Zimmerman’s defense makes Trayvon Martin’s image an issue
theGRIO REPORT - With his second degree murder trial looming, George Zimmerman's defense attorneys on Thursday posted several items from discovery in the case, including texts and photos from Trayvon Martin's cellphone...
The information released on Thursday includes material that prosecutor Bernie de la Rionda previously requested be excluded from evidence by the judge in the case, saying they are irrelevant to the charges against Zimmerman.
The attorneys representing Martin’s family released a statement to that effect on Thursday. “The only photos or videos that are relevant or admissible at trial are those of Trayvon taken the day he was shot and killed by George Zimmerman,” the statement read. “There is no evidence that Trayvon neither had gold teeth nor gave anybody the finger the night he was shot and killed. Therefore those pictures are irrelevant and will not be admitted into evidence.”
“Is the defense trying to prove Trayvon deserved to be killed by George Zimmerman because the way he looked? If so, this stereotypical and closed-minded thinking is the same mindset that caused George Zimmerman to get out of his car and pursue Trayvon, an unarmed kid who he didn’t know. The pre-trial release of these irrelevant red herrings is a desperate and pathetic attempt by the defense to pollute and sway the jury pool,” the statement continued. It concluded:
“The evidence that will be admitted at trial is the legally documented history of George Zimmerman’s propensity for violence, such as his arrest for battery on a law enforcement officer, his injunction to prevent domestic violence taken out by his ex-girlfriend, and evidence of his training as a bouncer for Data Whore Productions, Inc.”
Zimmerman was charged with resisting a police officer in 2005, which was reduced to a charge of resisting an officer without violence when he agreed to enter an alcohol training program after he allegedly shoved a plain clothes officer who was hassling a friend for alleged underage drinking. That same year, Zimmerman’s former fiancee, Veronica Zuazo, filed for a restraining order alleging domestic violence, saying Zimmerman slapped her. Zimmerman filed a restraining order of his own against Zuazo, and both were granted.
Natalie Jackson, the Sanford-based lawyer who is also part of the Martin legal team, said in a statement to theGrio: “The photo and documents released by George Zimmerman’s defense team today are irrelevant to his guilt or innocence. Their release was meant solely to prejudice a potential jury pool in the days leading up to trial. As the defense knows, it is highly unlikely that any of these red herrings will even be admitted into evidence at trial.”
Zimmerman’s attorney, Mark O’Mara, told theGrio the information was released as part of a discovery process begun by prosecutors last year, and that the disclosure was required under state law. O’Mara has aggressively sought Martin’s school records and has filed motions to include evidence that Martin used drugs, citing self-defense statutes in Florida that allow defendants to present evidence about the deceased person’s background. He said the defense hadn’t determined whether, and what, information about Martin they would try to introduce at trial.
“It depends on the way the prosecution handles their case.,” O’Mara said. “If they handle it in terms of only the five minutes of interaction between Trayvon Martin and George Zimmerman, I’m not sure this would need to come into evidence.” But he said that if prosecutors make character an issue at trial, then he has to be prepared to respond. And he said he would likely try to introduce evidence of marijuana use by Martin, “because he had that in his system.” Traces of THC, the active ingredient in marijuana, were found in Martin’s system, according to the autopsy report, which indicated the amount would have been insufficient to cause “performance impairment.”
If prosecutors “don’t go down the road of ‘George is this person’ and ‘Trayvon is this person,'” O’Mara said, he would be unlikely to try and introduce the items released on Thursday. “If they do open those doors then I think this information is hugely relevant.”
Kendall Coffey, the former U.S. Attorney for the Southern District of Florida, who is now in private practice, said Florida law allows more latitude to defendants in murder trials, when it comes to presenting evidence about the character of the victim.
“In contrast to cases of sexual assault, there is not a generalized ‘shield law’ to protect the past character of an alleged homicide victim,” Coffey said. “However, any attempts to attack the char of Trayvon Martin will be carefully scrutinized by the judge, who performs a vital role as gatekeeper. To be relevant, the evidence concerning Trayvon Martin would have to support a self-defense claim. More specifically, f it would have to be evidence of a reputation for violence or of specific past acts of violence. So a number of items that may be fodder for the court of public opinion will not be permitted before a court of law, depending on the relevance of the alleged evidence.”
Next: Lawyer blames prosecutors for disclosures
