Fox News
June 28, 2013

Zimmerman trial: Is the prosecution still in the game?

Guests: Rebecca Rose Woodland, Anna Sigga Nicolazzi

This is a rush transcript from "Hannity," June 28, 2013. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: Here with reaction, our legal experts defense attorney Rebecca Rose Woodland and prosecutor Anna Sigga Nicolazzi.

All right. Ground and pound, this is the one eye witness so far. This is the prosecution witness, ground and pound, MMA style, straddle team, this going down, screams from Zimmerman, and Zimmerman's injuries are consistent with what this eyewitness is saying. This is -- as far as I'm concerned, this case is over today. Tell me if you disagree.

ANNA SIGGA NICOLAZZI, PROSECUTOR: I disagree. I'm with you up until the last two things you said. As far as who was screaming, it may have been, I still myself haven't decided based on -- but he said he assumed that it was Zimmerman, because that's who he would expect it to be.

HANNITY: There's more than that. There's a little more than that.

NICOLAZZI: Not much more than that but, you know, it was not a good day, it was not the way the prosecution wants to end the week. I will give you that and I agree he was a good witness for the defense, but it's also good for the prosecution in this. What he said is that he did not see Zimmerman having his head beaten into the ground on the cement. He said it.

HANNITY: Explain those injuries then. Explain those injuries.

REBECCA ROSE WOODLAND, DEFENSE ATTORNEY: I didn't see the head hit the concrete, that was his exact quote.

NICOLAZZI: Right. But he's looking right at that.

WOODLAND: He didn't say it didn't happen, he said, I didn't see that because he was so worried I think of seeing someone on top of someone else. Someone was screaming for help. He's worried, he defined the incident as Zimmerman being on the bottom, Trayvon being on the top, and that is really bad for the prosecution.

HANNITY: Straddled, MMA, ground and pound and the injuries are consistent.

WOODLAND: Yes. All the lacerations on the back of the head.

NICOLAZZI: I don't see them as being consistent, someone getting beat up and the tussle that you have your head that get, he gets -- whether it's not back and push back either one. I don't think it matters. The most important thing for the prosecution today that I think keep some wailing the game was the witness who came afterwards, Jonathan Manalo, because what he said is that he heard George Zimmerman's words moments after that shot when he stood up and got up the ground, and he said, this guy was beating me up.

HANNITY: Wait a minute.

NICOLAZZI: And I emphasize those words because that is not someone who thinks they're about to be killed or massive injury.

HANNITY: Rebecca?

WOODLAND: To me, that's exactly what it is, he said, quote, "I was defending myself," he claims Zimmerman said to him, as he walked out of his house. That's exactly what Zimmerman was saying, God, I thought I was going to die.

NICOLAZZI: That's not what he said.

WOODLAND: He said, I was defending myself.

HANNITY: Yes.

WOODLAND: That's exactly -- I was defending myself and I shot someone.

NICOLAZZI: No. There is actually three sentences and the first one was, I was being beaten up. And under the law for justification, you can only use deadly physical force if you believe you were about to be killed or have massive injury. Not if you're getting beat up and if someone has the better of you --

WOODLAND: What is the definition of beat up? What is George Zimmerman think beat up is compared to someone --

NICOLAZZI: A broken nose and knock to the head.

HANNITY: There's going to be a lot more.

WOODLAND: Right.

HANNITY: Now, later tonight, we're going to show part of my interview where he described what happened. In this interview, he goes into extraordinary detail including he got hit, he said he was dazed, he thought his life was in jeopardy, 14 times in the face, that he said, expletive, "you're going to die tonight." All of these things, if he told the police that and that's reported, can you -- is there anything that's going to contradict that that you see?

NICOLAZZI: First of all, sometimes it's very often people embellish on -- on what happen to try to get out under when they realize what happened, someone was dead here. That's not what he said on the scene --

HANNITY: -- burden on the prosecution though.

NICOLAZZI: And they should be. And it should be a very high burden, and -- as a prosecutor, I only want someone --

HANNITY: Give me the evidence. Give me the evidence.

