time she called, he refused to talk to her. // And I even said, "You do know who I'm talking about? Who is this on the phone?"// He said, "It's Vickie." And I said, "But, you're not going to talk to her?" And he just shook his head. // That was it, he didn't have anything else to say to her. ACT FIVE 1:33:28 On August 4, 1995, 90-year-old J. Howard Marshall died of pneumonia, leaving 27-year-old Anna Nicole Smith a widow, after just 14 months of marriage. ANNA NICOLE SMITH He was my Prince Charming. (LAUGH) I'll never find another Howard. // His eyes would just light up and he'd get this big smile on his face every time he saw me. PEREZ HILTON I think Anna Nicole Smith loved J. Howard Marshall. And she loved his money too. To her horror, it looked like Anna had lost both the man and his millions. She claimed that her stepson Pierce Marshall had stripped her of her share of the family fortune - and cut off her $20,000 monthly allowance. DAVID GRANOFF It was very, very hard for her. After having everything, to have, you know, everything taken away from her. // And I think she kind of went into seclusion. 1:34:22 The stress took a visible toll on Anna. She retreated from Hollywood and checked into the Betty Ford Clinic in an attempt to kick her drug and alcohol habit. But rumors of addiction would continue to swirl around her for years. PEREZ HILTON I mean, I think Anna's addictive personality kind of has consumed her for many years in many ways, you know?// She is always looking for something else, something to make her whole, whether that be food, substances, or a man. After her husband's death, Anna continued to shop like an heiress. By January of 1996, she was flat broke - and forced to file for bankruptcy. As part of the case, she claimed that her late husband had promised her half his billion-dollar fortune - and she accused his son, E. Pierce Marshall, of interfering with his father's wishes. ANNA NICOLE SMITH I'm doing this for my husband and me. // I'm fighting for my husband and what he wanted me to have. RUSTY HARDIN You've got a 26-year-old woman who saw a way to get // a bunch of money, and she's doing everything she can, along with help from her lawyers, to get it. // She's gone after half the estate, and made up a story that she was entitled to it. 1:35:38 Whatever the truth was, Anna had to wait for her day in court.and work for her money. Her up-and-down weight attracted a new kind of client. And in 2000, she became the spokesmodel for Lane Bryant, the plus-size clothing line. PEREZ HILTON You gotta get a gimmick. Hey, I'm fat. I embrace it. I love my fat body. So Anna Nicole Smith started to model for Lane Bryant. She needed a paycheck. DAVE CAPLAN And she just went out there with saying, hey, yeah, I'm a little overweight. I'm big-boned. But you know what? I'm gonna make millions off of it. And I'm gonna have the last laugh. Soon the opportunity to win the really big bucks arrived. Anna's bankruptcy trial finally began in L.A. in the fall of 2001. The verdict stunned everyone. NAT SOT: News report Anna Nicole Smith is a multimillion dollar winner. A Los Angeles federal court awarded Smith almost $450 million of her husband J. Howard Marshall's estate. PHILIP BOESCH It's a large number. It's a large number for me. But it wasn't a large number for Howard Marshall. Howard Marshall was a billionaire. 1:36:44 For a brief moment, Anna had it all in her grasp-a large part of her dead husband's fortune. But the victory wouldn't last long. Pierce Marshall appealed the California decision - and took the matter to trial in a Houston probate court. And in late 2001, Anna faced off against her stepson's lawyer, Rusty Harden, in front of a Texas jury. RUSTY: Ms. Marshall, you're just up there making stuff up as you go along. ANNA: I'm not making anything up, Rusty. RUSTY HARDEN What we saw was a person that was very self-absorbed, that was a very selfish person, that never cared about him and was making up a story to try to get money. RUSTY: So how does one go about spending 5,000 dollars a week in cash? What do you do with it? ANNA: Well, I would go to premieres like every week. You have to buy a formal gown, I mean. You buy gowns, they're like $30,000. And you gotta buy gowns. You gotta buy shoes. You gotta pay hair and makeup. I mean, it's very expensive to be me. I mean, it's terrible the things I have to do to be me. JOEY BARTOLOMEO Anna was on the witness stand for five days. And for someone who was putting on this performance, that was a long time. 1:37:56 ANNA: We probably had sex and he went to bed. RUSTY: You probably what? ANNA: Had sex. RUSTY HARDEN I never knew what she was gonna say. I'm totally comfortable she never knew what she was gonna say. So we were getting the real product. Anna became unraveled as Harden pounded her with questions. RUSTY: What is it you're saying Pierce Marshall did now? Did he order people to let his father choke? Is that what you're saying? ANNA: He ordered for him not to be suctioned. That is the same thing as ordering him to choke to death on his own vile. Question by question, Harden chipped away at Anna's claim that she was a devoted wife. RUSTY: You know what date you were in Playboy magazine, do you not? ANNA: Yes, sir. RUSTY: You know the second time you were in Playboy magazine, do you not? ANNA: Yes, sir. RUSTY: But you cannot tell us either the first time you saw your husband after you were married to him or the last time you saw him before he died? ANNA: No, I cannot tell you that. 1:39:00 DAVID GRANOFF She did the best she could. // She had a lot to contend with. She had these barracuda lawyers. RUSTY HARDEN The best way I can think of to describe her as a victim is sort of like calling the Grand Canyon a ditch. You know, I mean, she was not a victim. She was a woman who took advantage of a situation, and she milked it for everything she could. After six days on the stand, Anna was frustrated and defiant. ANNA: Screw you Rusty. JOEY BARTOLOMEO She showed up one day in a T-shirt that said, Spoiled, on it. // and this was not sitting well with people. RUSTY HARDEN: What is that written across the top of your dress? ANNA: Spoiled. RUSTY: Pass the witness. After five-and-a-half long months, the jury in the Texas probate case decided to give Anna nothing. ERIC REDDING They all said because of her arrogant attitude that there was no way they were ever going to award her any money. 1:39:52 But Anna's legal battle wasn't over. A federal court had whittled down her California verdict of $450 million to about $90 million--still a hefty sum. But Pierce's lawyers convinced an appeals court that the whole matter belonged back in the Texas courts-again leaving Anna with nothing. Finally, in desperation, in 2005, Anna petitioned the U.S. Supreme Court.and to everyone's surprise, the justices agreed to hear her case. RUSTY HARDEN A charmed existence is probably a good way to describe it. // I mean, her being before the Supreme Court when she lost // before the Federal Court of Appeals, which we thought really would have killed the issue, um, is a fascinating development. ACT SIX 1:41:34 In August of 2002, it seemed like Anna Nicole Smith had faded from the public eye, when she got in bed with the E! Network, and began starring in a reality show about her daily life. FAIR USE: Anna Nicole Show clip She just kissed me all over! PEREZ HILTON It was freaks on wheels. It was must see television, because you thought you knew Anna Nicole before. We had no idea. 1:42:05 Viewers were shocked to see an Anna more outrageous and heavier than ever. GIULIANA DEPANDI I remember thinking at the time, // there is no way she is ever going to make a comeback. But millions tuned in for a look inside Anna's bizarre world. Whether she was holding eating contests, visiting strip clubs or arguing with her interior decorator, Bobby Trendy, she always had her lawyer, Howard K. Stern, and personal assistant Kimmy by her side. GIULIANA DEPANDI Kimmy would just look at her like she was God's gift to the earth. // She just worshipped Anna Nicole to the point where she got a tattoo of Anna Nicole on herself. // And that's very similar to the way // Howard Stern, her attorney, is. // She's got like her little cult following. PEREZ HILTON It got people talking about her again. It got her more work. It got her appearances. // She became busy again, for the first time in many, many years. Anna was back! The show garnered the highest ratings of any program on E!. 1:42:04 BOBBY TRENDY Anna has such a big following. They rerun her every day. Every day, I get comments on my Myspace -As to "Oh my God, is she really like that? Are you really like that?" After two seasons, the show finally ran out of steam and was cancelled. But Anna already had other plans. JOEY BARTOLOMEO Having seen herself on her own TV show, Anna realized how heavy she was, and decided she had to do something about her weight. NAT SOT: Y'know I just looked in the mirror and I'm like, God I am fat! ALEX GOEN Very quickly after the show, Howard K. Stern called the office and asked if he could get some Trim Spa for her. GIULIANA DEPANDI And then enter Trim Spa. // And some sort of voodoo maybe. A year after approaching Trim Spa, Anna had dropped at least 70 pounds. GIULIANA DEPANDI I don't know what happened, but suddenly here comes Anna Nicole Smith. She re-emerges with almost the same body as she used to have. BOBBY TRENDY I don't really know how she lost all that weight. It's a mystery to me, because she was like, 300 pounds, when she did the reality show. Then afterwards, she was like, a mere bone, at 120. And 20 of it were probably just boobs-- and nipples. 1:44:20 The incredible weight loss got Anna her next gig.as spokesmodel for Trimspa. TRIM SPA COMMERCIAL Anna, Anna how did you do it? Trimspa, baby! JOEY BARTOLOMEO When she re-emerged as a skinny person, once again people were interested in her. // She starred in commercials. She modeled in a Heatherette fashion show. NAT SOT: fashion show NAT SOT: Music/ Heatherette show PEREZ HILTON They are all about camp, and being cheeky, and Anna Nicole Smith is a camp icon. /// It was one of her big, first appearances with her new slim body, and she worked that runway. ALEX GOEN It was absolutely extraordinary. I think-- something like three fights broke bet-- between photographers trying to get that first picture. 1:45:07 From stripper to Playmate to grieving widow to cable queen, Anna Nicole Smith has always had an act. Now, the former pin-up had established herself as a pop culture icon. And once again, she was raising eyebrows everywhere.from MTV to the American Music Awards. PEREZ HILTON At the American Music Awards, Anna Nicole Smith came out to present an award and she was beyond loopy. NAT SOT: AMA Awards AMA AWARDS If I ever record an album, I want this guy to produce mine.make me beautiful duets! PEREZ HILTON C'mon a normal sober, sane person does not behave like that. It was a more subdued Anna Nicole Smith who appeared before the Supreme Court in 2006. In May, their unanimous decision gave her the right to press her claim again in federal court. GIULIANA DEPANDI I think that that decision // spoke volumes. // I mean, you got the highest court, you know, on your side pretty much. // I think she has a better shot this time around, getting that money. Just a month later the situation changed again when her stepson-and nemesis-E. Pierce Marshall unexpectedly died. SOT UP: Music over newspaper montage 1:46:24 But Marshall's death wasn't the only news story. In June 2006, Anna also announced that she was pregnant. The tabloids speculated that the father was former paparazzo Larry Birkhead. FAIR USE: Anna Nicole video FAIR USE: AnnaNicole.com video "Well, let me stop all the rumors. Yes, I am pregnant. I, uh, I'm happy." DAVE CAPLAN What's fascinating about Anna Nicole Smith is that she's a train wreck who's had her ups and downs. // And whenever she goes down, you know she is going to be reappearing in a comeback. DAVID GRANOFF You see her story-even if it's a repeat, you wanna see it again. You just wanna watch this girl. You wanna see her image. That's what makes her an icon. // There's nobody that is as interesting. There's nobody. GIULIANA DEPANDI I don't think we're quite done with Anna Nicole yet. Not yet. PROGRAM MASTER TIME CODE BRIEF VIDEO DESCRIPTION OF LOCATION LICENSER/ VENDOR NAME PROMOTIONAL RESTRICTIONS/ OTHER RESTRICTIONS OPTIONS/ FEES Time Code In TEASE 1 1:00:00 Still: ANS early modeling Eric Redding No Restrictions 2 1:00:00 Still: ANS Guess shot Guess, Inc. No Restrictions 3 1:00:01 Still: ANS on her back in Santa suit Eric Redding No Restrictions 4 1:00:02 Still: ANS pursing her lips Eric Redding No Restrictions 5 1:00:02 Interview with Perez Hilton ANP No Restrictions 6 1:00:03 Still: Polaroid shots of ANS Eric Redding No Restrictions 7 1:00:05 Still: ANS Guess photo Guess, Inc. No Restrictions 8 1:00:06 Interview with Giuliana DePandi ANP No Restrictions 9 1:00:07 Still: ANS Guess photo with guy Guess, Inc. No Restrictions 10 1:00:08 Still: ANS Eric Redding No Restrictions 11 1:00:09 Still: ANS in surf Eric Redding No Restrictions 12 1:00:10 Still: ANS laying on chair Guess, Inc. No Restrictions 13 1:00:10 Still: Guess Guess, Inc. No Restrictions 14 1:00:11 Still: ANS with straw in her mouth Guess, Inc. No Restrictions 15 1:00:12 Various still of ANS Guess, Inc. No Restrictions 16 1:00:12 Interview with Dave Caplan ANP No Restrictions 17 1:00:13 Still: ANS with hands in the air TRIMSPA No Restrictions 18 1:00:14 Still: ANS in pink dress Getty Images 52269164 No Print 19 1:00:15 Still: ANS in black dress looking drunk Globe 05947119 On air promo only 20 1:00:16 Still: ANS with Christian Audigier Christian Audigier No Restrictions 21 1:00:18 Still: ANS breasts with Getty Images stickers on them Getty Images 52270000 No Print 22 1:00:19 Still: ANS kissing girl Getty Images 53276570 No Print 23 1:00:21 Interview with Bobby Trendy ANP No Restrictions 24 1:00:25 Still: Heavy ANS in black dress Eric Redding No Restrictions 25 1:00:26 Still: Heavy ANS smiling with red lipstick Eric Redding No Restrictions 26 1:00:27 Interview with Eric Redding ANP No Restrictions 27 1:00:28 Still: ANS Houston PD mug shot Splash On air promo only 28 1:00:29 Still: Young ANS with blue eye makeup Eric Redding No Restrictions 29 1:00:31 Still: ANS Houston PD mug shot Splash On air promo only 30 1:00:32 Interview with Perez Hilton ANP No Restrictions 31 1:00:33 Still: ANS in red cowboy shirt and hat giving peace sign Corbis 325244 No Print 32 1:00:35 ANS dancing in Spectral Promo in bumpers only 33 1:00:36 ANS in car with her hands in the air Spectral Promo in bumpers only 34 1:00:38 Still: ANS growling at camera, bright red lipstick Globe 05947129 On air promo only 35 1:00:38 Still: ANS in black dress with short veil over her face Getty Images 2763507 No Print 36 1:00:39 Still: ANS posing in front of Lane Bryant sign Getty Images 202722 No Print 37 1:00:40 Interview with Perez Hilton ANP No Restrictions 38 1:00:41 Still: ANS in white dress, blue sky behind her Getty Images 51041654 No Print ACT ONE 1 1:01:00 Ext of Supreme Court building ABC No Restrictions 2 1:00:01 ANS waving her hands in white dress Getty Images 56961923 No Print 3 1:01:02 Still: ANS walking into court with Howard K. Stern Getty Images 56957708 No Print 4 1:01:05 Still: ANS being hounded by press Getty Images 56957669 No Print 5 1:01:07 Still: ANS being hounded by press with lawyer Getty Images 56955157 No Print 6 1:01:08 Still: ANS being hounded by press; hands up Getty Images 56955313 No Print 7 1:01:10 Still: ANS being hounded by press with lawyer Getty Images 56955151 No Print 9 1:01:14 Still: ANS in back of car Getty Images 56958009 No Print 10 1:01:16 GMA report with Robin Roberts ABC No Promo 11 1:01:21 ANS walking into court with lawyer KTRK No Restrictions 12 1:01:28 GMA report with Robin Roberts ABC No Restrictions 13 1:01:29 ANS walking into court with lawyer KTRK No Restrictions 14 1:01:32 ANS getting into car, reporters shouting questions KTRK No Restrictions 15 1:01:33 Still: ANS with J. Howard Marshall Eric Redding No Restrictions 16 1:01:39 Still: ANS walking into court with her lawyer Getty Images 56955294 No Print 17 1:01:41 Still: ANS walking into court with her lawyer Getty Images 56958682 No Print 18 1:01:42 Interview with Giuliana DePandi ANP No Restrictions 19 1:01:44 ANS in red dress posing for cameras ETS In Context promo 20 1:01:45 ANS kissing guy ETS In Context promo 21 1:01:45 ANS posing for cameras on red carpet ETS In Context promo 22 1:01:46 ANS ETS In Context promo 23 1:01:47 ANS ETS In Context promo 24 1:01:47 Interview with Giuliana DePandi ANP No Restrictions 25 1:01:47 Still: ANS laughing in black dress Getty Images 51312904 No Print 26 1:01:49 Still: ANS holding on to bars Photofest No Restrictions 27 1:01:50 Still: ANS as teen Eric Redding No Restrictions 28 1:01:52 Still: ANS school photo Melinda Hudson No Restrictions 29 1:01:53 Still: ANS's house growing up Eric Redding No Restrictions 30 1:01:54 Still: ANS in sunglasses and black dress Globe 07306962 On air promo only 31 1:01:56 Still: ANS making hissing face Globe 07306947 On air promo only 32 1:01:57 Still: ANS holding up hand showing off her ring Getty Images 664808 No Print 33 1:01:59 Still: ANS sitting next to J. Howard Marshall Corbis ZVF65867 No Print 34 1:02:01 Still: J. Howard Marshall in wheelchair Splash 071105B_07 On air promo only 35 1:02:04 Inside of strip club ABC No Restrictions 36 1:02:07 Still: B/W ANS Guess, Inc. No Restrictions 37 1:02:10 Interview with Eric Redding ANP No Restrictions 38 1:02:16 Interview with ANS 20/20/ABC No Restrictions 39 1:02:20 Still: ANS sitting next to J. Howard Marshall Corbis ZVF65867 No Print 40 1:02:22 Inside of strip club ABC No Restrictions 41 1:02:25 Interview with ANS 20/20/ABC No Restrictions 42 1:02:28 Inside of strip club ABC No Restrictions 43 1:02:32 Still: ANS in striped bathing suit Eric Redding No Restrictions 44 1:02:36 Interview with Eric Redding ANP No Restrictions 45 1:02:39 Still: Executive Suites ad with ANS Eric Redding No Restrictions 46 1:02:41 Interview with Eric Redding ANP No Restrictions 47 1:02:43 Still: B/W ANS covering her breasts Eric Redding No Restrictions 48 1:02:46 Still: ANS in Eric Redding No Restrictions 49 1:02:48 Interview with Joey Bartolomeo ANP No Restrictions 50 1:02:53 Interview with Melinda Hudson ANP No Restrictions 51 1:02:56 Various shots of jewelry ABC No Restrictions 52 1:02:59 Interview with Melinda Hudson ANP No Restrictions 53 1:03:02 Still: ANS in silver sparkle dress Eric Redding No Restrictions 54 1:03:05 Still: CU ANS, red nails on cheek Globe 06500185 On air promo only 55 1:03:08 Still: ANS pointing at diamond on her hand Globe 06500181 On air promo only 56 1:03:10 Interview with Eric Redding ANP No Restrictions 57 1:03:13 Interview with Perez Hilton ANP No Restrictions 58 1:03:20 Still: ANS in navy sparkle dress Globe 065000043 On air promo only 59 1:03:21 Still: ANS in 49'ers hat and JHM fishing Splash 071105A_01 On air promo only 60 1:03:23 Still: ANS kissing JHM Corbis ZVF78952 No Print 61 1:03:31 Interview with Eric Redding ANP No Restrictions 62 1:03:33 Still: JHM kissing ANS on cheek Eric Redding No Restrictions 63 1:03:39 Interview with Eric Redding ANP No Restrictions 64 1:03:42 Inside of strip club ABC No Restrictions 65 1:03:44 Still: B/W ANS covering her breasts Eric Redding No Restrictions 66 1:03:47 Still: BW ANS Eric Redding No Restrictions 67 1:03:50 Photo shoot Eric Redding No Restrictions 68 1:03:52 Photo shoot Eric Redding No Restrictions 69 1:03:54 Inside of strip club ABC No Restrictions 70 1:03:58 Still: ANS test shoot Eric Redding No Restrictions 71 1:04:00 Interview with Eric Redding ANP No Restrictions 72 1:04:03 Still: ANS with dancers Eric Redding No Restrictions 73 1:04:04 Still: ANS in red dress Eric Redding No Restrictions 74 1:04:06 Still: ANS test shoot Eric Redding No Restrictions 75 1:04:07 Still: ANS test shoot Eric Redding No Restrictions 76 1:04:09 Still: Nude Polaroid test photos Eric Redding No Restrictions 77 1:04:13 Still: ANS in provocative Santa suit Eric Redding No Restrictions 78 1:04:17 Still: ANS in provocative Santa suit, laying on her back Eric Redding No Restrictions 79 1:04:19 Interview with Joey Bartolomeo ANP No Restrictions 80 1:04:21 Still: ANS in provocative Santa suit Eric Redding No Restrictions 81 1:04:22 Still: ANS in provocative Santa suit Eric Redding No Restrictions 82 1:04:25 Interview with Joey Bartolomeo ANP No Restrictions 83 1:04:28 Interview with Perez Hilton ANP No Restrictions 84 1:04:32 Still: ANS test shots, white jumpsuit Eric Redding No Restrictions 85 1:04:34 Still: ANS test shoot Eric Redding No Restrictions 86 1:04:35 Interview with Perez Hilton ANP No Restrictions 87 1:04:36 Still: ANS with glasses posing with book sitting