The state of FL v. George Zimmerman

[TheL8Elvis]

Defendant's Third Supplemental Discovery -

Trayvon Martin's text messages [1] - [2] - [3] - [4] - [5] - [6] - [7] - [8],

25 photos from Martin's phone [1] - [2],

SPD Trespass Warning requested by Zimmerman,

Zimmerman email concerning prowler,

Zimmerman email regarding theft,

Zimmerman email regarding theft apprehension,

W8 letter regarding Trevon,

Zimmerman family letter to NAACP,

8 animal incident reports,

@RTL_News tweet regarding NW arrests,

2 photos of MMA fighter W25

Edited by LashL: 

Edited for topicality in light of the limited scope of this thread.

ETA:
http://www.wftv.com/news/news/trayvon-martin-cellphone-photos-school-records-rel/nXz36/

...
One of the photos shows Martin blowing smoke and others show what appear to be a marijuana plant.

There are also photos of someone holding a Glock handgun, but it's unclear if the hand in the image is Martin's.

There are also dozens of text messages the defense said it could present as evidence in Zimmerman's trial.

One of the text messages retrieved from Martin's cellphone shows a message he sent to someone saying his mother had kicked him out of the house because police caught him out of school.

Martin also said a teacher accused him of hitting someone during a fight in school.

There will be a hearing next week so the judge can determine which evidence will be used at the trial.
...

 

[Unabogie]

Edited by LashL: 

Edited for topicality in light of the limited scope of this thread.

 

[Dancing David]

Edited by LashL: 

Edited for topicality in light of the limited scope of this thread.

ETA:
http://www.wftv.com/news/news/trayvon-martin-cellphone-photos-school-records-rel/nXz36/

...
One of the photos shows Martin blowing smoke and others show what appear to be a marijuana plant.

There are also photos of someone holding a Glock handgun, but it's unclear if the hand in the image is Martin's.

There are also dozens of text messages the defense said it could present as evidence in Zimmerman's trial.

One of the text messages retrieved from Martin's cellphone shows a message he sent to someone saying his mother had kicked him out of the house because police caught him out of school.

Martin also said a teacher accused him of hitting someone during a fight in school.

There will be a hearing next week so the judge can determine which evidence will be used at the trial.
...

And this is not a preponderance in any way.

Character must establish a level of 'preponderance'.

 

[TheL8Elvis]

<removed>

 

[johnny karate]

Edited by LashL: 

Edited for topicality in light of the limited scope of this thread.

 

[BenBurch]

Edited by LashL: 

Edited for topicality in light of the limited scope of this thread.

 

[KatieG]

What info will actually be allowed at the trial remains to be seen. There's a lot of things out there that won't make into the courtroom, both for TM and GZ.

 

[Cylinder]

Since this is likely to come up at some point, here's a cite from Williams v. State 982 So.2d 1190 (2008):

The defendant argues the trial court abused its discretion when it prevented him from testifying that the victim had a reputation for carrying a gun. The State responds that the defendant did not establish that the community from which the reputation testimony was being drawn was sufficiently broad to provide adequate knowledge for reliability. Alternatively, the State argues the error was harmless.

"A trial judge's ruling on the admissibility of evidence will not be disturbed absent an abuse of discretion." Dessaure v. State,891 So.2d 455, 467 (Fla.2004) (citing Blanco v. State,452 So.2d 520, 523 (Fla.1984)). However, this discretion is limited "by the rules of evidence." Nardone v. State,798 So.2d 870, 874 (Fla. 4th DCA 2001).

An exception to the rule that character evidence is inadmissible "permits an accused to use character evidence to show that the victim of a crime was the aggressor and that the accused acted in self-defense." Hedges v. State,667 So.2d 420, 422 (Fla. 1st DCA 1996). To utilize this exception, "the defendant's prior knowledge of the victim's reputation is not necessary." Smith v. State,606 So.2d 641, 643 (Fla. 1st DCA 1992) (citing Banks v. State,351 So.2d 1071, 1072 (Fla. 4th DCA 1977)).

Here, defense counsel attempted to elicit testimony from the defendant that he had seen the victim with a gun on two prior occasions and knew the victim had a reputation for carrying a gun. It is undisputed that the defendant and the victim were involved in a physical altercation inside the club. The defendant claimed he saw a handgun in the victim's possession and shot toward the victim in self-defense. This was sufficient to meet the burden of presenting a predicate to admit character evidence of the victim under sections 90.404(1)(b)1. and 90.405, Florida Statutes (2007). The trial court erred in preventing the defendant from testifying about the victim's reputation for violence and carrying a gun. We therefore reverse and remand the case for a new trial.

 

[Unabogie]

Since this is likely to come up at some point, here's a cite from Williams v. State 982 So.2d 1190 (2008):

Trayvon Martin couldn't have had a reputation for violence since Zimmerman never met him before, and he knew EVERYONE is his complex (just not the name of the street) and could not have known anything about him.

Furthermore, he wasn't carrying a gun at the time of this incident. Only George was.

