tv FOX News Sunday With Chris Wallace FOX News July 15, 2013 1:00am-2:01am PDT
men had irrevocable consequences. gives us all a reminder to be careful what we do. a.t has a total impact. i am truly sorry. >> this is a fox news alert. thousands are gathering in new york city's times square and other cities across will country tonight in support of trayvon martin. protesting the acquittal last night of george zimmerman. you can see that right there on the screen. hello and welcome to a special edition of "justice." i am judge jeanine pirro. thank you for being with us tonight. in a few minutes we will hear from robert zimmerman the brother of george zimmerman with his reaction to his brother's not guilty varied. tonight in the wake of this verdict many are having should charges even have been brought in this case in the first place?
is the police chief and torn no longer in those positions make correct call in not filing charges? does the special prosecuteor appointed by the governor file charges because of political pressure? i have sid this before, the process overwhelming, the consequences dire. this is a decision to engage and put into motion the criminal justice system. the decision to charge someone of the crime the decision to put everything about the accused at risk, his reputation, his livelihood, his family and his civil liberties. the one who makes this decision, the one who carries the ultimate power the district attorney, the chief prosecutor, and tonight george zimmerman a free man acquitted of the murder of
trayvon martin. in the aftermath of this verdict the nation grapples with the difficult issues played out in that small courtroom in sanford, florida. self defense, profiling, self defense, stand your ground. the ultimate question now should charges even have been filed in the first place. the duty of a prosecutor is not merely to convict but to seek justice the duty of a prosecutor is to be fair and effective to vote by the duty of a prosecutor is to follow the law. the job is a weighty one it is a difficult one. it becomes even more problematic when public pressure becomes part of the equation. it is a problem every elected prosecute encounters. i know. i think the public outrage among popular prosecutorial decision.
any prosecutor knows politics ends on election night. politics have no place in the courthouse. politics must be abandoned on the courthouse steps. the job is about the law and facts nothing more and nothing less. the obligation to bring charges and engage the system only where the prosecutor believes that the case can be proven beyond a reasonable doubt to the unanimous satisfaction of the entire jury. >> when we announced the charges 15 months ago we also promised that we would seek the truth to vay von martin and due process to george zimmerman that we would get all of the facts and details of this very difficult case before a jury and that we choose to do it that way because we felt that everyone had a right to know everything about
this case. >> almost every legal expert on both sides of the aisle agreed in contrast to the special prosecutor that the evidence presented by the prosecutors was insufficient to convict which begs the questi of whether the s were proper or a capitulation to public pressure by the governor and that appointed state's attorney who continues to say that the public had a right to watch this trial as though it is theater. it is criminal justice in evidence. it's theater for the public interest. still pending, though, why does special prosecutor angela corey file charges in the first place? why did she not present the case to a grand jury scheduled for april 10th of 2012. but instead file charges on her own the very next day cancelling
the grand jury. why did we not thisee a picture george zimmerman's injuries until after the charges were filed? why did she not hand over seemingly ex cull p tory material as required the law. if only we had the time back that it took up despite the dust the information discovery was just a result we had to fight for the trial six months ago and wouldn't have had hundreds of miles wasted. is it david and goliath but we won't. >> so why did she then fire the very man who worked for her who revealed that the information from vay v trayvon's phone was
not handed over to the defense as required by law. in light of the acquittal why is it she continued to claim that george zimmerman was really grl guilty at the press conference than the not guilty varied. still spending the issue of sanctions against that prosecutor angela corey. meanwhile an unarmed 17-year-old who went for a candy run in a place that he had a right to be is dead. robert zimmerman jr., george zimmerman's brother is here. last night i was in sanford, florida where a few hundred people gathered after the verdict. in cities across this country thousands as you can see on the screen right there are rallying in support of trayvon martin.