in a chair Eric Redding No Restrictions 88 1:04:37 March 1992 Playboy magazine cover Eric Redding No Restrictions 89 1:04:43 Still: Various ANS in provocative Santa suit Eric Redding No Restrictions 90 1:04:45 Still: ANS in white dress in front of convertible Getty Images 510416654 No Print 91 1:04:46 ANS in dress with cast on her hand ETS In Context promo 92 1:04:48 Various Playboy magazine covers ***N/A No Promo 93 1:04:52 Interview with David Caplan ANP No Restrictions 94 1:04:53 Still: Paul Marciano Guess Inc No Restrictions 95 1:04:55 Still: ANS Eric Redding No Restrictions 96 1:04:57 Still: ANS with hair covering her face and lips puckered Eric Redding No Restrictions 97 1:04:58 Interview with David Caplan ANP No Restrictions 98 1:05:00 Still: Anna and Paul Marciano Guess Inc. No Restrictions 99 1:05:02 Still: ANS Guess Guess Inc. No Restrictions 1 1:05:03 Still: ANS in white open blouse with her hands off to the side Corbis AAFK001869 No Print 2 1:05:06 Interview with David Caplan ANP No Restrictions 3 1:05:07 Still: ANS wearing big diamond earring with her head back Guess Inc No Restrictions 4 1:05:09 Still: ANS laying on stomach in white outfit Guess Inc No Restrictions 5 1:05:10 Still: ANS with guy wearing sombrero Guess Inc No Restrictions 6 1:05:12 Still: ANS with guy wearing sombrero Guess Inc No Restrictions 7 1:05:14 Still: ANS leaning back in water Guess, Inc. No Restrictions 8 1:05:17 Still: ANS with towel covering her Guess Inc No Restrictions 9 1:05:20 Still: B/W Anna Guess Inc No Restrictions 10 1:05:21 Still: Anna in white shirt and pearl necklace Guess Inc No Restrictions 11 1:05:25 Still: ANS sitting at table with men Guess Inc No Restrictions 12 1:05:27 Interview with Giuliana DePandi ANP No Restrictions 13 1:05:29 Still: ANS draped in diamonds with finger in her mouth Guess Inc No Restrictions 14 1:05:33 Still: ANS in low cut white dress Guess Inc No Restrictions 15 1:05:37 Still: ANS in black lingerie Guess Inc No Restrictions 16 1:05:39 Still: ANS with finger in her mouth Guess Inc No Restrictions 17 1:05:40 Interview with Joey Bartolomeo ANP No Restrictions 18 1:05:43 Still: Guess ad, hay in her mouth Guess Inc No Restrictions 19 1:05:45 Still: ANS on fence Guess Inc No Restrictions 20 1:05:48 Still: ANS in white shirt and jean shorts Globe 05947130 On air promo only 21 1:05:50 Still: ANS and Christian Audigier Christian Audigier No Restrictions 22 1:05:51 Still: ANS in pink dress with hands in the air Getty Images 51042155 No Print 23 1:05:52 Still: ANS with CA holding bottle of champagne Christian Audigier No Restrictions 24 1:05:53 Still: ANS and Christian Audigier Christian Audigier No Restrictions 25 1:05:54 Still: ANS making shh face Globe 05947118 On air promo only 26 1:05:55 Still: ANS at table with groups of people Christian Audigier No Restrictions 27 1:05:56 Still: ANS in black dress blowing kisses Globe 07744855 On air promo only 1:05:56 Still: ANS getting kiss on cheek by guy Globe 05947118 On air promo only 28 1:05:56 Still: ANS with Betsy Johnson Corbis 581823 No Print 29 1:05:56 Still: ANS in black dress with back arched Globe 0597120 No Restrictions 30 1:05:56 Still: ANS have in blue dress Globe 06521425 On air promo only 31 1:05:56 Still: ANS in sunglasses making face Globe 07084952 On air promo only 32 1:05:56 Still: ANS smiling with bright lipstick Photofest No Restrictions 33 1:05:57 Heavy Anna walking in blue dress "wait, wait I'm not fat" ETS In Context promo 34 1:06:04 Interview with Eric Redding ANP No Restrictions 35 1:06:11 Still: ANS heavy in dress, signing autograph Photofest No Restrictions 36 1:06:12 Still: ANS heavy in white dress with white scarf around her neck Globe 07005517 On air promo only 37 1:06:14 Interview with Giuliana DePandi ANP No Restrictions 38 1:06:15 Still: ANS b/w Guess Guess, Inc. No Restrictions 39 1:06:16 Still: ANS laying on chair in white outfit Guess, Inc. No Restrictions 40 1:06:18 Still: ANS with diamonds Guess, Inc. No Restrictions 41 1:06:19 Interview with Giuliana DePandi ANP No Restrictions 42 1:06:21 Still: ANS in movie To the Limit Photofest No Restrictions 43 1:06:22 Still: ANS in Hudsucker Proxy Photofest No Restrictions 44 1:06:23 Interview with Giuliana DePandi ANP No Restrictions 45 1:06:24 Interview with David Caplan ANP No Restrictions 46 1:06:25 ANS walking in velvet green sheer dress Spectral Promo in bumpers only 47 1:06:26 Interview with David Caplan ANP No Restrictions 48 1:06:28 ANS in blue crushed velvet dress waving to crowd ETS In Context promo 49 1:06:32 Interview with David Caplan ANP No Restrictions 50 1:06:33 Newspaper headlines ***N/A No Promo 51 1:06:34 Still: ANS in pink dress with hands in the air Corbis 590903 No Print 52 1:06:36 Still: ANS kissing woman Getty Images 53276570 No Print 53 1:06:38 Still: ANS Eric Redding No Restrictions 54 1:06:40 Still: ANS breasts, black and white lace dress Photofest No Restrictions 55 1:06:43 Interview with Joey Bartolomeo ANP No Restrictions 56 1:06:46 JHM in wheelchair Splash 071105B_07 On air promo only 57 1:06:48 Interview with Joey Bartolomeo ANP No Restrictions 58 1:06:51 ANS: "I hope your watching" showing off engagement ring Splash On air promo only 59 1:06:57 Still: ANS and JHM on wedding day Splash 071105A_11 On air promo only 60 1:07:02 Still: ANS kissing JHM Corbis ZVF78952 No Print 61 1:07:05 Still: ANS, bow in hair, and JHM smiling Corbis ZVF65867 No Print 62 1:07:09 Interview with David Caplan ANP No Restrictions 63 1:07:16 Still: JHM in wheelchair/ANS showing off ring Splash/Getty Images 664808 On air promo only 64 1:07:20 Interview with David Caplan ANP No Restrictions 65 1:07:23 Interview with Perez Hilton ANP No Restrictions 66 1:07:27 Still: ANS in wedding dress Splash 071105A_19 On air promo only 67 1:07:31 Interview with Perez Hilton ANP No Restrictions 68 1:07:37 Still: JHM squeezing ANS's cheek Eric Redding No Restrictions 69 1:07:40 Interview with ANS 20/20/ABC No Restrictions 70 1:07:58 ANS being hounded by photos in court hallway ETS In Context promo 71 1:08:02 Still: ANS scrunching her nose Globe 05947129 On air promo only 72 1:08:03 Clip from Politically Incorrect Fair Use No Promos 73 1:08:10 Still: E. Pierce Marsh on witness stand Corbis 309817-003 No Print 74 1:08:15 Still: JHM in wheelchair smiling Splash 071105A_06 On air promo only 75 1:08:17 Still: ANS kissing JHM Corbis ZVF78952 No Print 76 1:08:19 ANS on witness stand KTRK No Restrictions 77 1:08:21 E. Pierce Marshal in courtroom KTRK No Restrictions 78 1:08:23 Interview with Joey Bartolomeo ANP No Restrictions 79 1:08:32 Interview with David Caplan ANP No Restrictions 80 1:08:34 Still: ANS and son at JHM's memorial service Corbis AAFZ0016141 No Print 81 1:08:36 Still: JHM's casket and photo of he and Anna Corbis AAFZ0016138 No Print 82 1:08:38 Interview with David Caplan ANP No Restrictions 83 1:08:41 Still: ANS and JHM photo from his memorial service Corbis AAFZ0016138 No Print 84 1:08:43 Still: ANS in wedding dress at podium during memorial service Corbis 309680-001 No Print 85 1:08:46 Still: ANS weeping in wedding dress at memorial Corbis 309680-002 No Print 86 1:08:48 Interview with David Caplan ANP No Restrictions 87 1:08:51 Still: ANS at memorial service holding her sons hand Corbis AAFZ0016141 No Print 88 1:08:56 Still: JHM in wheelchair Splash 071105A_06 On air promo only 89 1:08:58 Still: JHM in wheelchair Splash 071105A_05 On air promo only 90 1:09:01 Interview with ANS 20/20/ABC No Restrictions 91 1:09:12 Interview with Joey Bartolomeo ANP No Restrictions 92 1:09:21 Lawsuit headlines ***N/A No Promos 93 1:09:29 ANS arriving at court with big curly hair KTRK No Restrictions 94 1:09:32 CU of spoiled written on ANS's shirt KTRK No Restrictions 95 1:09:35 Still: skinny ANS arrives court Getty Images 56955313 No Print 96 1:09:39 Anna in black and gold dress waving to crowd Spectral Promo in bumpers only 97 1:09:41 ANS on witness stand KTRK No Restrictions 98 1:09:43 E. Pierce Marshall in court KTRK No Restrictions 99 1:09:45 Interview with David Caplan ANP No Restrictions 1 1:09:46 Interview with Perez Hilton ANP No Restrictions 2 1:09:49 ANS on witness stand KTRK No Restrictions 3 1:09:50 ANS shouting on witness stand KTRK No Restrictions 4 1:09:51 ANS crying on witness stand KTRK No Restrictions 5 1:09:52 Interview with Perez Hilton ANP No Restrictions 6 1:09:55 ANS crying on witness stand KTRK No Restrictions 7 1:09:57 Interview with Perez Hilton ANP No Restrictions 8 1:10:02 Still: ANS with her hands on side of her face Globe 05947123 On air promo only ACT TWO 1 1:11:05 ANS in white dress Spectral Promo in bumpers only 2 1:11:06 Still: Guess ad Guess Inc. No Print 3 1:11:08 Still: JHM squeezing ANS's cheek Eric Redding No Print 4 1:11:10 ANS angry in witness stand KTRK No Print 5 1:11:11 ANS pointing finger on witness stand KTRK No Print 6 1:11:12 ANS walking into court KTRK No Print 7 1:11:13 Still: ANS heavy with blond curls Globe 069944239 On air promo only 8 1:11:15 Still: ANS in sparkly sunglasses Getty Images 51620670 No Print 10 1:11:18 Still: ANS walking with son Getty Images 51068926 No Print 11 1:11:19 Interview with Perez Hilton ANP No Restrictions 12 1:11:20 Still: ANS early test shot Eric Redding No Restrictions 13 1:11:22 Interview with Perez Hilton ANP No Restrictions 14 1:11:24 Still: ANS early test shot in blue sequence top Eric Redding No Restrictions 15 1:11:25 Interview with Perez Hilton ANP No Restrictions 16 1:11:26 ANS in red sequence dress waving her hands in the air ETS In Context promo 17 1:11:28 ANS in blue dress with her hands in her hair ETS In Context promo 18 1:11:31 Interview with Perez Hilton ANP No Restrictions 19 1:11:32 Still: ANS with red nails on side of face Getty Images 644808 No Print 20 1:11:34 Interview with Perez Hilton ANP No Restrictions 21 1:11:35 Still: ANS ring Getty Images 664808 No Print 22 1:11:36 Still: ANS diamonds Globe 06911236 On air promo only 23 1:11:37 Still: ANS flashing ring with Tony Curtis Getty Images 50733238 No Print 24 1:11:40 Still: ANS in blue sparkled dress Getty Images 50734590 No Print 25 1:11:42 Interview with Perez Hilton ANP No Restrictions 26 1:11:44 Still: ANS flashing ring Getty Images 664808 No Print 27 1:11:47 Still: ANS with guy n Guess ad Guess, Inc. No Restrictions 28 1:11:50 Still: ANS as little girl with short hair Melinda Hudson No Restrictions 29 1:11:52 Still: Young ANS leaning on her arms in front of b-day cake Melinda Hudson No Restrictions 30 1:11:56 Still: ANS school photo Melinda Hudson No Restrictions 31 1:11:58 Still: Family photo outside of home Melinda Hudson No Restrictions 32 1:12:01 Interview with David Caplan ANP No Restrictions 33 1:12:04 Still: Anna in front door of house Eric Redding No Restrictions 34 1:12:07 Still: ANS in white shirt and bangs Melinda Hudson No Restrictions 35 1:12:10 Still: Young ANS laying on bed making face Melinda Hudson No Restrictions 36 1:12:13 Interview with Giuliana DePandi ANP No Restrictions 37 1:12:14 Still: ANS in red shirt and feathered hair Melinda Hudson No Restrictions 38 1:12:17 Interview with Giuliana DePandi ANP No Restrictions 39 1:12:23 Still: Punk rock ANS Melinda Hudson No Restrictions 40 1:12:27 Still: ANS's mom on cop uniform Eric Redding No Restrictions 41 1:12:30 Still: ANS high school yearbook photo Eric Redding No Restrictions 42 1:12:33 Mexia town sign ABC No Restrictions 43 1:12:34 Streets of Mexia ABC No Restrictions 44 1:12:35 Kids walking around ABC No Restrictions 45 1:12:37 Interview with Melinda Hudson ANP No Restrictions 46 1:12:40 Still: Young ANS laying on bed making face Melinda Hudson No Restrictions 47 1:12:44 Still: ANS home Eric Redding No Restrictions 48 1:12:46 Streets of Mexia ABC No Restrictions 49 1:12:49 Interview with Melinda Hudson ANP No Restrictions 50 1:12:50 Still: Anna in front door of house Eric Redding No Restrictions 51 1:12:51 Still: ANS with big hair and white dress Splash 010802_11 On air promo only 52 1:12:53 Main street sign ABC No Restrictions 53 1:12:56 Still: Marilyn Monroe Photofest No Restrictions 54 1:12:58 Still: Marilyn Monroe, Seven year Itch Photofest No Restrictions 55 1:13:00 Interview with Melinda Hudson ANP No Restrictions 56 1:13:02 Still: Punk rock ANS Melinda Hudson No Restrictions 57 1:13:03 Interview with Melinda Hudson ANP No Restrictions 58 1:13:08 Still: ANS high school yearbook photo Eric Redding No Restrictions 59 1:13:09 Still: skinny ANS in black dress Getty Images 51048559 No Print 60 1:13:11 Streets of Mexia ABC No Restrictions 61 1:13:17 Ext. of Jim's Krispy Fried Chicken ABC No Restrictions 62 1:13:20 Still: Billy Wayne Smith ABC No Restrictions 63 1:13:23 Interview with Joey Bartolomeo ANP No Promo 64 1:13:28 Still: ANS and BWS wedding photo Splash On air promo only 65 1:13:30 Still: ANS eating cake Splash 071105A_17 On air promo only 66 1:13:33 Interview with Melinda Hudson ANP No Promo 67 1:13:36 Still: Family photo with baby Eric Redding No Promo 68 1:13:40 Still: Billy Wayne Smith Getty Images 51042055 No Print 69 1:13:43 Interview with Melinda Hudson ANP No Promo 70 1:13:47 Still: BWS holding plaid shirt Splash 010802_16 On air promo only 71 1:13:50 Still: Daniel in striped shirt and ANS in white dress Splash 010802_18 On air promo only 72 1:13:55 Interview with David Caplan ANP No Promo 73 1:13:58 Still: ANS in white dress Splash 010802_15 On air promo only 74 1:14:00 Still: ANS with blue eyeliner and feathered hair Eric Redding No Restrictions 75 1:14:01 POV in car ABC No Promo 76 1:14:08 Hotel sign ABC No Promo 77 1:14:10 Flashing lights ABC No Restrictions 78 1:14:12 Exotic dancer neon sign ABC No Restrictions 79 1:14:15 Interview with ANS 20/20/ABC No Restrictions 80 1:14:35 Still: ANS black and white covering her breasts Eric Redding No Restrictions 81 1:14:36 Interview with ANS 20/20/ABC No Restrictions 82 1:14:37 Inside of strip club ABC No Restrictions 83 1:14:38 Still: Executive Suites ad Eric Redding No Restrictions 84 1:14:39 Inside of strip club ABC No Restrictions 85 1:14:45 Interview with ANS 20/20/ABC No Restrictions 86 1:14:52 Inside of strip club ABC No Restrictions 87 1:14:56 Interview with ANS 20/20/ABC No Restrictions 88 1:15:02 Still: ANS b/w Eric Redding No Restrictions 89 1:15:06 Inside of strip club ABC No Restrictions 90 1:15:14 Interview with Joey Bartolomeo ANP No Restrictions 91 1:15:20 Still: ANS smirking with red background Eric Redding No Restrictions 92 1:15:24 Strippers dancing on pole ABC No Restrictions 93 1:15:25 Interview with Giuliana DePandi ANP No Restrictions 94 1:15:27 Flashes of photos Eric Redding No Restrictions 95 1:15:32 Still: ANS in Santa suit on her back Eric Redding No Restrictions 96 1:15:33 Interview with Eric Redding ANP No Restrictions 97 1:15:34 Still: ANS in Santa suit Eric Redding No Restrictions 98 1:15:35 Flashes of ANS early photos Eric Redding Eric Redding 99 1:15:45 Still: ANS Eric Redding No Restrictions 1 1:15:47 Strip club ABC No Restrictions 2 1:15:49 Strip club/strobe lights ABC No Restrictions 3 1:15:55 Interview with Perez Hilton ANP No Restrictions 4 1:15:56 Still: Executive Suites ad with ANS Eric Redding No Restrictions 5 1:16:04 Interview with Eric Redding ANP No Restrictions 6 1:16:05 Still: ANS cute look Eric Redding No Restrictions 7 1:16:06 Strip club/strobe lights/dancers ABC No Restrictions 8 1:16:14 Still: JHM in wheelchair Splash On air promo only 9 1:16:18 Interview with Eric Redding ANP No Restrictions 10 1:16:21 Still: ANS in 49'ers hat and JHM fishing Splash 071105A_01 On air promo only 11 1:16:27 Interview with Eric Redding ANP No Restrictions 12 1:16:29 JHM in wheelchair and ANS Splash/Eric Redding On air promo only 13 1:16:33 Still: Young JHM Houston Public Library No Restrictions 14 1:16:38 Still: JHM at desk in chair wearing glasses Getty Images 772626 No Print 15 1:16:39 Still: ANS Houston PD mug shot Splash Splash On air promo only 16 1:16:42 Strip club dancers, stilettos ABC No Restrictions 17 1:16:51 Interview with Eric Redding ANP No Restrictions 18 1:16:54 Interview with Joey Bartolomeo ANP No Restrictions 19 1:17:07 Still: ANS nude Eric Redding No Restrictions 20 1:17:08 Still: JHM in wheelchair Splash 071105B_06 On air promo only 21 1:17:12 Still: JHM in wheelchair Splash 071105B_04 On air promo only 22 1:17:18 Interview with Joey Bartolomeo ANP No Restrictions 23 1:17:22 Interview with Betty Morgan ABC/Primetime No Restrictions 24 1:17:31 Still: ANS, bow in hair, and JHM smiling Corbis ZVF65867 No Print 25 1:17:34 Strip club dancers, money ABC No Restrictions 26 1:17:39 Interview with Eric Redding ANP No Restrictions 27 1:17:43 Still: ANS, bow in hair kissing JHM Corbis ZVF78952 No Print 28 1:17:46 Interview with Eric Redding ANP No Restrictions 29 1:17:52 Still: JHM kissing ANS on cheek Eric Redding No Restrictions 30 1:17:56 Interview with Eric Redding ANP No Restrictions 31 1:18:02 Still: ANS, bow in hair, and JHM smiling Corbis ZVF65867 No Print 32 1:18:10 Interview with ANS 20/20/ABC No Restrictions 33 1:18:17 Still: ANS in white dress, blue sky behind her Getty Images ZVF65867 No Print ACT THREE 1 1:19:20 Still: ANS in black dress, young Eric Redding No Restrictions 2 1:19:22 Still: Young ANS Eric Redding No Restrictions 3 1:19:24 Strobe lights, stripper ABC No Restrictions 4 1:19:31 Photo shoot ABC No Restrictions 5 1:19:36 Still: ANS test shot Eric Redding No Restrictions 6 1:19:39 Interview with Eric Redding ANP No Restrictions 7 1:19:40 Still: ANS Houston PD mug shot Splash On air promo only 8 1:19:45 Still: ANS blue eye makeup Eric Redding No Restrictions 9 1:19:44 Interview with Eric Redding ANP No Restrictions 10 1:19:51 Still: ANS Houston PD mug shot Splash On air promo only 11 1:19:55 Still: ANS test shot Eric Redding No Restrictions 12 1:19:57 Still: ANS test shot Eric Redding No Restrictions 13 1:19:59 Still: ANS naked test shot Eric Redding No Restrictions 14 1:20:02 Interview with Perez Hilton ANP No Restrictions 15 1:20:04 Still: ANS naked test shot Eric Redding No Restrictions 16 1:20:05 Still: ANS naked test shot Eric Redding No Restrictions 17 1:20:07 Interview with Eric Redding ANP No Restrictions 18 1:20:11 Still: ANS topless, playboy bunny Eric Redding No Restrictions 19 1:20:12 Still: ANS outside Eric Redding No Restrictions 20 1:20:13 Still: ANS test shot Eric Redding No Restrictions 21 1:20:14 Still: ANS naked test shot Eric Redding No Restrictions 22 1:20:15 Still: ANS naked test shot Eric Redding No Restrictions 23 1:20:16 Still: ANS naked test shot Eric Redding No Restrictions 24 1:20:18 Still: ANS naked test shot Eric Redding No Restrictions 25 1:20:22 Ext. of Playboy mansion ABC No Restrictions 26 1:20:23 Playmates walking down stairs ABC No Restrictions 27 1:20:24 Still: Various ANS in Santa suits Eric Redding No Restrictions 28 1:20:27 Interview with Eric Redding ANP No Restrictions 29 1:20:31 Interview with Dave Caplan ANP No Restrictions 30 1:20:34 Still: ANS in black glitter dress Eric Redding No Restrictions 31 1:20:36 Playboy magazine cover Fair use No Promo 32 1:20:40 Interview with Dave Caplan ANP No Restrictions 33 1:20:42 Still: Various ANS in Santa suits Eric Redding No Restrictions 34 1:20:43 Interview with Joey Bartolomeo ANP No Restrictions 35 1:20:46 Still: ANS reading book in red lingerie Eric Redding No Restrictions 36 1:20:48 Interview with Eric Redding ANP No Restrictions 37 1:20:53 Still: ANS posing next to Playboy magazine Eric Redding No Restrictions 38 1:20:58 Still: various ANS in white dress Getty Images 51041653 No Print 39 1:21:00 March 1992 Playboy magazine cover Fair use No Promo 40 1:21:02 Still: ANS in sparkle dress Globe On air promo only 41 1:21:06 Interview with Joey Bartolomeo ANP No Restrictions 42 1:21:11 June 1993 Playboy magazine cover Fair Use No Promo 43 1:21:14 Still: ANS holding Playmate of the Year issue Globe On air promo only 44 1:21:14 Interview with Melinda Hudson ANP No Restrictions 45 1:21:24 Playboy calendar Eric Redding No Restrictions 46 1:21:27 Still: Executive Suites ad Eric Redding No Restrictions 47 1:21:29 Still: ANS holding magazine Globe On air promo only 48 1:21:32 ANS in beige colored low cut dress ETS In Context promo 49 1:21:36 Still: Paul Marciano Guess, Inc. No Restrictions 50 1:21:39 Interview with Perez Hilton ANP No Restrictions 51 1:21:46 Still: Claudia Schiffer Guess ad Guess, Inc. No Restrictions 52 1:21:48 Still: Eva Herzigova Guess as Guess, Inc. No Restrictions 53 1:21:50 Still: Claudia Schiffer Guess ad Guess, Inc. No Restrictions 54 1:21:54 Still: Eva Herzigova Guess as Guess, Inc. No Restrictions 55 1:21:57 Interview with Monique Pillard ANP No Restrictions 56 1:22:00 Still: Eva Herzigova Guess as Guess, Inc. No Restrictions 57 1:22:03 Interview with Monique Pillard ANP No Restrictions 58 1:22:05 Still: Paul Marciano Guess, Inc. No Restrictions 59 1:22:07 Interview with Monique Pillard ANP No Restrictions 60 1:22:08 Still: Various ads with ANS Guess, Inc. No Restrictions 61 1:22:10 Still: ANS and Paul