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Was an Arrest Prevented after Trayvon`s Murder?

Aired March 28, 2012 - 19:00   ET


JANE VELEZ-MITCHELL, HOST: Jane Velez-Mitchell coming to you live from New York City. We`ve got brand-new information about the night Trayvon Martin was shot. And we`re going to take a closer look at the police report and find out why cops decided not to arrest the man who shot Trayvon, Neighborhood Watch volunteer George Zimmerman. We`re talking about it the entire hour, next.


VELEZ-MITCHELL (voice-over): Tonight, new details of Trayvon Martin`s final minutes. Also, did police want to charge Zimmerman, and did somebody stop them?

Also, we`ll analyze the so-called ear-witnesses to the shooting. Could their testimony be the crux of the case against George Zimmerman? And what will the crime scene tell us?

Plus Trayvon`s autopsy is complete. What will that report reveal?

Tonight a member of Congress reprimanded for wearing a hoodie and a student protest turns into a stampede. Plus, we`ll talk to a close friend and supporter of shooter George Zimmerman and play a private voicemail Zimmerman left for him.

And how a retweet from filmmaker Spike Lee force an elderly couple to abandon their home? They will join you tonight to tell you their story.

And we`re taking your calls for the entire hour.



UNIDENTIFIED MALE: A crime has been committed here.

UNIDENTIFIED MALE: No justice, no peace. No justice, no peace.

UNIDENTIFIED MALE: No justice, no peace. No justice, no peace.

UNIDENTIFIED MALE: No justice, no peace. No justice, no peace.

TRACY MARTIN, TRAYVON`S FATHER: Everyone is trying to turn the focus off of George Zimmerman and trying to make George Zimmerman become the victim.

UNIDENTIFIED MALE: You painted my friend George Zimmerman the other night as a paranoid racist. That`s total minutia (ph) and excrement (ph).

MARTIN: When, in fact, Trayvon is the victim.

UNIDENTIFIED MALE: To hear all of them trying to assassinate his character, right now to try to make what they -- the wrong into a right, it`s just hurtful.

UNIDENTIFIED MALE: This family lost a son. But they have gained a whole generation of children who are now protesting in the streets, walking out of schools. They are doing what they need to do in order to make their voices heard.


VELEZ-MITCHELL: Were cops planning to arrest George Zimmerman the night he shot 17-year-old Trayvon Martin? That`s our burning question tonight. Did this man, Florida state attorney, Norm Wolfinger, tell cops not to arrest Neighborhood Watch volunteer George Zimmerman, saying there wasn`t enough evidence to convict him for the shooting of 17-year-old Trayvon Martin? Shouldn`t we make those decisions after we investigate a crime?

We obtained these brand-new photos of Trayvon today from Russell Simmons` organization, Global Grind. This is Trayvon nine days before he was shot dead, these photos taken at a birthday celebration for his mom.

Trayvon`s family is still in Washington, fighting for justice for their son, who was shot to death a month ago by Neighborhood Watch volunteer George Zimmerman. Zimmerman has not been charged, and Trayvon`s mother is very upset that people, she believes, are trying to demonize her son.


SYBRINA FULTON, TRAYVON`S MOTHER: They`re trying to look for stuff, sort of like mud, on us because we think we have a case.

UNIDENTIFIED MALE: The protesting students chose to invade a Walgreens drugstore.


VELEZ-MITCHELL: Take a look at this. This is exactly what Trayvon`s mother does not want. Young people committing violence, mayhem, as they protest her son`s death.

These teens -- teens storming a Miami Walgreens store certainly left a bad taste in her mouth. This was after a rally for Trayvon.

Also some very dramatic moments at the U.S. Capitol. Democrat Congressman Bobby Rush broke protocol and revealed the hoodie he was wearing under his suit. Listen to the reaction on the House floor.


REP. BOBBY RUSH (D), ILLINOIS: I urge all of you who hear these words to heed these lessons. May God bless Trayvon Martin`s soul, his family.

UNIDENTIFIED MALE: The member is no longer recognized. The member is no longer recognized.


VELEZ-MITCHELL: Wow. And if you think this case hasn`t affected the average person, you are wrong.

Tonight in an exclusive interview, you will meet a husband and wife who had to flee their Florida home because something tweeted their address and said the shooter, George Zimmerman, lived there. They`re going to tell us their story in just a while.

We`ve got so much to talk about. Give me a call: 1-877-JVM-SAYS. What do you want to say about the Trayvon Martin case: 1-877-586-7297.