how does that make you feel? >> judge, thank you for having me. i think that is one of our fundamental rights is to assemble and express ourselves as long as it's peaceful. it's peaceful assembly that's the operative word. i think that people who are directing themselves toward the emotion that is tied up or consumed people with this case are not paying attention to the verdict and paying attention to the filter that the court system kind of puts on what is admitted and what is not admitted. i wish that these people not just paid attention to the verdict but paid attention to the process and to the job that was done on both sides in actually presenting a fair case and having george exonerated. you heard my opening statement. i feel based upon what i thought and heard the charges should never have been brought in the first place. you now are in a unique position. because on the one hand you and
your brother and your mother and father are able to say my son was acquitted the jury acquitted him, but at the same time do you feel he should never have been charged and brought to trial in the first place? >> early on george told the truth. it was a matter of self defense. i heard your intro and i think you are being light handed in comparison to people like allen ders witch who says the only person who should be facing jail time is angela corey. she should be disbarred and should be sanctioned. >> that is yet to be decided. there are several issues pending against her. as a judge when ever there is evidence the defense is entitled to have she showed her hand robert by firing the guy who said wait a machine ut you ha-- you have to give the defense. >> that is the impression.
tieing into that i asked the state of florida to withdraw an improper charge. it was an improper charge. legal minds such as yourself can ramble with some of the minute unusual shaw with why it was a proper charge and why we prosecute and don't play hide the ball with evidence. i don't think that is necessarily the mind set of some of the people rallying. they are offended on an emotional level. they have been misled for so long and they have this legal answer. >> how have they been misled if they saw the evidence? >> i am not sure that they did. in my view -- we had the trial but it doesn't nis ellnecessari everybody has seen the evidence and former prosecutor you understand some of the situations that were happening there in the pretrial hearings. >> i want to move on to the personal stuff. what is your brother doing,
thinking. >> respecting his privacy he is resting and recovering. this is the first day george has been free in a long time. we all live our lives as a free people we understand what that means but today it was the first time for george to enjoy his freedom. like a breath of fresh air. >> as you look at that on the screen those people gathering are you afraid for you, your family, your brother? >> that looks to me like a peaceful demonstration. nonetheless we are threatened constantly. other forms of social media that i get i am concerned for george's safety. he is concerned for his and his wife's safety and safety has always been a form of concern. >> trayvon mart tans dad they lost a 17-year-old son who was unarmed. as you look at this tape there is a great deal of sense of --
>> in december 2012 we released a statement. i flew to los angeles directed at sabrina and tracy trayvon martin's family members. >> there is sympathy nfor their family not just from us but from george as well. >> coming up the da who went against popular opinion refusing to prosecute a man who later turned out to be innocent. the defense said prosecutors did not turn over everything they were supposed to. what does that tell you about special prosecutor. >> do you agree with the zimmerman verdict? facebook or tweet me. we will read your letters later in the show.
murder. >> that florida state's attorney angela corey on her decision to file second degree murder charges against george zimmerman. as i said the decision by a prosecutor to file or not file charges in cases where there is a strong public opinion can have enormous consequences. my next guest knows that the most. he is the one who prosecuted drew peterson sglams glass could you. thank you tore being with us this evening. >> my pleasure. >> you paid a dear price after you had been elected state's attorney in will county you lost an election involving a case where you believe that a man was innocent but the public pressure was reviewed to indict him. you didn't go forward with it. talk for just a moment, jim, about the pressure that da's like yourself feel and what a
reaction of a true da should be when he or she doesn't think the evidence is there? >> well, it's a sacred trust that we hold. we talk about problem cauable c. that's just the beginning. we don't go for an indictment until we know we can prove a case beyond a reasonable doubt. that is critical. i have been blessed in my career i have had two major murder cases that i have dismissed and five to six years later we apprehended the real killer. idy missed the cases judge based on the fact that i believed i could not prove beyond a reasonable doubt and then it turns out they were actually innocent. that is one of the most fulfilling things i have had happen in my career. >> it goes beyond that. i have to give you kudos in the drew peterson case there was enormous pressure for you to indict him to long before you