Marciano Guess, Inc. No Restrictions 62 1:22:14 Still: ANS ad Guess, Inc. No Restrictions 63 1:22:18 Interview with ANS 20/20/ABC No Restrictions 64 1:22:28 Still: ANS Guess ads Guess, Inc. No Restrictions 65 1:22:32 Still: ANS getting make up touch up Corbis No Print 66 1:22:34 Still: ANS cowgirl Corbis No Print 67 1:22:36 Still: ANS in white shirt and pearls Corbis No Print 68 1:22:38 Still: ANS in white shirt and pearls, hands out to the side Corbis No Print 69 1:22:40 Interview with Eric Redding ANP No Restrictions 70 1:22:45 Still: ANS at table of men Guess, Inc. No Restrictions 71 1:22:47 Still: ANS with hands in the air Guess, Inc. No Restrictions 72 1:22:49 Interview with Eric Redding ANP No Restrictions 73 1:22:52 ANS in beige dress kissing Pauly Shore ETS In Context promo 74 1:22:54 Still: ANS laying on chair Guess, Inc. No Restrictions 75 1:22:57 Still: ANS leaning back in water Guess, Inc. No Restrictions 76 1:22:59 Still: ANS looking as guy going in for a kiss on her cheek Guess, Inc. No Restrictions 77 1:23:00 Still: Guess ad Guess, Inc. No Restrictions 78 1:23:03 Interview with Monique Pillard ANP No Restrictions 79 1:23:07 Still: ANS Guess, Inc. No Restrictions 80 1:23:08 Still: ANS in sparkle dress Guess, Inc. No Restrictions 81 1:23:11 Interview with Monique Pillard ANP No Restrictions 82 1:23:13 Still: Guess ad Guess, Inc. No Restrictions 83 1:23:16 Interview with Monique Pillard ANP Guess, Inc. No Restrictions 84 1:23:17 Still: ANS puckering for the camera Globe 06500056 On air promo only 85 1:23:18 Still: ANS blowing kisses Globe 06500171 On air promo only 86 1:23:20 Still: ANS red lipstick Globe 06500037 On air promo only 87 1:23:22 Still: ANS at book signing Globe 06510575 On air promo only 88 1:23:23 ANS on red carpet ETS In Context promo 89 1:23:26 Interview with Melinda Hudson ANP No Restrictions 90 1:23:28 Still: ANS with Kareem Abdul Jabar Corbis AAFK001867 No Print 91 1:23:30 Still: ANS in red dress Globe 06500032 On air promo only 92 1:23:33 Interview with David Granoff ANP No Restrictions 93 1:23:35 ANS in Singapore BBC No Promos 94 1:23:38 Fans BBC No Promos 95 1:23:41 Interview with David Granoff ANP No Restrictions 96 1:23:45 Interview with Melinda Hudson ANP No Restrictions 97 1:23:52 Still: ANS making frustrated face with arms out to side Getty Images 1145141 No Print 98 1:23:54 Still: Wacky Anna Globe 05947119 On air promo only 99 1:23:56 Still: Anna making face Globe 06510575 On air promo only 1 1:23:58 Still: ANS and Christian Audigier drinking champagne Christian Audigier No Restrictions 2 1:24:03 Still: Anna Christian Audigier No Restrictions 3 1:24:05 Still: ANS and Christian Audigier Christian Audigier No Restrictions 4 1:24:06 Interview with Eric Redding ANP No Restrictions 5 1:24:07 Still: ANS and Christian Audigier Christian Audigier No Restrictions 6 1:24:10 ANS in red carpet dancing Spectral Promo in bumpers only 7 1:24:13 Still: ANS grabbing guys face Getty Images 1145139 No Print 8 1:24:15 Interview with Joey Bartolomeo ANP No Restrictions 9 1:24:16 Still: ANS kissing girl Getty Images 53276570 No Print 10 1:24:17 Still: ANS and Christian with flowers Christian Audigier No Restrictions 11 1:24:18 Still: ANS making shh face Globe 05947118 On air promo only 12 1:24:19 Still: ANS and CA Christian Audigier No Restrictions 13 1:24:19 Still: ANS arching her back Globe 0597120 No Restrictions 14 1:24:20 Still: ANS making face in white dress Globe 07005514 On air promo only 15 1:24:21 Still: ANS with Betsy Johnson Corbis 581823 No Print 16 1:24:21 Interview with Eric Redding ANP No Restrictions 17 1:24:23 Still: ANS kissing Christian Christian Audigier No Restrictions 18 1:24:25 Still: ANS dancing Getty Images 51042155 No Print 19 1:24:26 Still: ANS and Eric Redding Eric Redding No Restrictions 20 1:24:30 Still: ANS in white dress Eric Redding No Restrictions 21 1:24:34 Interview with Eric Redding ANP No Restrictions 22 1:24:37 Still: ANS in black gloves covering breasts Eric Redding No Restrictions 23 1:24:39 Still: covered breasts Getty 780351 No Print 24 1:24:40 Interview with Eric Redding ANP No Restrictions 25 1:24:41 Interview with Joey Bartolomeo ANP No Restrictions 26 1:24:47 Still: ANS with Betsy Johnson Corbis 581823 No Print 27 1:24:48 Still: ANS grabbing guys face Getty Images 1145139 No Print ACT FOUR 1 1:25:51 Still: ANS striped shirt Getty Images 51041654 No Print 2 1:25:52 Still: ANS Guess as Getty Images 51041653 No Print 3 1:25:53 Still: ANS Santa suit Eric Redding No Restrictions 4 1:25:55 Still: ANS in white dress and car Getty Images 51041655 No Print 5 1:25:58 Still: ANS in Hudsucker Proxy Photofest No Restrictions 6 1:26:02 Still: Paul Newman and Tim Robbins Photofest No Restrictions 7 1:26:04 Still: Tim Robbins Photofest No Restrictions 8 1:26:05 Clip from The Hudsucker Proxy Fair Use No Promo 9 1:26:13 Still: Leslie Nielsen and ANS Photofest No Restrictions 10 1:26:16 Still: ANS Photofest No Restrictions 11 1:26:19 Clip from The Naked Gun Fair Use No Promo 12 1:26:28 Interview with Joey Bartolomeo ANP No Restrictions 13 1:26:33 Still: ANS in To the Limit Photofest No Restrictions 14 1:26:36 Still: ANS in To the Limit Photofest No Restrictions 15 1:26:39 Clip from Skyscraper Fair Use No Promo 16 1:26:57 Interview with Perez Hilton ANP No Restrictions 17 1:27:00 Interview with Joey Bartolomeo ANP No Restrictions 18 1:27:06 Still: ANS with gun Photofest No Restrictions 19 1:27:08 Still: ANS red lipstick Globe 06500169 On air promo only 20 1:27:10 Still: ANS looking frustrated Getty Images 1145141 No Print 21 1:27:11 Still: ANS with guy Getty Images 1145139 No Print 22 1:27:12 Headlines ***N/A No Promos 23 1:27:20 ANS walking ABC No Restrictions 24 1:27:23 Still: Maria Cerratta Eric Redding No Restrictions 25 1:27:27 Interview with Eric Redding ANP No Restrictions 26 1:27:30 Still: ANS laying Christian Audigier No Restrictions 27 1:27:31 Still: ANS making shh face Globe 05947118 On air promo only 28 1:27:32 Still: ANS kissing girl Getty Images 53276570 No Print 29 1:27:33 Interview with Eric Redding ANP No Restrictions 30 1:27:38 Press hounding ANS ETS In Context promo 31 1:27:41 Still: ANS is red dress against wall Getty Images 850297 No Print 32 1:27:43 Still: ANS in black dress with back arched Globe 0597120 On air promo only 33 1:27:46 Still: ANS making face in black dress Globe 0597119 On air promo only 34 1:27:48 Still: ANS and Christian Audigier Getty 850297 No Print 35 1:27:49 Still: ANS Guess Guess, Inc. No Restrictions 36 1:27:54 Interview with Perez Hilton ANP No Restrictions 37 1:27:55 Still: various ANS Guess ads Guess, Inc. No Restrictions 38 1:27:58 Interview with Perez Hilton ANP No Restrictions 39 1:28:02 Star magazine headline ***N/A No Promo 40 1:28:03 People magazine headline ***N/A No Promo 41 1:28:08 Still: ANS in low cut blue dress Globe 06500041 On air promo only 42 1:28:10 Still: ANS at microphone Getty Images 51042154 No Print 43 1:28:11 Still: ANS in red dress looking sad Getty Images 52198914 No Print 44 1:28:15 Streets of Mexia ABC No Restrictions 45 1:28:17 Texas and American flags waving ABC No Restrictions 46 1:28:18 Still: JHM in wheelchair Splash 071105B On air promo only 47 1:28:23 Still: ANS, bow in hair, and JHM smiling Corbis ZVF65867 No Print 48 1:28:26 Interview with Elaine Tabers Primetime/ABC No Restrictions 49 1:28:30 Interview with ANS 20/20/ABC No Restrictions 50 1:28:41 Still: ANS and JHM Eric Redding No Restrictions 51 1:28:46 Still: ANS showing off ring Getty Images 50719314 No Print 52 1:28:51 Still: ANS and JHM wedding Splash 071105B_07 On air promo only 53 1:28:57 Interview with ANS 20/20/ABC No Restrictions 54 1:28:59 Still: JHM wedding crying Splash 071105A_04 On air promo only 55 1:29:06 Interview with ANS 20/20/ABC No Restrictions 56 1:29:22 Still: ANS and JHM wedding Splash 071105A_19 On air promo only 57 1:29:26 Still: ANS and JHM smiling on wedding day Splash 071105A_11 On air promo only 58 1:29:29 Still: JHM on wedding day in wheelchair Splash 071105A_02 On air promo only 59 1:29:32 Still: ANS eating cake Splash 071105A_17 On air promo only 60 1:29:35 Interview with Eric Redding ANP No Restrictions 61 1:29:39 Still: Various test shots Eric Redding No Restrictions 62 1:29:40 Interview with Eric Redding ANP No Restrictions 63 1:29:41 Still: ANS eating cake Splash 071105A_17 On air promo only 64 1:29:42 Interview with Eric Redding ANP No Restrictions 65 1:29:44 Still: ANS Splash 071105A_33 On air promo only 66 1:29:46 Still: ANS and JHM on wedding day Splash 071105A_05 On air promo only 67 1:29:49 Interview with Joey Bartolomeo ANP No Restrictions 68 1:29:51 Headlines about wedding ***N/A No Promo 69 1:29:57 Still: ANS at photo shoot Eric Redding No Restrictions 70 1:30:02 Interview with Eric Redding ANP No Restrictions 71 1:30:04 Still: Anna and Pierre on beach Eric Redding No Restrictions 72 1:30:07 Still: Anna and Pierre on couch Eric Redding No Restrictions 73 1:30:09 Interview with Eric Redding ANP No Restrictions 74 1:30:12 Still: Anna and Pierre kissing Eric Redding No Restrictions 75 1:30:14 Still: Anna and Pierre Eric Redding No Restrictions 76 1:30:16 Still: Anna and Pierre Eric Redding No Restrictions 77 1:30:19 ANS talking to reporters ETS In Context promo 78 1:30:21 ANS on red carpet ETS In Context promo 79 1:30:24 Interview with Eyvonne Scurlock Primetime/ABC No Restrictions 80 1:30:27 Still: JHM in wheelchair Splash 071105A_04 On air promo only 81 1:30:33 Still: Anna and Pierre by pool Eric Redding No Restrictions 82 1:30:35 Interview with Eyvonne Scurlock Primetime/ABC No Restrictions 83 1:30:37 Interview with Elaine Tabers Primetime/ABC No Restrictions 84 1:30:40 ANS waving to cameras Spectral Promo in bumpers only 85 1:30:42 Still: ANS showing off ring Getty Images 664808 No Print 86 1:30:44 Still: ANS flashing ring with Tony Curtis Getty Images 50733238 No Print 87 1:30:47 Interview with Elaine Tabers Primetime/ABC No Restrictions 88 1:30:48 Interview with Eyvonne Scurlock Primetime/ABC No Restrictions 89 1:30:51 Still: ANS in blue sparkle dress Getty Images 50734590 No Print 90 1:30:54 Still: ANS in back of limo Getty Images 57579034 No Print 91 1:30:58 Interview with Betty Morgan ABC/Primetime No Restrictions 92 1:31:00 Still: ANS and JHM wedding Splash 071105A_19 On air promo only 93 1:31:03 Still: ANS leaning on JHM looking miserable Splash 071105A_03 On air promo only 94 1:31:09 Interview with Elaine Tabers Primetime/ABC No Restrictions 95 1:31:20 Still: ANS in 49'ers hat and JHM fishing Splash 071105A_01 On air promo only 96 1:31:27 Still: ANS blowing kiss at camera Globe 07744855 On air promo only 97 1:31:30 Still: JHM kissing ANS on cheek Eric Redding No Restrictions 98 1:31:33 Interview with Betty Morgan ABC/Primetime No Restrictions 99 1:31:38 Still: ANS covering her bare breasts Getty Images 780351 No Print 1 1:31:40 Tape recorder ABC No Restrictions 2 1:31:45 Interview with Betty Morgan ABC/Primetime No Restrictions 3 1:31:47 Still: Nude test shot of ANS Eric Redding No Restrictions 4 1:31:49 Still: JHM in wheelchair Splash 071105A_06 On air promo only 5 1:31:52 Interview with Betty Morgan ABC/Primetime No Restrictions 6 1:31:54 Still: Various Santa suit Eric Redding No Restrictions 7 1:31:55 Still: ANS and JHM wedding Splash 071105A_04 On air promo only 8 1:31:59 Still: ANS flashing ring Getty 50734586 No Print 9 1:32:01 Still: JHM in wheelchair Splash 071105A_06 On air promo only 10 1:32:09 Interview with Betty Morgan ABC/Primetime No Restrictions 11 1:32:12 Still: JHM in wheelchair Splash 071105A_04 On air promo only 12 1:32:14 Interview with Betty Morgan ABC/Primetime No Restrictions 13 1:32:16 Still: ANS test shot Eric Redding No Restrictions 14 1:32:20 Interview with Betty Morgan ABC/Primetime No Restrictions 15 1:32:23 Still: ANS eating cake Splash 071105A_17 On air promo only ACT FIVE 1 1:33:28 Still: JHM in wheelchair Splash 071105A_06 On air promo only 2 1:33:32 Headlines ***N/A No Promos 3 1:33:35 Still: JHM in wheelchair Splash 071105A_04 On air promo only 4 1:33:36 Still: ANS and JHM funeral Corbis AAFZ001638 No Print 5 1:33:40 Still: ANS grieving at funeral Splash AAFZ001639 On air promo only 6 1:33:42 Interview with Anna Nicole Smith 20/20/ABC No Restrictions 7 1:33:43 Still: ANS grieving at funeral Splash AAFZ001642 On air promo only 8 1:33:46 Interview with Anna Nicole Smith 20/20/ABC No Restrictions 9 1:33:53 Interview with Perez Hilton ANP No Restrictions 10 1:33:57 Still: ANS flashing ring Globe 06500181 On air promo only 11 1:33:58 Still: ANS in back of car Getty Images 57579034 No Print 12 1:33:59 Still: ANS and JHM funeral Corbis AAFZ001638 No Print 13 1:34:02 Still: ANS Getty Images 50719307 No Print 14 1:34:06 Still: Pierce Marshall outside courthouse Corbis 309817 No Print 15 1:34:09 Still: ANS in velvet beige dress Globe 07311497 On air promo only 16 1:34:12 Still: ANS in red dress looking sad Getty Images 52198914 No Print 17 1:34:15 Interview with David Granoff ANP No Restrictions 18 1:34:18 Still: ANS with son carrying dog Getty 909587 No Print 19 1:34:23 Still: ANS in glasses, dressed up Globe 06808903 On air promo only 20 1:34:25 Still: ANS in glasses, dressed up Globe 06808905 On air promo only 21 1:34:27 Still: ANS looking terrible Globe 06711938 On air promo only 22 1:34:30 Still: ANS in red shirt and glasses Photofest No Restrictions 23 1:34:31 Still: Chunky AND Photofest No Restrictions 24 1:34:34 Still: ANS in black gown with veil Getty Images 2763507 No Print 25 1:34:36 Still: ANS in black gown with veil Getty Images 2763511 No Print 26 1:34:38 Interview with Perez Hilton ANP No Restrictions 27 1:34:41 Still: ANS making shh face Globe 05947118 On air promo only 28 1:34:43 Interview with Perez Hilton ANP No Restrictions 29 1:34:47 Still: ANS with champagne glass Christian Audigier No Restrictions 30 1:34:49 Still: ANS eating pasta Splash 130902_03 On air promo only 31 1:34:51 Still: ANS with champagne bottle Christian Audigier No Restrictions 32 1:34:53 Still: ANS with champagne glass Christian Audigier No Restrictions 33 1:34:55 Still: ANS Eric Redding No Restrictions 34 1:34:58 Still: ANS with short curly hair Getty 51620763 No Print 35 1:35:01 Still: ANS curls Globe 06944239 On air promo only 36 1:35:04 Still: Walking into court with son Getty Images 51068926 No Print 37 1:35:06 Still: ANS in sparkle sunglasses Getty Images 51620670 No Print 38 1:35:08 Still: ANS in sparkle sunglasses Getty Images 51620670 No Print 39 1:35:12 Pierce Marshal getting into car ABC No Restrictions 40 1:35:18 Interview with ANS 20/20/ABC No Restrictions 41 1:35:21 Still: JHM kissing ANS's cheek Eric Redding No Restrictions 42 1:35:22 Interview with ANS 20/20/ABC No Restrictions 43 1:35:25 Interview with Rusty Hardin ABC No Restrictions 44 1:35:27 Still: ANS at court Getty Images 51620764 No print 45 1:35:32 Interview with Rusty Hardin ABC No Restrictions 46 1:35:35 Still: ANS and reporters Getty Images 782580 No Print 47 1:35:39 Still: ANS and diamonds Globe 036944236 On air promo only 48 1:35:42 Lane Bryant modeling session Lane Bryant No Restrictions 49 1:35:44 Still: Anna and wild hair Globe 06733360 No Print 50 1:35:46 Still: ANS Lane Bryant Corbis 202722 No Print 51 1:35:49 ANS in Lane Bryant fashion show Lane Bryant No Restrictions 52 1:35:51 Interview with Perez Hilton ANP No Restrictions 53 1:35:55 Lane Bryant modeling session Lane Bryant No Restrictions 54 1:35:56 ANS in Lane Bryant fashion show Lane Bryant No Restrictions 55 1:35:59 Interview with Perez Hilton ANP No Restrictions 56 1:36:00 Interview with David Caplan ANP No Restrictions 57 1:36:04 Lane Bryant modeling session Lane Bryant No Restrictions 58 1:36:06 Still: ANS Lane Bryant Getty Images 51588698 No Print 59 1:36:11 Still: ANS and photographers Getty Images 1036431 No Print 60 1:36:15 Still: ANS and photographers Getty Images 782580 No Print 61 1:36:18 Still: ANS walking in to court with her son and Stern Getty Images 10306435 No Print 62 1:36:22 Still: ANS waving from car Getty Images 782586 No Print 63 1:36:24 ABC news report ABC No Restrictions 64 1:36:33 Interview with Phillip Boesch ABC No Restrictions 65 1:36:42 Still: ANS outside courthouse Getty Images 1306439 No Print 66 1:36:45 Still: ANS and JHM wedding Splash 071105A_11 On air promo only 67 1:36:51 Still: Pierce Marshall on witness stand Corbis 309817-003 No Print 68 1:36:55 Rusty and Pierce Walking into court KTRK No Restrictions 69 1:37:01 ANS walking into courtroom KTRK No Restrictions 70 1:37:04 Rusty in court KTRK No Restrictions 71 1:37:07 ANS on stand crying KTRK No Restrictions 72 1:37:12 Interview with Rusty Hardin ABC No Restrictions 73 1:37:18 ANS on stand, Rusty approaches KTRK No Restrictions 74 1:37:19 Interview with Rusty Hardin ABC No Restrictions 75 1:37:21 ANS on stand KTRK No Restrictions 76 1:37:34 Rusty KTRK No Restrictions 77 1:37:35 ANS on stand 'how she spends her money' KTRK No Restrictions 78 1:37:49 ANS on stand KTRK No Restrictions 79 1:37:51 Interview with Joey Bartolomeo ANP No Restrictions 80 1:37:53 Various shots of ANS on witness stand KTRK No Restrictions 81 1:37:55 Interview with Joey Bartolomeo ANP No Restrictions 82 1:37:56 ANS on stand "We had sex" KTRK No Restrictions 83 1:38:06 Interview with Rusty Hardin ABC No Restrictions 84 1:38:13 ANS on stand "choke to death" KTRK No Restrictions 85 1:38:33 Rusty KTRK No Restrictions 86 1:38:36 WS of courtroom KTRK No Restrictions 87 1:38:40 ANS on stand "last time she saw him before he died" KTRK No Restrictions 88 1:39:00 WS of courtroom, Anna rubbing her head KTRK No Restrictions 89 1:39:03 Interview with David Granoff ANP No Restrictions 90 1:39:06 Interview with Rusty Hardin ABC No Restrictions 91 1:39:19 ANS walking in to court KTRK No Restrictions 92 1:39:22 Anna crying on stand KTRK No Restrictions 93 1:39:26 Interview with Joey Bartolomeo ANP No Restrictions 94 1:39:29 CU of spoiled written on ANS's shirt KTRK No Restrictions 95 1:39:31 ANS surrounded by reporters KTRK No Restrictions 96 1:39:33 ANS on stand "spoiled " KTRK No Restrictions 97 1:39:39 ANS being hounded by press KTRK No Restrictions 98 1:39:42 ANS in court KTRK No Restrictions 99 1:39:46 Interview with Eric Redding ANP No Restrictions 1 1:39:51 WS of courtroom, Anna rubbing her head KTRK No Restrictions 2 1:39:56 Headlines of trial ***N/A No Promo 3 1:40:00 ANS in court KTRK No Restrictions 4 1:40:01 Rusty and Pierce Walking into court KTRK No Restrictions 5 1:40:06 Headline: Smith loses ***N/A No Promo 6 1:40:10 Anna and Howard walking outside court ABC No Restrictions 7 1:40:20 Headlines of case ***N/A No Promo 8 1:40:23 Ext. of Supreme Court ABC No Restrictions 9 1:40:26 Interview with Rusty Hardin ABC No Restrictions 10 1:40:32 Ext. of Supreme Court house ABC No Restrictions ACT SIX 1 1:41:35 Still: ANS Lane Bryant Corbis 202707 No Print 2 1:41:37 Still: ANS Lane Bryant Corbis 202685 No Print 3 1:41:41 Still: ANS with dog Photofest No Restrictions 4 1:41:42 Still: Anna, her son, Kimmy and Howard Photofest No Restrictions 5 1:41:46 Clip from The Anna Nicole Smith show Fair Use No Promo 6 1:41:50 Still: ANS puckered Splash 130902 On air promo only 7 1:41:51 Still: Anna with her dog Photofest No Restrictions 8 1:41:52 Still: ANS in cowgirl shirt Corbis 325244 No Print 9 1:41:54 Interview with Perez Hilton ANP No Restrictions 10 1:41:56 Still: Anna, Howard and Kim Photofest No Restrictions 11 1:41:58 Still: ANS behind bars Photofest No Restrictions 12 1:41:59 Still: ANS eating pasta Splash 130902_03 On air promo only 13 1:42:01 Interview with Perez Hilton ANP No Restrictions 14 1:42:04 Still: Anna with her dog by pool Photofest No Restrictions 15 1:42:06 Still: Anna with finger in her mouth Photofest No Restrictions 16 1:42:07 Still: ANS signing autographs Globe 05942408 On air promo only 17 1:42:09 Still: ANS in blue sparkle gown Globe 05942407 On air promo only 18 1:42:11 Interview with Giuliana DePandi ANP No Restrictions 19 1:42:13 Still: ANS in red cowboy shirt Corbis 325248 No Print 20 1:42:15 Still: ANS in red cowboy shirt Corbis 325244 No Print 21 1:42:18 Still: ANS eating pasta Splash 130902_09 On air promo only 22 1:42:19 Still: ANS signing autographs Globe 05942408 On air promo only 23 1:42:22 Interview with Bobby Trendy Bobby Trendy No Restrictions 24 1:42:24 Still: Anna on microphone w/ Kimmie and Howard Photofest No Restrictions 25 1:42:29 Interview with Giuliana DePandi ANP No Restrictions 26 1:42:34 Still: Kimmie Photofest No Restrictions 27 1:42:38 Still: Tatoo of ANS on Kimmie's arm Photofest No Restrictions 28 1:42:41 Interview with Giuliana DePandi ANP No Restrictions 29 1:42:43 Still: Howard K. Stern Photofest No Restrictions 30 1:42:46 Still: ANS getting out of limo in green dress Globe 07084944 On air promo only 31 1:42:49 Interview with Perez Hilton ANP No Restrictions 32 1:42:51 Still: ANS in wheelchair and hands in the air Globe 06933271 On air promo only 33 1:42:54 Still: Anna Nicole Smith show Photofest No