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June Jobs Report: 195,000 Jobs Added, 7.6 Unemployment; Zimmerman on Trial, Trayvon Martin's Mother to Testify Today

Aired July 5, 2013 - 08:30   ET


CHRIS CUOMO, CNN ANCHOR: Let's head down to Sanford, Florida. We got George Howell down there outside the courtroom. We do know, George, that defense counsel is not there yet, but the prosecutors are. What do we know about the family? Has the family showed up?

GEORGE HOWELL, CNN CORRESPONDENT: Well, Chris, good morning. We do expect to hear from the families. Still unclear whether they've showed up yet, but we do know that this is a big day for the prosecution. We expect to hear from Sabrina Fulton who will likely testify that the voice on the 911 audio, that that is the voice of her scream -- her son, rather, screaming for help.

We also know that we should hear from the medical examiner in this case. This is the medical examiner who handled the autopsy of Trayvon Martin to talk about that wound, that fatal shot that killed him. This is the day that the prosecution will rest their case.

CUOMO: What do we know about the family? Has the family showed up?

GEORGE HOWELL, CNN CORRESPONDENT: Chris, good morning. We do expect to hear from the families. Still unclear whether they've showed up yet but we know this is a big day for the prosecution.

We expect to hear from Sybrina Fulton, who will likely testify that that voice on the 911 audio, that that is the voice of her scream -- her son, rather, screaming for help. We also know that we head hear from the medical examiner in this case. This is the medical examiner who handled the autopsy of Trayvon Martin, to talk about that wound, that fatal shot that killed him.

And this is the day that the prosecution will rest their case. The defense attorneys will then lay out their case for the next several days, Chris, calling witnesses in to explain George Zimmerman's side of the story.

CUOMO: All right, George. The table is set down there. Let us know when it gets underway and we'll come back to you, OK? Thanks for the reporting.

HOWELL: Absolutely.

KATE BOLDUAN, CNN ANCHOR: All right, we want to get straight to some big U.S. economic news. The June jobs report just out right now. Zain Asher here. You actually just had the phone to your ear as you were getting the news. ZAIN ASHER, CNN BUSINESS CORRESPONDENT: Literally, yes.

BOLDUAN: So what's the news for June?

ASHER: OK, 195,000 jobs added in June. Unemployment rate essentially unchanged at 7.6 percent. Now, guys, this is absolutely stellar. A lot better than what we anticipated. We only anticipated about 155,000.

Got to bear in mind that anything over 200,000 is pretty phenomenal. Now, it's all about how the market is going to react to this. We know that good economic news means that the markets may pull back. Is this going to be the end of stimulus?

BOLDUAN: Well, let's talk about -- Rana, come back in with us. 195, to me, that sounds like a big number. That sounds like more than we had expected.

RANA FOROOHAR, CNN GLOBAL ECONOMIC ANALYST: It's way more. I mean, the top expectations were really around 175,000. That was the top of the range. So this is stellar and it really speaks to the robustness of the private sector recovery in this country. Because this is all coming at a time where the government has been cutting back. So private companies are really doing well now.

BOLDUAN: And also we always try to be careful not to make too much from month to month because they are always corrected; there are always adjustments. It's looking at the trend over months. But what does this tell you? What trend do you see now?

FOROOHAR: Well, for starters, in a month where we were expecting to see reduced numbers, May, this is a really good trend. And it probably makes the Fed feel pretty good about their decision to start tapering back on the asset buying, which has affected markets recently.

ASHER: And I just want to say that I've just been told in my ear that futures are up strongly. So the market is reading this as a positive sign, that, you know - markets are actually reading this as a positive sign, which is not what we anticipated. We thought the market would be down because good economic news, but the market is actually interpreting this positively.

FOROOHAR: And I think that what that means is that companies are back. The private sector in America really is starting to come back. And if that's the case, ultimately, you would expect to see some wage increases and that's what we really need in this country, which is made up 70 percent of consumer spending, in order to have a robust recovery.

BOLDUAN: And that is one thing that we were talking about. It's not just any job. It's -- what we've seen in some of the growth is that they've been more low paying jobs and people are still underemployed.

ASHER: Exactly. Especially in retail as well. You're seeing that in retail; you're seeing these low-wage jobs coming back. So it's not just about quantity, you have to take into account quality as well.

BOLDUAN: Then do you think -- kind of have maybe a compounding effect? The more jobs that you're seeing, the better the wages will be, the more confident businesses will be.

