• With: Daryl Parks, attorney

    HANNITY: Wait, wait. Where's the proof for that? Because the other side is claiming the opposite. Do you have evidence of that?

    PARKS: Yes! We have the tape that we provided to the Police Department from the young lady. We have phone records that we provided at 7:12.

    HANNITY: So that conversation was taped with Trayvon and his girlfriend.

    PARKS: No, it was not taped.

    HANNITY: All right. So you have the testimony of the girlfriend and on that conversation, she's saying, he's confronting me right now?

    PARKS: Yes!

    HANNITY: Well, I mean, because you have and then, how do you explain where the local, or the proximity is of the confrontation if in fact Mr. Zimmerman, relaying his son's story, is saying that it literally took place as he was headed back to the car.

    PARKS: Well, we have this witness that came forward that was on "AC 360" today that says that he saw him and the altercation took place on the grass.

    HANNITY: Whoa. Where was that witness, you know, a month ago?

    PARKS: That's a good question. We continue to worry about all the evidence that continues to be linked against poor, dead Trayvon in the situation.

    HANNITY: It's irrelevant to me about the school suspensions. That's not relevant to me at all in any way. And I would just like, I would say, the allegations of racism against Mr. Zimmerman, you have a Hispanic- American, who apparently according to reports, tutored young African- Americans on the weekend. He does not seem to fit the profile of somebody that has racial antipathy, does he?

    PARKS: No, let me say this to you, sir. I want to say this to all of America. We are not making this a racial issue. I think that he was profiled, yes. We are past the issue. We all know that we have an issue that we all Americans are dealing with, most African-Americans accept that that is a challenge in life and we move on in life. In this situation, though, I think you have to give some credence to the girlfriend's testimony.

    HANNITY: I agree. That's part of the puzzle.

    PARKS: She was on the phone with him. We have the phone records, is starts from 7:12 to 7:16. At 7:17, the Sanford Police Department is on the scene. Mr. Zimmerman should have stayed in the vehicle like the authorities told him to do.

    HANNITY: I agree with that part.

    PARKS: If he stayed in the vehicle, that would have never happened.

    HANNITY: I agree. When the dispatch said that we don't need to you do that, I agree, he should have retreated. I have said that many times.

    The only question that still remains and is open is whether or not he was walking back to his car and whether or not Trayvon confronted him or he confronted Trayvon. And we don't know. And we don't know whether.

    PARKS: Yes, we do.

    HANNITY: Wait a minute. We don't know who screamed on the tape that we hear. And we don't for sure -- both sides are claiming that it was -- one side says Trayvon, one side says Mr. Zimmerman. We don't know who was on top of who. The eyewitness from that night said it was Trayvon on top of Mr. Zimmerman. You're claiming it was just the opposite with a brand-new witness that came out just tonight.

    PARKS: Well, let me ask you this here.

    HANNITY: Yes.

    PARKS: If we go to the 911 tapes, the 911 tapes are very clear on Mr. Zimmerman's words that he was following Trayvon. You agree with that, correct?

    HANNITY: Oh, yes, absolutely.

    PARKS: OK.

    HANNITY: You can hear him out of breath.

    PARKS: That makes him the instigator. And in America, if you instigate an altercation of any sort, right? When in our life, that if you instigate a fight with someone, you happen to be losing the fight --

    HANNITY: Oh, following somebody that you think is that maybe a suspect because there is a rash of crimes in your neighborhood doesn't make you an instigator of a fight.

    PARKS: But also, he never properly identified himself. He has no badge. He's a guy walking around with a 9-millimeter. He's a vigilante.

    HANNITY: All right. Well, we are going to find out in time. The only I do hope is that it's fully investigated and I hope that people, including Congress members stop rushing to judgment. There's both sides here. And neither, you and I were there nor do we know the answers. And I think, over time, hopefully, we will get to the truth and our thoughts and prayers are with the family. Thank you for being with us.

    PARKS: So, we want him to have his day in court as well, sir.

    HANNITY: All right. We appreciate your time. Thank you sir for being with us.

    PARKS: Thank you.

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