The Orlando Sentinel has reported today:
Zimmerman’s defense has asked for subpoenas for records from the teenager’s middle and high schools, as well as his Twitter and Facebook accounts. A hearing has been set for Oct. 19.
Zimmerman, 29, fatally shot the Miami Gardens 17-year-old Feb. 26 in Sanford. Authorities allege he profiled and pursued the teen.
Zimmerman says he fired in self-defense after Trayvon attacked him. Zimmerman’s defense is also asking for a continuance. In a motion, the defense team writes that “at least 50-75″ witness depositions must be completed in the case before it will be ready for trial.
In a third new motion, O’Mara asked to be allowed to review the court’s copy of a recorded law-enforcement interview of a woman identified as “Witness 9.” That witness, in two interviews made public in the case already, accused Zimmerman of disliking black people and of molesting her when they were both young.
O’Mara writes in his motion that the state failed several times to provide him with a working copy of a third Witness 9 interview, and he wants to know whether Circuit Judge Kenneth Lester Jr. received a bad copy, too. Zimmerman “requests the opportunity to review, with the court, the recordings … to ascertain whether or not the Court received an accurate recording as finally disclosed by the State … or if the Court received an inaccurate or inaudible recording, as the defense has received up until” the latest evidence exchange on Sept. 19.
Global Grind reports that Benjamin Crump said the request is irrelevant.
“Trayvon’s parents maintain that his school records and Facebook page are completely irrelevant to George Zimmerman’s decision to get out of his car to profile, pursue, and shoot their son in the heart on February 26, 2012.
How does George Zimmerman’s review of Trayvon Martin’s high school and middle school records and Facebook page bear any relevance to Zimmerman’s decision to pull the trigger and kill a seventeen year old child? Is this going to be a new legal standard we are setting- for a murderer to review the school records and Facebook page of his teenage victim to determine whether or not he should have killed him?”
After Trayvon’s death, there was a small group of hateful and racist people, who attempted to destroy his legacy, reputation, and image.
These people hacked this dead youth’s social media accounts, his email account, and stooped as low as to plaster the internet with photoshopped and fake images purporting to be Trayvon.
On the advice of counsel, and with the intent to preserve Trayvon’s public reputation, Trayvon Martin’s parents deactivated all of his electronic accounts.”
I have previously written that the rules of evidence permit the defense to introduce evidence that Trayvon was an aggressive bully, assuming such evidence exists, to support Zimmerman’s claim that Trayvon was the aggressor. However, specific instances of misconduct would not be admissible. Instead, the evidence would have to be limited to stating the character trait.
I do not believe such evidence exists and I suspect O’Mara knows that. Since he appears to be determined to try the case in the court of public opinion, I fear that his real motive is to obtain the records to post them on the internet. This would further publicize the recent suspension for the trace amount of marijuana detected in his backpack and the earlier report about some jewelry and a screwdriver that were found in his backpack. No criminal charges were filed in either case and the evidence would not be admissible at trial for any purpose.
If O’Mara finds some evidence that Trayvon was an aggressive bully and he introduces it at trial, he will open the door for the prosecution to introduce similar type evidence regarding Zimmerman, which we know exists.
The hearing will be before Judge Debra Nelson on Friday, October 19, 2012.
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