Straight out to Joe Hicks, a conservative commentator, who was vice president of the nonprofit Community Advocate Inc.

Joe, you`re also making news. Many people across the country feel this is a case of racial profiling by a volunteer Neighborhood Watchman that turned very tragic. You are being quoted as saying this case is not about race. Why do you say that?

JOE HICKS, COMMUNITY ADVOCATE INC: Well, it`s not fundamentally about race. And it`s one thing to say that George Zimmerman, I think, clearly did racially profile Trayvon. There had been these burglaries in the neighborhood. And I think he thought he thought that he fit that kind of profile.

The question of whether or not this is an issue of race, which we have the protesters now claiming that it`s all about race, is whether or not there`s anything in Zimmerman`s history to indicate he was, in fact, a racist. And none of that kind of material has come forward so far. There were allegations he may have uttered something under his breath, a slur. That has not been confirmed.

So to make this about race, we have to say this man tracked Trayvon down and shot him because of racial animus. There`s nothing to indicate that that is the case.

VELEZ-MITCHELL: Well, a lot of people will take issue with that. Nancy Giles, you`re a contributor to "CBS Sunday Morning" and a writer and social commentator.

I am holding in my hand the police report. And one of the things that struck me was that, in one paragraph in this police report, the victim, Trayvon Martin, is referred to as a black male five times. And to me, I find that very odd. Like why this constant emphasis on the victim being a black male? "It would appear to be a black male. Response from the black male. Got a pulse."


VELEZ-MITCHELL: "Attempted to get a pulse on the black male."

GILES: I -- I was staggered by that. And I also would say that there have been recordings that have been released of George Zimmerman prior to the Trayvon Martin shooting, calling the Neighborhood Watch and saying almost the same exact words as he used that night about him seeing black men looking suspicious. "I think they`re on drugs. Black men walking around. They don`t seem to belong here." Black men, black men.

And I think just based on that, on his continued utterance of that phrase, how can someone say it has nothing to do with race? I don`t understand.


HICKS: Well, you know, this is very interesting here. Because, in fact, there had been eight or nine burglaries in the neighborhood. And the suspects had been identified as young black males.

Now wait a minute. I think we have to really sort of step back and really get a handle on what we`re talking about here. I think -- and I`m certainly not defending Zimmerman. I think what he did was wrong. I think he`ll ultimately face prosecution.

But what we may have here is a guy who simply was a disturbed guy who wanted to be a hero and thought by tracking down and somehow collaring this suspect, he was going to be somebody who might be on your show, Jane, being interviewed as some kind of hero for capturing this burglary suspect in the neighborhood. That doesn`t then mean George Zimmerman is a racist.

GILES: No, but you know what that means?

HICKS: It means he`s a guy who may have interesting aspects to his personality.

GILES: I certainly that means he shouldn`t have had a gun and that he shouldn`t have been working for the Neighborhood Watch, because that sounds like somebody that`s a little disturbed and trigger happy, at the very least.

HICKS: He had a -- he had a right to carry the gun. He had a certificate to carry the gun.


GILES: I don`t think that`s -- it`s called Neighborhood Watch. Not Neighborhood Shoot.

VELEZ-MITCHELL: Now, I want to go back to a very dramatic moment...

HICKS: I agree with you, yes.

VELEZ-MITCHELL: ... when the Trayvon controversy spilled out onto the floor of the U.S. House of Representatives. Congressman Bobby Rush stepped up to the podium, took off his jacket and donned a hoodie and sunglasses. And during his fiery speech about Trayvon`s death, the congressman was actually escorted off the House floor, accused of being out of order. Listen. And we`ll get back to our point.


RUSH: I urge all who hear these words to heed these lessons. May God bless Trayvon Martin.

UNIDENTIFIED MALE: The member is no longer recognized. The member is no longer recognized.

RUSH: It`s personal to me because my own son, in 1999, was shot down in the streets.


VELEZ-MITCHELL: I mean, Trayvon`s case has triggered a national debate precisely because so many people have concluded none of it would have happened had a young white male in a hoodie been walking home from the 7-Eleven with Skittles and an ice tea.

Michael Skolnik, editor in chief of Global Grind, you yourself have said that you have walked around in the exact same outfit, and nobody ever thought you were suspicious.

MICHAEL SKOLNIK, EDITOR IN CHIEF, GLOBAL GRIND: Yes, Jane. You know, I could walk down the street in New York City and put my hand out, and a taxicab will stop for me. I can walk in the street, and no woman will grab her purse in fear of me. I can walk into a restaurant no one asks me to pay before I eat. I can through a neighborhood in Sanford, Florida, and no one will call 911 and say I look suspicious.