did. instead true to your moral core, you waited until you had the evidence. you went up against a judge who was gunning for you and you won the case. again avoiding or ignoring focusing only on your mission to do justice. >> the case was obviously a firestorm. the defense attorney's strategy was to convince the public that i had no evidence and then the legal pundit said that the law i had written was unconstitutional. it turns out the supreme court of illinois maude the rules of evidence. we can't as state's attorney you can never act with yourself interest in mind. if you are worried about getting re-elected or making a decision you should quit. you have to do what is right for the public good in the interest of justice no matter what
happens in your career. >> after you lost one election you come back how many times as state's attorney? >> three more. and it is a job that i find i can't image a better job. i know obviously people would say it is a small town but there were 700,000 people and it's a wonder will -- wonderful place. hopefully i can continue to do these things. >> i am going to agree with you. being a state's attorney being the da i have said it before i will say it until the day i die, best job in the world. when you were et tal you have to have a great deal of satisfaction. let me talk generally about the trial that this country is rev vetted on for the last few weeks. now we have a lot of talk about
stand your ground, although zimmerman did not use that as a defense. how do you feel about that? do you feel the sdand your ground law which allows someone to now retreat even if they are not in their home is something that you think is a good law? >> the law is not it is not a good law. again florida has a number of anomalies that illinois does not have. we talked before about the governor of the state coming to me and telling me that he wanted to remove me from a case. that would never happen. if i have a conflict of interest i will remove myself. if not it is my job to make tough decisions to decide whether a case will go forward or not. you should never do it for personal reasons it should be based on the evidence. >> what you are speaking to obviously is the fact that the governor made a decision to
bring in this special prosecutor angela corey who makes a decision to bring murder charges even though she had a scheduled grand jury she has charges for the grand jury. would you do that? can you do that? >> almost all of our cases go to the grand jury. as you know having been a former prosecutor a lot times you will find out your case stinks and you are not the genius you think you are. if you can't get your case past a grand jury a at the probable cause level you are not going to win in a courtroom. it is rare we were in a situation i have three people that work for me and we have great legal minds. by the time we hit the grand jury we have our act together and we are ready to go. the grand jury sometimes can let us know just how weak it is. >> all right jim. finally, on the issue of the
prosecution not turning over evidence from vtrayvon martin's cell phone still pending the issue of whether or not the judges issued sanctions against angela corie. tell our viewers in terms of discovery how you as a prosecutor worked give this stuff over as soon as possible? >> absolutely. anything that you feel the defendant must be turned over. we always turn over. we air on the side of the defendant. we stamp everything that we turn over. it's a very accurate methodology and now of course as you know we turn a lot of stuff over on cd and it's all stored in electronic data base. so nothing can get lost. but it is critical that the defendant receive everything that he is entitled to under due process before we go to trial. there is no surprises. >> all right. and jim, finally, there is no
question that at the end of the day your job is not just to convict but to do justice. you are certainly a fantastic da. someone i have great deal of respect for. thank you for being with us this evening. >> these charges should they ever have been filed in the first place? the executive director of the national district attorney's weighs in. do you agree with the varied? stay put or sweet me at judge jeanine. stay with us. flush flurn
yes. >> joining me is scott burns the executive director of the national da association. he joins us from san diego. how are you? >> good, thanks for having me, judge. >> let's get right to it. they opposed it for years. tell us why. >> publically in 1997 because it causes so many problems for prosecutors. if your castle the area you can protect is a coffee shop or a wal-mart parking lot it is difficult for them to get over the defense. >> it is not just difficult don't you think beyond whether we can win or lose isn't it kind of a dangerous scenario -- i mean, i am a gun owner. make mow mistake. i believe in the second amendment. stand your ground do you think there's a concept of do you --
he is dead he can't testify. >> you know as well as i do the common law and stat story law it is based on common sense and what is reasonable under the circumstances. i don't think any prosecutor or any one watching this believes you have a means to retreat or to get away or de escalate the situation as opposed to pull out a gun and shoot somebody you should do that. >> of course. the da the innish shl state's attorney and the police refused to file charges. the governor comes in and appoints a special prosecutor she doesn't go to the grand jury even though one is scheduled for the case. she decides to charge murder 2. a little fishy? i will take out fishy. unusual? >> ray more row who prosecuted john mohammed and malvo in the dc sniper case. we talked about this. those guys have been around the
