• With: Daryl Parks, Attorney for Trayvon Martin's Family

    This is a rush transcript from "On the Record," July 1, 2013. This copy may not be in its final form and may be updated.


    UNIDENTIFIED MALE: (INAUDIBLE) Had the person been white, would you have felt the same way?



    ZIMMERMAN: I guess fear. I didn't want to confront him.

    UNIDENTIFIED FEMALE: You were afraid of him?

    ZIMMERMAN: Yes, ma'am.


    GRETA VAN SUSTEREN, FOX NEWS HOST: Prosecutors playing George Zimmerman's police interviews.

    Daryl Parks is the lawyer for Trayvon Martin's family. He joins us. Nice to see you, sir.

    DARYL PARKS, MARTIN FAMILY ATTORNEY: Thanks for having me.

    VAN SUSTEREN: How's the family doing? Because it -- you know, I've been involved in these cases, and it's just unthinkable, the pain families go through.

    PARKS: Well, it's tough for them. You think they've been sitting through all of the evidence that's been heard in this case. They've seen the many pictures. They've heard the many 911 calls. They hear that gunshot that took their child's life. They've heard from the witness who he last spoke to on the phone and heard about how he tried to run for his life. And they've head about this alleged altercation.

    They've heard George Zimmerman's version of what happened, all right? And they know their son. They know their son, for example, the term "homie" -- that's not terminology their son would use.

    VAN SUSTEREN: And that was -- that was a suggestion that at least -- I think it was George Zimmerman said that that was said about him.

    PARKS: Yes, yes, yes. But also, too, as you go through this process and you hear -- I mean, even from jury selection to hear people talk about what type of parents they must have been, people who had so many misperceptions about what had happened on that night.

    VAN SUSTEREN: Is it cathartic or is it easier being in the courtroom for the family, or does it make it worse? Because I know that they're sitting there day after day.

    PARKS: I think it's easier for them to see the process going forward and to get past all the other emotions that they are having and dealing with, this type of situation. It's good to be there and to do this one last gesture for your son to defend his legacy and to defend his life.

    VAN SUSTEREN: I have no idea how the jury's going to come out. I mean, admittedly, I think the prosecution is having some troubles in the case. And you know, evidence is -- you don't always have perfect evidence, no matter what case you're trying. But if the verdict goes against what they want, can they accept it from this jury?

    PARKS: Well, I don't think they've even really thought about that. We thought about it a little bit in terms of what we may want to do with them, some things that we may need to do, you know, as we prepare for that day.

    However, I think in this case, though, this jury -- you know, I watched that one juror who I think might be the foreperson at the end, when we -- when he published that picture of Trayvon's dead body around, she held onto it. She held onto it, Greta. And I watched her.

    So, I think that we're getting some traction here. I think that some of the contentions that Mark O'Mara is trying to put forward, this whole MMA style, I think the clip that you just played a few minutes ago, where he talked about Trayvon had covered his mouth and his nose, right? That's not an MMA style beatdown.

    I think Good had it right last Friday, right? It was tussling and wrestling. That's not the same as a beatdown. And another major point, when you think about the fact that Mark O'Mara's tried to describe it as he had his legs on Zimmerman's arms, right? Well, that means that the lower part of Trayvon's body would be -- of Martin Zimmerman's body would be covered. So this whole allegation that Trayvon would have seen the gun is not possible if he's beating down his head and holding down his head and focusing on his head.

    So there's some real problems with that, that coupled with the fact that he claims -- and you heard it. He had to be listening. He said it's a little bit of his head was on the concrete, just a little one, right? So this whole notion that he was, you know, bamming his head on the concrete that they talked about in opening statement is just really not there.

    VAN SUSTEREN: Will you accept the jury verdict, then? I take it that from what you said, no matter what jury verdict is, either way, that you'll respect it.

    PARKS: Remember this, Greta. Any lawyer who's tried some cases has lost some, right?

    VAN SUSTEREN: Indeed, I know that. I know that very well. I know that very well. What is -- what's your thought as you look across the room at George Zimmerman? Let me ask you this. Do you think this would have happened if this had been a daylight confrontation?

    PARKS: No. And it wouldn't have happened if the races were reversed, I think, of the two perpetrators. I think had George Zimmerman killed Trayvon -- excuse me -- if Trayvon had killed George Zimmerman, he'd have been arrested.

    VAN SUSTEREN: Well, Zimmerman has been arrested.

    PARKS: Well, but look, the protests were about him -- getting him arrested. That's why we had to fight so hard initially.

    VAN SUSTEREN: Well, are we not beyond that? I mean, now, I mean, that -- isn't that sort of battle over? He's been arrested, and now the issue really is, you know, a fair trial to both the family and to the defendant, as the Constitution requires? Isn't that where we are? And so we shouldn't -- we shouldn't fight old battles?

    PARKS: We shouldn't fight old battles, but we should learn a lesson from what happened here, right? I think anyone who's sitting in that position as a prosecutor from now on, right, should make a very informed decision about what they're doing. And so you have many situations across the country where prosecutors make these types of discretionary calls all the time.

    VAN SUSTEREN: I guess the thing that I'm (INAUDIBLE) I'm worried about is the jury verdict, either way. I'm going to accept it either way, and I just hope that everybody else, you know, also realizes that, you know, we -- you know, we've assigned it to these six people, whichever way the cards fall.

    PARKS: Well, I think most -- you know, it's funny, we get this question quite often about the makeup of the jury, right? What...

    VAN SUSTEREN: And we should say it's a white jury, maybe one Hispanic member, maybe.

    PARKS: And -- but you have to also remember there are places in this country where there aren't many minorities. And so when you try a case there, you're trying a case with the people who are there. And (INAUDIBLE) lawyers like you and I.

    VAN SUSTEREN: I tried in inner city Washington, D.C. I had a very different jury. Anyway, it was nice to see you. I hope you'll come back.

    PARKS: Thank you. I will be back.