tv Studio B With Shepard Smith FOX News June 26, 2013 12:00pm-1:01pm PDT
>> the tears and that is a big pot on -- point on her being a liar. >> she will get over that. >> the prosecution brought that out on direct instead of cross-examination. >> her saying i lied because i felt guilty and i didn't go seemed effective. shepherd will have the cross-examination and here is shep. >> we will be watching that. the court as we understand is in a 15-minute recess. when that recess is up we will go back. other matters that we will be covering on a day when we have like seven lead stories. we will get to paula deen and all that happened on "the today show" this morning. aaron hernandez, the tightened for the new england patriots is now charged with murder in massachusetts, murder and five gun charges. the hearing has happened. we will have live coverage from there. and in central florida, the key witness they say, she has deviated from past statements, she has added things that were not said before, she has
whispered. she has uttered things that require television networks to bleep them. and now does it hinge on this? phil keating has been covering the trial and outside the courthouse in central florida. this much anticipated witness, phil, does come with some problems for prosecutors and that is now very clear. >> absolutely. not only was she hard to understand for the prosecutors, the jurors were straining. one of the jurors raised his hand and -- raised her hand to ask the judge to intervene and get the witness to talk. also a major problem you are going to hear when they return in court by the defense and cross-examination is the fact that this witness who for the past year has been known as witness number eight, but her name is rachel, she lied about why she did not attend trayvon martin's funeral. she made up a story about having to be at the hospital that day, and then it was later revealed that in fact
she was never at the hospital. the defense attorney either don west or mark o'mara on behalf of george zimmerman are going to hammer her hard on why she made this up. of course they will try to persuade the jury that, well, if she made up this about not attending trayvon martin her good friend's funeral, how can you believe these other aspects? taking a listen to another sound byte from the prosecutor successfully getting this witness, the star witness, to really establish that trayvon martin was being pursued by george zimmerman. take a listen. >> i asked him where he at. he told me he at the back of his dad fiancee house, the area where his daddy fiancee house, by his daddy fiancee house. i said, oh you better keep running. he said, na, he lost them. >> certainly not the most effective witness as far as
cool, calm and collected on the stand. hof, she did -- however, she did deliver making the points that the prosecutor wanted her to. that is that trayvon martin is on the phone with his girlfriend down in miami telling her there is a guy following me over and over again. then of course she testified that she hears the call dropped and then she calls back and trayvon martin never answered again. >> we will get back to this witness, phil. earlier today, our viewers will problem -- probably remember there was an audio conversation with the 9-1-1 operator this was very much up for debate about who was screaming in the background. who was it screaming for help among other things? today, phil, the first witness to say george zimmerman was not the one yelling for help, right? >> this is jane and she lived in one of the townhomes -- if you went out the back window you could clearly see the scene where the altercation
between martin and zimmerman happened, and of course the fatal gunshot. she had a very distressed 9-1-1 phone call that much of the court was really bothered by as in the martin family, trayvon's parents, were wiping tears in there. let's listen as she identifies who she thought was the one screaming for help. >> in my opinion i truly believe especially the second yell for help that was like a yelp. it was excruciating. i felt it was the boy's voice. >> and inside the courtroom george zimmerman, the defendant charged with second-degree murder looked as he has for most of the trial now so far in two and a half days, pretty expression less at the defense table. we should have more once they come back from break. we will have the cross-examination of this state star witness, rachel when she comes back. >> we did lose one of our
first jurors this mornin judge dreb bra nelson coming -- deborah nelson coming out with a surprise. after two days of testimony she announced that b74 which is the hispanic young male alternate juror known for his hobby of arm wrestling. >> male? i thought there were no males. >> well, there are two males among the four alternates. >> i didn't know that. sorry. >> they are all in there. no problem. this one male is now gone, personal reasons. judge nelson said it had absolutely nothing to do with perhaps violating see sequestration rules, watching news coverage or internet. it was completely unrelated to the trial. bottom line, the jury panel in the courtroom now, nine people including two men who are alternates as well as the all six females that are the main six jurors. again those alternates will not learn they are alternates until the day the judge instructs them to go into the