block. nobody has a sitting da who declined. he hasn't made a decision but then is removed i don't know of any other state in florida where the governor does that. i agree with james glasgow i would be outraged if i am a sitting da a governor taps me on the shoulder and says i am bringing somebody else in. bizarre. >> it is more than bizarre. they are basically nullifying the rule of the electorate over the decision to bring somebody else in. it wreaks of politics. finally when the da asks for letters included charges here that is a flag that even the da knows that they don't have a case for the top count. >> i don't want to pile on the lasting any of the 40,000
prosecutors wants some guy in a staud ye monday morning quarterbacking it is easy the day after. god bless them for doing their jobs. but it is very rare at the end of trials to seek a lesser included with the defense of jessie. usually it's the other way around. as you know. >> i don't think any of the da's across the country have to feel that they are in any way tainted by this. the original da did not want to file charges. this is about as i said in my opening statements politics and that intersection with justice as james glasgow said there's no politics in the decision to prosecute. thank you for being with us. >> thanks, judge. >> all right. coming up the president has weighed in. might george zimmerman now face new charges from the department of justice?
>> in the circuit court of florida saturdtate of florida g zimmerman verdict we the jury find george zimmerman not guilty. >> george zimmerman walked out of court last night a free man. but his legal troubles appear to be far from over. an official about the wewith th department of justice announced continue to evaluate whether to file criminal civil charges against zimmerman. with me attorneys jeff gold who was in sanford during the trial and is still in sanford. he was an attorney with the
civil rights division of the department of justice. i am going to start with johan. the president issued a statement today. he took an opportunity to talk about sending the tied of gun violence. the fact that the justice department issued a statement saying we have an open investigation into the death of trayvon martin. the federal bureau of investigation will continue to evaluate the evidence and we are going to see if there is a prosecuteable violation of any of the limited federal criminal rights statutes within our jurisdiction. what does that tell you? >> what that means is they would like to charge them with the criminal violation of the civil rights laws. this is being done in the civil rights division which is filled with the most left wing radical lawyers in the entire justice department. if they weren't working there they would be working with the organizations protesting down in
sanford about george zimmerman. >> the fact that they began this investigation in march of 2012 not long after trayvon martin was killed why haven't they done anything about it now? why are they talking about oh we are going to look at it now. they have been looking at it for a year and a half. >> when evidences charged by the state and they began a prosecution they then sat back in the civil rights division to watch what happened. now that he has been found not guilty they are going to find any excuse they can to try to indict them federally into the civil rights. >> i am going to go to you now. last night in sanford it was relatively quiet outside of the courthouse after the verdict. you and i were both there. tonight there seems to be a lot of reaction across the country. my question to you now is the stand your ground laws.
do you think that the fact that george zimmerman did not use stand your ground indicates that he is basically admitting that he didn't have a right to do that? >> well, i mean, look, he didn't use the procedure that is called in florida stand your ground which is a pretrial procedure. but in as much as the law is you don't have a duty to retreat in florida it's still the same thing. he utilized that. in other states he would have had a duty to have retreated the obligation here. under no circumstances is he going to indict zimmerman. this is a bunch of bologna. the police knew there should have been no charges. the police probably knew there would have been no charges maybe even the prosecutors knew. >> that's not what hahn said he said they are going to do everything they can to do that. i have two men in front of me
right now. do you -- can you think back to a time when if guys had a fight they duke it out. this one would get punched you get hit with a cue stick a beer bottle you go home you put that steak or peas on your bruises and you call it a day. are we now reverting back to the wild west when someone can say, gee, because i was afraid the guy was really going to hurt me i can shoot him and kill him? is that what is going on now? >> that is the basis of the stand your ground laws which are now in 21 states it's in the wild west. that's where it comes from. that's why you don't see them in new york, in new jersey. you see them out west. in florida as well. the idea is frontier justice. in many states he would have had to retreat. he didn't have to do that here. it is a bad idea. the people prosecutors don't like it you get killed.
