Circuit Judge Debra Nelson denied several motions brought by George Zimmerman’s defense attorneys, although if the state does open the door during trial, many of them could be introduced.
Nelson ruled that Trayvon Martin’s text messages, use of gold teeth, school suspensions and marijuana use, could not be introduced by either the defense or the prosecution in their opening statements when the trial gets underway.
Zimmerman’s attorneys filed motions with the court to introduce evidence showing Martin was given to fighting; getting into trouble in his school, based on his school records and suspensions; smoked marijuana and was familiar with guns.
According to Mark O’Mara, a defense attorney, all of these elements – ongoing fighting, use of drugs, and more, “fits squarely with George Zimmerman acting in self-defense” when he shot Martin on February 26, 2012.
But Nelson said, the rules of evidence prevented the defense or prosecution from mentioning such matters in opening statements. However, many of the issues which she denied in opening statements could be discussed at trial, initially outside the presence of the jury, if the state opens the door and lets them in.
O’Mara also argued that toxicology results which showed the presence of THC, a substance associated with marijuana use, found in Martin’s body, should be allowed in during opening statements. He suggested too that Martin was impaired the night he was shot and killed.
Prosecutors countered that the medical examiner could not say conclusively whether Martin had digested marijuana prior to the time of his death, nor whether he was a chronic smoker, given the minor amounts found in his blood.
Nelson ruled that neither side could mention Martin’s toxicology results during their opening statements. She did reserve ruling though, on whether they could be introduced, until after expert witnesses testify.
Nelson also denied the defense’s motion for an anonymous jury, which O’Mara said, is aimed at protecting jurors. He argued for going beyond sequestering the six jurors who will be seated at trial and sequestering some 500 people from which the final six will be picked. O’Mara said his motion for an anonymous jury was so as to relieve any pressures jurors might have on acquitting Mr. Zimmerman.
Nelson also ruled that the faces of jurors will not be photographed and she rejected a prosecution’s motion for a gag order prohibiting attorneys from talking about the case.
Although Nelson denied the gag order, she appeared to express irritation at the defense attorneys for making public, matters discussed in camera, related to scheduling and sequestration of jurors. Within minutes Nelson said, defense attorneys had spoken on sequestration.
“I asked for your opinion on sequestration. I said the court would consider it [sequestration]. I have not made a decision,” a clearly exasperated Nelson said as she admonished O’Mara.
