Tuesday, July 9, 2013

Marijuana, computer animation issues at Zimmerman trial

Marijuana, computer animation issues at Zimmerman trial, The jury in the murder trial of George Zimmerman could spend part of Tuesday listening to testimony about the marijuana in Trayvon Martin's system when he died.

The jury might also view a computer animation of the shooting.

Both issues are important parts of Zimmerman's self-defense claim, his lawyers said. A ruling Monday allowed the jury to learn about the drugs. Judge Debra Nelson was holding a hearing Tuesday to determine whether a jury sees the computer animation created by a defense witness.

Mark O'Mara says the animation presents the fact that Trayvon Martin was shot at a 90-degree angle and supports the way the defense believes the shooting happened.

"We know animations are very admissible and often used," O'Mara said.

Daniel Schumaker, who created the animation, testified that he has worked on scores of criminal cases, often creating animated crime scene reconstructions using photographs, measurements and motion capture suits.

Schumaker got involved in the shooting of Trayvon in April 2012 after a meeting with defense attorneys. Soon after, he visited the community where the shooting occurred, looked at crime scene photos and used police measurements from that night, he testified. He also got witness statements, 911 calls and diagrams drawn by residents who saw parts of the struggle before the shooting.

"I believe I has everything I needed to create the scene," Schumaker said.A hearing Tuesday will determine whether a jury sees a computer animation created by a defense witness.

At the request of Assistant State Attorney Richard Mantei has argued that the animation does not "represent a complete or accurate record of the evidence." Mantei wrote in court papers that the state thinks the animation is "speculative and irrelevant." It also doesn't accurately depict the lighting on the night of the shooting, "deliberately fails to show or even symbolize the murder weapon," and relies on Zimmerman's version of events for the positioning of bodies during the struggle, Mantei said.

The state prosecutor argued the animation, if admitted, would be "prejudicial and confusing to the jury."

Zimmerman, 29, who was a neighborhood watch volunteer, says he acted in self-defense when he shot and killed Trayvon, 17, minutes after calling police to report that he was following a suspicious person in the gated community.

Speculation that Zimmerman, who is Hispanic, profiled, followed and murdered the black teen sparked racial controversy and protests around the country last year. Zimmerman, who faces life in prison if convicted, has maintained that race did not factor into his actions.

The defense could present witnesses to discuss the level of marijuana found in Trayvon's system at the time of his death. Nelson ruled Monday that the jury will learn about a toxicology report. State attorneys had tried to keep the information out of trial, arguing that the amount of marijuana was minimal and would prejudice the jury.

However, Zimmerman's attorneys succeeded in arguing that the report was important and would give the jury insight into the night of the shooting.

Shiping Bao, the medical examiner who did the autopsy of Trayvon, said he believes the marijuana may have had some effect on the teen. He initially thought the amount of drugs didn't have an impact but later changed his opinion and now believes the drugs had an effect. Now, Bao, who testified for the state last week, may be called to testify for the defense.

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