Judge in Trayvon Martin Case Puts Limits on Defense
By LIZETTE ALVAREZ
Published: May 28, 2013
MIAMI — Lawyers for George Zimmerman, who is charged with second-degree murder in the killing of Trayvon Martin, will be barred from mentioning Mr. Martin’s marijuana use, history of fights or high school suspension during opening statements in Mr. Zimmerman’s trial, which begins June 10.
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George Zimmerman’s lawyer, Mark O’Mara, arriving at court on Tuesday. Mr. Zimmerman’s trial begins June 10.
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The Events Leading to the Shooting of Trayvon Martin
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George Zimmerman was interviewed by the Sanford Police Department in the hours and days after he killed Trayvon Martin.
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Feb. 26, 2012, Part 1
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Feb. 26, 2012, Part 2
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At a hearing Tuesday in a Seminole County court, Circuit Judge Debra Steinberg Nelson denied a string of defense motions concerning evidence that was intended to portray Mr. Martin as a troubled teenager with a propensity for fighting and an interest in guns. Prosecutors argued that such evidence had nothing to do with Mr. Martin’s death.
Mr. Martin, an unarmed 17-year-old, was killed in Sanford, Fla., on Feb. 26, 2012, by Mr. Zimmerman, who said he shot him in self-defense.
Mark O’Mara, Mr. Zimmerman’s lawyer, argued that Mr. Martin’s drug use could have made him aggressive and paranoid, which the defense said might have prompted him to attack Mr. Zimmerman, 29, a neighborhood watch volunteer.
“All of that fits in squarely to what the defense is going to present: that George Zimmerman was put in the position that he had to act in self-defense,” Mr. O’Mara said. “How could you keep us from arguing that?”
Judge Nelson replied, “The rules of evidence keep you from doing it.”
The judge left open the possibility that some of the information, including Facebook postings and text messages, might come up at trial, but she set a high hurdle for the defense. Mr. O’Mara called the decision a victory, saying that it would force prosecutors to be careful in how they portray Mr. Zimmerman.
“You get ready for whatever battle they may throw at you, with the hope that most of your weapons stay in your quiver,” Mr. O’Mara said at a news conference after the hearing.
Mr. O’Mara, as he has in the past, asked that Judge Nelson delay the trial because the defense is still taking depositions and reviewing material that was turned over by prosecutors only recently. That request was denied.
Judge Nelson denied a request that jurors be allowed to visit the gated townhouse complex where Mr. Martin was shot, calling it a “logistical nightmare.” Mr. O’Mara said he wanted jurors to get a feel for the shadowy path between two rows of town houses where Mr. Martin was shot.
The judge also denied a request that defense lawyers and prosecutors be prevented from talking publicly about the case, and she refused to sequester the jury pool, which could number 500 people, during the selection process. Prosecutors said it would be too expensive and unwieldy to sequester that many people. The judge has not ruled on whether the jurors who are selected should be sequestered.
Defense lawyers and prosecutors both said they would agree to the jury’s being sequestered, given the trial’s high-profile nature.
Mr. O’Mara said the Zimmerman case was so weighed down by “social and community pressure” that a jury could fear the consequences of acquitting Mr. Zimmerman.
“We have to do everything possible to keep this jury from infection,” Mr. O’Mara said in court.
There is little other agreement between defense lawyers and prosecutors. Mr. O’Mara has repeatedly accused prosecutors of dragging their feet in turning over evidence, a charge that they have disputed.
Mr. O’Mara took that accusation one step further on Tuesday and told the judge he had evidence that prosecutors had concealed information. He said that Wesley White, a lawyer who worked for Angela Corey, the state attorney in Jacksonville, Fla., whose office is prosecuting the case, had told him that prosecutors had received a report with information about photos taken on Mr. Martin’s cellphone. Mr. O’Mara said he never received the report or information about the photos, which were said to have included images of drugs and a gun in someone’s hand.
The photos’ content is not as important as the charge that Bernie de la Rionda, the lead prosecutor, did not turn them over to the defense. Mr. O’Mara wants the court to penalize the state, and Judge Nelson will conduct a hearing on the matter a week from Thursday.
After the hearing, Benjamin Crump, the Martin family’s lawyer, said that Mr. O’Mara was wrong to portray Mr. Martin as a drug-using, brawl-happy, gun-loving teenager. He said the judge was justified in ruling that another set of photos and text messages were inadmissible. He also accused Mr. O’Mara of releasing information about the photos and messages last week to “sway and pollute and influence the jury.”
“Trayvon Martin did not have a gun,” Mr. Crump said, as Mr. Martin’s mother, Sybrina Fulton, stood next to him. “Trayvon Martin did not get out of the car to chase anybody. Trayvon Martin did not shoot and kill anybody. Trayvon Martin is not on trial.”
A version of this article appeared in print on May 29, 2013, on page A12 of the New York edition with the headline: Judge in Trayvon Martin Case Puts Limits on Defense.