deliberations room. >> phil keating, stay with us if you would. i will talk to mercedes here, our criminal defense attorney and fox legal analyst. the seal of the state of florida is still up. they are in recess. the witness asked for the time. and it is often the time they take an afternoon break anyway. they are making this the afternoon break. you won't miss it. we will go back to witness number eight. mercedes, first i want to talk about this matter of the -- of who was doing the screaming. that will be important for these jurors. i wonder if hearing that witness' testimony today, hearing the woman say i felt like it was the boy screaming for help, she said it sounded like a yelp the second time around. how powerful is that and what impact does that have? >> it is the absolute key issue here. it is about who is the aggressor here. this is the sne person that can testify "i heard those cries." not an expert, not paid, nonparty, this is a woman who said i am doing my duty and i am telling you it is the boy, absolutely devastating for zimmerman. >> and the way she -- i don't know if we have the sound byte
could youd up, but if we do i would appreciate it. let me know when you have it. the way she delivered it, she didn't say i am sure it was that boy. you can't be sure i guess -- do you have the sound yet? the booth? >> it is three seconds. but in those three seconds this is a woman who is clearly scared and calling 9-1-1 and that heightens your awareness. these jurors are looking at this woman saying this is the one person who can really hold the key to the case whether zimmerman is the aggressor or not. let's listen again. >> in my opinion i truly believe especially the second yelp for help that was like a yelp, it was excruciating and i really felt it was the boy's voice. >> she seems confident. >> i was going to say that. sincere, confident and again she is not an expert. experts you can say you are paid by so and so. you are paid to say this. you wrote a report on that. you were paid. every time there is money attached to testimony it diminishes the credibility. this woman has no money, nothing vested, no skin in the game. this is a woman who is
speaking from her heart. >> didn't know either party. >> didn't know either party. >> now there is a matter of witness number eight who has been built up through secrecy if nothing else as an important witness in this trial. she is the one on the phone with him, with trayvon martin. she says she was when -- and the phone records indicate she was. it was when this began when she is like somebody is following me. she is problematic. >> she problematic and there are inconsistencies, but one thing she is not inconsistent on is problematic for zimmerman which is, hey, i'm being followed. i'm being followed. what is going on here? and she hears that and express itself to the jury. they will try to diminish her saying you lied and didn't go to the wake and now the reason you say you didn't go is because you didn't want to see his body. so there are inconsistencies and there will be jury instruction that says if you disbelieve one part of someone's testimony you candice count the entire testimony. >> if you want to. >> it is the discretion of the jury. the key issue for her is what
was trayvon doing immediately before he was shot? >> well let's let her describe that. this is what she said in court before megyn's coverage began. >> i asked him how the man look like and he just told me the man -- the man looked creepy and -- >> he said the man looked creepy? >> creepy white. >> creepy white. i think -- in fact i am positive she said trayvon described him as a cracker. i don't know. >> there were some other racial issues, but she is young. she is upset. she is emotional and they will give her a pass, this jury, if they believe that one esh you -- issue, what did trayvon say moments before he is shot. if he said i am being followed. i am pursuing. >> you were not pursuing and he is the aggressor? why is this kid calling and saying he is being pursued. problematic for him. >> phil, i wondered how this testimony played in there. it was difficult for us to
understand, but i feel like it was probably more difficult in a courtroom because they are using sound amplification in there and she just got quieter as things went on. i don't know if it was nerves, but she got quiet as a church mouse. >> she did. and she was also wiping tears on the stand. for the jurors who of course are the key persons that the prosecutors want to hear the details of what rachel is saying, they are straining to hear her. they are leaning forward and they are trying to get her to talk louder. and then of course the judge intervened on that. the words she is saying that trayvon martin is telling her on the cell phone on that night with the drizzling rain on february 26th is that referring to this guy following him as a creepy cracker and using the n-word to describe the guy following him. bottom line she really did establish that according to trayvon martin and her phone call with him, rachel
established for this date that he was being pursued. trayvon martin was being pursued that night and that is paramount in what they are trying to prove for this jury in that george zimmerman, a neighborhood watch activist who they will paint as a cop wanna be who violated the training of all of the neighborhood watch instructors in that you are not supposed to get involved. you are not supposed to follow, basically did just that. >> he followed. but following isn't a crime. >> no. >> he maintains that trayvon martin attacked him. and that his face was down on the ground on the sidewalk. he felt he was going to lose his life. he took the gun out of these pocket or wherever it was and put it up against his chest and shot him. he did so in self-defense. >> the injuries that zimmerman sustained would help him. this is somebody with a fractured knows and lacerations to the head, consistant with what zimmerman said. my head is getting bashed