you make the prosecution difficult. you don't want -- >> go ahead. >> i just don't agree. one of the grate things about this country is we are allowed to defend ourselves. we have our second amendment. the idea that people are going around killing each other over this that is not true. in this case zimmerman was attacked he was being beaten his head was being pounded on the ground. that is what caused this. it was not the stand your ground law. >> unfortunately trayvon martin was not able to say anything in that regard. certainly zimmerman had the injuries that you say. i want to talk about the fact that the da angela corey did not hand over to the dpeens pictures of george zimmerman that showed
that he had all of the injuries and appeared to be a broken nose but no one confirmed that. the fact that she didn't hand over other evidence considered greater material or ex sculptor reto the viewers. doesn't that give you a sense of where her head was and what the focus was in terms of indicting or charging thsh thsh de didn't indi indict. >> absolutely. all of the prosecutors knew they had no case. what they were doing is trying to marshall whatever they have. they did it in probably an unethical faction. it has been book ended by the beginning of a defense motion they didn't turn over the cell phone records for a year. they were critical to the defense in the defense's eyes because they show trayvon martin in a street fight had a picture of him and the gun. the judge didn't let that evidence in. >> you know why the judge didn't
let it in, because she says there was an authentication problem in truth it was ex sculptor reevidence problem. >> thank you for being with us this evening. >> all right. coming up, now that he is a free man what will life be like for george zimmerman? let me know what you think about the zimmerman verdict. facebook or tweet me at judge jeanine. tony used priceline to book this 4 star hotel. tell 'em why. free breakfast with express deals, you can save big and find a hotel with free breakfast without bidding. don't you just love those little cereal boxes? priceline savings without the bidding.
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the naacp filing civil rights charges against george zimmerman. the site got so many hits ore a quarter of a million that it crashed. joining me now naacp president. what does this done to race relations in this country? >> it has done so much damage i think. not something that cannot be resolved. we have to look at the fact that many things happen here. we were shocked by this, but it was expected because
historically we have had preside precedence for this. one was allowed to go free until his wife was pursued they lived in the same town. emmit hill. this has happened before time after time after time. >> let me interrupt for a minute. when we were watching that trial prosecutors and defense attorneys said the same thing. they said the evidence wasn't there. >> see, that was the problem. that was the problem. look at the prosecution. seems like they did a great job for the defense. i thought the prosecution was supposed to. they were supposed to reinforce reasonable doubt. they were supposed to present a plausible explanation of what happened. they never did that. we tried to figure out what was going on. i felt he was going to be exonerated all along. so many people i know felt the same way. >> i call for a stop right now of the reverend jesse jackson what he said last night on my
show about the issue of what would happen if there was an acquitta acquittal. >> would you accept a verdict of an acquittal here? >> it would be a birt pill to swallow. i doubt if they can hear all of what they heard and know what they know and (indiscernible). >> reverend said it would be a bitter pill to swallow. talk to me about that. >> well it has been. now we have criminal absolution and now we need a civic and civil resolution. i do hope that the martin family will go forward with the civil suit. we need someone to take responsibility of the killing of this boy. in our american family, we have not seen the consequences yet. the naacp is meeting this morning as we speak.
they have grief counselors at the convention but people are still traumatized they are likeening this killing to the emmit hill slaying. they are saying from womb to tomb were hunted and haunted by the fact that we cannot protect black men there has always been the possibility and now probability and likelihood that something tragic will be fall them. >> this is possible for george zimmerman to go back to a normal life. this is your last chance to vote in our insta poles. do you agree with the zimmerman verdict? facebook or tweet me
in about 80 percent said yes, the theired was the right one. lucy tweets s, i am usually on e side of the prosecution but this was not one time. it was the right verdict. i am usually on the part of the prosecution, too, lucy. donna tweets fair trial, correct verdict but still a tragedy. i couldn't agree with you more. natalie, we need more women in charge. a no nonsense decision. gary says, it was a political trial from the start. when the evidence is given to you by the media what else would you go on? not everyone agrees with zimmerman acquittal tno he shoud have stayed in the car. the law gets paid to catch criminals not that man. i agree with you, too. john says, if that was your child would you then say you agree with the verdict. hill know kn -- hell no you wou.
