Speaking quietly before Judge Debra Nelson, George Zimmerman on Tuesday, waived his right to a pre-trial immunity hearing – this, despite his defense attorneys indicating earlier this would be the case.
“Is it your decision not to file a pre-trial immunity hearing,” Nelson asked Zimmerman after taking the oath.
“Yes, after consultation with my attorney,” Zimmerman responded.
“Is your decision voluntarily,” Nelson queried.
“Yes, your Honor,” Zimmerman responded.
While Zimmerman waived his right to a pre-trial immunity hearing under Florida’s Stand Your Ground statue, some legal analysts suggest that his defense team may have it integrated into the trial expected to begin on June 10.
At today’s proceedings too, Zimmerman’s attorneys – Mark O’Mara and Don West – requested that sanctions be imposed against the state.
O’Mara argued that because the prosecution has failed to disclose discovery material in a timely manner, the defense has had to undertake additional workload and in turn, added cost.
“It has cost us hours and hours of work,” O’Mara stated, regarding the non-existence of hospital records for one witness, described only as witness #8. He said that prosecutors knew that such hospital records did not exist, but failed to disclose this until several months later.
“That’s improper, that’s unethical,” O’Mara declared. “It’s absurd for a prosecutor to withhold discovery material.”
O’Mara cited other instances in which the state has withheld information and asked the court to award monetary damages. O’Mara claimed that prosecutors have provided redacted documents, materials, such as CDs with missing information, and have withheld other information which only came to light through their diligence.
However, Nelson said there is no finding that there was a discovery violation. She said too, that the court will reserve ruling on the issue of monetary damages for a post-trial proceeding.
Zimmerman is charged with second degree murder in the shooting death of Trayon Martin, an unarmed black teen. Zimmerman, who admitted to killing Martin has said he did so in self-defense.
