The parents of Trayvon Martin, Tracy Martin and Sybrina Fulton, arrive at the trial for George Zimmerman in Seminole Circuit Court. ASSOCIATED PRESS PHOTO
George Zimmerman listens at his trial in Seminole Circuit Court. ASSOCIATED PRESS PHOTO
Defense counsel Mark O’Mara listens to George Zimmerman, with co-counsel Don West (center) in Seminole Circuit Court. ASSOCIATED PRESS PHOTO
THE ASSOCIATED PRESS
Published: July 9, 2013   |
Updated: July 9, 2013 at 11:13 PM
SANFORD - Defense attorneys asked a Florida judge on Tuesday to introduce Trayvon Martin's text messages and a Facebook posting dealing with fighting as evidence at George Zimmerman's second-degree murder trial.
As defense attorneys neared the finish of their presentation, they called computer analyst Richard Connor to read to the judge text messages he found on the 17-year-old Martin's phone in which he purportedly recounted a fight he had been in to a friend.
Martin was unarmed when he was fatally shot by Zimmerman, a neighborhood watch volunteer, in February 2012 in a gated community in Sanford. Martin was black and Zimmerman identifies himself as Hispanic; some activists argued that the initially delay in charging Zimmerman was influenced by Martin's race.
Jurors were out of the courtroom as defense attorneys presented their arguments about the text messages. Judge Debra Nelson heard the testimony during a hearing late Tuesday. She had ruled that information about Martin's interest in guns and fighting couldn't be used during opening statements, but she had left open the possibility that they could be introduced later.
As the hearing dragged past 10 p.m., defense attorney Don West complained that the defense hadn't been given Martin's cellphone data by prosecutors in a timely manner, which would have allowed them to authenticate the messages.
"It's simply unfair for Mr. Zimmerman not to be able to put on his defense because of these tactics," West said.
When a frustrated Nelson abruptly told the attorneys that she would rule Wednesday, West continued to address her after she officially had adjourned for the evening. He complained about a schedule that had lawyers working weekends and taking multiple depositions during the trial, in which jurors have been sequestered.
Prosecutor John Guy said jurors shouldn't be presented with the text messages and photos of a gun found on Martin's phone, as well as a Facebook posting from a half-brother asking Martin when he was going to teach him how to fight.
"It would mislead the jury and be prejudicial," Guy said. "It doesn't tell us about Trayvon Martin and certainly doesn't tell us what George Zimmerman knew about Trayvon Martin."
However, West said they were relevant.
"It relates to his physical capabilities, his knowledge of fighting," West said.
The effort to get the text messages and cellphone images introduced came after the judge said she would rule Wednesday on whether a defense animation depicting the fatal struggle between Martin and Zimmerman can be played for jurors.
Nelson held an evidence hearing with jurors out of the courtroom. Prosecutors object to allowing the animation, saying it isn't an accurate depiction.
An expert on gunshot wounds also testified that the trajectory of the bullet and gunpowder on Trayvon Martin's body support Zimmerman's account that the teen was on top when the defendant shot and killed Martin.
Dr. Vincent DiMaio, a forensic pathologist, also used photographs of Zimmerman to point out where he appeared to have been struck. His testimony took up a significant portion of the day's hearing. Defense attorneys, who said they may wrap up their case Wednesday, were hoping DiMaio's testimony would help convince jurors of Zimmerman's claims that he shot Martin in self-defense.
DiMaio said the muzzle of Zimmerman's gun was against Martin's clothing and it was anywhere from 2 to 4 inches from Martin's skin.
"This is consistent with Mr. Zimmerman's account that Mr. Martin was over him, leaning forward at the time he was shot," said DiMaio, the former chief medical examiner in San Antonio.
DiMaio testified that lacerations to the back of Zimmerman's head were consistent with it striking a concrete sidewalk. Later, when looking at photos of Zimmerman's injuries taken the night of the shooting, DiMaio identified six separate impacts to Zimmerman's face and head. He said he believed Zimmerman's nose had been broken.
"It's obvious he's been punched in the nose and hit in the head," he said.
Under cross-examination, DiMaio conceded that the gunshot could also be consistent with Martin pulling away from Zimmerman, and that he reached his conclusion without factoring in statements from some neighbors who say Zimmerman was on top of Martin. DiMaio, who has testified at high-profile trials such as that of record producer Phil Spector, said witness accounts are often unreliable. The pathologist said he had been paid $2,400 by the defense.
DiMaio's testimony also addressed the difference between Zimmerman's account that he had placed Martin's arms out to his sides and a photo taken after the shooting that shows Martin's arms under his body. The pathologist said Martin would have been conscious for 10 to 15 seconds after the shooting as a reserve supply of oxygen ran out of his body, and during that time he could have moved his arms.
After DiMaio testified, the 911 calls that captured sounds of the fatal encounter were discussed again. Defense attorneys called Sanford City Manager Norton Bonaparte to the witness stand to describe the circumstances of how Martin's family came to hear the 911 tapes. Bonaparte said he played the 911 tapes while members of Martin's family sat together at City Hall. He played them as a courtesy before they were released publicly.
Defense attorneys are trying to show that Martin's family members may have influenced each other in concluding the screams are those of the Miami teen. Police officers testified for the defense that it's better for someone who is trying to identify a voice to listen to it alone.
Convincing the jury of who was screaming for help on the tape has become the primary goal of prosecutors and defense attorneys because it would help jurors evaluate Zimmerman's self-defense claim. Relatives of Martin's and Zimmerman's have offered conflicting opinions about who is heard screaming.
Zimmerman, 29, has pleaded not guilty to second-degree murder.
Prosecutors contend that Zimmerman was profiling Martin and perceived the teen as someone suspicious in the neighborhood, which had been the site of a series of break-ins. Martin was there visiting his father and his father's fiancee. The case sparked protests because police did not charge Zimmerman for 44 days and it touched off a nationwide debate about race and self-defense.