I could have on the exact same outfit that Trayvon Martin had on the night he was killed, and I guarantee you that George Zimmerman would never have thought I was suspicious. It`s because of the color of his skin that he called 911 and said, "This young man looks suspicious."

VELEZ-MITCHELL: All right. Quickly to the phone lines.

Wanda in Tennessee, your question or thought, Wanda.

CALLER: I have a comment.


CALLER: I don`t really think it was exactly racially motivated. I believe that he perceived himself to have authority to question someone and that it`s an extreme form of bullying. And I don`t think it necessarily mattered. Because there`s so much discrimination all over the country in so many ways.

VELEZ-MITCHELL: Well, I want to say this. And I remember once I went to a therapist, and they said, "Well, such and such is multi-determined," meaning there`s a lot of reasons why it happens. They`re not mutually exclusive. He could have this Al Haig complex: "I`m in charge here." He could have desired to be a hero, and he could also have been racially profiling. They`re not mutually exclusive.

We`re just getting started. More on this in a second. Callers lining up. You can join the conversation: 1-877-JVM-SAYS.

Trayvon`s parents taking their call to justice to Washington. And we`re going to talk, on the other side, to a member of Congress who is fired up and wants you to know something. She`s the lady in the hat. Stay right there.


REP. FREDERICA WILSON (D), FLORIDA: Trayvon is the victim of a botched police investigation full of incompetence or intelligent mismanagement.




UNIDENTIFIED MALE: On the document, it shows that you charged Mr. Zimmerman with manslaughter. Why did it not get completed? It`s your job.

UNIDENTIFIED MALE: Again, I appreciate that, but again, that`s still part of the investigation, ongoing process. So I won`t discuss anything from that.


VELEZ-MITCHELL: Growing controversy in this case. Tonight published reports now claiming the police originally wanted to charge George Zimmerman, but these claims are that the D.A. told them not to.

Well, we did some digging. Here`s what we can say for sure. Here`s the preliminary police report. Under the offense section, it lists negligent homicide, manslaughter, unnecessary killing to prevent unlawful acts. This was Zimmerman`s suspected offense at the time, before police even interviewed him.

Per police protocol, they would have forwarded their report to the Seminole County district attorney, Norm Wolfinger. His office has consistently told us the evidence gathered by police was not enough for an arrest. But still, there are so many people questioning why they came up in the preliminary report and there were no charges forthcoming.

Straight out to Representative Frederica Wilson, a Democrat, Florida. Do you feel that politics may have played a role, that something may have played a role in these charges not being filed against Zimmerman?

WILSON: Most definitely. And I am livid that all of this is now leaking out.

This was a young boy from Miami, Florida. My district. He is my constituent. He`s walking through a neighborhood. A renegade man is following him. He`s afraid.

He`s following him, and he`s talking to the police, and the police says leave him alone. But Mr. Zimmerman says, "But he is suspicious. He`s black. He`s walking slow. It`s raining."

They say, "Stand down. Leave him alone." That should have ended it. Instead, this man exits his car and chases this boy and kills him. And I am livid that America cannot see the injustice in this action in Sanford, Florida.

VELEZ-MITCHELL: Well, what do you think that police and, by extension, the district attorney of the county where all this went down should have done, in the hours and days following the shooting, specifically?

WILSON: Specifically, he should have been arrested. He should have been arrested for a crime. He should have been indicted, and he should be locked up. He should be scheduled for trial, and they should be gathering evidence into how far the investigation should go. But to just allow him to walk free.

And you know what else? Everyone is talking about Mr. Zimmerman`s injuries. Nobody has talked about Trayvon`s injuries. In that autopsy, he has a broken nose. This was a child that was beaten up by a man. And that`s wrong. And all of this is going to come out in the evidence.

But right now it is still not too late. Mr. Zimmerman, Mr. George Zimmerman should be arrested as we speak.

VELEZ-MITCHELL: Congresswoman, I don`t mean to debate with you. But we have absolutely no knowledge that Trayvon Martin`s nose was broken. In fact, George Zimmerman is claiming that his nose was broken.

WILSON: Well, we have -- we have information from the coroner, who did the autopsy that his nose was broken. That is a part of the court record. Mr. Zimmerman`s nose was bleeding, but it wasn`t broken.

VELEZ-MITCHELL: OK. Well, you know what? I`ve got to say, there`s a lot of dispute here. Because certainly, Trayvon`s autopsy has been done. The coroner tells us the autopsy is not going to be released until the investigation is closed.