against the cement. that's why i have these injuries. i didn't inflict them myself. he was inflicting them. i was in imminent fear of his death. but what was trayvon doing before? we heard inconsistent stories about zimmerman. he said i was walking back to my car and that's when i was attacked by trayvon. i was not the pursuer. i may have been initially, but i retreated and went back to my car and was attacked. it is a mish-mosh and the defense will have to put this man on the stand if they want to do the stand your ground legal defense. >> if you are that jury at this point do you believe the woman who sat up there and said i heard the yelp. i believed it was the boy. do you believe the store that george zimmerman was following after him, that trayvon mar 10 turned around and george zimmerman attacked him? that the grown man pulled out a gun and shot an innocent teenager? what do you believe? the rest of the testimony will help and it is coming in the state of florida in the
there is breaking news now on fox newschannel. a stunning collapse in the life and career of the football star, aaron hernandez. moments ago he made a first appearance in court on murder charges and weapons charges in the state of massachusetts. there he is in the white t-shirt. as he did his time as a new england patriot was already over. you can see police taking aaron hernandez out of his million dollar mansion in handcuffs this morning. remember last week a jogger found the body of 27-year-old odin lloyd not far from that home, southwest of boston. the victim's relatives say lloyd was dating the sister of aaron hernandez's fiancee. hernandez's fiancee and the dead man's sister -- or
relatives and the two men were friends. the two men were friends. our station in boston reports that surveillance video shows aaron hernandez and two friends entering the house around the same time neighbors heard gunshots. this morning less than two hours after the arrest the new england patriots dropped aaron hernandez from the team. his $40 million contract would have kept the tightened in patriot nation through 2018, but no more. i will get to molly in massachusetts. as we go to you for new information on all of this, i want to let our viewers know first that the seal is still up in the courtroom in florida. we will go there for that testimony of witness number eight, rachel. and before we get to you, a stunning upset has just happened. another one at wimbledon. unthink blee -- unthink blee the ukraine tennis player knocked off nadal.
>> they are in the courtroom and along with a tremendous amount of media who are here to watch this unfold a well as the family of odin lloyd. eight family members are linking arms and inside the courtroom as this begun to untold. they are laying out the evidence in the murder case and there are a number of weapons charges to be considered here. they say the defendant, hernandez, was the one alone among this group of people they believe were party to this murder, that actually knew the victim. that hernandez was the one that was the friend of odin lloyd. and that he was the one that called owe -- odin lloyd. he established meeting the victim. he called his additional friends to meet up with the vehicle tim, that they were all seen in boston earlier in the evening. ultimately they drove a rental
car between boston all the way down to north atelborough was found. the prosecution laid out a time line essentially trying to work through what happened over the course of the evening, talking about where they were at a given moment and laying out video surveillance all along the route starting from where they were in boston to where they ultimately the prosecution ended up at aaron hernandez's home later in the morning. they say that he essentially that this was a premeditated crime and they are asking he beheld without bail due to the seriousness of this crime. the judge agrees with that. we are working on where he will be taken, but doing some advance work on this, the bristol county folks say he will likely beheld in bristol county at one of the facilities here. his defense attorneys tried to argue that he belonged in the community, that he had a wife and a young child, and it would be impossible for him to flee given his notoriaty and how well known he is, but at
this point in time he will be held without bail. >> wow, molly is live for us in massachusetts with the news from the aaron hernandez situation. man alive. tim tebow may get some work. let's look now in central florida where the seal is still up at the trial of george zimmerman. crucial testimony already. the direct examination has begun on this witness number eight if you have been watching. the last person said to have spoken with trayvon martin on the phone just before the encounter which ended in his death. cross-examination is about to come and it is quite a show. we have no doubt and we are bringing it to you live. and now more on the breaking news from wimbledon. the defending champion of wimbledon, roger federer is down in four sets in the second round of the all england tennis club tournament. a stunning loss to a player from the ukraine named
stikowski. i never heard of him. that means little. what is going on at the all england club is astounding. to realize that rafael nadal went out in round one. the stennis world was up -- the tennis world was up in arms. they seeded him number 5. only wimbledon can make decisions on how they seed people. all other grand slams go with the rankings, but not wimbledon. they seeded him number 5. they say we want to see these two in the quarters. you are not seeing these two at all. roger federer is done and out. and this morning, maria sharapova is out with an injury. they are all out. i don't know. no need to watch that now. we will come -- actually the testimony is about to get underway in central florida. we will have that for you right after this.