Restrictions 34 1:42:56 Interview with Perez Hilton ANP No Restrictions 35 1:42:58 Still: Anna with her dog Photofest No Restrictions 36 1:43:00 Still: ANS behind bars Photofest No Restrictions 37 1:43:01 Still: Anna, Howard and Kim on ride Photofest No Restrictions 38 1:43:02 Still: Anna on microphone w/ Kimmie and Howard Photofest No Restrictions 39 1:43:04 Interview with Bobby Trendy ANP No Restrictions 40 1:43:06 Still: Anna with drag queens Globe 06933287 On air promo only 41 1:43:09 Interview with Bobby Trendy ANP No Restrictions 42 1:43:13 Still: Bobby Trendy Bobby Trendy No Restrictions 43 1:43:16 Still: ANS making face Splash 130902 On air promo only 44 1:43:17 Still: Anna with finger in her mouth Photofest No Restrictions 45 1:43:18 Still: ANS with dog Photofest No Restrictions 46 1:43:20 Still: ANS in blue sparkle gown Globe 05942407 On air promo only 47 1:43:24 Interview with Joey Bartolomeo ANP No Restrictions 48 1:43:25 Still: ANS signing autographs in green dress Globe 07084952 On air promo only 49 1:43:29 Still: Anna with her dog by pool Photofest No Restrictions 50 1:43:33 Clip from CBS morning show BBC No Promos 51 1:43:36 Interview with Alex Goen ANP No Restrictions 52 1:43:43 Interview with Giuliana DePandi ANP No Restrictions 53 1:43:44 Still: ANS Trimspa TRIMSPA No Restrictions 54 1:43:47 Interview with Giuliana DePandi ANP No Restrictions 55 1:43:50 Still: ANS on beach TRIMSPA No Restrictions 56 1:43:51 Stills of ANS skinny ABC No Restrictions 57 1:43:55 Still: ANS tarzan TRIMSPA No Restrictions 58 1:43:59 Interview with Giuliana DePandi ANP No Restrictions 59 1:44:03 Interview with Bobby Trendy ANP No Restrictions 60 1:44:08 Still: Anna with her dog Photofest No Restrictions 61 1:44:11 Still: ANS on beach TRIMSPA No Restrictions 62 1:44:14 Interview with Bobby Trendy ANP No Restrictions 63 1:44:17 Clip from TRIMSPA add TRIMSPA No Restrictions 64 1:44:27 Interview with Joey Bartolomeo ANP No Restrictions 65 1:44:31 Still: ANS smiling TRIMSPA No Restrictions 66 1:44:36 Clip from Heatherette fashion show Heatherette No Restrictions 67 1:44:44 Interview with Perez Hilton ANP No Restrictions 68 1:44:50 Still: Spoof of ANS weight loss Globe 07407048 On air promo only 69 1:44:54 Interview with Perez Hilton ANP No Restrictions 70 1:44:55 Still: ANS in pink dress Corbis 590903 No Print 71 1:44:58 Still: ANS at heatherette Corbis 590873 No Print 72 1:45:01 Interview with Alex Goen ANP No Restrictions 73 1:45:02 Clip from Heatherette fashion show Heatherette No Restrictions 74 1:45:05 Still: Executive Suites ad with ANS Eric Redding No Restrictions 75 1:45:07 Still: ANS Santa suit Eric Redding No Restrictions 76 1:45:08 Still: Grieving widow Corbis AAFZ001642 No Print 77 1:45:10 Still: ANS cowgirl Getty Images 51041654 No Print 78 1:45:11 Still: ANS in white dress, blue sky behind her Getty Images 51041654 No Print 79 1:45:12 Still: ANS Corbis AAFK001869 No Print 80 1:45:13 Still: ANS in Hudsucker Proxy Photofest No Restrictions 81 1:45:14 Still: ANS farm girl Getty Images 51041627 No Print 82 1:45:15 Still: ANS test shot Eric Redding No Restrictions 83 1:45:15 ANS on red carpet ETS In Context promo 84 1:45:16 Still: ANS in pink dress with hands in the air Getty Images 52269164 No Print 85 1:45:18 Still: ANS with MTV stickers on her breasts Getty Images 52270000 No Print 86 1:45:21 Still: ANS with Courtney Love Getty 51315603 No Print 87 1:45:24 Interview with Perez Hilton ANP No Restrictions 88 1:45:32 Clip from MTV music awards Fair Use No Promo 89 1:45:47 Interview with Perez Hilton ANP No Restrictions 90 1:45:52 Still: ANS going to court Getty Images 56957708 No Print 91 1:45:54 Still: ANS going to court Getty Images 56957669 No Print 92 1:45:55 Still: ANS going to court Getty Images 56955157 No Print 93 1:45:57 Still: ANS going to court Getty Images 56955313 No Print 94 1:45:59 Anna and Howard walking to the car and getting in ABC No Restrictions 95 1:46:05 Interview with Giuliana DePandi ANP No Restrictions 96 1:46:07 Still: ANS and Howard walking to court Getty Images 56961923 No Print 97 1:46:09 Interview with Giuliana DePandi ANP No Restrictions 98 1:46:11 Still: ANS in back of car Getty Images 56958009 No Print 99 1:46:13 Interview with Giuliana DePandi ANP No Restrictions 1 1:46:15 Pierce Marshall walking KTRK No Restrictions 2 1:46:21 Pierce Marshall's obit KTRK No Restrictions 3 1:46:27 ANS pregnancy headlines Splash News LBH171105M On air promo only 4 1:46:32 Pictures of ANS boyfriend Splash News BLLA0220506A On air promo only 5 1:46:36 ANS in pool announcing pregnancy Fair Use No promos 6 1:46:46 Interview with Dave Caplan ANP No Restrictions 7 1:46:49 ANS in parade Spectral Promo in bumpers only 8 1:46:52 ANS in white dancing with her hands up ABC/ 20/20 No Restrictions 9 1:46:56 ANS posing at a photo shoot ETS In Context promo 10 1:47:00 Interview with David Granoff ANP No Restrictions 11 1:47:04 Still: ANS on red carpet Globe On air promo only 12 1:47:05 Still: ANS as presenter Globe On air promo only 13 1:47:06 ANS at photo shoot ETS In Context promo 14 1:47:10 Interview with David Granoff ANP No Restrictions 15 1:47:11 Still: Black and white photo of ANS Guess, Inc. No Restrictions 16 1:47:13 Still: ANS in blue sequins Getty 50734590 No print 17 1:47:16 Still: ANS crying Getty 52250124 No print 18 1:47:18 Still: ANS smiling in car Getty 52250125 No print Promotional restrictions/Other Restrictions: can the footage/shot be used for publicity and are there other restrictions-e.g. No CD Rom Options/Fees: If the licensed rights are not all Media, Worldwide in Perpetuity, list options to extend the license by term, territory or media. ***Industry standard fair use approved by legal

The state of Florida is cracking down on underage drinkers who drive. If people under 21 are caught drinking and driving by police, they will be lose their license for at least six months.

Mexican authorities on Wednesday deported a US woman accused of helping her fugitive teenage son flee despite his probation in a notorious and deadly drunk-driving case (Footage by AFPTV via Getty Images)

<pi> ***This package/segment contains third party material. Unless otherwise noted, this material may only be used within this package/segment. Usage must cease on all platforms (including digital) within ten days of its initial delivery or such shorter time as designated by CNN.*** </pi>\n\n --TEASE--\nA PRISONER GETS A DRUG DELIVERY VIA DRONE ...\nAND A TEEN GETS A LESSON ON TYING A NECKTIE ... FROM A COP!\nCOMING UP IN TODAY'S TAKE A LOOK AT THIS!\n\n --SUPERS--\nPrefonted\n\n --LEAD IN--\nWHEN IT COMES TO CONTRABAND SMUGGLING IN JAILS ...\nLAW ENFORCEMENT OFFICIALS ARE ALWAYS ON THE LOOKOUT.\nBUT NOW -- IN THE AGE OF DRONES -- THEY MAY NEED TO LOOK UP AS WELL!\nJEREMY ROTH HAS TODAY'S TAKE A LOOK AT THIS!\n\n --REPORTER PKG-AS FOLLOWS--\nWATCH AN OHIO PRISON INMATE GET A CONTRABAND DELIVERY FROM A DRONE.\nIT WAS CAUGHT ON CAMERA IN AN OUTDOOR RECREATION AREA OF THE CUYAHOGA COUNTY JAIL.\nTHE INMATE CAN BE SEEN WATCHING THE SKIES BEFORE THE DROP IS MADE.\nAND ALTHOUGH THE DRONE MISSED ITS MARK, THE INMATE WAS ABLE TO COLLECT THE PACKAGE.\nTHE SHERIFF'S OFFICE SAYS IT CONTAINED MARIJUANA AND A CELL PHONE.\nAN INVESTIGATION HAS BEEN LAUNCHED INTO THE DRONE-RELATED INCIDENT.\n\nWATCH GEORGIA COPS SAVE A SLEEPING MAN FROM A CAR MOMENTS BEFORE IT'S HIT BY A TRAIN.\nDASHCAMS WERE ROLLING WHEN OFFICERS CAME UPON A CAR ON THE TRACKS IN COBB COUNTY.\nJUST AS THEY DISCOVER THE DRIVER ASLEEP INSIDE, A TRAIN IS HEARD APPROACHING.\n"Get him out of the car! Get him out!\nGet out of the car, there's a train coming!"\nTHE MAN WASN'T RESPONDING, SO THE OFFICERS BROKE THE WINDOW.\n"You're on the tracks and there's a train coming!"\nHE WAS PULLED TO SAFETY MOMENTS BEFORE THE FREIGHT TRAIN PLOWED INTO THE VEHICLE.\nTHE MAN WAS UNINJURED, BUT IS NOW FACING DUI CHARGES.\n\nNOT EVERY POLICE RESCUE IS LIFE-THREATENING ...\nA UTAH OFFICER SAVED THE DAY BY HELPING TEACH A TEEN WHO WAS RUNNING LATE TO A SCHOOL DANCE ...\nHOW TO TIE HIS NECKTIE.\nWHILE RUSHING THE TEEN TO A FRIEND'S HOUSE FOR HELP, HIS MOTHER WAS PULLED OVER.\nBUT INSTEAD OF A TICKET, THE OFFICER GAVE A FREE LESSON.\nFOR THE BOY'S MOM, WHO IS A SINGLE PARENT, THE COP'S SMALL GESTURE MADE A BIG IMPACT.\n\nFOR TALAT - I'M JEREMY ROTH\n -----END-----CNN.SCRIPT-----\n\n --KEYWORD TAGS--\nSOCIAL MEDIA TRENDING VIRAL VIDEO CAUGHT ON CAMERA JAIL TECHNOLOGY CRIME TRAIN POLICE DUI RESCUE TIE TEEN HOMECOMING SWEET CUTE COOL FUN FUNNY CRAZY WEIRD KICKER\n\n

FTG FOR JOHN DONVAN ON THE DEATH OF ANNA NICOLE SMITH, WHO WAS FAMOUS FOR BEING FAMOUS / SINCE HER DEATH, IT IS STILL UNKNOWN WHAT THE CAUSE WAS / ABC NEWS PRODUCTIONS / A&E HANDOUT A&E BIOGRAPHY: Anna Nicole Smith Final Timecoded Script TEASE PEREZ HILTON When you see someone that looks like Anna Nicole Smith, you wanna get her naked. GUILIANA DEPANDI She was gorgeous. She was like unbelievable looking. There was no one like her. DAVID CAPLAN She's always doing something new and something so absurd and over the top that the public can't help but feel mesmerized. BOBBY TRENDY I don't really know how she lost all that weight. It's a mystery to me because she was like 300 pounds. ERIC REDDING Just not someone you would really want to take home to Mama, if you want to put it that way. PEREZ HILTON Other celebrities may be a little more cautious when they do certain things in public. But Anna is a bit more of a free spirit. And I love that! (LAUGH) ACT ONE 1:00:59 The highest court in the land meets the biggest boobs in the business. Ok, it was supposed to be a serious affair, but that didn't stop hordes of screaming fans and paparazzi from descending on the Supreme Court for what was an eye-popping and landmark decision. Natsot/ ABC news report Nat sot/GMA news report "Now Mrs. Smith goes to Washington. The Supreme Court ruled on Monday that one-time Playboy Playmate Anna Nicole Smith could continue her legal battle for her share of her late husband's $1.6 billion dollar fortune." On May 1, 2006, the justices refused to strip Anna Nicole Smith of her claim to her late husband's fortune. They unanimously sent her legal battle against her stepson back to a lower court. GIULIANA DEPANDI I think she's gonna get a ton of money. // I think Anna Nicole needs to take the money and run. (LAUGHTER) The girl who once lived in a trailer, was determined to hold onto her millions. Anna Nicole Smith struck black gold in 1991 when she met 86-year-old oil tycoon J. Howard Marshall in a strip club where she was a dancer. The octogenarian was instantly smitten. 1:02:11 ERIC REDDING From the second he saw her, he sent his driver over to get her. He saw her from across the room. And he said, "Go get that girl. I want to meet her in person." ANNA NICOLE SMITH He got a huge smile on, he had his gorgeous blue eyes and they got a little twinkle in his eyes and um, he asked me to dance for him. And I did. The elderly billionaire's heart skipped a beat. Soon he was asking Anna to shake her assets for him every day of the week. ERIC REDDING She told me he came in every Monday to Friday. /// And he would give her 500 to 5,000 dollars just to sit there and talk. Sometimes she would take her top off, show what she had. And that was it. JOEY BARTOLOMEO And he loved it, and he really developed a fondness for her. And he would shower her with gifts. MELINDA HUDSON She started getting houses and jewelry. And Neiman Marcus would come to the house, maybe once or twice a week, and fit her for clothes. ERIC REDDING She would see something she would want. She would call J. Howard up on the phone and just go, "Can I have this?" She would talk baby talk to him. 1:03:12 PEREZ HILTON It's like an Annie story, you know? Anna Nicole is Annie. And J. Howard Marshall is Daddy Warbucks. Anna called him "Paw Paw"-and he was old enough to be her grandfather. But Marshall didn't want to be just another sugar daddy. He was hooked. ERIC REDDING J. Howard Marshall, I have to say, he truly loved Anna. He really did. // He continually asked her to marry him. And she kept not wanting to marry him. The 23-year-old stripper had more on her mind than marriage. In late 1991, Anna saw an ad placed by a local scout for Playboy. It was the big break she'd been waiting for. So she put on her best stilettos and showed up at his studio for a test shoot. ERIC REDDING She came in. She's six foot tall. She had on like five-inch heels. So, she was like an Amazon woman. Anna was a big girl. But she had a pretty face, and one thing-or maybe it was two-really made her stand out from the other girls. JOEY BARTOLOMEO She just has enormous breasts, and even when she's thin, or thinner, // she's just very curvaceous. And she's got the bombshell thing going on. Totally different from anything else that was out there. 1:04:28 PEREZ HILTON Of course, Playboy fell in love with Anna Nicole Smith and they had her take a Playmate test right away. It's one of the few tests that she passed with flying colors. Anna's breathtaking face and body graced the cover of Playboy in March of 1992. That unforgettable debut catapulted her to fame-and left her fans begging for more. DAVE CAPLAN When Paul Marciano, the president of Guess Jeans, saw Anna Nicole Smith in Playboy, he immediately called the magazine and asked, who is that girl? The rest is history. // She became the iconic spokeswoman for Guess Jeans. // And it almost gave her a bit of a classier edge. The sultry ads highlighted Anna's assets. At a time when the "waif" look was in, Anna broke the mold. Never before had there been so much buzz about a new Guess girl. GIULIANA DEPANDI I mean, when those Guess ads came out, it was shocking. I mean, she was gorgeous. I mean, she was like unbelievable looking. There was no one like her. 1:05:30 JOEY BARTOLOMEO These pictures were very sexy, but she still almost had an innocent quality to her at the same time. And she's just kind of overflowing. // But she still was sort of like the naughty farm girl. That -the naughty girl next door. Very naughty. Off camera, the girl next door was living a hedonistic lifestyle in Hollywood, allegedly indulging in drugs, booze, wild sex.and too much food. NAT SOT: 1996 Oscars red carpet Wait, wait, I'm not fat! This is just. ERIC REDDING The unfortunate part was after the drug and alcohol abuse she didn't kind of see things in the same light. I mean, she honestly didn't know she had gained weight and that she was fat. GIULIANA DEPANDI You know, it's sad, cause she really was on top of her game around the time of Guess and Playboy and-and then she started getting some movie roles. And then she just lost it. DAVE CAPLAN All these charges came against her that she was having wild sex parties, and she really deserved the title as America's Most Talked About Celebrity at the time. While all the bizarre stories sold tabloids, the salacious headlines-and Anna's growing size-were a turn off for her clients. 1:06:42 JOEY BARTOLOMEO Anna's career was tanking. And lucky for her, J. Howard Marshall was around and he still wanted to marry her. NAT SOT FILE: Anna showing off ring And I hope you're watching, it's right here! And I just want you to know that. Because I told you to watch TV tonight and I love you. On June 27th, 1994, the Playmate married the billionaire in a tiny wedding chapel in Houston. The bride was 26, and the groom was 89. DAVE CAPLAN Anna Nicole Smith was really put in the hot seat after she married J. Howard Marshall because he was so much older and in a wheelchair. A lot of people were wondering what's the real story behind their marriage? Are they intimate? PEREZ HILTON He was old enough to be her great grandfather. That's kind of gross. // But I should be so lucky when I'm in my 90's to find someone in their 20's to make me happy. (LAUGHTER) ANNA NICOLE SMITH I want people to understand, forget about the damn age. It's, he saved my life and I saved his life. He took me out of a terrible place and he cares for me and my son. And in return I took care of him. And I loved him for that and I would never ever leave him. 1:07:58 It didn't matter what she said. Anna became a late night laughingstock. NAT SOT - "Politically Incorrect" Well, I mean, for half a billion dollars, what would you not touch? But Marshall's son and heir, E. Pierce Marshall, was not amused. And when J. Howard died at the age of 90, after just 14 months of marriage, it was war between Anna and her stepson. JOEY BARTOLOMEO Not only did Pierce and Anna fight over the fortune, but they were also fighting over J. Howard Marshall's body. They ended up cremating him, and they each took half the ashes. DAVE CAPLAN There were two memorial services, one which Anna Nicole Smith attended, and another for his family. And to the memorial that Anna Nicole Smith went to, what did she wear? Her wedding dress. Which of course a lot of people perceived as disrespectful and completely, completely inappropriate. After the funeral, the widow and the son began fighting over Marshall's vast fortune, estimated at $1.6 billion. ANNA NICOLE SMITH He just always promised that once we're married, you know, half of everything is mine. That was his promise to me. 1:09:13 JOEY BARTOLOMEO The two sides ended up going to court. One suit was filed in Texas. One suit was filed in California. They had completely different verdicts. In one suit Anna was awarded 450 million dollars. And in another one she didn't get anything. The battle over Marshall's fortune would consume Anna's life for years to come.and go all the way to the U.S. Supreme Court. DAVE CAPLAN She was absent from the Hollywood scene for many years because she was embroiled in a really bitter, vicious lawsuit with his family. PEREZ HILTON I think Anna Nicole Smith is very driven. // What drives Anna Nicole Smith is fear. I think she's afraid of being that poor // girl from Texas again. // You know, she wants that money. She deserves that money, honey. (LAUGHTER) Act Two 1:11:06 For Anna Nicole Smith, the fight over her late husband's fortune took on new urgency the year after he died. In 1996, she found herself millions of dollars in debt and forced to file for bankruptcy. PEREZ HILTON Anna Nicole Smith is just a poor, simple girl from Texas who is not the brightest and not as savvy with money as others. Y'know, when you're getting up to $7 million in gifts from your boyfriend or husband, you think the money's never gonna stop and then it stops, and you're screwed. The wealthy lifestyle was something Anna never knew in her early years. She was born Vickie Lynn Hogan in 1967 to a working class family in Houston. Her parents split up when she was just a baby, and she and her father had little contact for the next twenty years. DAVE CAPLAN Anna Nicole Smith started her life on a bit of a troubled note. // And that really set the tone for her life. Growing up, Anna was anything but a typical little girl. GIULIANA DEPANDI She was a tomboy as a kid. // She liked to be with the boys and loved the trucks and the dirt and the messy hair and never really you know hung with the girls. That rebellious tomboy didn't always see eye to eye with her mother, Virgie, who was a deputy sheriff. When she was a teenager, Anna left home and moved to the small town of Mexia, Texas. 1:12:36 MELINDA HUDSON She moved in with us when she was about, oh, I believe about 14. And we lived in a small home, on the outskirts of Mexia. And we didn't have a lot of money. Even though they were poor, Anna imagined a different future for herself. She dreamed of following in the footsteps of her idol Marilyn Monroe. MELINDA HUDSON She always told me that she was gonna be something some day. I'd just laugh at her. I'd tell her that none of us are gonna ever get that. At 17, it didn't look like Anna was going anywhere. After dropping out of high school, she got a job at Jim's Krispy Fried Chicken, where she would meet her first husband. JOEY BARTOLOMEO When she was working at this fried chicken place, she met Billy Wayne Smith, who was also a teenager. And they fell in love. They ended up getting married, and having a baby pretty quickly after that. MELINDA HUDSON She was real excited. And she said that she was gonna love him, and-and take care of him. 1:13:40 But the new baby couldn't hold together an unhappy marriage, and Anna wanted more. MELINDA HUDSON She got married quick, and divorced real quick. DAVE CAPLAN It only lasted a couple of years. But the one good thing that came out of that union was the birth of their son, Daniel, who to this day, has a spotless record and hasn't taken after his mother. Anna fled to Houston with her baby and scraped by with jobs at Red Lobster and Wal Mart. It was not the glamorous life she'd dreamed of. Then one day, on a whim, she decided to try something new. ANNA NICOLE SMITH I would drive by the work every day and there was this big neon sign-- it was blue and white. And it had this um lady in high heel shoes and she had the bikini on and it would flash, tip toe, then back, tip toe, then back, like that, and I was like, oh, you know, how neat. You know, I can dance, I'd love to do that. // I didn't know it was topless though. The topless bar was called the Executive Suites, and it catered to businessmen. ANNA NICOLE SMITH I was gonna apply for you know, a dance job and I walked in and I went, huh, cause there was this beautiful woman, // and she was topless and she was dancing on stage and I was like, uh. I remember my whole body just shaking just like crazy. 