We spoke to the funeral director. And the funeral director who prepared Trayvon`s body for burial told us he couldn`t see any injuries on Trayvon`s body, but then again, he couldn`t even see the gunshot wound, which is normal. Often you can`t see any wounds once the medical examiner has sealed -- sealed the body.

But honestly, Congresswoman, let`s leave the broken nose aside for a second. Do you feel there should be an investigation into how the police and the D.A. handled this case?

WILSON: Absolutely. Absolutely. It is a botched investigation. There`s some incompetence going on. There are political overtones that someone over-rode someone else because of political reasons. And that is against all that we stand for this in nation. We stand for justice. And that`s wrong.

VELEZ-MITCHELL: Well, thank you for joining us. More on the other side.


VELEZ-MITCHELL: More Trayvon Martin in a second. But first, here`s a little break, a "Viral Video of the Day."


UNIDENTIFIED FEMALE: Mr. Eagle was calling me. And then I have a fox. He`s very quiet. And then I got the cat out here. And the other cat.



UNIDENTIFIED MALE: He was answering some questions on the CBC in Toronto, and he took it -- he thought it wasn`t right. He said, "See my legal team."

VELEZ-MITCHELL: All right. That is live of a news conference being held by the parents of Trayvon Martin, the teenager who was shot dead, along with their legal team. We`re monitoring that news conference. And we`ll bring you the very latest developments as they come in.

Right now, I want to go out to Frank Taffy. You are George Zimmerman`s neighbor. You`ve been outspoken in your defense of the shooter, George Zimmerman. And you are also a former Neighborhood Watch block captain.

You`ve been hearing the debate tonight. With one man, Joe Hicks, saying this had nothing to do with race, and of course, Nancy Giles saying, "Unh-uh, not so fast." What say you?

FRANK TAFFY, NEIGHBOR OF GEORGE ZIMMERMAN: I agree with Mr. Hicks. I totally concur with him. The fact is -- these are facts, that we had eight burglaries in our neighborhood at the Twin Lake subdivision where George was the neighborhood captain.

George helped prevent one burglary that was in process in my own house. And George can be credited with that particular stopping of that one burglary to my house.

VELEZ-MITCHELL: Well, Frank, can I jump in and ask you this question? Joe Hicks, while saying it`s not a racial incident, says that...

TAFFY: It`s not.

VELEZ-MITCHELL: George Zimmerman has psychological problems, that he`s one of these guy that wants to be the local hero, who wants to be on the news saying, "Hey, you know, I fought the crime, and I won." Do you think he has a complex like that?

TAFFY: No, not at all. George is -- he`s no Rambo. He`s not aggressive. He was a concerned citizen and resident who stepped up to the plate, did his job diligently, and was concerned for the safety of all the residents, black, white, Latino or Asian, everybody who resided within our community. George did not discriminate.

VELEZ-MITCHELL: Joe -- Frank. First of all, what happened? You mentioned that there was something that happened with George Zimmerman at your house. Tell us what happened.

TAFFY: Sure. Thank you, Jane. It was two weeks prior to the shooting of Trayvon Martin. George was doing his rounds, which he`s not compensated for on the total volunteer basis. He would do it two to three hours every night, diligently, to ensure the safety of our neighborhood.

Upon passing my residence, he noticed that there was a young black male peering into my window, the front house -- front window to my house. He called me up. I was at a female companion`s house. And he let me know that -- first of all, he said, "Mr. Taffy, this is George Zimmerman."

I said, "How are you doing, George?"

He said, "Did you know that you left your front window open?"

I said, yes. I said, it was a pretty cool evening.

So he said, "Well, we have a problem. Right now there`s a young black male that`s looking into the front of your window."

VELEZ-MITCHELL: Why did he say "black"? Why didn`t he just say there was young male: This is what troubles people is the focus on race.

TAFFY: Because that`s what he was. He would have described him as a young Hispanic male if he was. So, you know, it is what it is. It was a young black male. Go ahead.

VELEZ-MITCHELL: We want to get all sides. On the other side we`re going to get a response. Stay right there.



CROWD: No justice, no peace. No justice, no peace.

VELEZ-MITCHELL: Do you know where George Zimmerman is right now?


UNIDENTIFIED MALE: We`re looking forward to $1 million for the capture of George Zimmerman.

UNIDENTIFIED FEMALE: It doesn`t make sense for someone to get away with this outrageous murder. He was a young child, an innocent child. If you felt your life was threatened, you should have gone the other way.

