Wednesday, May 29, 2013

Trayvon martin

Trayvon martin,  George Zimmerman's murder trial will start next month as scheduled, a judge decided Tuesday, and the defense cannot use its opening statement to impugn Trayvon Martin's reputation.

But the judge ruled that some derogatory information could be admitted during the trial if the defense can show relevance.

Martin, 17, was shot to death in February 2012 as he walked home in a gated Sanford neighborhood in the rain, hoodie covering his head. Zimmerman, then a neighborhood watch volunteer, thought Martin looked suspicious and followed him. A confrontation ensued, and the unarmed Martin wound up dead. Zimmerman says he fired in self-defense.

Florida Circuit Judge Debra S. Nelson buzzed through a series of pretrial motions Tuesday, laying the groundwork for what jurors will hear during Zimmerman's second-degree murder trial.

One of her clearest rulings: Defense attorneys will not get more time to prepare. Jury selection will begin June 10, when 500 potential jurors are scheduled to walk through the courthouse doors.

In general, she banned the defense from introducing reputation-damaging evidence about Martin. But if the defense can convince her it's relevant, she may allow evidence showing that at the time of his death Martin had marijuana in his system, that he had discipline problems at school and that he had a history of fighting.

After the two-hour hearing, defense attorney Mark O'Mara predicted he could show relevance. "I'm hopeful I'll be able to lay a foundation to get it in," he said.

Specifically, he was referring to text messages found on Martin's cellphone that indicate, among other things, that the teen was involved in competitive fighting. The issue of Martin as fighter is key because Zimmerman, now 29, says he shot Martin in self-defense after the teen attacked him.

"I'm happy with the judge's rulings," O'Mara said.

Benjamin Crump, an attorney for Martin's family, also was pleased with the rulings, which he interpreted as outright bans.

The judge did issue some of those: Jurors will not hear about Martin's prior marijuana use, nor will they see a photo of him wearing a set of gold teeth.

Those rulings came because last week, defense attorneys released a glut of information, including photos from Martin's cellphone that showed potted marijuana plants, a semiautomatic handgun and text messages revealing that he had discipline problems at school and that his mother had asked him to move out.

Crump on Tuesday said the defense was "polluting the jury pool."

"Trayvon Martin did not have a gun," Crump said. "Trayvon Martin did not get out of his car and chase anyone. Trayvon Martin did not shoot and kill anyone."

In court, O'Mara mentioned for the first time Tuesday new pieces of evidence potentially damaging to Martin's reputation: that the teenager had shot video of his buddies beating up a homeless man, that Martin had served as referee in a fight and that he had won another fight after punching his opponent in the nose. Zimmerman's nose was broken in his confrontation with Martin.

One of the most important issues before the judge was what to do with a state audio expert, Alan Reich, who is expected to testify that he heard Martin say, "I'm begging you," in the background of a 911 call made by a neighbor just before Zimmerman shot Martin.

Nelson will hold a hearing June 6 to determine whether Reich used scientifically accepted techniques.

She will also take up another issue then: Did prosecutor Bernie de la Rionda lie when he told her he had turned over every scrap of evidence from Martin's cellphone to Zimmerman's attorneys?

Wesley White, a lawyer and former co-worker of De la Rionda, testified Tuesday that he did not. White said the phone had contained a photo of a hand holding a gun and another image of drugs.

O'Mara said those were not turned over.

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