Zimmerman Judge Rules Prosecution Can Include Manslaughter Charges Over Defense’s Objections

Judge Debra Nelson ruled that the jury could consider manslaughter as a lesser charge in their deliberations in the George Zimmerman trial.

Only three hours ahead of the prosecution’s closing statements, prosecuting attorney Richard Mantei argued that a variety of charges below second degree murder, the original crime charged to Zimmerman, should be considered, including manslaughter, third degree murder, and child abuse (Trayvon Martin was seventeen.)

“Manslaughter is a category one lesser included offense of first degree murder,” Mantei argued, while citing a case that said a trial judge had no discretion as to the inclusion of a lesser offense necessarily contained in the greater offense—in this case, the manslaughter that’s part of second degree murder charge.

The prosecution also abandoned an aggravated assault charge against Zimmerman, to which Judge Nelson agreed.

Defense attorney Don West objected to the lesser charges. “[Zimmerman’s] position is: the state has charged him with second degree murder, they should be required to prove it if they can, and if they can’t prove it, then that is the failing of the prosecution. Had they wanted to charge him with manslaughter instead, under their theory of prosecution, whatever it may actually be…they could do that. We object, we want this to go to the jury as second degree murder only.”

Watch the segment of the trial below, via CNN:

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