UNIDENTIFIED FEMALE: Trayvon was our son, but Trayvon is your son.

UNIDENTIFIED FEMALE: Trayvon is the victim of a botched police investigation.

UNIDENTIFIED MALE: I`m not here just for George. I`m here for my kids. I`m here for every other young black man. I understand why everybody is upset. If I didn`t know George, I would be upset, too.


VELEZ-MITCHELL: Tonight outrage and anger against George Zimmerman put innocent people in the line of fire.

Good evening, everyone. Jane Velez-Mitchell, back with you live from New York City.

Tensions continue to rise all around the country. And now it`s spread to the Internet with a major celebrity in trouble for a re-tweet.

Straight out to Nischelle Turner from "SHOWBIZ TONIGHT" in Los Angeles; Nischelle, what happened?

NISCHELLE TURNER, HLN CORRESPONDENT ((via telephone): Well, Jane, basically this is -- you should file this one under celebrity tweet gaffes. It appears that director Spike Lee has passed along information without checking it out first. What he did re-tweeted a message with what he thought it was the address of a house belonging to George Zimmerman, the man who`s come under scrutiny for killing teenager, Trayvon Martin.

According to the Web site "The Smoking Gun" the house actually belongs to an elderly couple in their 70s, Elaine and David McClain (ph). Now Elaine reportedly has a son from a previous marriage and his name is William George Zimmerman.

It looks like someone found that out and assumed that it was George Zimmerman. Now Spike has removed his tweet, but you know Jane, the damage has already been done here. The McClains have reportedly felt threatened enough to leave their home. And if you look at some of the Twitter traffic that surrounds this, you can certainly understand their fears. It`s pretty nasty.

But the bigger question that I have that may be even if that information was true and it was George Zimmerman`s address why would you send that out? There are so many people who are saying that those actions, those type of actions could incite violence.

Now, we at "SHOWBIZ TONIGHT", we reached out to Spike Lee`s camp for reaction or comment on all of this, Jane, we haven`t heard anything back yet.

VELEZ-MITCHELL: Nischelle, thank you for that fabulous update.

And now we have an exclusive interview with the couple who had to flee their home because the tweet identified their home incorrectly as the home of George Zimmerman. We`re talking now exclusively to Elaine and David McClain. Thank you so much for joining us.

Elaine, what happened? When did you find out that something had happened? And what did you end up doing?

ELAINE MCCLAIN, FORCED TO LEAVE HOME: Well our first indication was on Sunday when there was a woman and a news camera at the door asking for George. We have no idea what you`re talking about. We didn`t have any George living at our home.

And then the next day, on Monday we got some hate mail. And then on Tuesday is when we really found out about everything that`s been on Twitter. It`s been very scary for us.

VELEZ-MITCHELL: What did you have to do? Some people say you had to --

E. MCCLAIN: Well, we got out of the house. Yes, we got out of the house. It`s just too scary. We have to quit the hatred and the vengeance and start looking on the inside of people and quit looking on the outside of people. It`s just sad, the reactions going on.

VELEZ-MITCHELL: And so you are in some hotel. Like you`re literally like in hiding right now?

E. MCCLAIN: Exactly. We`re living in a hotel, having to eat our food out. We`re just afraid to go home.

VELEZ-MITCHELL: You have to wonder how long is this going to go on. I feel for you. My gosh.

Well, let me say this. Just a few minutes ago, the man who wrote the original tweet sent us this apology and he wants us to read it to you Mr. and Mrs. McClain, "To whom it may concern, the elder couple in Sanford, Florida, Elaine and David McClain. I would like to take this time out to say I`m very, very, very sorry for what I re-tweet. Sorry this caused you harm. And I`m a man about mines. I was not thinking. I was sad and hurt about the situation with Trayvon Martin. So I hope you Elaine and David McCain, accept my apology. Love, Marcus Maccapone."

All right. Those are his exact words. David, do you accept that apology?

DAVID MCCLAIN, FORCED TO LEAVE HOME: Yes, but we need a retraction of the tweet with that apology attached to it.

VELEZ-MITCHELL: What about Spike Lee who allegedly re-tweeted this? He has a whole lot of followers. He has something like 248,000 followers. Do you think he should apologize and retract? And I`ll throw that to Elaine.

E. MCCLAIN: Definitely. Definitely. I mean, this could be a healing for this community. I love Stanford. That`s my home. I`ve been there 18 years. And maybe by the two of us Mr. Spike Lee and ourselves we can start healing this community.