1:15:02 Anna might have been nervous, but she had stunning looks and the right attitude. She was hired on the spot. But there was one small problem with the new dancer. JOEY BARTOLOMEO When she started out she didn't have breast implants yet. And so, her body was much different than the one that everyone knows her for. At first, the manager assigned Anna to the less lucrative afternoon shift. GIULIANA DEPANDI And she wasn't happy about that. And so she realized, I gotta do something about this. ERIC REDDING She // had some implants done. // She used to actually be an A-B cup. // And she definitely went to the D's and then the double D's. And of course, men love big breasts or large breasts or bosom if you want to call it that. Anna's new size impressed her clients. Soon she was in demand at the best clubs in town. PEREZ HILTON What is known is that she was quite the popular stripper at the local strip club back in her home town. 1:16:02 ERIC REDDING Vickie was very good at meeting gentlemen in the clubs and stuff. And she would have them pay for her any kind of whims that she wanted. The customers liked to lavish Anna with expensive gifts and extra tips. But no one was more generous than the very old, very wealthy J. Howard Marshall II. ERIC REDDING The one fact that most people don't realize about J. Howard Marshall, he was a very smart man. I mean, very smart. // So to this day, // I do not know how these two ever made it together at all. The two of them couldn't have been more different. The 86-year-old billionaire had headed an oil company and taught law at Yale Law School. Anna was a stripper with a DUI arrest behind her. But Marshall's tastes weren't quite as high-brow as his resume would suggest. ERIC REDDING J. Howard liked to frequent the clubs. He enjoyed women's beauty. And he obviously enjoyed topless women's beauty. JOEY BARTOLOMEO At the time she met J. Howard Marshall, he was married, and he also had a mistress, who was also a former stripper. So, he wasn't really in the place to be having a girlfriend, but he definitely was wooing Anna Nicole. 1:17:10 Then, in 1992, in a stroke of bad luck, both Marshall's wife and his mistress died. JOEY BARTOLOMEO So he was very upset. He was needy. You know, he was looking for a woman to comfort him. And she was there, and she gave it to him. BETTY MORGAN Mr. Marshall wanted the companionship of a young woman. And he was pleased, very much so to be seen with her. Although Marshall considered Anna his girlfriend, her friends said she saw things differently. ERIC REDDING She really tried to spend the shortest time possible with him. Because she was really embarrassed about what other people where thinking. /// I asked Anna once, // I said, do you all have intimate relationships? And she kind of snarled up her nose and her face and she says, oh God no. There's no way // I mean, the extent of what I think is that Anna might kiss on him, kiss on his-neck, and she would like bare her breasts and put them on his head and things like that. 1:18:05 When Marshall began asking Anna to be his wife, she refused. ANNA NICOLE SMITH I said, honey, let me go make something out of myself first so people don't look at me as a gold digger. So I have my-my own identity. ACT THREE 1:19:21 In the fall of 1991, Anna Nicole Smith was a 23-year-old stripper with dreams of stardom. When she saw an ad seeking models for Playboy, it seemed like the break of a lifetime. But at first, Playboy scout Eric Redding had doubts about Anna. ERIC REDDING Anna Nicole was very sweet from the very first time I met her. // But she was not very polished. // Her hair was God-awful, a mess. She would wear this gobs of blue eyeshadow-tons of lipstick and just not someone you would really want to take home to Mama, if you want to put it that way. But Redding quickly realized that Anna was someone you might take to the Playboy mansion. PEREZ HILTON When you see someone that looks like Anna Nicole Smith, you wanna get her naked, take some pictures and send it to Playboy. 1:20:07 ERIC REDDING We sent the film to L.A.,again// fedexed it out. When they got the film, //I can't even tell you how excited they were. The Playboy editors were instantly captivated. Within days, Anna was on her way to L.A. and the legendary Playboy mansion for a photo shoot. ERIC REDDING She was elated. I mean, no doubt, Anna was so excited. She didn't know who to tell first. DAVE CAPLAN For someone like Anna Nicole Smith, a small town girl from Texas, to land in the pages of Playboy, it's a dream come true. JOEY BARTOLOMEO They took her pictures, and they put her in the magazine almost immediately. Which was pretty much unheard of. ERIC REDDING They bumped what they had already put on the cover and put Anna on the cover as debutante. // That's how incredibly excited they were. The March 1992 issue flew off the newsstands and put Anna on the map. JOEY BARTOLOMEO She became a celebrity-immediately. She was put in the magazine again three months later. She was the centerfold. Eventually she became a Playmate of the year. 1:20:15 MELINDA HUDSON She was really happy. She came home smiling and waving around a check. (LAUGHS) The money was really good for her. // She loved the attention. Of course, Vickie's always loved attention. Anna was enjoying her overnight success when she got an unexpected phone call. It was the president of Guess Jeans, Paul Marciano. PEREZ HILTON Paul Marciano saw Anna Nicole on the cover of Playboy and he's like, I want that lady to do my Guess jeans ads. Paul Marciano had discovered Claudia Schiffer and Eva Herzigova when they were complete unknowns and turned them into supermodels. MONIQUE PILLARD Paul Marciano is an incredible art director. // And I think that he works with the personality of the girl, // In the case of all these girls, he knew exactly what he wanted. And he did a great job, because their career took off immediately after. Now, at a test shoot in Texas, Marciano saw something special in Anna. ANNA NICOLE SMITH And I remember walking in the trailer, and I'll never forget, he walked up in the trailer and his mouth just dropped. He was like, uh, and I was like, uh, I think he likes me now. (LAUGH) 1:22:28 Marciano immediately signed the centerfold to a modeling contract and set about remaking her image. draping her in designer clothes and jewelry. But his crowning touch was giving her a sultry new name. ERIC REDDING They felt Vickie Lynn Smith sounded too country, sticksy, that type of thing. // They decided she needed a more sophisticated sounding name. And they came up with Anna Nicole Smith. Soon, that name was on everybody's lips.while that body was in every teenage boy's dreams. Anna Nicole Smith became the fashion world's most unlikely supermodel. MONIQUE PILLARD When I first said that I was gonna represent her, people in the agency thought that I had lost my mind. /// People told me, Why are you taking her? I mean, she's not gonna be good for fashion and everything like that. // I said, I'm-I wanna represent her, cause I like her. Anna was living out her fantasy. But life in the spotlight soon became overwhelming. 1:23:25 MELINDA HUDSON A lot of people think that it's real glamorous to be // in all the magazines and all the attention. But it was a lot of stress for her. DAVID GRANOFF She did an appearance for Guess in Japan // and she called me up and she said, David, they're mobbing me. // They're mauling me. They're grabbing my hair. I'm afraid for my safety. MELINDA HUDSON And maybe her nerves were pretty bad. You know? And so, she had to take something to get the edge off. To take that edge off, people said that Anna turned to drugs and alcohol. ERIC REDDING She could drink three or four bottles of champagne by herself in like a three hour period. // And unfortunately, she was on like probably 12 to 15 different types of medications. JOEY BARTOLOMEO Anna Nicole Smith didn't really handle the fame very well. She partied a lot. There was talk of drugs and alcohol. And the more Anna partied, the wilder her behavior seemed to get. ERIC REDDING Anna, when she would start drinking, there was nothing that was off limits to her. /// We were out at a country western club. And she had ran out of money. // Anna went up to the bartender and said, look, if you give me what I want for shots and drinks, I'll show you my breasts. And that's what she did. She pulled down her top, let him see 'em. And he fixed her up for the rest of the night. JOEY BARTOLOMEO She really just kind of was one of those people who went to Hollywood and pretty much lost herself. ACT FOUR 1:25:51 After two years in the spotlight as a model and Playmate, Anna Nicole Smith wanted to branch out. In 1993, she made her movie debut in The Hudsucker Proxy, alongside seasoned veterans Paul Newman and Tim Robbins. Anna played the role she knew best - that of a busty blonde. FAIR USE: Clip from The Hudsucker Proxy A year later, she expanded her body of work with the comedy Naked Gun 33-1/3: The Final Insult. FAIR USE: Clip from Naked Gun I wanna go straight, I'm tired of the lies. Now Kiss me, please kiss me. JOEY BARTOLOMEO She had little roles here and there. She was always typecast as the same person, which was herself. 1:26:35 Eventually, Anna found herself starring in B movies, like Skyscraper. PEREZ HILTON You know, Anna Nicole Smith is not exactly Oscar material and she knows that, and the audience knows that. That's why she did a lot of erotic thrillers. FAIR USE: one of the erotic thrillers Remember, I'm from Mexia, Texas PEREZ HILTON That's a nice way of putting it. JOEY BARTOLOMEO But these movies were pretty popular and-and seen by a lot of people, and it seemed like maybe she was gonna get a career out of it. Off-camera, Anna's life was spiraling out of control. In February of '94, she was rushed to an L.A. emergency room, unconscious after a wild night of drinking and pill-popping. Later that spring, her maid, Maria Cerrato, hit her with a sexual harassment lawsuit. ERIC REDDING Maria Cerrato and her attorneys had claimed that Anna had locked her up in the house and kept her as like a sexual slave. And she would give her drugs and alcohol to -to keep her under control and do whatever she wanted. 1:27:39 Anna denied the scandalous charges, and they later settled. But her image was tainted, perhaps beyond repair. Her fashion clients shunned her, and she was passed over for movie roles. PEREZ HILTON It kind of happened overnight, you know? The Guess campaign was over. Anna really wasn't doing much as a model and she was partying a lot. Then she became this tabloid creature. And once you're sucked in by the tabloids, there's really no going back, you know? At the age of 26, Anna was starting to look -and feel -- like a has-been. But back in Texas, one man still considered her a star -- the octogenarian oil tycoon J. Howard Marshall. ELAINE TABERS He would always tell her, you're the love of my life. // I mean, he would just say, you know, all I need to do is talk to you on the phone. I just need to hear your voice. ANNA NICOLE SMITH It's like every night at 7 o'clock he had to call me because I was his sleeping pill. (LAUGH) That's what he called me, his sleeping pill. Marshall was determined to make Anna his wife, and after two years of long distance dating, he bought her a brilliant 22-carat diamond ring. On June 27th, 1994, the pair finally tied the knot in Houston. 1:28:57 ANNA NICOLE SMITH I remember looking over at him, and um, he was crying. And I said, honey, why are you crying? And he said to me, because I thought this day was never gonna happen. So that, that will stick with me for the rest of my life. He was happy. The couple chose the 80's hit "Tonight I Celebrate My Love For You" as their theme song. Marshall couldn't wait to celebrate his love-and was surprised to find out that he wouldn't get that chance. ERIC REDDING After they were pronounced man and wife, Anna had to go on a photo shoot supposedly to Greece. /// And poor J. Howard just sat there and cried in his wheelchair. JOEY BARTOLOMEO Here she was, this 26-year-old, marrying this 89-year-old. // People thought she was nuts, and they also thought she was a gold-digger. The tabloids had a field day with the 63-year age difference between Anna and her new husband. But, according to her former manager, she was having a secret relationship with her bodyguard. ERIC REDDING Pierre DeJean was probably Anna's favorite bodyguard. // He took care of her extremely well out in public. What most people didn't realize, he took very good care of her-behind closed doors as well. 1:30:15 Marshall didn't seem to know about any alleged affairs and appeared happy. As Anna returned to her life in L.A., he continued to worship her-- from afar. EYVONNE SCURLOCK When he would come into the office in the morning, the first thing he'd do, he'd say, Eyvonne, let's call Miss Vickie. And um she usually wouldn't take the phone call, somebody else would answer the phone. /// Then when finally later on she would call, she always wanted some money. ELAINE TABERS She came from having nothing to having everything she wanted. And it was like letting her loose in a candy store and telling her, eat as much as you want. She didn't know when to stop. EYVONNE SCURLOCK The more money he gave her was never enough, she would always want more. BETTY MORGAN I asked him, "Why, why was he putting up with her later when things got so bad. And he just said, "She's my wife." As Marshall's wife, Anna wanted more than just his money. she also wanted to start a family with him. 1:31:10 ELAINE TABERS She asked could you know, they have a baby together and he said yes. And they told him that he had to be checked to make sure that you know, he was still able. And uh, my husband took him to the doctor and they did uh, sperm count. The doctor discovered that Marshall was still able to have children, but according to Marshall's nurse, Anna seemed less concerned with getting pregnant than she was with getting her husband on tape - with a promise of an inheritance. BETTY MORGAN He had a nickname for her breasts, they were rosebuds, and she exposed her breast to him and she would lean forward with the tape recorder and tell him what she wanted him to say in the tape recorder and then she would turn her tape recorder on. // But the whole time, she was exposing herself to him. Her rosebuds. After a few months of this marriage, J. Howard fell ill, and had to be hospitalized. Anna rarely visited him, and during Marshall's final weeks, he seemed to become disillusioned. BETTY MORGAN The last time she called, he refused to talk to her. // And I even said, "You do know who I'm talking about? Who is this on the phone?"// He said, "It's Vickie." And I said, "But, you're not going to talk to her?" And he just shook his head. // That was it, he didn't have anything else to say to her. ACT FIVE 1:33:28 On August 4, 1995, 90-year-old J. Howard Marshall died of pneumonia, leaving 27-year-old Anna Nicole Smith a widow, after just 14 months of marriage. ANNA NICOLE SMITH He was my Prince Charming. (LAUGH) I'll never find another Howard. // His eyes would just light up and he'd get this big smile on his face every time he saw me. PEREZ HILTON I think Anna Nicole Smith loved J. Howard Marshall. And she loved his money too. To her horror, it looked like Anna had lost both the man and his millions. She claimed that her stepson Pierce Marshall had stripped her of her share of the family fortune - and cut off her $20,000 monthly allowance. DAVID GRANOFF It was very, very hard for her. After having everything, to have, you know, everything taken away from her. // And I think she kind of went into seclusion. 1:34:22 The stress took a visible toll on Anna. She retreated from Hollywood and checked into the Betty Ford Clinic in an attempt to kick her drug and alcohol habit. But rumors of addiction would continue to swirl around her for years. PEREZ HILTON I mean, I think Anna's addictive personality kind of has consumed her for many years in many ways, you know?// She is always looking for something else, something to make her whole, whether that be food, substances, or a man. After her husband's death, Anna continued to shop like an heiress. By January of 1996, she was flat broke - and forced to file for bankruptcy. As part of the case, she claimed that her late husband had promised her half his billion-dollar fortune - and she accused his son, E. Pierce Marshall, of interfering with his father's wishes. ANNA NICOLE SMITH I'm doing this for my husband and me. // I'm fighting for my husband and what he wanted me to have. RUSTY HARDIN You've got a 26-year-old woman who saw a way to get // a bunch of money, and she's doing everything she can, along with help from her lawyers, to get it. // She's gone after half the estate, and made up a story that she was entitled to it. 1:35:38 Whatever the truth was, Anna had to wait for her day in court.and work for her money. Her up-and-down weight attracted a new kind of client. And in 2000, she became the spokesmodel for Lane Bryant, the plus-size clothing line. PEREZ HILTON You gotta get a gimmick. Hey, I'm fat. I embrace it. I love my fat body. So Anna Nicole Smith started to model for Lane Bryant. She needed a paycheck. DAVE CAPLAN And she just went out there with saying, hey, yeah, I'm a little overweight. I'm big-boned. But you know what? I'm gonna make millions off of it. And I'm gonna have the last laugh. Soon the opportunity to win the really big bucks arrived. Anna's bankruptcy trial finally began in L.A. in the fall of 2001. The verdict stunned everyone. NAT SOT: News report Anna Nicole Smith is a multimillion dollar winner. A Los Angeles federal court awarded Smith almost $450 million of her husband J. Howard Marshall's estate. PHILIP BOESCH It's a large number. It's a large number for me. But it wasn't a large number for Howard Marshall. Howard Marshall was a billionaire. 1:36:44 For a brief moment, Anna had it all in her grasp-a large part of her dead husband's fortune. But the victory wouldn't last long. Pierce Marshall appealed the California decision - and took the matter to trial in a Houston probate court. And in late 2001, Anna faced off against her stepson's lawyer, Rusty Harden, in front of a Texas jury. RUSTY: Ms. Marshall, you're just up there making stuff up as you go along. ANNA: I'm not making anything up, Rusty. RUSTY HARDEN What we saw was a person that was very self-absorbed, that was a very selfish person, that never cared about him and was making up a story to try to get money. RUSTY: So how does one go about spending 5,000 dollars a week in cash? What do you do with it? ANNA: Well, I would go to premieres like every week. You have to buy a formal gown, I mean. You buy gowns, they're like $30,000. And you gotta buy gowns. You gotta buy shoes. You gotta pay hair and makeup. I mean, it's very expensive to be me. I mean, it's terrible the things I have to do to be me. JOEY BARTOLOMEO Anna was on the witness stand for five days. And for someone who was putting on this performance, that was a long time. 1:37:56 ANNA: We probably had sex and he went to bed. RUSTY: You probably what? ANNA: Had sex. RUSTY HARDEN I never knew what she was gonna say. I'm totally comfortable she never knew what she was gonna say. So we were getting the real product. Anna became unraveled as Harden pounded her with questions. RUSTY: What is it you're saying Pierce Marshall did now? Did he order people to let his father choke? Is that what you're saying? ANNA: He ordered for him not to be suctioned. That is the same thing as ordering him to choke to death on his own vile. Question by question, Harden chipped away at Anna's claim that she was a devoted wife. RUSTY: You know what date you were in Playboy magazine, do you not? ANNA: Yes, sir. RUSTY: You know the second time you were in Playboy magazine, do you not? ANNA: Yes, sir. RUSTY: But you cannot tell us either the first time you saw your husband after you were married to him or the last time you saw him before he died? ANNA: No, I cannot tell you that. 1:39:00 DAVID GRANOFF She did the best she could. // She had a lot to contend with. She had these barracuda lawyers. RUSTY HARDEN The best way I can think of to describe her as a victim is sort of like calling the Grand Canyon a ditch. You know, I mean, she was not a victim. She was a woman who took advantage of a situation, and she milked it for everything she could. After six days on the stand, Anna was frustrated and defiant. ANNA: Screw you Rusty. JOEY BARTOLOMEO She showed up one day in a T-shirt that said, Spoiled, on it. // and this was not sitting well with people. RUSTY HARDEN: What is that written across the top of your dress? ANNA: Spoiled. RUSTY: Pass the witness. After five-and-a-half long months, the jury in the Texas probate case decided to give Anna nothing. ERIC REDDING They all said because of her arrogant attitude that there was no way they were ever going to award her any money. 