and the trial of george zimmerman. this is rachel genteel previously known as witness number eight. she was believed to be on the phone with trayvon moments before his death. don west, not mark o'mara, but don west is doing the questions on cross. he established they were friends off and on since kindergarten, and they haven't gotten to the day in question yet. let's listen live. i should let you know, this has been filled with a lot of dirty language. this is a pg show. we are on a five-second delay with this. we are making every effort to keep this clean for you. we will do our best. that's all we can do. here we go. >> on february 26th did you text with him throughout the morning and early afternoon? >> yes. >> and then also talked to him at some length during the day?
and then you talked with him during the day a lot. >> yes, the whole day, text and talk. >> so basically all day you and he were on the phone? >> yes or somebody -- a three way. we had a three way. he put some of his friends on and i put some of my friends on. >> so sometimes there would be more than just you on the phone with him? >> yes. >> let me offer 2a into evidence by agreement or without objection. >> 2a.
where will we get a 2a? >> oh i didn't know that -- >> i have objection. >> [inaudible]. >> nobody told me they had marked something up to -- if it stipulated into evidence that would come in. >> [inaudible]. >> i have no objection, your honor. >> what do you have premarked as exhibit aa will come into evidence as defense exhibit c.
>> we will place it in for reference. that would be fine. so that the witness could take a look at this. >> you may approach her. >> just for the witness' frame of reference, it is consistent with the times, the beginning time and the end time of the calls between you and trayvon martin on february 26th, do you see what that looks like and do you see what it says? >> uh-huh. >> i may ask you to use that to refresh your recollection. >> it should be more. >> this call record begins at 5:09, do you see that?
>> i see it, but it ain't begin at 5:09. it began around 12 something. >> right. so what you are saying is that there were more calls during the day between you and trayvon martin than what are shown here on this list? >> yes. >> well, the list only starts at 5:09:36 p.m., do you see that? >> yes. >> and then the end time of the call is marked by the other column. there is a start time and then an end time. >> yes. >> so for example, the first call starts at 5:09:36 and then ends at 6:30:01. do you see that? >> yes. >> the next call starts at 6:30:40 and then ended at
6:43:15. do you see that? >> yes. >> the next one starts at 6:41:05 and ends at 6:44:32. >> yes. >> and the next one starts at -- >> they are going to get into the substance of these calls in a minute. i don't want to miss that. so we will get a quick commercial break in after i tell you there is other breaking news, and among it the yankees' first base man mark -- teshera has been recommended to have surgery on his wright wrist and aaron hernandez is charged with murder. the supreme court acted on gay rights, and the president said that discrimination is no longer enshrined in-law. trial coverage continues live after this.
>> back to the trial now in central florida. the witness is rachel and believe it or not, this attorney , don west, for the entire time we were selling you products, the entire time they were talking about what time some phone call happened. none of it made any sense at all. we are on five second delay to try and keep any bad words out of here. but they have finally gotten to the matter at hand and that's the phone call to police. let's listen. >> fiancee was staying. >> that night? >> yes. >> the rain got -- he got caught by the rain. he was a the milling place,
the milling area. >> did he tell you then as he left the store it started to rain? >> yes. >> and that he ran to the or walked quickly to the mail area? >> a shortcut to the mail area. >> a shortcut from where to where, do you have any idea? >> no. >> but he told you that he was going to run over to the mail area? >> yes. >> do you know if that was the mail area that was in the complex where he was staying, or was that perhaps in another complex in between the store and where he was staying? >> the complex he was staying on. because i had asked him where he is at and he said he was in a place where his father staying at. >> and it is also indicated it is at the complex where he is staying.