NICOLAZZI: The evidence is that he is following a young man in the middle or whatever time in the dark in the rain, and when the police --

HANNITY: It's not illegal.

NICOLAZZI: It's not illegal. I'm not faulting him for doing it, however, he clearly scared this kid, that the kid ran to get away. He doesn't stop. I don't believe he goes back to the car at all.

HANNITY: You're making an assumption here. Wait a minute. You just made an assumption. Go ahead, jump in.

WOODLAND: She made an assumption, and also we have an officer who appeared on the scene, he was witness number 21 today, who said clearly Zimmerman was dazed, confused, was out of it.

NICOLAZZI: That's not what he said.

WOODLAND: He wasn't -- he did. And he confirmed all the lacerations and contusions to his head. That his nose was bloody, his clothes were wet. He said, yes, I killed this man, here is my gun. This was not a situation where he was running. He was not in --

NICOLAZZI: He's a wannabe cop. Of course he wants to be embraced by the police.

(TALKING OVER EACH OTHER)

HANNITY: Look at this, wait a minute -- that's another assumption. Wait a minute. Look at these injuries.

NICOLAZZI: Those are not bad injuries. I wouldn't want someone to have them.

HANNITY: Oh, my goodness! Look at his nose.

(TALKING OVER EACH OTHER)

NICOLAZZI: And I don't say that that is a good thing. But you know, what? He caused this to come about. He followed this young man in the dark and I believe ---

WOODLAND: Wait, if you're following someone, that doesn't justify someone turning around and arguably according to the witnesses, jumping on top of him.

NICOLAZZI: No witness told you how this started. None.

HANNITY: Let's go to the law. Because you two are lawyers. This seems to me to be classic self-defense, and Zimmerman's story and injuries are -- are buttressed together now with the eyewitness. Does he not have a right, if he's getting ground and pound, MMA style, straddled and thinks his life is in jeopardy, does he not legally according to Florida law, my reading on it, he has the right to defend himself?

WOODLAND: Sure. I have the self defense statute in Florida as well. Sure, he does. He has the right to defend himself with the amount of force things that's being placed on him. If the gun is there, maybe Trayvon went for the gun, he had the gun. This is the situation he's in in a split-second decision as a human being being pound upon. We have a tremendous amount of witness testimony now that this was the situation.

HANNITY: Real quick. We have one frustrated prosecutor here. Go ahead.

NICOLAZZI: Just waiting my turn.

HANNITY: Yes.

NICOLAZZI: The justification in Florida, stand your ground, does not apply. It's out the window if you provoke the attack. And to me, as a lawyer, I'm telling that jury that he provoked the attack.

HANNITY: Any evidence?

NICOLAZZI: But wait, I'll still give you the justification if you want, at first, or the right to defend yourself, but it's a question of degree, and you have to do everything you can to retreat and then you can only use like force. And I come back to his words, he did not say this guy was about to kill me, I thought I was going to die. Right when he got up, he said I thought I was being beaten up.

HANNITY: No, no, no, that was the first 10 seconds. Wait a minute, that was the first ten seconds.

NICOLAZZI: That's extremely crucial 10 seconds, the first thing that's out of his mouth.

HANNITY: He said, he's defending himself.

WOODLAND: Right. I'm defending myself. That's exactly what he said.

NICOLAZZI: From being beaten up.

WOODLAND: The witness and he said that to a police officer as the police officer arrived on the scene. What was his state of mind? It was, I'm getting beat up.

HANNITY: We have to take a break. Very I think it was devastating today. You agree?

WOODLAND: Absolutely.

HANNITY: Devastating.

WOODLAND: Devastating.

HANNITY: We'll see.

Content and Programming Copyright 2013 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2013 CQ-Roll Call, Inc. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of CQ-Roll Call. You may not alter or remove any trademark, copyright or other notice from copies of the content.

Interviews

See more interviews →

Get Social with Sean

connect on social media

Want more Hannity?

subscribe to Sean's podcasts!

See All Podcasts

Want to know the story about Sean's ties? Learn more when you spin the Hannities wheel.

Check out the page