VELEZ-MITCHELL: I want to go back to Nancy Giles, contributor, "CBS NEWS SUNDAY MORNING". You`ve been listening to all of this. Obviously we all feel bad for the McClains; what a mess for them. Your thoughts on the big picture?

NANCY GILES, "CBS NEWS SUNDAY MORNING": Well the first thing is I want to apologize to the McClains, too. I admire Spike Lee as a film maker very, very much. I don`t know if he was reacting as a father or what. But it was a very, very, very thoughtless idea to re-tweet the address. He has a lot of followers.

And what is so scary is what if something happened to the McClains? What if someone took out their anger on the McClains in the same way that a lot of us feel that anger was taken out on Trayvon Martin. It would keep the cycle going around and around and around.

And to the gentleman that you spoke to earlier, Jane, the neighbor that George Zimmerman called in and said there`s a black man that is breaking into your house, I really wanted to ask him of the eight robberies that he was talking about. How many suspects were black, who was --

FRANK TAAFFE, RESIDENT: All of them. All of them.

GILES: Oh, you`re there. The suspects were black --


TAAFFE: All were young black males. All of them.

GILES: And ok. And were they found guilty, sir? What is their status? Their suspects but --

TAAFFE: We have to check the court`s record for that. Yes. One of the assailants -- one of the perpetrators was apprehended two weeks prior to the shooting of Trayvon Martin. That was a daytime robbery. That`s how brazen they`ve become.

Jane let me bring up a point.

GILES: Listen, I just want --


GILES: Let me just finish my --


VELEZ-MITCHELL: Let Nancy finish. And then we`ll go back to you.

GILES: All I was going to say is although I understand that the principle of trying to protect your home I have big issues with the "Stand Your Ground" law. And even more than that -- and I wanted to ask this gentleman, do their other neighborhood watch people carry guns? This is where I think things crossed the line. This is something quite awful.

VELEZ-MITCHELL: Ok. That`s a good question. Frank?

TAAFFE: Do you live in my neighborhood?

GILES: Obviously I don`t.

VELEZ-MITCHELL: Obviously she doesn`t.

TAAFFE: Ok. Do you have eight burglaries in 15 months in your neighborhood?

GILES: Did other people on the neighborhood watch carry guns? That`s all I ask.

TAAFFE: Do you have --


TAAFFE: Did you have eight burglaries in 15 months in your neighborhood.

GILES: I`m just wondering --

TAAFFE: Yes or no. It`s a yes or no question.

GILES: Can you answer my question first?


GILES: Will you answer my question first?

TAAFFE: I would be happy to, if you answer mine.

GILES: Jane, we`re in a standoff.

VELEZ-MITCHELL: Let me jump in here for a second. Let me say this -- I`ll put this in my perspective, ok. Back when I lived in a neighborhood where there was a neighborhood watch person and we used to have some people who were suspicious that actually were committing a lot of burglaries on bicycles. They would use bicycles and my neighborhood watch person said watch out for people who are driving around in bikes late at night. Bicycles.

Now, there was no need to focus on the person`s race; in that case, it didn`t happen to be a person of color. But it was the bicycle. Isn`t there another way to identify people? Because I get back to the bigger picture of the idea that the police. As soon as you say there`s a problem going on, they say what`s the person`s race?

TAAFFE: Come and live in my world. Come --


VELEZ-MITCHELL: I feel like there`s a lot of other ways to describe people other than their race.

TAAFFE: Go to bed with a gun in your pillow.

VELEZ-MITCHELL: Let me put this on hold and bring in John Morgan for a second. You represent the McClains. John Morgan, my buddy from Orlando. Do they have possibly a civil suit, sir?

JOHN MORGAN, ATTORNEY FOR ELAINE AND DAVID MCCLAIN: Well, I think they could have a civil suit that in Florida is called a tort of outrage. But fortunately, I think that this couple are not about that right now. They do not -- that`s not their purpose. It`s not about file a lawsuit, looking for money.

I think that everybody is going to be -- it`s good that they`re this type of people. It`s good that our law firm is not looking for -- to gin this up anymore. There is technically a claim against Spike Lee. But that`s not what they`re looking for right now.

What they`re looking for right now is basically they came to us because they were fearful. I mean they moved out of their home. Right now what they want to do is to get a retraction, get an apology so everybody knows that that`s not the house.

VELEZ-MITCHELL: All right. Thank you so much. We`ll have more after the break.