1:39:52 But Anna's legal battle wasn't over. A federal court had whittled down her California verdict of $450 million to about $90 million--still a hefty sum. But Pierce's lawyers convinced an appeals court that the whole matter belonged back in the Texas courts-again leaving Anna with nothing. Finally, in desperation, in 2005, Anna petitioned the U.S. Supreme Court.and to everyone's surprise, the justices agreed to hear her case. RUSTY HARDEN A charmed existence is probably a good way to describe it. // I mean, her being before the Supreme Court when she lost // before the Federal Court of Appeals, which we thought really would have killed the issue, um, is a fascinating development. ACT SIX 1:41:34 In August of 2002, it seemed like Anna Nicole Smith had faded from the public eye, when she got in bed with the E! Network, and began starring in a reality show about her daily life. FAIR USE: Anna Nicole Show clip She just kissed me all over! PEREZ HILTON It was freaks on wheels. It was must see television, because you thought you knew Anna Nicole before. We had no idea. 1:42:05 Viewers were shocked to see an Anna more outrageous and heavier than ever. GIULIANA DEPANDI I remember thinking at the time, // there is no way she is ever going to make a comeback. But millions tuned in for a look inside Anna's bizarre world. Whether she was holding eating contests, visiting strip clubs or arguing with her interior decorator, Bobby Trendy, she always had her lawyer, Howard K. Stern, and personal assistant Kimmy by her side. GIULIANA DEPANDI Kimmy would just look at her like she was God's gift to the earth. // She just worshipped Anna Nicole to the point where she got a tattoo of Anna Nicole on herself. // And that's very similar to the way // Howard Stern, her attorney, is. // She's got like her little cult following. PEREZ HILTON It got people talking about her again. It got her more work. It got her appearances. // She became busy again, for the first time in many, many years. Anna was back! The show garnered the highest ratings of any program on E!. 1:42:04 BOBBY TRENDY Anna has such a big following. They rerun her every day. Every day, I get comments on my Myspace -As to "Oh my God, is she really like that? Are you really like that?" After two seasons, the show finally ran out of steam and was cancelled. But Anna already had other plans. JOEY BARTOLOMEO Having seen herself on her own TV show, Anna realized how heavy she was, and decided she had to do something about her weight. NAT SOT: Y'know I just looked in the mirror and I'm like, God I am fat! ALEX GOEN Very quickly after the show, Howard K. Stern called the office and asked if he could get some Trim Spa for her. GIULIANA DEPANDI And then enter Trim Spa. // And some sort of voodoo maybe. A year after approaching Trim Spa, Anna had dropped at least 70 pounds. GIULIANA DEPANDI I don't know what happened, but suddenly here comes Anna Nicole Smith. She re-emerges with almost the same body as she used to have. BOBBY TRENDY I don't really know how she lost all that weight. It's a mystery to me, because she was like, 300 pounds, when she did the reality show. Then afterwards, she was like, a mere bone, at 120. And 20 of it were probably just boobs-- and nipples. 1:44:20 The incredible weight loss got Anna her next gig.as spokesmodel for Trimspa. TRIM SPA COMMERCIAL Anna, Anna how did you do it? Trimspa, baby! JOEY BARTOLOMEO When she re-emerged as a skinny person, once again people were interested in her. // She starred in commercials. She modeled in a Heatherette fashion show. NAT SOT: fashion show NAT SOT: Music/ Heatherette show PEREZ HILTON They are all about camp, and being cheeky, and Anna Nicole Smith is a camp icon. /// It was one of her big, first appearances with her new slim body, and she worked that runway. ALEX GOEN It was absolutely extraordinary. I think-- something like three fights broke bet-- between photographers trying to get that first picture. 1:45:07 From stripper to Playmate to grieving widow to cable queen, Anna Nicole Smith has always had an act. Now, the former pin-up had established herself as a pop culture icon. And once again, she was raising eyebrows everywhere.from MTV to the American Music Awards. PEREZ HILTON At the American Music Awards, Anna Nicole Smith came out to present an award and she was beyond loopy. NAT SOT: AMA Awards AMA AWARDS If I ever record an album, I want this guy to produce mine.make me beautiful duets! PEREZ HILTON C'mon a normal sober, sane person does not behave like that. It was a more subdued Anna Nicole Smith who appeared before the Supreme Court in 2006. In May, their unanimous decision gave her the right to press her claim again in federal court. GIULIANA DEPANDI I think that that decision // spoke volumes. // I mean, you got the highest court, you know, on your side pretty much. // I think she has a better shot this time around, getting that money. Just a month later the situation changed again when her stepson-and nemesis-E. Pierce Marshall unexpectedly died. SOT UP: Music over newspaper montage 1:46:24 But Marshall's death wasn't the only news story. In June 2006, Anna also announced that she was pregnant. The tabloids speculated that the father was former paparazzo Larry Birkhead. FAIR USE: Anna Nicole video FAIR USE: AnnaNicole.com video "Well, let me stop all the rumors. Yes, I am pregnant. I, uh, I'm happy." DAVE CAPLAN What's fascinating about Anna Nicole Smith is that she's a train wreck who's had her ups and downs. // And whenever she goes down, you know she is going to be reappearing in a comeback. DAVID GRANOFF You see her story-even if it's a repeat, you wanna see it again. You just wanna watch this girl. You wanna see her image. That's what makes her an icon. // There's nobody that is as interesting. There's nobody. GIULIANA DEPANDI I don't think we're quite done with Anna Nicole yet. Not yet. PROGRAM MASTER TIME CODE BRIEF VIDEO DESCRIPTION OF LOCATION LICENSER/ VENDOR NAME PROMOTIONAL RESTRICTIONS/ OTHER RESTRICTIONS OPTIONS/ FEES Time Code In TEASE 1 1:00:00 Still: ANS early modeling Eric Redding No Restrictions 2 1:00:00 Still: ANS Guess shot Guess, Inc. No Restrictions 3 1:00:01 Still: ANS on her back in Santa suit Eric Redding No Restrictions 4 1:00:02 Still: ANS pursing her lips Eric Redding No Restrictions 5 1:00:02 Interview with Perez Hilton ANP No Restrictions 6 1:00:03 Still: Polaroid shots of ANS Eric Redding No Restrictions 7 1:00:05 Still: ANS Guess photo Guess, Inc. No Restrictions 8 1:00:06 Interview with Giuliana DePandi ANP No Restrictions 9 1:00:07 Still: ANS Guess photo with guy Guess, Inc. No Restrictions 10 1:00:08 Still: ANS Eric Redding No Restrictions 11 1:00:09 Still: ANS in surf Eric Redding No Restrictions 12 1:00:10 Still: ANS laying on chair Guess, Inc. No Restrictions 13 1:00:10 Still: Guess Guess, Inc. No Restrictions 14 1:00:11 Still: ANS with straw in her mouth Guess, Inc. No Restrictions 15 1:00:12 Various still of ANS Guess, Inc. No Restrictions 16 1:00:12 Interview with Dave Caplan ANP No Restrictions 17 1:00:13 Still: ANS with hands in the air TRIMSPA No Restrictions 18 1:00:14 Still: ANS in pink dress Getty Images 52269164 No Print 19 1:00:15 Still: ANS in black dress looking drunk Globe 05947119 On air promo only 20 1:00:16 Still: ANS with Christian Audigier Christian Audigier No Restrictions 21 1:00:18 Still: ANS breasts with Getty Images stickers on them Getty Images 52270000 No Print 22 1:00:19 Still: ANS kissing girl Getty Images 53276570 No Print 23 1:00:21 Interview with Bobby Trendy ANP No Restrictions 24 1:00:25 Still: Heavy ANS in black dress Eric Redding No Restrictions 25 1:00:26 Still: Heavy ANS smiling with red lipstick Eric Redding No Restrictions 26 1:00:27 Interview with Eric Redding ANP No Restrictions 27 1:00:28 Still: ANS Houston PD mug shot Splash On air promo only 28 1:00:29 Still: Young ANS with blue eye makeup Eric Redding No Restrictions 29 1:00:31 Still: ANS Houston PD mug shot Splash On air promo only 30 1:00:32 Interview with Perez Hilton ANP No Restrictions 31 1:00:33 Still: ANS in red cowboy shirt and hat giving peace sign Corbis 325244 No Print 32 1:00:35 ANS dancing in Spectral Promo in bumpers only 33 1:00:36 ANS in car with her hands in the air Spectral Promo in bumpers only 34 1:00:38 Still: ANS growling at camera, bright red lipstick Globe 05947129 On air promo only 35 1:00:38 Still: ANS in black dress with short veil over her face Getty Images 2763507 No Print 36 1:00:39 Still: ANS posing in front of Lane Bryant sign Getty Images 202722 No Print 37 1:00:40 Interview with Perez Hilton ANP No Restrictions 38 1:00:41 Still: ANS in white dress, blue sky behind her Getty Images 51041654 No Print ACT ONE 1 1:01:00 Ext of Supreme Court building ABC No Restrictions 2 1:00:01 ANS waving her hands in white dress Getty Images 56961923 No Print 3 1:01:02 Still: ANS walking into court with Howard K. Stern Getty Images 56957708 No Print 4 1:01:05 Still: ANS being hounded by press Getty Images 56957669 No Print 5 1:01:07 Still: ANS being hounded by press with lawyer Getty Images 56955157 No Print 6 1:01:08 Still: ANS being hounded by press; hands up Getty Images 56955313 No Print 7 1:01:10 Still: ANS being hounded by press with lawyer Getty Images 56955151 No Print 9 1:01:14 Still: ANS in back of car Getty Images 56958009 No Print 10 1:01:16 GMA report with Robin Roberts ABC No Promo 11 1:01:21 ANS walking into court with lawyer KTRK No Restrictions 12 1:01:28 GMA report with Robin Roberts ABC No Restrictions 13 1:01:29 ANS walking into court with lawyer KTRK No Restrictions 14 1:01:32 ANS getting into car, reporters shouting questions KTRK No Restrictions 15 1:01:33 Still: ANS with J. Howard Marshall Eric Redding No Restrictions 16 1:01:39 Still: ANS walking into court with her lawyer Getty Images 56955294 No Print 17 1:01:41 Still: ANS walking into court with her lawyer Getty Images 56958682 No Print 18 1:01:42 Interview with Giuliana DePandi ANP No Restrictions 19 1:01:44 ANS in red dress posing for cameras ETS In Context promo 20 1:01:45 ANS kissing guy ETS In Context promo 21 1:01:45 ANS posing for cameras on red carpet ETS In Context promo 22 1:01:46 ANS ETS In Context promo 23 1:01:47 ANS ETS In Context promo 24 1:01:47 Interview with Giuliana DePandi ANP No Restrictions 25 1:01:47 Still: ANS laughing in black dress Getty Images 51312904 No Print 26 1:01:49 Still: ANS holding on to bars Photofest No Restrictions 27 1:01:50 Still: ANS as teen Eric Redding No Restrictions 28 1:01:52 Still: ANS school photo Melinda Hudson No Restrictions 29 1:01:53 Still: ANS's house growing up Eric Redding No Restrictions 30 1:01:54 Still: ANS in sunglasses and black dress Globe 07306962 On air promo only 31 1:01:56 Still: ANS making hissing face Globe 07306947 On air promo only 32 1:01:57 Still: ANS holding up hand showing off her ring Getty Images 664808 No Print 33 1:01:59 Still: ANS sitting next to J. Howard Marshall Corbis ZVF65867 No Print 34 1:02:01 Still: J. Howard Marshall in wheelchair Splash 071105B_07 On air promo only 35 1:02:04 Inside of strip club ABC No Restrictions 36 1:02:07 Still: B/W ANS Guess, Inc. No Restrictions 37 1:02:10 Interview with Eric Redding ANP No Restrictions 38 1:02:16 Interview with ANS 20/20/ABC No Restrictions 39 1:02:20 Still: ANS sitting next to J. Howard Marshall Corbis ZVF65867 No Print 40 1:02:22 Inside of strip club ABC No Restrictions 41 1:02:25 Interview with ANS 20/20/ABC No Restrictions 42 1:02:28 Inside of strip club ABC No Restrictions 43 1:02:32 Still: ANS in striped bathing suit Eric Redding No Restrictions 44 1:02:36 Interview with Eric Redding ANP No Restrictions 45 1:02:39 Still: Executive Suites ad with ANS Eric Redding No Restrictions 46 1:02:41 Interview with Eric Redding ANP No Restrictions 47 1:02:43 Still: B/W ANS covering her breasts Eric Redding No Restrictions 48 1:02:46 Still: ANS in Eric Redding No Restrictions 49 1:02:48 Interview with Joey Bartolomeo ANP No Restrictions 50 1:02:53 Interview with Melinda Hudson ANP No Restrictions 51 1:02:56 Various shots of jewelry ABC No Restrictions 52 1:02:59 Interview with Melinda Hudson ANP No Restrictions 53 1:03:02 Still: ANS in silver sparkle dress Eric Redding No Restrictions 54 1:03:05 Still: CU ANS, red nails on cheek Globe 06500185 On air promo only 55 1:03:08 Still: ANS pointing at diamond on her hand Globe 06500181 On air promo only 56 1:03:10 Interview with Eric Redding ANP No Restrictions 57 1:03:13 Interview with Perez Hilton ANP No Restrictions 58 1:03:20 Still: ANS in navy sparkle dress Globe 065000043 On air promo only 59 1:03:21 Still: ANS in 49'ers hat and JHM fishing Splash 071105A_01 On air promo only 60 1:03:23 Still: ANS kissing JHM Corbis ZVF78952 No Print 61 1:03:31 Interview with Eric Redding ANP No Restrictions 62 1:03:33 Still: JHM kissing ANS on cheek Eric Redding No Restrictions 63 1:03:39 Interview with Eric Redding ANP No Restrictions 64 1:03:42 Inside of strip club ABC No Restrictions 65 1:03:44 Still: B/W ANS covering her breasts Eric Redding No Restrictions 66 1:03:47 Still: BW ANS Eric Redding No Restrictions 67 1:03:50 Photo shoot Eric Redding No Restrictions 68 1:03:52 Photo shoot Eric Redding No Restrictions 69 1:03:54 Inside of strip club ABC No Restrictions 70 1:03:58 Still: ANS test shoot Eric Redding No Restrictions 71 1:04:00 Interview with Eric Redding ANP No Restrictions 72 1:04:03 Still: ANS with dancers Eric Redding No Restrictions 73 1:04:04 Still: ANS in red dress Eric Redding No Restrictions 74 1:04:06 Still: ANS test shoot Eric Redding No Restrictions 75 1:04:07 Still: ANS test shoot Eric Redding No Restrictions 76 1:04:09 Still: Nude Polaroid test photos Eric Redding No Restrictions 77 1:04:13 Still: ANS in provocative Santa suit Eric Redding No Restrictions 78 1:04:17 Still: ANS in provocative Santa suit, laying on her back Eric Redding No Restrictions 79 1:04:19 Interview with Joey Bartolomeo ANP No Restrictions 80 1:04:21 Still: ANS in provocative Santa suit Eric Redding No Restrictions 81 1:04:22 Still: ANS in provocative Santa suit Eric Redding No Restrictions 82 1:04:25 Interview with Joey Bartolomeo ANP No Restrictions 83 1:04:28 Interview with Perez Hilton ANP No Restrictions 84 1:04:32 Still: ANS test shots, white jumpsuit Eric Redding No Restrictions 85 1:04:34 Still: ANS test shoot Eric Redding No Restrictions 86 1:04:35 Interview with Perez Hilton ANP No Restrictions 87 1:04:36 Still: ANS with glasses posing with book sitting in a chair Eric Redding No Restrictions 88 1:04:37 March 1992 Playboy magazine cover Eric Redding No Restrictions 89 1:04:43 Still: Various ANS in provocative Santa suit Eric Redding No Restrictions 90 1:04:45 Still: ANS in white dress in front of convertible Getty Images 510416654 No Print 91 1:04:46 ANS in dress with cast on her hand ETS In Context promo 92 1:04:48 Various Playboy magazine covers ***N/A No Promo 93 1:04:52 Interview with David Caplan ANP No Restrictions 94 1:04:53 Still: Paul Marciano Guess Inc No Restrictions 95 1:04:55 Still: ANS Eric Redding No Restrictions 96 1:04:57 Still: ANS with hair covering her face and lips puckered Eric Redding No Restrictions 97 1:04:58 Interview with David Caplan ANP No Restrictions 98 1:05:00 Still: Anna and Paul Marciano Guess Inc. No Restrictions 99 1:05:02 Still: ANS Guess Guess Inc. No Restrictions 1 1:05:03 Still: ANS in white open blouse with her hands off to the side Corbis AAFK001869 No Print 2 1:05:06 Interview with David Caplan ANP No Restrictions 3 1:05:07 Still: ANS wearing big diamond earring with her head back Guess Inc No Restrictions 4 1:05:09 Still: ANS laying on stomach in white outfit Guess Inc No Restrictions 5 1:05:10 Still: ANS with guy wearing sombrero Guess Inc No Restrictions 6 1:05:12 Still: ANS with guy wearing sombrero Guess Inc No Restrictions 7 1:05:14 Still: ANS leaning back in water Guess, Inc. No Restrictions 8 1:05:17 Still: ANS with towel covering her Guess Inc No Restrictions 9 1:05:20 Still: B/W Anna Guess Inc No Restrictions 10 1:05:21 Still: Anna in white shirt and pearl necklace Guess Inc No Restrictions 11 1:05:25 Still: ANS sitting at table with men Guess Inc No Restrictions 12 1:05:27 Interview with Giuliana DePandi ANP No Restrictions 13 1:05:29 Still: ANS draped in diamonds with finger in her mouth Guess Inc No Restrictions 14 1:05:33 Still: ANS in low cut white dress Guess Inc No Restrictions 15 1:05:37 Still: ANS in black lingerie Guess Inc No Restrictions 16 1:05:39 Still: ANS with finger in her mouth Guess Inc No Restrictions 17 1:05:40 Interview with Joey Bartolomeo ANP No Restrictions 18 1:05:43 Still: Guess ad, hay in her mouth Guess Inc No Restrictions 19 1:05:45 Still: ANS on fence Guess Inc No Restrictions 20 1:05:48 Still: ANS in white shirt and jean shorts Globe 05947130 On air promo only 21 1:05:50 Still: ANS and Christian Audigier Christian Audigier No Restrictions 22 1:05:51 Still: ANS in pink dress with hands in the air Getty Images 51042155 No Print 23 1:05:52 Still: ANS with CA holding bottle of champagne Christian Audigier No Restrictions 24 1:05:53 Still: ANS and Christian Audigier Christian Audigier No Restrictions 25 1:05:54 Still: ANS making shh face Globe 05947118 On air promo only 26 1:05:55 Still: ANS at table with groups of people Christian Audigier No Restrictions 27 1:05:56 Still: ANS in black dress blowing kisses Globe 07744855 On air promo only 1:05:56 Still: ANS getting kiss on cheek by guy Globe 05947118 On air promo only 28 1:05:56 Still: ANS with Betsy Johnson Corbis 581823 No Print 29 1:05:56 Still: ANS in black dress with back arched Globe 0597120 No Restrictions 30 1:05:56 Still: ANS have in blue dress Globe 06521425 On air promo only 31 1:05:56 Still: ANS in sunglasses making face Globe 07084952 On air promo only 32 1:05:56 Still: ANS smiling with bright lipstick Photofest No Restrictions 33 1:05:57 Heavy Anna walking in blue dress "wait, wait I'm not fat" ETS In Context promo 34 1:06:04 Interview with Eric Redding ANP No Restrictions 35 1:06:11 Still: ANS heavy in dress, signing autograph Photofest No Restrictions 36 1:06:12 Still: ANS heavy in white dress with white scarf around her neck Globe 07005517 On air promo only 37 1:06:14 Interview with Giuliana DePandi ANP No Restrictions 38 1:06:15 Still: ANS b/w Guess Guess, Inc. No Restrictions 39 1:06:16 Still: ANS laying on chair in white outfit Guess, Inc. No Restrictions 40 1:06:18 Still: ANS with diamonds Guess, Inc. No Restrictions 41 1:06:19 Interview with Giuliana DePandi ANP No Restrictions 42 1:06:21 Still: ANS in movie To the Limit Photofest No Restrictions 43 1:06:22 Still: ANS in Hudsucker Proxy Photofest No Restrictions 44 1:06:23 Interview with Giuliana DePandi ANP No Restrictions 45 1:06:24 Interview with David Caplan ANP No Restrictions 46 1:06:25 ANS walking in velvet green sheer dress Spectral Promo in bumpers only 47 1:06:26 Interview with David Caplan ANP No Restrictions 48 1:06:28 ANS in blue crushed velvet dress waving to crowd ETS In Context promo 49 1:06:32 Interview with David Caplan ANP No Restrictions 50 1:06:33 Newspaper headlines ***N/A No Promo 51 1:06:34 Still: ANS in pink dress with hands in the air Corbis 590903 No Print 52 1:06:36 Still: ANS kissing woman Getty Images 53276570 No Print 53 1:06:38 Still: ANS Eric Redding No Restrictions 54 1:06:40 Still: ANS breasts, black and white lace dress Photofest No Restrictions 55 1:06:43 Interview with Joey Bartolomeo ANP No Restrictions 56 1:06:46 JHM in wheelchair Splash 071105B_07 On air promo only 57 1:06:48 Interview with Joey Bartolomeo ANP No Restrictions 58 1:06:51 ANS: "I hope your watching" showing off engagement ring Splash On air promo only 59 1:06:57 Still: ANS and JHM on wedding day Splash 071105A_11 On air promo only 60 1:07:02 Still: ANS kissing JHM Corbis ZVF78952 No Print 61 1:07:05 Still: ANS, bow in hair, and JHM smiling Corbis ZVF65867 No Print 62 1:07:09 Interview with David Caplan ANP No Restrictions 63 1:07:16 Still: JHM in wheelchair/ANS showing off ring Splash/Getty Images 664808 On air promo only 64 1:07:20 Interview with David Caplan ANP No Restrictions 65 1:07:23 Interview with Perez Hilton ANP No Restrictions 66 1:07:27 Still: