SANFORD, Fla. – The judge in the case against George Zimmerman, the neighborhood watchman charged with shooting and killing Trayvon Martin, has denied the defense request to delay Zimmerman's second-degree murder trial.
Judge Debra S. Nelson ruled at the Tuesday morning hearing that she will not delay Zimmerman's trial, saying both sides have had enough hearing time and time to prepare. Jury selection is set to begin on June 10.
Zimmerman's attorney had asked the judge to postpone the trial for an unspecified period, claiming his attorneys need more time to research one of the state's witnesses.
Lead prosecutor Bernie de la Rionda objected to the continuance, saying "this case has dragged on long enough."
Nelson, flying through the more than a dozen motions in two hours, also ruled that the defense can't mention Martin's past marijuana use, his school suspension and school records in Zimmerman's trial. Zimmerman did not attend Tuesday's hearing.
Lawyers for the defense and prosecutors continued to argue whether the fact that Martin had THC in his blood at the time of his death can be admissible at trial. Nelson ruled Martin's toxicology report findings may not be used in opening statements, but she could let it in during the trial if an expert shows it is admissible.
Nelson also said that the defense can't mention Martin's involvement any fights previous to his encounter with Zimmerman and his social media postings in opening statements.
Nelson said the defense must prove that Martin wrote his social media postings himself. She also ruled that Martin's text messages before Feb. 26, 2012, can't be used in trial unless the defense shows they are relevant and probative and not outweighed by prejudice.
O'Mara told the judge that Martin's marijuana use and past fighting was central to the argument that Zimmerman used self-defense when he confronted Martin last year at a gated community in Sanford.
Nelson also set hearings on Friday and a Frye hearing for June 6-7, meaning the defense can challenge whether the state voice expert opinions are admissible for trial.
The defense will argue the use of the testimony from Dr. Alan Reich, a speech identification expert, who believes screams heard on a 911 call are not Zimmerman shouting, "Help," but rather Martin yelling, "Stop." The defense will argue they must investigate the legitimacy of Reich's claims, as well as his abilities and background experience. The defense will argue the difference between voice recognition and speech recognition are different.
At the June 6-7 hearing, the judge will also hear arguments from the defense accusing prosecutors of not telling the truth about not getting information on Martin's phone. On Tuesday, the defense called attorney Wesley White, former Duval County prosecutor, who said his client generated a report from Cellbrite software that may not have been turned over to the defense, including pictures of a gun and drugs.
White said he learned of the pictures from the phone from the IT director for the state attorney. The defense requested the IT director for the prosecution be subpoenaed as soon as possible because of the "magnitude" of the violation.
One of the first motions ruled on Tuesday was having Zimmerman's wife, Shellie, appear for her deposition but can plead the Fifth Amendment on certain questions and Nelson will determine if she must answer.
The next motion Nelson considered was prosecutors asking the judge to bar jurors from hearing certain information about Zimmerman. They asked the judge to prohibit any mention of Zimmerman passing a "Computerized Voice Stress Analysis" test, which Nelson agreed to for now.
The state also does not want the defense to ask police officers or other witnesses their opinion of whether or not Zimmerman should have been arrested after the shooting. Nelson ruled the police opinions on how the case developed cannot be mentioned, saying it could never be relevant.
In order to limit pretrial publicity about the case, prosecutors asked the judge to impose a gag order on all attorneys and witnesses. Nelson denied the state's third attempt at a gag order on Tuesday.
Zimmerman's attorney believe a better way to find a fair jury will be to sequester all 500 prospective jurors. O'Mara said he wanted to "assure (jury) is free to acquit without feeling any pressures." O'Mara said in regards to the cost of a sequestered jury, which he called a "sequestered jury on steroids," that there is "no greater cost than diminishing my client's right to a fair trial."
State prosecutors said sequestering all potential jurors is "unrealistic," which Nelson agreed, saying prospective jurors will be referred to by their juror numbers and no pictures will be taken, but they will not be sequestered as a whole.
A media hearing was set for Friday at 1:30 p.m. to discuss if jury identifications should be blocked from the public or if the media can photograph the jurors outside of the courtroom.
In addition, the defense asked the judge to allow jurors to visit The Retreat at Twin Lakes subdivision in Sanford, where Zimmerman shot and killed Martin. Zimmerman's lawyers believed the field trip is necessary to give jurors a geographical understanding of where witnesses saw and heard certain evidence.
The state said it is "impossible to re-create what happened." Nelson called the jury field trip to the Retreat View Circle a "logistical nightmare," and denied motion by Zimmerman defense.
"It would seem confusing (for the jury) at best," Nelson said.
A motion that Nelson ruled in the defense's favor was adding two more witnesses, but the witnesses must be made available to the state for depositions.
Zimmerman has pleaded not guilty.
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