FOROOHAR: Absolutely. I mean, you need to see that unemployment rate over the next few months start to tick down. If it does consistently start to tick down, you should start to see wage increases. And, again, you need to have more money in folks' pockets for them to be able to spend.

BOLDUAN: And a big question always remains, are people -- just the fact that people are maybe even getting back into the job market to even search for a job. Because what we saw during the recession is you just saw people leaving the job market; they weren't even looking for work anymore. They had just given up.

FOROOHAR: That's right.

ASHER: And, Kate, this is interesting because June is a tricky month because you have a lot of college grads entering into the market, looking for jobs, and that might actually make the unemployment rate tick up slightly. You've got teenagers looking for summer jobs --

FOROOHAR: And that's very important because when young people start in a bad job market, they never recover those gains in wages. So this is a really important turning point potentially for the market.

BOLDUAN: Like some good news on a Friday? Good jobs report. We'll watch it closely, Chris.

CUOMO: Perception is reality. Hopefully.

We're going to take a quick break here on NEW DAY. We'll be back with the Zimmerman trial when it begins. See you in a second.


CUOMO: Welcome back to NEW DAY. The George Zimmerman trial is literally getting underway right now. The jury is being sat, ready for testimony. Prosecutors still bringing their case. We believe that members of Trayvon Martin's family, most notably his mother, may be brought to the stand.

The lawyers were just showing how contentious the situation is. They were arguing with the judge about something called judicial notice, where the judge just accepts something as true, about the weather on the day and night that this happened. And it shows how every point is being disputed.

Why is the weather relevant? Well, it goes to moisture, and it goes to description of the event and where grass was found and moisture was found on the clothing. The judge said that they would argue points after testimony today. Sometimes they do it before.

George Zimmerman has been brought into the room. You see him there on your screen. As we await this, three big points for today to remember. The first is the judge isn't the one who said family should testify to the voice. The voice expert, who was in this trial, said, "I can't tell who it is. Family and familiar people would be better suited to identifying the voice." That was huge for the prosecution, teed up bringing them along.

BOLDUAN: And we're talking about the shouting for help. It sounds like that you hear in the background of one of the 911 calls that has played so critical. It will help decide, they hope, for the jury, who was the aggressor because who is shouting for help right before you hear that gunshot go off.

CUOMO: And it goes to one of the two fundamental things here. One is self-defense. If George Zimmerman is the one screaming, then it shows obviously distress. If Trayvon Martin is screaming, obviously it shows fear of perception of being hurt maybe by the weapon.

The second part, even if the jury believes it was Trayvon Martin, the prosecutors still have to show beyond a reasonable doubt that this was murder and that it wasn't just an accident gone wrong.

BOLDUAN: That's become a big questionm if it is murder or if the prosecution maybe had overstepped because there is such a higher bar to meet to prove second degree murder versus manslaughter. We started hearing that talked about.

We're obviously listening in our ear to the judge. They're just bringing this all to order. Obviously, seeing George Zimmerman right there. But the big thing that we've been talking about throughout the day, Chris, and you can obviously say why it's so important --

Let's listen in for a second.


JUDGE DEBRA NELSON: During recess, did any of you have any discussions amongst yourselves or with anybody else about the case? No hands are being raised. Did any of you listen to any radio, television, or newspaper reports about the case? No hands are being raised. Did any of you use any type of an electronic device to get on the Internet to do independent research about the case, people, places, things or terminology? No hands are being raised. Finally, did any of you read or create any e-mails, text messages, Twitters, tweets, blogs or social networking pages about the case?

Thank you very much. The state may call your next witness.

BERNIE DE LA RIONDA, PROSECUTOR: The state will call Sybrina Fulton.

CUOMO (voice-over): Sybrina Fulton is the mother of Trayvon Martin. Is a very important witness for the prosecution, probably their last big witness of their case.

UNIDENTIFIED FEMALE: -- the whole truth and nothing but the truth, so help you God?



DE LA RIONDA: Judge, can we approach the bench?

NELSON: Yes, you may.


BOLDUAN: So, you can hear when it's muted. That means that they're having a conversation with the judge obviously going over some -- they've been disputing a lot of very technical small things, from the little to the big. And that's what happens when the mikes go down. The judge kills the sound in the room so we can all -- so we out here don't listen in to the private conversations that they're having up with the judge.

CUOMO: Right. They're involving the court reporter also. Obviously, she is the stenographer. She's taking in all testimony, creating the record for it. And this was brought up by the defense counsel. They wanted to have a discussion. But you see, obviously, at the bar, known a the bench where the judge sits, you have prosecution and defense so that they can listen in and understand what the exact issue is.