ANS in wedding dress Splash 071105A_19 On air promo only 67 1:07:31 Interview with Perez Hilton ANP No Restrictions 68 1:07:37 Still: JHM squeezing ANS's cheek Eric Redding No Restrictions 69 1:07:40 Interview with ANS 20/20/ABC No Restrictions 70 1:07:58 ANS being hounded by photos in court hallway ETS In Context promo 71 1:08:02 Still: ANS scrunching her nose Globe 05947129 On air promo only 72 1:08:03 Clip from Politically Incorrect Fair Use No Promos 73 1:08:10 Still: E. Pierce Marsh on witness stand Corbis 309817-003 No Print 74 1:08:15 Still: JHM in wheelchair smiling Splash 071105A_06 On air promo only 75 1:08:17 Still: ANS kissing JHM Corbis ZVF78952 No Print 76 1:08:19 ANS on witness stand KTRK No Restrictions 77 1:08:21 E. Pierce Marshal in courtroom KTRK No Restrictions 78 1:08:23 Interview with Joey Bartolomeo ANP No Restrictions 79 1:08:32 Interview with David Caplan ANP No Restrictions 80 1:08:34 Still: ANS and son at JHM's memorial service Corbis AAFZ0016141 No Print 81 1:08:36 Still: JHM's casket and photo of he and Anna Corbis AAFZ0016138 No Print 82 1:08:38 Interview with David Caplan ANP No Restrictions 83 1:08:41 Still: ANS and JHM photo from his memorial service Corbis AAFZ0016138 No Print 84 1:08:43 Still: ANS in wedding dress at podium during memorial service Corbis 309680-001 No Print 85 1:08:46 Still: ANS weeping in wedding dress at memorial Corbis 309680-002 No Print 86 1:08:48 Interview with David Caplan ANP No Restrictions 87 1:08:51 Still: ANS at memorial service holding her sons hand Corbis AAFZ0016141 No Print 88 1:08:56 Still: JHM in wheelchair Splash 071105A_06 On air promo only 89 1:08:58 Still: JHM in wheelchair Splash 071105A_05 On air promo only 90 1:09:01 Interview with ANS 20/20/ABC No Restrictions 91 1:09:12 Interview with Joey Bartolomeo ANP No Restrictions 92 1:09:21 Lawsuit headlines ***N/A No Promos 93 1:09:29 ANS arriving at court with big curly hair KTRK No Restrictions 94 1:09:32 CU of spoiled written on ANS's shirt KTRK No Restrictions 95 1:09:35 Still: skinny ANS arrives court Getty Images 56955313 No Print 96 1:09:39 Anna in black and gold dress waving to crowd Spectral Promo in bumpers only 97 1:09:41 ANS on witness stand KTRK No Restrictions 98 1:09:43 E. Pierce Marshall in court KTRK No Restrictions 99 1:09:45 Interview with David Caplan ANP No Restrictions 1 1:09:46 Interview with Perez Hilton ANP No Restrictions 2 1:09:49 ANS on witness stand KTRK No Restrictions 3 1:09:50 ANS shouting on witness stand KTRK No Restrictions 4 1:09:51 ANS crying on witness stand KTRK No Restrictions 5 1:09:52 Interview with Perez Hilton ANP No Restrictions 6 1:09:55 ANS crying on witness stand KTRK No Restrictions 7 1:09:57 Interview with Perez Hilton ANP No Restrictions 8 1:10:02 Still: ANS with her hands on side of her face Globe 05947123 On air promo only ACT TWO 1 1:11:05 ANS in white dress Spectral Promo in bumpers only 2 1:11:06 Still: Guess ad Guess Inc. No Print 3 1:11:08 Still: JHM squeezing ANS's cheek Eric Redding No Print 4 1:11:10 ANS angry in witness stand KTRK No Print 5 1:11:11 ANS pointing finger on witness stand KTRK No Print 6 1:11:12 ANS walking into court KTRK No Print 7 1:11:13 Still: ANS heavy with blond curls Globe 069944239 On air promo only 8 1:11:15 Still: ANS in sparkly sunglasses Getty Images 51620670 No Print 10 1:11:18 Still: ANS walking with son Getty Images 51068926 No Print 11 1:11:19 Interview with Perez Hilton ANP No Restrictions 12 1:11:20 Still: ANS early test shot Eric Redding No Restrictions 13 1:11:22 Interview with Perez Hilton ANP No Restrictions 14 1:11:24 Still: ANS early test shot in blue sequence top Eric Redding No Restrictions 15 1:11:25 Interview with Perez Hilton ANP No Restrictions 16 1:11:26 ANS in red sequence dress waving her hands in the air ETS In Context promo 17 1:11:28 ANS in blue dress with her hands in her hair ETS In Context promo 18 1:11:31 Interview with Perez Hilton ANP No Restrictions 19 1:11:32 Still: ANS with red nails on side of face Getty Images 644808 No Print 20 1:11:34 Interview with Perez Hilton ANP No Restrictions 21 1:11:35 Still: ANS ring Getty Images 664808 No Print 22 1:11:36 Still: ANS diamonds Globe 06911236 On air promo only 23 1:11:37 Still: ANS flashing ring with Tony Curtis Getty Images 50733238 No Print 24 1:11:40 Still: ANS in blue sparkled dress Getty Images 50734590 No Print 25 1:11:42 Interview with Perez Hilton ANP No Restrictions 26 1:11:44 Still: ANS flashing ring Getty Images 664808 No Print 27 1:11:47 Still: ANS with guy n Guess ad Guess, Inc. No Restrictions 28 1:11:50 Still: ANS as little girl with short hair Melinda Hudson No Restrictions 29 1:11:52 Still: Young ANS leaning on her arms in front of b-day cake Melinda Hudson No Restrictions 30 1:11:56 Still: ANS school photo Melinda Hudson No Restrictions 31 1:11:58 Still: Family photo outside of home Melinda Hudson No Restrictions 32 1:12:01 Interview with David Caplan ANP No Restrictions 33 1:12:04 Still: Anna in front door of house Eric Redding No Restrictions 34 1:12:07 Still: ANS in white shirt and bangs Melinda Hudson No Restrictions 35 1:12:10 Still: Young ANS laying on bed making face Melinda Hudson No Restrictions 36 1:12:13 Interview with Giuliana DePandi ANP No Restrictions 37 1:12:14 Still: ANS in red shirt and feathered hair Melinda Hudson No Restrictions 38 1:12:17 Interview with Giuliana DePandi ANP No Restrictions 39 1:12:23 Still: Punk rock ANS Melinda Hudson No Restrictions 40 1:12:27 Still: ANS's mom on cop uniform Eric Redding No Restrictions 41 1:12:30 Still: ANS high school yearbook photo Eric Redding No Restrictions 42 1:12:33 Mexia town sign ABC No Restrictions 43 1:12:34 Streets of Mexia ABC No Restrictions 44 1:12:35 Kids walking around ABC No Restrictions 45 1:12:37 Interview with Melinda Hudson ANP No Restrictions 46 1:12:40 Still: Young ANS laying on bed making face Melinda Hudson No Restrictions 47 1:12:44 Still: ANS home Eric Redding No Restrictions 48 1:12:46 Streets of Mexia ABC No Restrictions 49 1:12:49 Interview with Melinda Hudson ANP No Restrictions 50 1:12:50 Still: Anna in front door of house Eric Redding No Restrictions 51 1:12:51 Still: ANS with big hair and white dress Splash 010802_11 On air promo only 52 1:12:53 Main street sign ABC No Restrictions 53 1:12:56 Still: Marilyn Monroe Photofest No Restrictions 54 1:12:58 Still: Marilyn Monroe, Seven year Itch Photofest No Restrictions 55 1:13:00 Interview with Melinda Hudson ANP No Restrictions 56 1:13:02 Still: Punk rock ANS Melinda Hudson No Restrictions 57 1:13:03 Interview with Melinda Hudson ANP No Restrictions 58 1:13:08 Still: ANS high school yearbook photo Eric Redding No Restrictions 59 1:13:09 Still: skinny ANS in black dress Getty Images 51048559 No Print 60 1:13:11 Streets of Mexia ABC No Restrictions 61 1:13:17 Ext. of Jim's Krispy Fried Chicken ABC No Restrictions 62 1:13:20 Still: Billy Wayne Smith ABC No Restrictions 63 1:13:23 Interview with Joey Bartolomeo ANP No Promo 64 1:13:28 Still: ANS and BWS wedding photo Splash On air promo only 65 1:13:30 Still: ANS eating cake Splash 071105A_17 On air promo only 66 1:13:33 Interview with Melinda Hudson ANP No Promo 67 1:13:36 Still: Family photo with baby Eric Redding No Promo 68 1:13:40 Still: Billy Wayne Smith Getty Images 51042055 No Print 69 1:13:43 Interview with Melinda Hudson ANP No Promo 70 1:13:47 Still: BWS holding plaid shirt Splash 010802_16 On air promo only 71 1:13:50 Still: Daniel in striped shirt and ANS in white dress Splash 010802_18 On air promo only 72 1:13:55 Interview with David Caplan ANP No Promo 73 1:13:58 Still: ANS in white dress Splash 010802_15 On air promo only 74 1:14:00 Still: ANS with blue eyeliner and feathered hair Eric Redding No Restrictions 75 1:14:01 POV in car ABC No Promo 76 1:14:08 Hotel sign ABC No Promo 77 1:14:10 Flashing lights ABC No Restrictions 78 1:14:12 Exotic dancer neon sign ABC No Restrictions 79 1:14:15 Interview with ANS 20/20/ABC No Restrictions 80 1:14:35 Still: ANS black and white covering her breasts Eric Redding No Restrictions 81 1:14:36 Interview with ANS 20/20/ABC No Restrictions 82 1:14:37 Inside of strip club ABC No Restrictions 83 1:14:38 Still: Executive Suites ad Eric Redding No Restrictions 84 1:14:39 Inside of strip club ABC No Restrictions 85 1:14:45 Interview with ANS 20/20/ABC No Restrictions 86 1:14:52 Inside of strip club ABC No Restrictions 87 1:14:56 Interview with ANS 20/20/ABC No Restrictions 88 1:15:02 Still: ANS b/w Eric Redding No Restrictions 89 1:15:06 Inside of strip club ABC No Restrictions 90 1:15:14 Interview with Joey Bartolomeo ANP No Restrictions 91 1:15:20 Still: ANS smirking with red background Eric Redding No Restrictions 92 1:15:24 Strippers dancing on pole ABC No Restrictions 93 1:15:25 Interview with Giuliana DePandi ANP No Restrictions 94 1:15:27 Flashes of photos Eric Redding No Restrictions 95 1:15:32 Still: ANS in Santa suit on her back Eric Redding No Restrictions 96 1:15:33 Interview with Eric Redding ANP No Restrictions 97 1:15:34 Still: ANS in Santa suit Eric Redding No Restrictions 98 1:15:35 Flashes of ANS early photos Eric Redding Eric Redding 99 1:15:45 Still: ANS Eric Redding No Restrictions 1 1:15:47 Strip club ABC No Restrictions 2 1:15:49 Strip club/strobe lights ABC No Restrictions 3 1:15:55 Interview with Perez Hilton ANP No Restrictions 4 1:15:56 Still: Executive Suites ad with ANS Eric Redding No Restrictions 5 1:16:04 Interview with Eric Redding ANP No Restrictions 6 1:16:05 Still: ANS cute look Eric Redding No Restrictions 7 1:16:06 Strip club/strobe lights/dancers ABC No Restrictions 8 1:16:14 Still: JHM in wheelchair Splash On air promo only 9 1:16:18 Interview with Eric Redding ANP No Restrictions 10 1:16:21 Still: ANS in 49'ers hat and JHM fishing Splash 071105A_01 On air promo only 11 1:16:27 Interview with Eric Redding ANP No Restrictions 12 1:16:29 JHM in wheelchair and ANS Splash/Eric Redding On air promo only 13 1:16:33 Still: Young JHM Houston Public Library No Restrictions 14 1:16:38 Still: JHM at desk in chair wearing glasses Getty Images 772626 No Print 15 1:16:39 Still: ANS Houston PD mug shot Splash Splash On air promo only 16 1:16:42 Strip club dancers, stilettos ABC No Restrictions 17 1:16:51 Interview with Eric Redding ANP No Restrictions 18 1:16:54 Interview with Joey Bartolomeo ANP No Restrictions 19 1:17:07 Still: ANS nude Eric Redding No Restrictions 20 1:17:08 Still: JHM in wheelchair Splash 071105B_06 On air promo only 21 1:17:12 Still: JHM in wheelchair Splash 071105B_04 On air promo only 22 1:17:18 Interview with Joey Bartolomeo ANP No Restrictions 23 1:17:22 Interview with Betty Morgan ABC/Primetime No Restrictions 24 1:17:31 Still: ANS, bow in hair, and JHM smiling Corbis ZVF65867 No Print 25 1:17:34 Strip club dancers, money ABC No Restrictions 26 1:17:39 Interview with Eric Redding ANP No Restrictions 27 1:17:43 Still: ANS, bow in hair kissing JHM Corbis ZVF78952 No Print 28 1:17:46 Interview with Eric Redding ANP No Restrictions 29 1:17:52 Still: JHM kissing ANS on cheek Eric Redding No Restrictions 30 1:17:56 Interview with Eric Redding ANP No Restrictions 31 1:18:02 Still: ANS, bow in hair, and JHM smiling Corbis ZVF65867 No Print 32 1:18:10 Interview with ANS 20/20/ABC No Restrictions 33 1:18:17 Still: ANS in white dress, blue sky behind her Getty Images ZVF65867 No Print ACT THREE 1 1:19:20 Still: ANS in black dress, young Eric Redding No Restrictions 2 1:19:22 Still: Young ANS Eric Redding No Restrictions 3 1:19:24 Strobe lights, stripper ABC No Restrictions 4 1:19:31 Photo shoot ABC No Restrictions 5 1:19:36 Still: ANS test shot Eric Redding No Restrictions 6 1:19:39 Interview with Eric Redding ANP No Restrictions 7 1:19:40 Still: ANS Houston PD mug shot Splash On air promo only 8 1:19:45 Still: ANS blue eye makeup Eric Redding No Restrictions 9 1:19:44 Interview with Eric Redding ANP No Restrictions 10 1:19:51 Still: ANS Houston PD mug shot Splash On air promo only 11 1:19:55 Still: ANS test shot Eric Redding No Restrictions 12 1:19:57 Still: ANS test shot Eric Redding No Restrictions 13 1:19:59 Still: ANS naked test shot Eric Redding No Restrictions 14 1:20:02 Interview with Perez Hilton ANP No Restrictions 15 1:20:04 Still: ANS naked test shot Eric Redding No Restrictions 16 1:20:05 Still: ANS naked test shot Eric Redding No Restrictions 17 1:20:07 Interview with Eric Redding ANP No Restrictions 18 1:20:11 Still: ANS topless, playboy bunny Eric Redding No Restrictions 19 1:20:12 Still: ANS outside Eric Redding No Restrictions 20 1:20:13 Still: ANS test shot Eric Redding No Restrictions 21 1:20:14 Still: ANS naked test shot Eric Redding No Restrictions 22 1:20:15 Still: ANS naked test shot Eric Redding No Restrictions 23 1:20:16 Still: ANS naked test shot Eric Redding No Restrictions 24 1:20:18 Still: ANS naked test shot Eric Redding No Restrictions 25 1:20:22 Ext. of Playboy mansion ABC No Restrictions 26 1:20:23 Playmates walking down stairs ABC No Restrictions 27 1:20:24 Still: Various ANS in Santa suits Eric Redding No Restrictions 28 1:20:27 Interview with Eric Redding ANP No Restrictions 29 1:20:31 Interview with Dave Caplan ANP No Restrictions 30 1:20:34 Still: ANS in black glitter dress Eric Redding No Restrictions 31 1:20:36 Playboy magazine cover Fair use No Promo 32 1:20:40 Interview with Dave Caplan ANP No Restrictions 33 1:20:42 Still: Various ANS in Santa suits Eric Redding No Restrictions 34 1:20:43 Interview with Joey Bartolomeo ANP No Restrictions 35 1:20:46 Still: ANS reading book in red lingerie Eric Redding No Restrictions 36 1:20:48 Interview with Eric Redding ANP No Restrictions 37 1:20:53 Still: ANS posing next to Playboy magazine Eric Redding No Restrictions 38 1:20:58 Still: various ANS in white dress Getty Images 51041653 No Print 39 1:21:00 March 1992 Playboy magazine cover Fair use No Promo 40 1:21:02 Still: ANS in sparkle dress Globe On air promo only 41 1:21:06 Interview with Joey Bartolomeo ANP No Restrictions 42 1:21:11 June 1993 Playboy magazine cover Fair Use No Promo 43 1:21:14 Still: ANS holding Playmate of the Year issue Globe On air promo only 44 1:21:14 Interview with Melinda Hudson ANP No Restrictions 45 1:21:24 Playboy calendar Eric Redding No Restrictions 46 1:21:27 Still: Executive Suites ad Eric Redding No Restrictions 47 1:21:29 Still: ANS holding magazine Globe On air promo only 48 1:21:32 ANS in beige colored low cut dress ETS In Context promo 49 1:21:36 Still: Paul Marciano Guess, Inc. No Restrictions 50 1:21:39 Interview with Perez Hilton ANP No Restrictions 51 1:21:46 Still: Claudia Schiffer Guess ad Guess, Inc. No Restrictions 52 1:21:48 Still: Eva Herzigova Guess as Guess, Inc. No Restrictions 53 1:21:50 Still: Claudia Schiffer Guess ad Guess, Inc. No Restrictions 54 1:21:54 Still: Eva Herzigova Guess as Guess, Inc. No Restrictions 55 1:21:57 Interview with Monique Pillard ANP No Restrictions 56 1:22:00 Still: Eva Herzigova Guess as Guess, Inc. No Restrictions 57 1:22:03 Interview with Monique Pillard ANP No Restrictions 58 1:22:05 Still: Paul Marciano Guess, Inc. No Restrictions 59 1:22:07 Interview with Monique Pillard ANP No Restrictions 60 1:22:08 Still: Various ads with ANS Guess, Inc. No Restrictions 61 1:22:10 Still: ANS and Paul Marciano Guess, Inc. No Restrictions 62 1:22:14 Still: ANS ad Guess, Inc. No Restrictions 63 1:22:18 Interview with ANS 20/20/ABC No Restrictions 64 1:22:28 Still: ANS Guess ads Guess, Inc. No Restrictions 65 1:22:32 Still: ANS getting make up touch up Corbis No Print 66 1:22:34 Still: ANS cowgirl Corbis No Print 67 1:22:36 Still: ANS in white shirt and pearls Corbis No Print 68 1:22:38 Still: ANS in white shirt and pearls, hands out to the side Corbis No Print 69 1:22:40 Interview with Eric Redding ANP No Restrictions 70 1:22:45 Still: ANS at table of men Guess, Inc. No Restrictions 71 1:22:47 Still: ANS with hands in the air Guess, Inc. No Restrictions 72 1:22:49 Interview with Eric Redding ANP No Restrictions 73 1:22:52 ANS in beige dress kissing Pauly Shore ETS In Context promo 74 1:22:54 Still: ANS laying on chair Guess, Inc. No Restrictions 75 1:22:57 Still: ANS leaning back in water Guess, Inc. No Restrictions 76 1:22:59 Still: ANS looking as guy going in for a kiss on her cheek Guess, Inc. No Restrictions 77 1:23:00 Still: Guess ad Guess, Inc. No Restrictions 78 1:23:03 Interview with Monique Pillard ANP No Restrictions 79 1:23:07 Still: ANS Guess, Inc. No Restrictions 80 1:23:08 Still: ANS in sparkle dress Guess, Inc. No Restrictions 81 1:23:11 Interview with Monique Pillard ANP No Restrictions 82 1:23:13 Still: Guess ad Guess, Inc. No Restrictions 83 1:23:16 Interview with Monique Pillard ANP Guess, Inc. No Restrictions 84 1:23:17 Still: ANS puckering for the camera Globe 06500056 On air promo only 85 1:23:18 Still: ANS blowing kisses Globe 06500171 On air promo only 86 1:23:20 Still: ANS red lipstick Globe 06500037 On air promo only 87 1:23:22 Still: ANS at book signing Globe 06510575 On air promo only 88 1:23:23 ANS on red carpet ETS In Context promo 89 1:23:26 Interview with Melinda Hudson ANP No Restrictions 90 1:23:28 Still: ANS with Kareem Abdul Jabar Corbis AAFK001867 No Print 91 1:23:30 Still: ANS in red dress Globe 06500032 On air promo only 92 1:23:33 Interview with David Granoff ANP No Restrictions 93 1:23:35 ANS in Singapore BBC No Promos 94 1:23:38 Fans BBC No Promos 95 1:23:41 Interview with David Granoff ANP No Restrictions 96 1:23:45 Interview with Melinda Hudson ANP No Restrictions 97 1:23:52 Still: ANS making frustrated face with arms out to side Getty Images 1145141 No Print 98 1:23:54 Still: Wacky Anna Globe 05947119 On air promo only 99 1:23:56 Still: Anna making face Globe 06510575 On air promo only 1 1:23:58 Still: ANS and Christian Audigier drinking champagne Christian Audigier No Restrictions 2 1:24:03 Still: Anna Christian Audigier No Restrictions 3 1:24:05 Still: ANS and Christian Audigier Christian Audigier No Restrictions 4 1:24:06 Interview with Eric Redding ANP No Restrictions 5 1:24:07 Still: ANS and Christian Audigier Christian Audigier No Restrictions 6 1:24:10 ANS in red carpet dancing Spectral Promo in bumpers only 7 1:24:13 Still: ANS grabbing guys face Getty Images 1145139 No Print 8 1:24:15 Interview with Joey Bartolomeo ANP No Restrictions 9 1:24:16 Still: ANS kissing girl Getty Images 53276570 No Print 10 1:24:17 Still: ANS and Christian with flowers Christian Audigier No Restrictions 11 1:24:18 Still: ANS making shh face Globe 05947118 On air promo only 12 1:24:19 Still: ANS and CA Christian Audigier No Restrictions 13 1:24:19 Still: ANS arching her back Globe 0597120 No Restrictions 14 1:24:20 Still: ANS making face in white dress Globe 07005514 On air promo only 15 1:24:21 Still: ANS with Betsy Johnson Corbis 581823 No Print 16 1:24:21 Interview with Eric Redding ANP No Restrictions 17 1:24:23 Still: ANS kissing Christian Christian Audigier No Restrictions 18 1:24:25 Still: ANS dancing Getty Images 51042155 No Print 19 1:24:26 Still: ANS and Eric Redding Eric Redding No Restrictions 20 1:24:30 Still: ANS in white dress Eric Redding No Restrictions 21 1:24:34 Interview with Eric Redding ANP No Restrictions 22 1:24:37 Still: ANS in black gloves covering breasts Eric Redding No Restrictions 23 1:24:39 Still: covered breasts Getty 780351 No Print 24 1:24:40 Interview with Eric Redding ANP No Restrictions 25 1:24:41 Interview with Joey Bartolomeo ANP No Restrictions 26 1:24:47 Still: ANS with Betsy Johnson Corbis 581823 No Print 27 1:24:48 Still: ANS grabbing guys face Getty Images 1145139 No Print ACT FOUR 1 1:25:51 Still: ANS striped shirt Getty Images 51041654 No Print 2 1:25:52 Still: ANS Guess as Getty Images 51041653 No Print 3 1:25:53 Still: ANS Santa suit Eric Redding No Restrictions 4 1:25:55 Still: ANS in white dress and car Getty Images 51041655 No Print 5 1:25:58 Still: ANS in Hudsucker Proxy Photofest No Restrictions 6 1:26:02 Still: Paul Newman and Tim Robbins Photofest No Restrictions 7 1:26:04 Still: Tim Robbins Photofest No Restrictions 8 1:26:05 Clip from The Hudsucker Proxy Fair Use No Promo 9 1:26:13 Still: Leslie Nielsen and ANS Photofest No Restrictions 10 1:26:16 Still: ANS Photofest No Restrictions 11 1:26:19 Clip from The Naked Gun Fair Use No Promo 12 1:26:28 Interview with Joey Bartolomeo ANP No Restrictions 13 1:26:33 Still: ANS in To the Limit Photofest No Restrictions 14 1:26:36 Still: ANS in To the Limit Photofest No Restrictions 15 1:26:39 Clip from Skyscraper Fair Use No Promo 16 1:26:57 Interview with Perez Hilton ANP No Restrictions 17 1:27:00 Interview with Joey Bartolomeo ANP No Restrictions 18 1:27:06 Still: ANS with gun Photofest No Restrictions 19 1:27:08 Still: ANS red lipstick Globe 06500169 On air promo only 20 1:27:10 Still: ANS looking frustrated Getty Images 1145141 No Print 21 1:27:11 Still: ANS with guy Getty Images 1145139 No Print 22 1:27:12 Headlines ***N/A No Promos 23 1:27:20 ANS walking ABC No Restrictions 24 