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This is a sensitive and complex issue, please do not make comments without first reading the facts, which are cataloged in the OP.
If you make an uninformed post, or one that isn't relevant to the discussion, you will be moderated. If in doubt, don't post. |
On June 07 2013 09:54 Millitron wrote:Show nested quote +On June 06 2013 05:55 dAPhREAk wrote:Trayvon Martin Shooting Fast Facts Here's a look at what you need to know about the shooting death of 17-year-old Trayvon Martin in February 2012. Former neighborhood watch captain George Zimmerman has been charged with second-degree murder and is scheduled to go on trial June 10, 2013.
Facts:
Trayvon Benjamin Martin, born February 5, 1995, was a 17-year-old African-American high school student who lived in Miami Gardens, Florida with his mother Sybrina Fulton. In February 2012, Martin was visting his father Tracy Martin in Sanford, Florida after receiving a ten-day suspension from Krop Senior High School. The suspension stemmed from the discovery of drug residue in Martin's book bag.
George Michael Zimmerman, born October 5, 1983, was a part-time student at Seminole State College and a neighborhood watch captain at the Retreat at Twin Lakes gated community in Sanford at the time of the shooting. He is married to Shellie (Dean) Zimmerman and is the son of Robert and Gladys Zimmerman.
Timeline:
February 26, 2012 - George Zimmerman, a neighborhood watch captain in Sanford, Florida, calls 911 to report "a suspicious person" in the neighborhood. He is instructed not to get out of his SUV or approach the person. Zimmerman disregards the instructions. Moments later, neighbors report hearing gunfire. Zimmerman acknowledges that he shot Martin, claiming it was in self-defense. In a police report, Officer Timothy Smith writes that Zimmerman was bleeding from the nose and back of the head.
February 27, 2012 - Martin's father, Tracy Martin, files a missing persons report. Officers with the Sanford Police Department visit Tracy Martin. He is able to identify Trayvon Martin's body using a photo.
March 8, 2102 - Investigators receive a fax from the Altamonte Family Practice containing the medical records identifying the injuries sustained by Zimmerman on the night of the shooting: Open wound of scalp, without mention of complication; nasal bones, closed fracture; assault by other specified means.
March 12, 2012 - Sanford Police Chief Bill Lee says that Zimmerman has not been charged because there are no grounds to disprove his story of the events.
March 13, 2012 - Sanford Police Department's homicide detective Christopher Serino recommends Zimmerman be charged with manslaughter.
Zimmerman "failed to identify himself" as a concerned citizen or neighborhood watch member on two occasions that night. Serino reports that he thought Zimmerman's head injuries were "marginally consistent with a life-threatening episode, as described by him, during which neither a deadly weapon nor deadly force were deployed by Trayvon Martin."
March 14, 2012 - The case is turned over to the Florida State Attorney Norm Wolfinger.
March 15, 2012 - In a letter to the Orlando Sentinel, Robert Zimmerman, George Zimmerman's father, writes that George has been unfairly portrayed as a racist, and that George is Hispanic and grew up in a multiracial family.
March 16, 2012 - Authorities release seven 911 calls from the night of the shooting. In one of the 911 recordings, Zimmerman, against the advice of the 911 dispatcher, follows Martin. In one of the recordings, a voice screams "Help, help!" in the background, followed by the sound of a gunshot.
March 19, 2012 - The Justice Department and the FBI announce that they have launched an investigation into Martin's death.
March 20, 2012 - A lawyer for the Martin family, Benjamin Crump, holds a news conference, telling reporters that Trayvon was on the phone with his 16-year-old girlfriend at the time of the shooting. The girl, who wishes to remain anonymous, says she heard someone ask Martin what he was doing and heard Martin ask why the person was following him, according to Crump. The girl then got the impression that there was an altercation in which the earpiece fell out of Martin's ear and the connection went dead.
March 21, 2012 - CNN analyzes one of the tapes of Zimmerman's call to dispatch, in which he is purported to have used a racial slur against blacks. The results are inconclusive.
March 22, 2012 - A petition on Change.org calling for the arrest of Zimmerman, created by the parents of Trayvon Martin, surpasses 1.3 million people.
March 22, 2012 - Sanford Police Chief Bill Lee announces he is stepping down "temporarily" as head of the department, which has been criticized for its handling of the fatal shooting.
March 22, 2012 - Florida Gov. Rick Scott announces he is appointing Angela B. Corey of the 4th Judicial Circuit as state attorney in the investigation, replacing Norman Wolfinger, state attorney for Florida's 18th District, which includes Sanford.
March 23, 2012 - President Barack Obama speaks out publicly for the first time on the growing controversy over the shooting of Trayvon Martin, saying that the incident requires national "soul-searching."
March 24, 2012 - A handful of members from the New Black Panther Party (NBPP) offer a $10,000 reward for the "capture" of George Zimmerman.
March 26, 2012 - Exactly one month after Trayvon Martin's death, rallies take place in cities across the country, including Sanford, where the City Commission holds a town hall meeting on the incident and its aftermath. Martin's parents speak at the meeting.
