Circuit Judge Debra Nelson ruled Wednesday that prosecutors could introduce prior 911 calls George Zimmerman made before the deadly night of February 26, 2012, when he shot and killed Trayvon Martin.
Prosecutors successfully argued that the prior calls speak to Zimmerman’s state of mind the night he shot Martin and jurors will get to hear him identifying possible suspicious persons as young, black males, on four out of the five calls he made to police.
Nelson also announced that juror, B-72 has been dismissed for matters totally unrelated to the case.
Jane Surdyka, a witness for the state, testified that she head a loud, dominant voice outside the night Martin was shot and killed. She described the voice as “aggressive,” and “agitated” and believed it to be that of George Zimmerman.
Surdyka also told jurors that she also heard a “higher tone, softer voice,” and believed it to be Trayvon Martin’s. She also said she heard scuffling and saw two people on the ground outside her townhouse.
“I heard cries for help, a second yell… it was a yelp,” Surdyka said. “It was a boy’s voice. I truly believe it was a boy’s voice.”
In what could only be described as a powerful moment of the trial, prosecutor Bernie De la Rionda played back the 911 call made by Surdyak on the night of the shooting.
“Oh my God, someone has been shot, he is lying on the ground,” a distraught Surdyak could be heard saying to the dispatcher.
Surdyak, heard crying on the tape on the night Martin was fatally shot, was again emotional in court and held her head down on the witness stand.
“This was a very emotional incident for you,” De la Rionda quietly inquired before wrapping up his direct examination.
“Yes,” she responded.
In a hushed courtroom, Martin’s parents, Sybrina Fulton and Tracy Martin, were observed wiping away tears as the recording of a hysterical Surdayak was played for the jury. Juror B-76 appeared to be wiping away tears too, according to court reporters.
Defense attorney Don West tried to undermine Surdayak’s testimony by saying she was making an assumption regarding who had the more aggressive voice and who had the softer voice.
“A boy’s voice can change pretty quickly through puberty and some could have deep voices?,” West challenged.
“I thought it was the boy who was crying for help and it was Trayvon Martin,” she reiterated.
On Wednesday morning, prosecutors also called another eye-witness to the stand, Jeannee Manato.
She told jurors she heard at first a howl, then a cry for help and on one occasion when she looked out, saw two people on the ground, one laying on top of the other.
While not been able to determine whether it was Zimmerman on top of Martin the night the shooting occurred, she said based on photographs she had seen in the media and comparing the size, she believes that it was the defendant.
“After seeing the news the top was bigger than the bottom,” Manato testified. “I believe it was Zimmerman, comparing the size of their bodies.”
Zimmerman is charged with second-degree murder in the shooting death of Martin, an unarmed black teen. He has claimed self-defense.
Prosecutors say, Zimmerman followed and profiled Martin, then killed him believing he was up to no good.
The court has been recessed for the lunch break.
