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A new twist.
Manslaughter charge allowed
Judge Debra Nelson ruled Thursday that jurors will be allowed to consider manslaughter instead of the original second-degree murder charge against Zimmerman. But she denied prosecutors' request to let the jurors also consider third-degree felony murder in their deliberations.
Prosecutors argued that charge on the theory that Zimmerman had committed child abuse when he shot and killed 17-year-old Trayvon Martin on February 26, 2012. Nelson questioned a requirement in Florida law that would have required jurors to find Zimmerman intentionally committed child abuse.
"I just don't think the evidence supports that," she said.
Before Nelson's ruling, defense attorney Don West reacted angrily to the proposal, accusing prosecutors of springing the theory at the last minute and calling it a "trick."
"Oh my God," he told Nelson. "Just when I thought this case couldn't get any more bizarre, the state is seeking third-degree murder based on child abuse."
But Nelson agreed to allow the manslaughter charge after prosecutors argued that Florida law requires its inclusion.
In arguing unsuccessfully against the manslaughter charge, West told Nelson that Zimmerman believes that because the "state has charged him with second-degree murder, they should be required to prove it, if they can."
Prosecutors sought the additional charges to give jurors more options should they find Zimmerman didn't commit second-degree murder when he killed Martin.
Ex-Sanford police chief: Zimmerman probe 'taken away from us'
In other issues, attorneys also argued over a defense request that Nelson tell jurors that following someone isn't a crime.
"You are absolutely allowed to follow, especially if you want to tell the police, that cannot be considered provocation, carrying a licensed firearm cannot be considered a threat," West argued.
But Nelson said there's no Florida law that explicitly says following someone is not illegal, so she couldn't tell the jury that it's part of the law.
She also denied the defense's request to instruct jurors about how they should view circumstantial evidence.
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