Monday, July 8, 2013
The Court finally recessed for the day at approximately 6 pm EDT following unsuccesful discussions to resolve disagreements regarding an animated computer program that the defense wants to introduce into evidence. Based on the arguments of counsel, the animation apparently presents O’Mara’s theory of the case and his legal arguments as though everything said is undisputed or uncontroverted. Basically, it directs the jury to return a verdict of “not guilty.”
The animation also contains or is based on new information that the defense did not disclose to the State until mid-afternoon today. One of the items of information is a report that Mr. Donnelly listened over the weekend to the death shriek in the background of the recorded 911 call and relied on that in forming his now certain opinion that the defendant uttered the shriek.
The defense did not disclose the report to the State until after the witness completed his testimony. That constitutes a discovery violation and the State moved to strike Donnelly’s testimony. Judge Nelson conducted a Richardson hearing outside the presence of the jury late this afternoon. At the State’s request, she delayed issuing a ruling until tomorrow morning to give them an opportunity to prepare an argument supporting their claim that they were materially prejudiced by the discovery violation.
Some of the information in the computer animation apparently was obtained over the weekend from Dr. Vincent DiMaio, the former medical examiner for Bexar County, TX (San Antonio). The defense is pkanning on calling him tomorrow.
Judge Nelson wants to resume court tomorrow morning at 8:30 am EDT to hear further argument from both sides regarding the admissibility of the computer animation and the State’s motion to strike testimony.
Judge Nelson also issued an order late this afternoon denying the defense motion to reconsider its order prohibiting the defense from mentioning that trace amounts of marijuana were found in the Trayvon Martin’s blood sample.
In other news today, the defense presented the testimony of the Ostermans, the Donnelleys, Investigator Chris Serino, Officer Doris Singleton, and Tracy Martin. With the exception of Tracy Martin, every witness was certain that George Zimmerman uttered the terrified death shriek.
Tracy Martin was certain that it was Trayvon Martin. Serino and Singleton said they were certain that Tracy Martin said “no” when Serino played the recorded 911 call and asked him if he could identify the person who uttered the shriek. Mr. Martin admitted that he might have said “no” but he attributed that comment to shock and an inability to accept the shooting and Trayvon’s death.
No one mentioned that the shriek ended with the shot.
Today’s session was a frustrating mess.
Hopefully Judge Nelson will get matters straightened out tomorrow morning.
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