 

[Cylinder]

Martin Family Statement:

The only photos or videos that are relevant or admissible at trial are those of Trayvon taken the day he was shot and killed by George Zimmerman. There is no evidence that Trayvon neither had gold teeth nor gave anybody the finger the night he was shot and killed. Therefore those pictures are irrelevant and will not be admitted into evidence. Is the defense trying to prove Trayvon deserved to be killed by George Zimmerman because the way he looked? If so, this stereotypical and closed-minded thinking is the same mindset that caused George Zimmerman to get out of his car and pursue Trayvon, an unarmed kid who he didn’t know. The pre-trial release of these irrelevant red herrings is a desperate and pathetic attempt by the defense to pollute and sway the jury pool. The evidence that will be admitted at trial is the legally documented history of George Zimmerman’s propensity for violence, such as his arrest for battery on a law enforcement officer, his injunction to prevent domestic violence taken out by his ex-girlfriend, and evidence of his training as a bouncer for Data Whore Productions, Inc.”

Though I have no reason to doubt it, I have no experience concerning the accuracy of that site. Caveat Emptor

 

[Cylinder]

Trayvon Martin couldn't have had a reputation for violence since Zimmerman never met him before, and he knew EVERYONE is his complex (just not the name of the street) and could not have known anything about him.

Furthermore, he wasn't carrying a gun at the time of this incident. Only George was.

The cite points out that the accused does not require a knowledge of the trait ("the defendant's prior knowledge of the victim's reputation is not necessary."). The victim in that case was unarmed as well. The cite doesn't just encompass firearm evidence, rather it states that "[t]he trial court erred in preventing the defendant from testifying about the victim's reputation for violence and carrying a gun."

 

[Unabogie]

The cite points out that the accused does not require a knowledge of the trait ("the defendant's prior knowledge of the victim's reputation is not necessary."). The victim in that case was unarmed as well. The cite doesn't just encompass firearm evidence, rather it states that "[t]he trial court erred in preventing the defendant from testifying about the victim's reputation for violence and carrying a gun."

You missed this part:

Here, defense counsel attempted to elicit testimony from the defendant that he had seen the victim with a gun on two prior occasions and knew the victim had a reputation for carrying a gun. It is undisputed that the defendant and the victim were involved in a physical altercation inside the club. The defendant claimed he saw a handgun in the victim's possession and shot toward the victim in self-defense.

This doesn't apply in this case because A) Trayvon Martin didn't have a gun the night he was murdered, and B) There is no evidence that he ever carried, owned, or fired a gun, and C) George never saw him before so anything he may have done weeks, months, or years prior to his murder would have nothing to do with why George shot and killed him.

 

[Cylinder]

Page 2 of Report 6:

...Wyd ?
Tired nd sore
Mee too,but wat happen tah yuhh ??
Fight
Y !?
Cause man dal [epithet] snitched on me
Bac y yun always fightingg man, yu got suspended ?
Naw we thumped afta skool in a duckd off spot
Ohh, Well Damee
I lost da 1st round but I won da 2nd nd 3rd
Ohh So It Wass 3 Rounds ? Damee well at least yu aonn lol but yuu needa stop fightingg
bae Forreal'
Naw im not done wit fool..... he gone hav 2 see me a again
Nooo bac Stop, you aint gonn bee satisfied till yuh get suspended again huh ?
Naw but he aint breed nuff 4 me, only his nose..... but afta dat im done
Wow Smh'l

 

[TheL8Elvis]

Talkleft has an interesting point here:
One other thing: Witness 8 said she texted Trayvon after his phone went dead. The defense provides the phone record showing the text that went unanswered. It was at 7:08:03.

The gunshot wasn't until 7:16:55, almost 9 minutes later.

 

[Cylinder]

SPD Suspends Vacations, Furloughs Until After Zimmerman Verdict

 

[Cylinder]

State Files 3rd Motion for Gag Order

State prosecutors have renewed their request for a gag order in the George Zimmerman case, their third effort to muzzle his defense team.

Assistant State Attorney Bernie de la Rionda filed his motion Thursday, stating that Zimmerman's defense team continues to publicize the case through their website and encourage comments about the second-degree murder case through social media.

 

[Cylinder]

Defendant's Motion to Continue - Zimmerman is asking to delay the trial in order to investigate Reich's expert claims regarding word identification (as opposed to voice identification) and in light of the recent cell phone data disclosure by the state.

State's Motion for Gag Order - The state is seeking to have the court prohibit attorneys from commenting on this case.

State's Motion in Limine Regarding CVSA Testing - The state is seeking to prohibit testimony regarding Zimmerman's voice stress analysis test performed by SPD on the night of the shooting.

Defendant's Response to State's Motion in Limine Regarding Self-Serving Hearsay Statements - Zimmerman agrees that some of his statements would be excluded as hearsay but asks the court to withhold judgment until the time in which they are proffered.

Defendant's Response to State's Motion in Limine Concerning Improper Opinion Evidence - Zimmerman agrees that a witness' opinion regarding the guilt or innocence or the propriety of the charges is irrelevant, he points out to the court that this becomes relevant if the state elicits testimony regarding bias or misconduct on the part of witnesses in their initial decision not to charge him.

 

[KatieG]

Thanks again, Cylinder, for posting all these links.

 

[Cylinder]

Motion for Sanctions against State Attorney's Office for Discovery Violations and Request for Judicial Inquiry into Violations - Zimmerman asserts that the SAO lied when claiming to the court that they have no reports regarding Martin's phone data. Zimmerman also asserts that the binary data file does not satisfy the state's Brady obligation to inform Zimmerman about the exculpatory information contained on Martin's phone.

 

[Cylinder]

State's Notice of Taking Depositions - The state deposed Robert, Sr. and Gladys Zimmerman on April 16.