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REP. CORRINE BROWN (D), FLORIDA: You didn`t secure the area. You didn`t get the clothes. I mean, it`s a disaster. It`s a disaster on the professionalism of so many police departments around this country.


VELEZ-MITCHELL: And there`s been a lot of conflicting information. For example, you just heard a claim that the police didn`t take Zimmerman`s clothes. The "Orlando Sentinel" is reporting police did take Zimmerman`s clothing as well as Trayvon`s in fact (ph), for crime lab analyst.

And we have breaking news just in as we speak. We want to show you brand new video of George Zimmerman from immediately after the shooting. This is from This is surveillance video of George Zimmerman in handcuffs. He was not arrested. But as you can see, he was cuffed and put in a police cruiser before he was questioned and released.

We are going to play the entire approximate a minute and 30 of this video right now as we go to Richard Kuritz, former special prosecutor and criminal defense attorney. What exactly does this mean? Because I`m trying to understand; they cuffed him, they put him in a squad car. You see them working on him right there. But he wasn`t arrested? What`s the distinction?

RICHARD KURTIZ, CRIMINAL DEFENSE ATTORNEY: Well, they want to obviously protect themselves and protect the community. What they`re doing is they`re trying to make sure that whoever this person who`s wielding a gun has obviously shot somebody, who`s admitted to shooting somebody, is going to not be a threat to everybody around him.

So the fact that he`s detained, questioned, and put in the back of a police cruiser is typical, typical investigation. Everything is going according to plan the way it should go. They`re questioning him. They make a decision as to what to do with him. They`re doing everything right. From what I`m seeing, they`re doing everything right.

VELEZ-MITCHELL: What I`m asking though, is how is that not arresting him. It`s because they didn`t get fingerprints or a mugshot.


VELEZ-MITCHELL: I understand the difference between arresting and charging, but this looks like an arrest. What`s the difference?

KURITZ: Well, they`re clearly detaining him. An arrest is actually formally where the police officer chooses to charge you with an offense. After that, in the state of Florida, the prosecutor makes the decision as to whether to charge you with the offense. You`re arrested for it; it doesn`t mean you`re going to be charged with it. And so what`s happening here is he`s being detained for the safety of the community.

VELEZ-MITCHELL: Again, I want to keep playing this. This is from This is breaking news. This is the first video we have seen of George Zimmerman, period. I mean we`ve all seen photographs of him, but now we`re seeing video of him immediately after the shooting.

I would love to freeze-frame this video, zoom in and see if he has a broken nose. Because he claims that he had a broken nose. Dr. Vincent de Mayo, former chief medical examiner of Bear County and that`s in Texas. You`re watching all of this. What are the forensics that are going to be key here?

DR. VINCENT DE MAYO, FORMER CHIEF MEDICAL EXAMINER, BEAR COUNTY, TEXAS: The nature of the gunshot wound. Was it close range, distance? Was the allegation they struggled over the gun? Well, then there should be powder and soot on the clothing and possibly on the body. The other thing you want to found out is the trajectory of the bullet through the body.

And then you take this information and you correlate it with a statement of the defendant to see if the physical evidence matches the story. The second thing you`re going to do is examine the deceased body for evidence of any other trauma. Are there any broken noses and such or evidence of blows to the forearm as it fits a defensive motion? Or is there hemorrhage in the skin over his knuckles consistent with him having hit somebody?

And the third thing you want to do is you want to do a complete toxicological examination of the deceased`s blood to rule out any drugs abuse. Because that`s going to come up if there`s a trial, you know. Was he under the influence of anything?

VELEZ-MITCHELL: Yes. Again, this is extraordinary footage that we are just getting in from You are seeing video of George Zimmerman for the first time.

And I got to say, as I look at this, Nancy, I don`t see, I`m not looking at it up close and I have bad eyesight.

GILES: I know. I see the same thing.

VELEZ-MITCHELL: But does it look like he`s -- what are you seeing here?

GILES: Well, like you, I`m seeing it from a distance and I`m leaning forward and squinting. But it doesn`t appear from this distance that the guy has a broken nose. I heard or read about a lot of blood that was on his clothing and bloodstains and perhaps it`s under his jacket but I`m not seeing any of it.

VELEZ-MITCHELL: Fascinating stuff.

GILES: I know.

VELEZ-MITCHELL: You`re looking at George Zimmerman immediately after the shooting. More next.


VELEZ-MITCHELL: More Trayvon Martin in a moment. But first, I think we all deserve a little bit of a laugh break.