BOLDUAN: And, Chris, this is such a significant day. Every day there's been major developments in this case but everyone has been watching and waiting to find out if any family members on Trayvon Martin's side or George Zimmerman's side would be taking the stand to testify. And as we just saw, they've called up Trayvon Martin's mother, Sybrina Fulton, and she will be speaking.

And clearly she has been emotional, understandably, throughout the entire trial. The camera has been on her off and on, very emotional, leaving the courtroom, turning away when key evidence has been brought forward, especially if it's difficult photos or even the hoodie that her son was wearing on the night that he was killed.

CUOMO: And it brings things back into sharp focus here. You know, we talk about how the jury is only six people -- it's unusual to Florida. That they're all women, that's highly unusual. But it's not really about female emotion to connect with Trayvon Martin's mother. It brings into focus that there is a victim here who lost his life, who didn't have a weapon, and wasn't in a clear, criminal activity.

You know, so any way you look at it in terms of the explanation for Trayvon Martin's death, it was something that didn't have to happen. And that's what this jury is reminded, first of all. Here's someone that lost their kid and it didn't have to happen. And we believe the person responsible, says the prosecution, is George Zimmerman. That was no accident.

So that's what the mother ends up bringing back, and that's why you have the medical examiner come on also. Bring those pictures back. Remember, it's about this, not all the fancy things we've been talking to you about and all the confusion. He's dead. Somebody did it. We know who it was. The question is why.

So that's important. It's important here for them to hear her.

BOLDUAN: We do know, I mean, because Sybrina Fulton previously -- before the trial had started -- she had had done some interviews where she had said very clearly, even telling our Anderson Cooper that she believes the voice on the 911 tape that you hear shouting in distress or shouting for help, she believes, she says that she knows that it is her son's voice. And we know that is something that she clearly will be asked about today.

CUOMO: Let's bring Vinnie Politan in for a second. Vinnie, you know, you're not a mind reader, but best guess -- what kind of things are they talking about at the bar? Prosecution initiated it, brought the court reporter up there. Any guess?

VINNIE POLITAN, CNN LEGAL ANALYST: Yes, it's something that they don't want us to hear and they don't want the jury to hear, as well. I'm not sure what they're talking about but what I'm thinking about right now as I look at that picture, Sybrina Fulton's sitting there in that witness chair, Chris, and waiting for this moment. My goodness, what this whole thing has done to her life, and now she's in a courtroom. She wants justice for the killing of her son. And it's going to be her moment, and now she just has to sit there and wait while the judge and the lawyers discuss whatever they're discussing. But the bottom line is this is the most dramatic moment of this trial to date.

BOLDUAN: Let me ask you this real quick and this coming from me, I'm obviously not a lawyer, have not been in a courtroom like this. How do you balance, when you are -- when you are speaking to a jury, how do you balance clearly the emotion that you're going to feel when you're watching this mother who's lost her son testify with the facts?

And that is not to diminish what this woman has gone through, but there are facts in the case and there's also emotions. Sometimes they go one and the same; sometimes they take you two separate directions. How do you get the jury to focus?

POLITAN: Well, if you're the prosecution, you want a mixture here. You want the emotion. And the judge will instruct the jury emotion has nothing to do with this, but it does. This is the killing of a human being. This is -- that boy's mother on the witness stand.

So, you want that emotion to come out. The facts here are relatively simple and straight forward. Whose voice is it on the 911 call? And we know what Sybrina Fulton is going to say on that we know.

CUOMO: Right.

POLITAN: But the -- the emotion, you don't want to limit that. You want that to come out, you want this jury to feel to what extent they can the loss that Sybrina Fulton feels.

CUOMO: Now in court you only know what you show. That's what lawyers say and that's why the mother is important and even if it is stating the obvious to some degree which this isn't (inaudible) course in the fact.


BOLDUAN: It needs to be saved for the record yes.

CUOMO: The finesse here for the defense is you do not want to cross- examine a wounded mother. You will lose the jury for sure.

Danny Cevallos, criminal defense attorney, your perspective on how they do this flows not through the mother for the defense but through the father and what he may offer in this. Tell us about that, Danny.

DANNY CEVALLOS, CRIMINAL DEFENSE ATTORNEY: Well, you'll recall Tracy Martin, who is Trayvon Martin's father, earlier on told at least someone in law enforcement, maybe the lead investigator, that it was not his son's voice on the tape. So, that could be elicited any number of ways. It will be interesting to see if the defense utilizes that in any way against this witness.