finally i don't have to agree or disagree but i accept the verdict. in the eyes of the law george zimmerman now a free man. but death threats continue to pour in. how free is this guy now? with me former nypd detective personal security expert harry house. how are you? >> good. >> i want to put up a full screen here. there is a guy by the name of victor cruise you may have heard from him a wide receiver with the giants. he tweeted zimmerman doesn't last a year before the hood catches up with him. of course then he pulled back. he started apologizing. >> i am a giant fan. >> enough of that. is there truth to that? >> it's a possibility. you don't really see this happening that often. unfortunately it is not over for zimmerman right now. we have the 1i68 rights violation they are going to be looking at the naacp is going to
try to keep this thing in the news until something like that happens. zimmerman will have to take some steps to make sure that nothing happens. >> like what? >> i guess what you have to do he has to talk to his attorney. say listen do you think i should stay pretty close to florida? maybe, maybe not. i would say i should take a vacation if he can for a while. then come back and decide he shouldn't stay in the same neighborhood for a while stay out of there for about month. >> it doesn't matter. why would he take his gun back after the trouble it brought him. i am a gun owner i have lots of guns. >> why not? wouldn't you? if you defended yourself used that weapon which is the reason -- i have to tell you that law is a tough law. i mean the kid had skittles and iced tea. you know it. >> come on judge. the kid wasn't out looking for trouble. >> the fact was he attacked zimmerman. >> that is the problem with
stand your ground. only zimmerman is here to tell us. >> you have to look at the evidence. when we look at the evidence. >> what does he do? does he wear a bulletproof vest? >> on tv they are always going after thpeople like this. in real life, is there anybody planning to go after mr. zimmerman? probably not. you have to be worried about that one lunatic. you have to be worried that on a regular case somebody goes on vacation they come home everybody forgets about it. >> let me ask you a question. you are nypd detective. you have had a lot of fights in your life. you duke it out. you take your lumps you win or you lose go home you ice your bruises you go on your way. even if you had a gun you wouldn't necessarily take it out. >> it depends on what you are dealing with. if he felt is waiife was in
danger. >> it happened to my partner he had totally stunned he got his nose broken. >> i know a lot of guys but you don't pull out your gun and kill people. >> thanks for being with us. and that's it for us tonight. thanks for joining us. remember to friend me on facebook. follow me on twitter at judge nan ne janeane. pick up a copy of my new book "clever fox." it is available ott barnes & noble and >> it's july 15th.
t a fox news alert. overnight more violent reaction to the george zimmerman verdict. protestors clashing with police shutting down the streets in two of america's largest cities. this as we learn the department of justice might take action against zimmerman despite the acquittal. >> a young actor's life cut short. this morning brand new details about glebe star corey montieth's death. >> we are live outside of the hospital where kate middleton and prince williams could welcome their baby at any moment. fox and friends first starts right now. >> good morning everyone. you are watching "fox & friends first". i am ainsley earhardt. >> i am patti ann browne. breaking overnight massive protests in the country's largest countries in the george
zimmerman verdict. from new york to los angeles they went to the streets and some resorted in violence. police are out in full force. we have more. >> this trial is over but it continues to spark protests around the country. take a look at this video from overnight. last night in los angeles a group of protestors broke off from a peaceful march. for the most part the demonstrations popped up in communities from california to new york remain peaceful. they are upset because the death of trayvon martin was the result of racial profiling. >> i think it's very unfair what happened in the zimmerman case. because we are start to go see more racism now. instead of racism dying out it is becoming