ALL the evidence should be heard, including the background of both the deceased and the shooter.
ALL of it.
Trayvon Martin hearing focuses on what jury can hear
Yamiche Alcindor, USA TODAY9:16 a.m. EDT May 28, 2013
SANFORD, Fla. – Two weeks before the trial of the man charged with murdering Trayvon Martin is set to begin, lawyers will be back in court Tuesday to argue a number of issues, including how much the jury should learn about the late teen, which experts will be allowed to testify, and whether the trial will start on schedule.
On Tuesday, Mark O'Mara, George Zimmerman's defense attorney, will ask Circuit Judge Debra Nelson to postpone the trial, to assess whether voice identification experts should be allowed to testify, and to allow the jury to learn about Trayvon's drug use, fights and school history. State prosecutors will ask the court for the third time to enact a gag order as well as to keep Trayvon's past out of the trial and to let the jury hear from an expert who believes Trayvon was yelling for help just before he was shot.
O'Mara and Assistant State Attorney Bernie de la Rionda sparred at length during the last hearing on April 30 when Zimmerman waived his right to a pretrial, self-defense immunity. Tuesday's hearing may be one of the last before the trial connected to one of the nation's currently most sensational and race-sensitive killings takes place.
Zimmerman, a neighborhood watch volunteer, is facing a second-degree murder charge in the Feb. 26, 2012, shooting of 17-year-old Trayvon Martin in a gated Sanford, Fla., community. Trayvon's family argues the young man was profiled, pursued and killed. Zimmerman says he shot Trayvon in self-defense after being attacked.
The trial for Zimmerman, who remains free on $1 million bond, is scheduled to begin June 10.
TRAYVON MARTIN: Zimmerman defense releases new photos of Trayvon Martin
For months, O'Mara has claimed publicly that a June 10 trial date was too early to prepare his case. In his most recent filing, the attorney says he needs more time to hire a speech identification expert and vet Alan Reich, a state witness and forensic acoustics consultant who believes the voice heard crying for help on a 911 call the night of the shooting is Trayvon Martin. "The defense counsel will not have enough time to direct this new matter between now and the time of trial," O'Mara writes.
The 911 call in question has long been thought to be a critical piece of evidence in a case where no eyewitnesses seemed to get a good look at the fight between Zimmerman and Trayvon. During the call by a resident of Retreat View Circle, a voice screams for help until a gunshot is heard. Using "scientific observations," Reich tentatively concluded that the voice was that of Trayvon because, among other things, the screaming stopped when the shot went off, Zimmerman's voice samples didn't match the call, and the voice was that of a young boy.
Judge Nelson denied an earlier motion by O'Mara to delay the trial date.
Meanwhile, defense attorneys last week asked permission to show the jury Trayvon's text messages, unsavory photos of the teen smoking, and a photo of a hand holding a gun taken from the young man's cellphone. They also want to introduce Trayvon's toxicology report that showed he had marijuana in his system the night of the shooting, his school records, and evidence that he may have owned gold teeth and gotten into fights.
Prosecutors say the information should not be admitted. "Such evidence, and anything akin to such evidence, is irrelevant, has no probative value and would serve only to prejudice the jury," Assistant State Attorney John I. Guy wrote.
Assistant State Attorney de la Rionda is also asking for a gag order for the third time, saying O'Mara's continued public comments will make it harder to find a jury. Each attempt at a gag order has been denied.
On Tuesday, Judge Nelson may also hear about several other issues including:
• State motions to prohibit witnesses from offering their opinions about Zimmerman's guilt, the proper punishment he should receive for his actions, and from telling the jury to disregard the law.
• A state motion to compel George Zimmerman's wife, Shellie Zimmerman, to testify at a deposition as well as a motion to keep George Zimmerman from testifying about his lack of prior felony convictions.
• A defense motion to keep the identities of potential and actual jury members anonymous as well as a motion to allow the the jury to visit the area in the gated community where Trayvon was killed.
Bookmarks