But as to this witness, the mother of Trayvon Martin, there may be that part that she is -- she lacks some credibility, she's a mother and we all know what she's going to say. She believes that the voice is Trayvon Martin's.

But wouldn't any mother have that sort of passionate response? And remember, let's stipulate for the moment that it is Trayvon Martin's voice or that's what she will testify too. We have had other disinterested third party witnesses suggest that the voice was, in fact, Zimmerman's. So I ask you, the question arises, which is ultimately more credible? A third party witness who suggests without any dog in the fight that it is Zimmerman screaming or the mother of the deceased claiming "that's my baby"? That's a question for the fact finder.

CUOMO: Question for the fact finder also known as the juror, in this case, six women. And another thing that they're going to be asking themselves when they go back in the room. If it is George Zimmerman's voice and he says that after he shot Trayvon Martin he thought he was still alive and fine, why did the screaming stop? If it's George Zimmerman and he believes the person he just shot is still going to listen to him why did the screaming shot -- stopped?

It makes more sense that the screaming stopped if it was the victim who was shot because that would stop it.

BOLDUAN: And this is the key question today that they're going to be looking at. Again, you're looking at live pictures in the courtroom as the George Zimmerman trial is getting back under way. Trayvon Martin's mother sitting in the witness stand, sitting there right now getting ready to testify.

We'll be back live right after this.


CUOMO: We're going to be giving you more of what's going on in the Zimmerman trial. The parties right now leaving the judge's desk --

BOLDUAN: They're about to get started.

CUOMO: -- and they're about to start testimony with Trayvon Martin's mother.


CUOMO: CNN cutting the commercial short to take you to George Zimmerman trial, Trayvon Martin's mother on the stand right now. Let's listen in.


BERNIE DE LA RIONDA, PROSECUTOR: And have you lived in Miami your entire life?


DE LA RIONDA: And who do you live in Miami with?

FULTON: My son Jahvaris Fulton and my brother, Ronald Fulton.

DE LA RIONDA: OK. Was Trayvon Benjamin Martin your son?

FULTON: Yes he was.

DE LA RIONDA: And was his date of birth February the 5th of 1995?

FULTON: Yes it is.

DE LA RIONDA: Are you working at this time, ma'am?

FULTON: I am employed. I'm on leave right now.

DE LA RIONDA: OK where are you currently employed or who you are currently employed with where you're on leave?

FULTON: I actually work for Miami-Dade County Public Housing and Community Development.

DE LA RIONDA: OK how long have you been working there, ma'am?

FULTON: I've been with the county for 24 years. I've been with the housing agency for about ten years.

DE LA RIONDA: Prior to going into the housing agency, what did you do?

FULTON: I did code enforcement for 11 years.

DE LA RIONDA: Can you briefly tell us about your education background, ma'am?

FULTON: I have a bachelor's degree with a minor in communications from Gramley State University was half of my courses and I graduated from Florida Memorial University in Miami.

DE LA RIONDA: What was your major? I'm sorry.

FULTON: My major was English with a minor in communications.

DE LA RIONDA: OK. Was Trayvon Martin right or left-handed?

FULTON: Trayvon was right handed.

DE LA RIONDA: Trayvon Martin had two tattoos on his body. Do you know where they were on his body?

FULTON: He had praying hands on his right upper shoulder with his grandmother's and great-grandmother's name. That's the first tattoo. They were praying hands and they had pearls going through them.

DE LA RIONDA: OK and do you know where the other tattoo was?

FULTON: The other tattoo was on his left wrist. He had my name there.

DE LA RIONDA: OK prior to your son's death, had you heard him crying or yelling prior to his death? Have you ever heard him while he was growing up, while you're raising him, have you heard him crying or yelling?


DE LA RIONDA: OK I want to play a recording for you, ma'am.


911 OPERATOR: 911, do you need police, fire or medical?

UNIDENTIFIED FEMALE: Maybe both. I'm not sure. There was just someone screaming outside.

911 OPERATOR: OK, what's the address that they're near?


911 OPERATOR: Twin Tree Lane? Is it in Sanford?


911 OPERATOR: And is it a male or female?

UNIDENTIFIED FEMALE: It sounds like a male.

911 OPERATOR: And you don't know why?

UNIDENTIFIED FEMALE: I don't know why. I think they're yelling help, but I don't know.

911 OPERATOR: Does he look hurt to you?

UNIDENTIFIED FEMALE: I can't see him. I don't want to go out there, I don't know what's going on.

911 OPERATOR: Do you think he's yelling help?


911 OPERATOR: What is your --

UNIDENTIFIED FEMALE: There's gunshots.