>> i don't know where it is. i never been there. >> you don't have any idea what the distance may be? >> no, i never been there. >> so what i am trying to understand from you at this point is do you have any idea where trayvon martin went between leaving the store and about 6:23 and the late afternoon before the phone call was made at 7:09:34. >> what? repeat what you are saying. i'm confused. >> well, there is about 35 or 40 minutes there between when he left the store and when he was seen in the complex. so i'm trying to understand from you, do you have any idea where he went or what he was doing at this point? >> he was at the mailing place talking, telling me to check the television for the allstar game, did it start.
>> but he had to go about a mile to get from the store to what you believe is the mail place. was there any conversation about where he was going and why it would take him so long to get there? >> we were talking around. >> in any event you believe after he left the store he went right over to the mail place. i'm sorry? >> the rain had caught him. he got caught by the rain and he did a shortcut to the mailing area. >> so are you saying then that what you believe anyway that he was in the vicinity of the mail area -- >> he was right by the place that -- place where the house is at i think. >> i don't follow you.
sorry. i'm trying to get a sense of perspective as far as what you can tell from what you remember saying was that when trayvon martin said to you that he was in the mail area that you believed that to be in the come come -- complex. >> he was standing under the mail area. >> and you don't have any information as to where he went -- >> this witness has been caught in three different misstatements or contradictory statements. why did he go -- mercedes, why would he go into this ma knew shaw when he could have pounded the witness with misstatements? what is he do ?g. >> are you are exactly right. let them sweat, let them know this is not a credit witness. what has he done? the first question you knew
each other since kindergarten and then lost track -- what are you doing it? make sure the bias is established. >> nurture the bias. don't diminish the bias. but that's not what he is doing. >> the date, the time, after i got off the phone with trayvon. >> at that point i believe you said when the phone disconnected. >> i called back. >> and you got no answer. >> no answer. >> and you believed that it was just a fight. >> and i believed -- told you, i believed that it was just a fight and he already told me he was by his father's house. i thought his father was going to help him. i did hear like sounds from the background that people could help him. i never thought it was that deadly serious. i called back a number before. >> so your impression that night was that whatever
happened it was a fight, correct? >> yes. that broke out. >> you don't know exactly how it broke out, correct? >> no. >> what you do know though was there was a point in time when trayvon martin was saying to you he had lost the guy. >> yes. >> after that there was a time when he said he sees him. >> again. >> again. >> yes. >> and at that point you told him to run and he said no. >> he said no because he was right by his father house. in my mind that is a couple houses away jie. so what he did instead though -- >> walk faster. >> what he did instead was he turned to george zimmerman and said why are you following me? >> no. >> that's the first thing you heard, wasn't it? >> i had closed the door.
i had a blue tooth on. he did not tell me he was going to turn around, none of that. he would just end the phone call with me. he said i will call you back. he was going to do that. >> after he told you that he saw the man again. >> he had saw the man again. >> the next thing you heard him say was, why y me? >> objection, asked and answered. >> next thing i heard -- next thing i heard -- i said, trayvon, you following me, yes. you are right. you can go. you can go. >> i'm sorry. it takes me a little bit of time sometimes to come up with
the next question. >> you can go. >> at that po nie t then is what you heard you believe trayvon martin to have said, why are you following me? >> yes. >> at that point, george zimmerman said what are you talking about? >> what you doing around here? what are you doing around here? >> when you talked with mr. crump -- do you remember talking with mr. crump on the phone? >> yes -- no, not really. >> you don't remember that? >> no, that day i was not really wanting to talk to him. i don't know him. i did not know him around that time. i was so shaken up and everything i believe was rushed on everything, the
interview, the -- everything that was go osmght the only thing i thought thought -- the only thing going on that day was this the letter. >> i'm sorry? >> the letter. >> maybe what we should do then is sort of fill in some of the gaps. if you don't follow me, just let me know. >> who in the world is in charge here, mercedes? >> my goodness. violating rule number one of cross-examination. your witness never stays in control. not only has he never been in control of the witness, he has been in control the entire time. he is not leading questions. he is pausing. he is -- he has pregnant pauses. she is goating him, cot -- come on, come on. ask me the next question. he says sometimes it takes some time. you know what, i smell an ineffective council appeal when all of this is said and done. this is going to be exhibit number one. >> and the testimony continues. and we will have live coverage after this.
