Glenn, she did say that.
However, if she does not so instruct the jury;
and
if the prosecution is allowed to make the argument in its closing (which is AFTER the defense's);
then the jury will go into deliberation having freshly been told by the prosecution that the follow itself constitutes initiating a fight, without instruction from the judge that this is not so under the law.
That is a big genie to put back in a bottle, but I don't believe the defense gets a word after the prosecution's closing.
I don't think setting the jury up to decide whether the defense attorney or the prosecutor is correct on a point of Florida statute is a wise course for the judge.
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