1:27:23 Still: Maria Cerratta Eric Redding No Restrictions 25 1:27:27 Interview with Eric Redding ANP No Restrictions 26 1:27:30 Still: ANS laying Christian Audigier No Restrictions 27 1:27:31 Still: ANS making shh face Globe 05947118 On air promo only 28 1:27:32 Still: ANS kissing girl Getty Images 53276570 No Print 29 1:27:33 Interview with Eric Redding ANP No Restrictions 30 1:27:38 Press hounding ANS ETS In Context promo 31 1:27:41 Still: ANS is red dress against wall Getty Images 850297 No Print 32 1:27:43 Still: ANS in black dress with back arched Globe 0597120 On air promo only 33 1:27:46 Still: ANS making face in black dress Globe 0597119 On air promo only 34 1:27:48 Still: ANS and Christian Audigier Getty 850297 No Print 35 1:27:49 Still: ANS Guess Guess, Inc. No Restrictions 36 1:27:54 Interview with Perez Hilton ANP No Restrictions 37 1:27:55 Still: various ANS Guess ads Guess, Inc. No Restrictions 38 1:27:58 Interview with Perez Hilton ANP No Restrictions 39 1:28:02 Star magazine headline ***N/A No Promo 40 1:28:03 People magazine headline ***N/A No Promo 41 1:28:08 Still: ANS in low cut blue dress Globe 06500041 On air promo only 42 1:28:10 Still: ANS at microphone Getty Images 51042154 No Print 43 1:28:11 Still: ANS in red dress looking sad Getty Images 52198914 No Print 44 1:28:15 Streets of Mexia ABC No Restrictions 45 1:28:17 Texas and American flags waving ABC No Restrictions 46 1:28:18 Still: JHM in wheelchair Splash 071105B On air promo only 47 1:28:23 Still: ANS, bow in hair, and JHM smiling Corbis ZVF65867 No Print 48 1:28:26 Interview with Elaine Tabers Primetime/ABC No Restrictions 49 1:28:30 Interview with ANS 20/20/ABC No Restrictions 50 1:28:41 Still: ANS and JHM Eric Redding No Restrictions 51 1:28:46 Still: ANS showing off ring Getty Images 50719314 No Print 52 1:28:51 Still: ANS and JHM wedding Splash 071105B_07 On air promo only 53 1:28:57 Interview with ANS 20/20/ABC No Restrictions 54 1:28:59 Still: JHM wedding crying Splash 071105A_04 On air promo only 55 1:29:06 Interview with ANS 20/20/ABC No Restrictions 56 1:29:22 Still: ANS and JHM wedding Splash 071105A_19 On air promo only 57 1:29:26 Still: ANS and JHM smiling on wedding day Splash 071105A_11 On air promo only 58 1:29:29 Still: JHM on wedding day in wheelchair Splash 071105A_02 On air promo only 59 1:29:32 Still: ANS eating cake Splash 071105A_17 On air promo only 60 1:29:35 Interview with Eric Redding ANP No Restrictions 61 1:29:39 Still: Various test shots Eric Redding No Restrictions 62 1:29:40 Interview with Eric Redding ANP No Restrictions 63 1:29:41 Still: ANS eating cake Splash 071105A_17 On air promo only 64 1:29:42 Interview with Eric Redding ANP No Restrictions 65 1:29:44 Still: ANS Splash 071105A_33 On air promo only 66 1:29:46 Still: ANS and JHM on wedding day Splash 071105A_05 On air promo only 67 1:29:49 Interview with Joey Bartolomeo ANP No Restrictions 68 1:29:51 Headlines about wedding ***N/A No Promo 69 1:29:57 Still: ANS at photo shoot Eric Redding No Restrictions 70 1:30:02 Interview with Eric Redding ANP No Restrictions 71 1:30:04 Still: Anna and Pierre on beach Eric Redding No Restrictions 72 1:30:07 Still: Anna and Pierre on couch Eric Redding No Restrictions 73 1:30:09 Interview with Eric Redding ANP No Restrictions 74 1:30:12 Still: Anna and Pierre kissing Eric Redding No Restrictions 75 1:30:14 Still: Anna and Pierre Eric Redding No Restrictions 76 1:30:16 Still: Anna and Pierre Eric Redding No Restrictions 77 1:30:19 ANS talking to reporters ETS In Context promo 78 1:30:21 ANS on red carpet ETS In Context promo 79 1:30:24 Interview with Eyvonne Scurlock Primetime/ABC No Restrictions 80 1:30:27 Still: JHM in wheelchair Splash 071105A_04 On air promo only 81 1:30:33 Still: Anna and Pierre by pool Eric Redding No Restrictions 82 1:30:35 Interview with Eyvonne Scurlock Primetime/ABC No Restrictions 83 1:30:37 Interview with Elaine Tabers Primetime/ABC No Restrictions 84 1:30:40 ANS waving to cameras Spectral Promo in bumpers only 85 1:30:42 Still: ANS showing off ring Getty Images 664808 No Print 86 1:30:44 Still: ANS flashing ring with Tony Curtis Getty Images 50733238 No Print 87 1:30:47 Interview with Elaine Tabers Primetime/ABC No Restrictions 88 1:30:48 Interview with Eyvonne Scurlock Primetime/ABC No Restrictions 89 1:30:51 Still: ANS in blue sparkle dress Getty Images 50734590 No Print 90 1:30:54 Still: ANS in back of limo Getty Images 57579034 No Print 91 1:30:58 Interview with Betty Morgan ABC/Primetime No Restrictions 92 1:31:00 Still: ANS and JHM wedding Splash 071105A_19 On air promo only 93 1:31:03 Still: ANS leaning on JHM looking miserable Splash 071105A_03 On air promo only 94 1:31:09 Interview with Elaine Tabers Primetime/ABC No Restrictions 95 1:31:20 Still: ANS in 49'ers hat and JHM fishing Splash 071105A_01 On air promo only 96 1:31:27 Still: ANS blowing kiss at camera Globe 07744855 On air promo only 97 1:31:30 Still: JHM kissing ANS on cheek Eric Redding No Restrictions 98 1:31:33 Interview with Betty Morgan ABC/Primetime No Restrictions 99 1:31:38 Still: ANS covering her bare breasts Getty Images 780351 No Print 1 1:31:40 Tape recorder ABC No Restrictions 2 1:31:45 Interview with Betty Morgan ABC/Primetime No Restrictions 3 1:31:47 Still: Nude test shot of ANS Eric Redding No Restrictions 4 1:31:49 Still: JHM in wheelchair Splash 071105A_06 On air promo only 5 1:31:52 Interview with Betty Morgan ABC/Primetime No Restrictions 6 1:31:54 Still: Various Santa suit Eric Redding No Restrictions 7 1:31:55 Still: ANS and JHM wedding Splash 071105A_04 On air promo only 8 1:31:59 Still: ANS flashing ring Getty 50734586 No Print 9 1:32:01 Still: JHM in wheelchair Splash 071105A_06 On air promo only 10 1:32:09 Interview with Betty Morgan ABC/Primetime No Restrictions 11 1:32:12 Still: JHM in wheelchair Splash 071105A_04 On air promo only 12 1:32:14 Interview with Betty Morgan ABC/Primetime No Restrictions 13 1:32:16 Still: ANS test shot Eric Redding No Restrictions 14 1:32:20 Interview with Betty Morgan ABC/Primetime No Restrictions 15 1:32:23 Still: ANS eating cake Splash 071105A_17 On air promo only ACT FIVE 1 1:33:28 Still: JHM in wheelchair Splash 071105A_06 On air promo only 2 1:33:32 Headlines ***N/A No Promos 3 1:33:35 Still: JHM in wheelchair Splash 071105A_04 On air promo only 4 1:33:36 Still: ANS and JHM funeral Corbis AAFZ001638 No Print 5 1:33:40 Still: ANS grieving at funeral Splash AAFZ001639 On air promo only 6 1:33:42 Interview with Anna Nicole Smith 20/20/ABC No Restrictions 7 1:33:43 Still: ANS grieving at funeral Splash AAFZ001642 On air promo only 8 1:33:46 Interview with Anna Nicole Smith 20/20/ABC No Restrictions 9 1:33:53 Interview with Perez Hilton ANP No Restrictions 10 1:33:57 Still: ANS flashing ring Globe 06500181 On air promo only 11 1:33:58 Still: ANS in back of car Getty Images 57579034 No Print 12 1:33:59 Still: ANS and JHM funeral Corbis AAFZ001638 No Print 13 1:34:02 Still: ANS Getty Images 50719307 No Print 14 1:34:06 Still: Pierce Marshall outside courthouse Corbis 309817 No Print 15 1:34:09 Still: ANS in velvet beige dress Globe 07311497 On air promo only 16 1:34:12 Still: ANS in red dress looking sad Getty Images 52198914 No Print 17 1:34:15 Interview with David Granoff ANP No Restrictions 18 1:34:18 Still: ANS with son carrying dog Getty 909587 No Print 19 1:34:23 Still: ANS in glasses, dressed up Globe 06808903 On air promo only 20 1:34:25 Still: ANS in glasses, dressed up Globe 06808905 On air promo only 21 1:34:27 Still: ANS looking terrible Globe 06711938 On air promo only 22 1:34:30 Still: ANS in red shirt and glasses Photofest No Restrictions 23 1:34:31 Still: Chunky AND Photofest No Restrictions 24 1:34:34 Still: ANS in black gown with veil Getty Images 2763507 No Print 25 1:34:36 Still: ANS in black gown with veil Getty Images 2763511 No Print 26 1:34:38 Interview with Perez Hilton ANP No Restrictions 27 1:34:41 Still: ANS making shh face Globe 05947118 On air promo only 28 1:34:43 Interview with Perez Hilton ANP No Restrictions 29 1:34:47 Still: ANS with champagne glass Christian Audigier No Restrictions 30 1:34:49 Still: ANS eating pasta Splash 130902_03 On air promo only 31 1:34:51 Still: ANS with champagne bottle Christian Audigier No Restrictions 32 1:34:53 Still: ANS with champagne glass Christian Audigier No Restrictions 33 1:34:55 Still: ANS Eric Redding No Restrictions 34 1:34:58 Still: ANS with short curly hair Getty 51620763 No Print 35 1:35:01 Still: ANS curls Globe 06944239 On air promo only 36 1:35:04 Still: Walking into court with son Getty Images 51068926 No Print 37 1:35:06 Still: ANS in sparkle sunglasses Getty Images 51620670 No Print 38 1:35:08 Still: ANS in sparkle sunglasses Getty Images 51620670 No Print 39 1:35:12 Pierce Marshal getting into car ABC No Restrictions 40 1:35:18 Interview with ANS 20/20/ABC No Restrictions 41 1:35:21 Still: JHM kissing ANS's cheek Eric Redding No Restrictions 42 1:35:22 Interview with ANS 20/20/ABC No Restrictions 43 1:35:25 Interview with Rusty Hardin ABC No Restrictions 44 1:35:27 Still: ANS at court Getty Images 51620764 No print 45 1:35:32 Interview with Rusty Hardin ABC No Restrictions 46 1:35:35 Still: ANS and reporters Getty Images 782580 No Print 47 1:35:39 Still: ANS and diamonds Globe 036944236 On air promo only 48 1:35:42 Lane Bryant modeling session Lane Bryant No Restrictions 49 1:35:44 Still: Anna and wild hair Globe 06733360 No Print 50 1:35:46 Still: ANS Lane Bryant Corbis 202722 No Print 51 1:35:49 ANS in Lane Bryant fashion show Lane Bryant No Restrictions 52 1:35:51 Interview with Perez Hilton ANP No Restrictions 53 1:35:55 Lane Bryant modeling session Lane Bryant No Restrictions 54 1:35:56 ANS in Lane Bryant fashion show Lane Bryant No Restrictions 55 1:35:59 Interview with Perez Hilton ANP No Restrictions 56 1:36:00 Interview with David Caplan ANP No Restrictions 57 1:36:04 Lane Bryant modeling session Lane Bryant No Restrictions 58 1:36:06 Still: ANS Lane Bryant Getty Images 51588698 No Print 59 1:36:11 Still: ANS and photographers Getty Images 1036431 No Print 60 1:36:15 Still: ANS and photographers Getty Images 782580 No Print 61 1:36:18 Still: ANS walking in to court with her son and Stern Getty Images 10306435 No Print 62 1:36:22 Still: ANS waving from car Getty Images 782586 No Print 63 1:36:24 ABC news report ABC No Restrictions 64 1:36:33 Interview with Phillip Boesch ABC No Restrictions 65 1:36:42 Still: ANS outside courthouse Getty Images 1306439 No Print 66 1:36:45 Still: ANS and JHM wedding Splash 071105A_11 On air promo only 67 1:36:51 Still: Pierce Marshall on witness stand Corbis 309817-003 No Print 68 1:36:55 Rusty and Pierce Walking into court KTRK No Restrictions 69 1:37:01 ANS walking into courtroom KTRK No Restrictions 70 1:37:04 Rusty in court KTRK No Restrictions 71 1:37:07 ANS on stand crying KTRK No Restrictions 72 1:37:12 Interview with Rusty Hardin ABC No Restrictions 73 1:37:18 ANS on stand, Rusty approaches KTRK No Restrictions 74 1:37:19 Interview with Rusty Hardin ABC No Restrictions 75 1:37:21 ANS on stand KTRK No Restrictions 76 1:37:34 Rusty KTRK No Restrictions 77 1:37:35 ANS on stand 'how she spends her money' KTRK No Restrictions 78 1:37:49 ANS on stand KTRK No Restrictions 79 1:37:51 Interview with Joey Bartolomeo ANP No Restrictions 80 1:37:53 Various shots of ANS on witness stand KTRK No Restrictions 81 1:37:55 Interview with Joey Bartolomeo ANP No Restrictions 82 1:37:56 ANS on stand "We had sex" KTRK No Restrictions 83 1:38:06 Interview with Rusty Hardin ABC No Restrictions 84 1:38:13 ANS on stand "choke to death" KTRK No Restrictions 85 1:38:33 Rusty KTRK No Restrictions 86 1:38:36 WS of courtroom KTRK No Restrictions 87 1:38:40 ANS on stand "last time she saw him before he died" KTRK No Restrictions 88 1:39:00 WS of courtroom, Anna rubbing her head KTRK No Restrictions 89 1:39:03 Interview with David Granoff ANP No Restrictions 90 1:39:06 Interview with Rusty Hardin ABC No Restrictions 91 1:39:19 ANS walking in to court KTRK No Restrictions 92 1:39:22 Anna crying on stand KTRK No Restrictions 93 1:39:26 Interview with Joey Bartolomeo ANP No Restrictions 94 1:39:29 CU of spoiled written on ANS's shirt KTRK No Restrictions 95 1:39:31 ANS surrounded by reporters KTRK No Restrictions 96 1:39:33 ANS on stand "spoiled " KTRK No Restrictions 97 1:39:39 ANS being hounded by press KTRK No Restrictions 98 1:39:42 ANS in court KTRK No Restrictions 99 1:39:46 Interview with Eric Redding ANP No Restrictions 1 1:39:51 WS of courtroom, Anna rubbing her head KTRK No Restrictions 2 1:39:56 Headlines of trial ***N/A No Promo 3 1:40:00 ANS in court KTRK No Restrictions 4 1:40:01 Rusty and Pierce Walking into court KTRK No Restrictions 5 1:40:06 Headline: Smith loses ***N/A No Promo 6 1:40:10 Anna and Howard walking outside court ABC No Restrictions 7 1:40:20 Headlines of case ***N/A No Promo 8 1:40:23 Ext. of Supreme Court ABC No Restrictions 9 1:40:26 Interview with Rusty Hardin ABC No Restrictions 10 1:40:32 Ext. of Supreme Court house ABC No Restrictions ACT SIX 1 1:41:35 Still: ANS Lane Bryant Corbis 202707 No Print 2 1:41:37 Still: ANS Lane Bryant Corbis 202685 No Print 3 1:41:41 Still: ANS with dog Photofest No Restrictions 4 1:41:42 Still: Anna, her son, Kimmy and Howard Photofest No Restrictions 5 1:41:46 Clip from The Anna Nicole Smith show Fair Use No Promo 6 1:41:50 Still: ANS puckered Splash 130902 On air promo only 7 1:41:51 Still: Anna with her dog Photofest No Restrictions 8 1:41:52 Still: ANS in cowgirl shirt Corbis 325244 No Print 9 1:41:54 Interview with Perez Hilton ANP No Restrictions 10 1:41:56 Still: Anna, Howard and Kim Photofest No Restrictions 11 1:41:58 Still: ANS behind bars Photofest No Restrictions 12 1:41:59 Still: ANS eating pasta Splash 130902_03 On air promo only 13 1:42:01 Interview with Perez Hilton ANP No Restrictions 14 1:42:04 Still: Anna with her dog by pool Photofest No Restrictions 15 1:42:06 Still: Anna with finger in her mouth Photofest No Restrictions 16 1:42:07 Still: ANS signing autographs Globe 05942408 On air promo only 17 1:42:09 Still: ANS in blue sparkle gown Globe 05942407 On air promo only 18 1:42:11 Interview with Giuliana DePandi ANP No Restrictions 19 1:42:13 Still: ANS in red cowboy shirt Corbis 325248 No Print 20 1:42:15 Still: ANS in red cowboy shirt Corbis 325244 No Print 21 1:42:18 Still: ANS eating pasta Splash 130902_09 On air promo only 22 1:42:19 Still: ANS signing autographs Globe 05942408 On air promo only 23 1:42:22 Interview with Bobby Trendy Bobby Trendy No Restrictions 24 1:42:24 Still: Anna on microphone w/ Kimmie and Howard Photofest No Restrictions 25 1:42:29 Interview with Giuliana DePandi ANP No Restrictions 26 1:42:34 Still: Kimmie Photofest No Restrictions 27 1:42:38 Still: Tatoo of ANS on Kimmie's arm Photofest No Restrictions 28 1:42:41 Interview with Giuliana DePandi ANP No Restrictions 29 1:42:43 Still: Howard K. Stern Photofest No Restrictions 30 1:42:46 Still: ANS getting out of limo in green dress Globe 07084944 On air promo only 31 1:42:49 Interview with Perez Hilton ANP No Restrictions 32 1:42:51 Still: ANS in wheelchair and hands in the air Globe 06933271 On air promo only 33 1:42:54 Still: Anna Nicole Smith show Photofest No Restrictions 34 1:42:56 Interview with Perez Hilton ANP No Restrictions 35 1:42:58 Still: Anna with her dog Photofest No Restrictions 36 1:43:00 Still: ANS behind bars Photofest No Restrictions 37 1:43:01 Still: Anna, Howard and Kim on ride Photofest No Restrictions 38 1:43:02 Still: Anna on microphone w/ Kimmie and Howard Photofest No Restrictions 39 1:43:04 Interview with Bobby Trendy ANP No Restrictions 40 1:43:06 Still: Anna with drag queens Globe 06933287 On air promo only 41 1:43:09 Interview with Bobby Trendy ANP No Restrictions 42 1:43:13 Still: Bobby Trendy Bobby Trendy No Restrictions 43 1:43:16 Still: ANS making face Splash 130902 On air promo only 44 1:43:17 Still: Anna with finger in her mouth Photofest No Restrictions 45 1:43:18 Still: ANS with dog Photofest No Restrictions 46 1:43:20 Still: ANS in blue sparkle gown Globe 05942407 On air promo only 47 1:43:24 Interview with Joey Bartolomeo ANP No Restrictions 48 1:43:25 Still: ANS signing autographs in green dress Globe 07084952 On air promo only 49 1:43:29 Still: Anna with her dog by pool Photofest No Restrictions 50 1:43:33 Clip from CBS morning show BBC No Promos 51 1:43:36 Interview with Alex Goen ANP No Restrictions 52 1:43:43 Interview with Giuliana DePandi ANP No Restrictions 53 1:43:44 Still: ANS Trimspa TRIMSPA No Restrictions 54 1:43:47 Interview with Giuliana DePandi ANP No Restrictions 55 1:43:50 Still: ANS on beach TRIMSPA No Restrictions 56 1:43:51 Stills of ANS skinny ABC No Restrictions 57 1:43:55 Still: ANS tarzan TRIMSPA No Restrictions 58 1:43:59 Interview with Giuliana DePandi ANP No Restrictions 59 1:44:03 Interview with Bobby Trendy ANP No Restrictions 60 1:44:08 Still: Anna with her dog Photofest No Restrictions 61 1:44:11 Still: ANS on beach TRIMSPA No Restrictions 62 1:44:14 Interview with Bobby Trendy ANP No Restrictions 63 1:44:17 Clip from TRIMSPA add TRIMSPA No Restrictions 64 1:44:27 Interview with Joey Bartolomeo ANP No Restrictions 65 1:44:31 Still: ANS smiling TRIMSPA No Restrictions 66 1:44:36 Clip from Heatherette fashion show Heatherette No Restrictions 67 1:44:44 Interview with Perez Hilton ANP No Restrictions 68 1:44:50 Still: Spoof of ANS weight loss Globe 07407048 On air promo only 69 1:44:54 Interview with Perez Hilton ANP No Restrictions 70 1:44:55 Still: ANS in pink dress Corbis 590903 No Print 71 1:44:58 Still: ANS at heatherette Corbis 590873 No Print 72 1:45:01 Interview with Alex Goen ANP No Restrictions 73 1:45:02 Clip from Heatherette fashion show Heatherette No Restrictions 74 1:45:05 Still: Executive Suites ad with ANS Eric Redding No Restrictions 75 1:45:07 Still: ANS Santa suit Eric Redding No Restrictions 76 1:45:08 Still: Grieving widow Corbis AAFZ001642 No Print 77 1:45:10 Still: ANS cowgirl Getty Images 51041654 No Print 78 1:45:11 Still: ANS in white dress, blue sky behind her Getty Images 51041654 No Print 79 1:45:12 Still: ANS Corbis AAFK001869 No Print 80 1:45:13 Still: ANS in Hudsucker Proxy Photofest No Restrictions 81 1:45:14 Still: ANS farm girl Getty Images 51041627 No Print 82 1:45:15 Still: ANS test shot Eric Redding No Restrictions 83 1:45:15 ANS on red carpet ETS In Context promo 84 1:45:16 Still: ANS in pink dress with hands in the air Getty Images 52269164 No Print 85 1:45:18 Still: ANS with MTV stickers on her breasts Getty Images 52270000 No Print 86 1:45:21 Still: ANS with Courtney Love Getty 51315603 No Print 87 1:45:24 Interview with Perez Hilton ANP No Restrictions 88 1:45:32 Clip from MTV music awards Fair Use No Promo 89 1:45:47 Interview with Perez Hilton ANP No Restrictions 90 1:45:52 Still: ANS going to court Getty Images 56957708 No Print 91 1:45:54 Still: ANS going to court Getty Images 56957669 No Print 92 1:45:55 Still: ANS going to court Getty Images 56955157 No Print 93 1:45:57 Still: ANS going to court Getty Images 56955313 No Print 94 1:45:59 Anna and Howard walking to the car and getting in ABC No Restrictions 95 1:46:05 Interview with Giuliana DePandi ANP No Restrictions 96 1:46:07 Still: ANS and Howard walking to court Getty Images 56961923 No Print 97 1:46:09 Interview with Giuliana DePandi ANP No Restrictions 98 1:46:11 Still: ANS in back of car Getty Images 56958009 No Print 99 1:46:13 Interview with Giuliana DePandi ANP No Restrictions 1 1:46:15 Pierce Marshall walking KTRK No Restrictions 2 1:46:21 Pierce Marshall's obit KTRK No Restrictions 3 1:46:27 ANS pregnancy headlines Splash News LBH171105M On air promo only 4 1:46:32 Pictures of ANS boyfriend Splash News BLLA0220506A On air promo only 5 1:46:36 ANS in pool announcing pregnancy Fair Use No promos 6 1:46:46 Interview with Dave Caplan ANP No Restrictions 7 1:46:49 ANS in parade Spectral Promo in bumpers only 8 1:46:52 ANS in white dancing with her hands up ABC/ 20/20 No Restrictions 9 1:46:56 ANS posing at a photo shoot ETS In Context promo 10 1:47:00 Interview with David Granoff ANP No Restrictions 11 1:47:04 Still: ANS on red carpet Globe On air promo only 12 1:47:05 Still: ANS as presenter Globe On air promo only 13 1:47:06 ANS at photo shoot ETS In Context promo 14 1:47:10 Interview with David Granoff ANP No Restrictions 15 1:47:11 Still: Black and white photo of ANS Guess, Inc. No Restrictions 16 1:47:13 Still: ANS in blue sequins Getty 50734590 No print 17 1:47:16 Still: ANS crying Getty 52250124 No print 18 1:47:18 Still: ANS smiling in car Getty 52250125 No print Promotional restrictions/Other Restrictions: can the footage/shot be used for publicity and are there other restrictions-e.g. No CD Rom Options/Fees: If the licensed rights are not all Media, Worldwide in Perpetuity, list options to extend the license by term, territory or media. ***Industry standard fair use approved by legal