>> the trial continues in central florida of the george zimmerman trial. rachel is on cross-examination by the defense council here, don west. they were discussing while we were in the commercial break this time period between when the killing happened, pr trayvon martin died and when george zimmerman was arrested. she was like, i didn't think i was a witness. i was on the phone with i'm h. i didn't talk to him. i just assumed they had a suspect under arrest. but they didn't. there is a back story on this and we will get first to the live testimony. we were on five-second delay
to save your ears. >> that same weekend is when you got the call. >> the first phone call from his father asking me -- he asked me if i am the last person that talked to trayvon. >> did he tell you that he had found the telephone record? >> he was the last person to talk to trayvon. >> he contacted you and he said you may have been the last person to talk with his son trayvon? >> he feels his son -- i don't know. the phone regards i was the last person that talked to trayvon. >> what you took from that was that mr. martin had somehow identified your number as the last number and he called you about it.
>> had talked. talked to trayvon. >> correct. that the numbers matched up. the last one on the list. >> yes. >> at that point did you know anything more about the case. >> no. >> you didn't know that by then george zimmerman had not been arrested? >> nope. i don't watch the news. >> nobody at schools, nobody said your friend trayvon martin was killed and the person that shot him hasn't been arrested. >> no. >> you had no idea. >> no. >> in anyiy vent -- in any event, how about at the wake that you talked about, i know -%u didn't go, but that was early march, correct, march 2nd or 3rd around there? do you know? >> march 2nd?
>> you had some friends that went. >> yes. >> had anybody told you that had gone to the wake that they knew george zimmerman had not yet been arrested? >> they would have told me -- they did not know either. they would have told me. trust me, they would be texting me like crazy what was going on at the weakening. -- at the wakening. they would have told me, but they didn't told me that. they didn't know either. i brought it up that was somebody that got called from his father. >> so in other words there wasn't any talk at school, there wasn't any talk at the wake? nothing in the news you heard? >> i don't watch the news. the only time i watch the news is for weather. >> so by march 17th or 18th you still didn't know that george zimmerman had not been arrested.
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star witness, unquote, is still on the stand now. the defense attorney, don west of nacogdoches who's there -- of knock-knock who's there fame. this particular witness is rachel and she is important. phil keating, why? >> sde is crittal on a number of of -- critical on a number of fronts. she calls into doubt the truthfulness of george zimmerman when he has told police all along that when the nonemergency dispatcher said are you following hem? he said yes.
we don't need you to do that. he maintained that he never followed trayvon martin after that. rachel calls that into question. she also said she heard another deeper voice saying what are you doing here? that would have been according to this, george zimmerman. the big picture here, three weeks have gone by since trayvon martin had died and nobody had been arrested. george zimmerman hadn't been arrested. then this woman comes forward and interviewed by the family and he has a news conference that built the civil right action and activists to call and demand george zimmerman's arrest. the governor .ed to a special prosecutor and he was charged with second-degree murder. >> mercedes, what do you think of this going here? >> disasterous, absolutely disasterous. >> for? >> for zimmerman. here is someone you could have knocked out of the park and brought out those inconsistencies and said you lied when you said you didn't go to the wake because you were at the hospital. 1k3* now you are saying it is because you didn't want to see the body like that. frankly drive it home that you have an agenda here and this
is what you have done. >> the coverage will continue streaming on fox news.com. we will have coverage tonight on fox report. a lot of big news today. the supreme court acting on the defense of marriage act and proposition 8 in california with big victories for same-sex marriage proponents. aaron hernandez, the tightened for the new england patriots now charged with murder. full coverage on that on fox report. roger federer and maria sharapova knocked out of whim del done today. wimbledon today. federer, the defending champion knocked out by number 116 in the world in the second round. the dow is up 150 points and extendinged in's moves. what a news day. see you on fox world. neil cavuto is next.
russia's got them. got him, we want him. but they say we ain't getting him. it is time to get mad and give them an ultimatum now. hand him over or we could be looking at the cold war all over. welcome. i'm neil cavuto. john carrie -- john carrie says we are not look forget a fight, but russia is picking one. nsa leak erred -- leaker ed snowden is holed up and to arizona senator john mccain who says enough is enough. senator, so much to do today and thank you for joining us. what