911 OPERATOR: You just heard gunshots?



DE LA RIONDA: Ma'am, that screaming or yelling, do you recognize that?


DE LA RIONDA: And who do you recognize that to be, ma'am?

FULTON: Trayvon Benjamin Martin.

DE LA RIONDA: Your honor, subject to the issue we discussed she's going to be recalled, I have no further questions at this time.

DEBRA NELSON, PRESIDING JUDGE: Do you think you want to hold off on your cross until we finish the direct?

MARK O'MARA, GEORGE ZIMMERMAN'S DEFENSE ATTORNEY: I can talk now and then if there's a need afterwards, I'll continue then.

NELSON: OK, then you may do so.

O'MARA: Good morning, ma'am.

FULTON: Good morning.

O'MARA: First we truly apologize for your loss.

DE LA RIONDA: Improper. That is not a question.

O'MARA: Well, I'm sorry.

NELSON: You need to ask a question.

O'MARA: Excuse me.

NELSON: You need to ask a question.

O'MARA: You -- will you tell us the first time that you listened to that tape, when you listened to it, where were you?

FULTON: I was here in Sanford. I believe it was the Mayor's office.

O'MARA: And that was pursuant to a request made by your lawyers to have that tape released, correct?

FULTON: That's correct.

O'MARA: And my understanding is that happened actually in the Mayor's office, correct?


O'MARA: And there were no law enforcement officers present?

FULTON: They were there, but they weren't actually in the room.

O'MARA: They were actually not allowed in the room? Correct?

FULTON: I don't know about that.

O'MARA: OK. Were you present there when Chief Lee was talking to the mayor and to city manager Bonaparte about the concern of having the tape released?

DE LA RIONDA: Objection, hearsay.

O'MARA: I asked whether or not she was there.

DE LA RIONDA: My objection is to hearsay, what somebody else said in her presence.

NELSON: It will be the same as to hearsay. Rephrase your question.

O'MARA: Were you there during the time that Chief Lee, Chief of Police Lee was having a conversation with the mayor and City Manager Bonaparte?


O'MARA: When the tape was played for you, who played it for you?

FULTON: I'm not absolutely sure. I'm just trying to remember back. I think it was the mayor.

O'MARA: It was not a law enforcement officer, correct?

FULTON: It was not.

O'MARA: Who was in the room when that tape was played?

FULTON: Trayvon's dad, Tracy Martin. Jahvaris Fulton, Stephanie Sands, Darien Sands, Benjamin Crump, Attorney Natalie Jackson. I believe Mayor Triplett was there and there may have been one other person, not absolutely sure, but I think Bonaparte was there.

O'MARA: When you say Bonaparte, that is Sanford city manager Bonaparte?


O'MARA: Was the tape -- the first time that you heard that tape, was it played at one time for everybody who was in the room?


O'MARA: Did any one of those witnesses listened to the tape individually or was it all at one time?

FULTON: I don't know if they listened individually, but that was my first time hearing it.

O'MARA: Well, had anybody indicated to you in that group that they had listened to the tape before?


O'MARA: Did Tracy Martin tell you he listened to the tape before?


O'MARA: Had you had any conversations with him about listening to the tape before that event?


O'MARA: Imagine it was possibly one of the worst things you went through to listen to that tape, correct?

FULTON: Absolutely.

O'MARA: And that if it was your son, in fact, screaming as you testified, that would suggest that it was Mr. Zimmerman's fault that led to his death, correct?

FULTON: Correct.

O'MARA: And if it was not your son screaming, if it was, in fact, George Zimmerman, then you would have to accept the probability that it was Trayvon Martin who caused his own death, correct?

FULTON: I don't understand your question.

O'MARA: OK. If you were to listen to that tape and not hear your son's voice, that would mean that it would have been George Zimmerman's voice, correct?

FULTON: And not hear my son screaming, is that what you're asking?

O'MARA: Yes, ma'am.

FULTON: I heard my son screaming.

O'MARA: I understand. The alternative -- the only alternative, would you agree, that if it was not your son screaming that it would be George Zimmerman, correct?

DE LA RIONDA: Objection as to speculation.

NELSON: Sustained.

O'MARA: You certainly had to hope that was your son screaming, even before you heard him, correct?

FULTON: I didn't hope anything. I just simply listened to the tape.

O'MARA: In your mind as his mother there is no doubt whatsoever that it was him screaming, correct?

FULTON: Absolutely.

O'MARA: Did you have any thought in mind how you would react if you (inaudible) or didn't hear your son's voice?

FULTON: I really didn't know what the tape was all about.