NORTON BONAPARTE JR., CITY MANAGER, SANFORD FLORIDA: Let`s be very clear, Chief Lee has been the chief of the Sanford Police Department for ten months. The issues that have been brought to my attention regarding the black community and the Stanford Police Department go back many, many, many years. So there`s a lot of work that needs to be done there.


VELEZ-MITCHELL: All right. More breaking news. We have just created a freeze frame of George Zimmerman. There he is. This is Freeze-frame of the video of him immediately after his arrest -- or he wasn`t arrested, rather -- immediately after the shooting as he was brought in for questioning. The reason I`m hesitating is I`m looking there. I can`t tell. I think forensic analysis will have to be done. I cannot tell whether he has a broken nose or not.

All right. We are going to get final thoughts.

Frank Taaffe, you have just started a Web site, You are George Zimmerman`s neighbor. Let`s very quickly do a round robin like we did last night. What are your predictions? What`s going to happen, Frank, in your opinion?

TAAFFE: Due process.

VELEZ-MITCHELL: That`s it? That`s all you want to say? Do you think he`s going to be arrested?

TAAFFE: I think the new militia Black Panthers should have is been arrested outside of my complex by this weekend. That is who I believe should have been arrested.

VELEZ-MITCHELL: All right. We`re going to go to Nancy Giles, your prediction?

GILES: Well, the Black Panthers didn`t kill anybody. I understand the fear. But I think, one important thing to note is that Trayvon Martin is dead and buried and silenced and we`ll never know his side of the story.

But the one thing that happened tonight that encouraged me was the McClain couple saying that they hope -- they were totally innocent and by their address mistakenly being linked with George Zimmerman, they said that they hope this is a time to heal and a chance for people to heal. And that actually gives me a little hope.

VELEZ-MITCHELL: Yes, I think they were very classy.

GILES: They really were.

VELEZ-MITCHELL: Richard Kuritz, your predictions as a former special prosecutor?

KURITZ: Well, what I expect is going to happen is Angela Corey and her team of prosecutors are going to do a thorough investigation and they`re going to make a decision about prosecuting this case that`s going to be based on the facts, the evidence and not hype and not hysteria. They are going to decide what happened and what can they prove beyond a reasonable doubt and they`ll do it and they`ll do it right.

VELEZ-MITCHELL: Dr. Vincent de Mayo, former chief medical examiner, predictions?

DE MAYO: They`ll arrest him because it`s become a political matter now. There`s so much people -- the President talking, the Congress talking. They`ll arrest him and who knows what will happen after that. It depends on whether there`s any evidence, whether -- well, whatever will happen it will be depending on the evidence.

VELEZ-MITCHELL: Yes, and you`re going to be studying that evidence as it comes out. And remember, Florida is a full discovery state so one of these days ultimately we will see all the evidence that was used to make whatever decision is made.

Michael Skolnik, prediction?

MICHAEL SKOLNIK, EDITOR IN CHIEF, GLOBALGRIND.COM: I think we`ll continue to show the family love and support. I was there on Monday with the family, with the mother and the father. I think let us not forget this is the son of Tracy Martin and the son of Sabrina Fulton and we have to show them love and continue to show them love and not just make Trayvon the icon but this is a young man who died.

VELEZ-MITCHELL: All right. Joe Hicks?

JOE HICKS, CONSERVATIVE COMMENTATOR: I think he will face prosecution, and I think after that the facts will determine what will happen. My disappointment is the racial manipulations going on here. Jesse Jackson and other people coming in saying there`s a war on black men. There`s no reason for that. It does not help anything.

And always the racial vote to descend and pick the bones of the body of a case like this and it`s very unfortunate.

VELEZ-MITCHELL: More on the other side.


VELEZ-MITCHELL: And we have more new news for you. Frank Taaffe, you heard from him on our show, George Zimmerman`s neighbor and supporter, gave us a voice mail you are about to hear from George Zimmerman, he says, in which George mentions that Frank Taaffe lost a son himself at one point. Let`s listen to that voice mail.


GEORGE ZIMMERMAN, NEIGHBORHOOD WATCH CAPTAIN: Hey, Mr. Taaffe. This is George. First and foremost I wanted to say I`m very sorry for the loss of your son and I can`t imagine what you must be going through. Secondly, I wanted to thank you for doing everything you`ve been doing. I know you don`t have to, and I appreciate it. And you`re truly setting an example for me for the future of doing the right thing even when it`s tough. And I appreciate it. I`ll talk to you soon.


VELEZ-MITCHELL: We`ll analyze that voice mail tomorrow right here so join us for that.

Nancy Next.