March 28, 2012 - Zimmerman's father, Robert, appears on television and says that Martin threatened to kill Zimmerman and then beat him so badly Zimmerman was forced to shoot.
March 29, 2012 - Zimmerman's brother, Robert Zimmerman Jr., appears on CNN and says medical records will prove that his brother was attacked and his nose was broken by Trayvon Martin before he fatally shot the teen.
April 2, 2012 - FBI agents interview Martin's girlfriend, the 16-year-old girl who, phone records show, was on the cell phone with him shortly before the fatal confrontation.
April 3, 2012 - Zimmerman's legal adviser, Craig Sonner, says that criminal defense lawyer Hal Uhrig will represent Zimmerman and that Sonner will serve as co-counsel if the case proceeds.
April 7-8, 2012 - George Zimmerman launches a website warning supporters about groups falsely claiming to be raising funds for his defense. The site includes a link through which donations can be made to pay for Zimmerman's lawyers and living expenses.
April 9, 2012 - Prosecutor Angela Corey announces that she will not present the case to a grand jury.
April 10, 2012 - Attorneys Hal Uhrig and Craig Sonner announce that they have lost contact with Zimmerman and no longer represent him.
April 11, 2012 - Zimmerman is charged with second-degree murder. His new lawyer, Mark O'Mara, tells CNN that Zimmerman has turned himself in.
April 18, 2012 - Seminole Circuit Court Judge Jessica Recksiedler, who was assigned to Zimmerman's case, approves a motion to disqualify herself from the criminal case because her husband works as a CNN legal analyst.
April 18, 2012 - It is announced that Seminole County Circuit Judge Kenneth Lester Jr. will take over George Zimmerman's case.
April 20, 2012 - Zimmerman's bond hearing is held. Judge Lester sets Zimmerman's bond at $150,000. During the hearing, Zimmerman apologizes to the family of Trayvon Martin for the loss of their son.
April 23, 2012 - Zimmerman is released on bail at 12:05 AM. Later in the day, Zimmerman enters a written not guilty plea and waves his right to appear at his arraignment.
May 8, 2012 - Judge Kenneth Lester accepts Zimmerman's written plea of not guilty.
May 15, 2012 - A medical report by George Zimmerman's family doctor, taken a day after the February 26 shooting, shows Zimmerman was diagnosed with a fractured nose, two black eyes and two lacerations on the back of his head.
June 1, 2012 - Judge Kenneth Lester Jr. revokes Zimmerman's bond and orders him to surrender within 48 hours after the prosecution argues that Zimmerman and his wife, Shellie, misrepresented their finances when Zimmerman's bond was originally set in April.
June 3, 2012 - At 1:45 PM, Zimmerman surrenders to authorities and is taken into custody at the John E. Polk Correctional Facility in Seminole County.
June 12, 2012 - George Zimmerman's wife Shellie is arrested and charged with perjury.
June 18, 2012 - Audio of six phone calls between Zimmerman and his wife Shellie are released, along with bank statements.
June 20, 2012 - Sanford Police Chief Bill Lee is officially fired.
June 25, 2012 - Zimmerman's attorney files a motion requesting a "reasonable bond" be set for Zimmerman's release from jail.
July 5, 2012 - The judge sets Zimmerman's bond at $1 million.
July 6, 2012 - Zimmerman is released from jail after posting the required 10% of the $1 million bond ($100,000).
July 13, 2012 - Zimmerman's legal team files a motion requesting Judge Lester step down from the case. The motion claims Zimmerman cannot get a fair trial because Lester used "gratuitous, disparaging" language in the previous week's bail order.
July 18, 2012 - Zimmerman, appearing on Fox News "Hannity" show, does his first television interview since the shooting. He says he would not do anything differently.
August 9, 2012 - A photo of Trayvon Martin's body and George Zimmerman's school records are mistakenly released by prosecutors. Special Prosecutor Angela Corey's office issues a statement asking reporters to "please disregard and do not use the information contained in the initial e-mail. It was inadvertently attached."
August 13, 2012 - George Zimmerman appeals Judge Lester's refusal to recuse himself with the Fifth District Court of Appeals.
August 29, 2012 - A Florida appeals court grants Zimmerman's request for a new judge, saying Judge Kenneth Lester's remarks in a bail order put Zimmerman in reasonable fear of a fair trial.
August 30, 2012 - Judge Debra Nelson is assigned to replace Judge Kenneth Lester in the case of George Zimmerman.
December 7, 2012 - Zimmerman sues NBC Universal for allegedly editing the 911 call he placed on the night of the tragic event. He states in the lawsuit that NBC unfairly made it appear that "Zimmerman was a racist, and that he was racially profiling Trayvon Martin".
February 9, 2013 - The Justice for Trayvon Martin Foundation hosts a "Day of Remembrance Community Peace Walk and Forum" in Miami. It takes place four days after what would have been Martin's 18th birthday.
March 5, 2013 - Trayvon Martin's girlfriend, known as Civilian Witness 8, who was on the phone with Martin the night of his death, admits that she lied under oath when she told court prosecutors that she was in the hospital on the day of Martin's funeral.
March 5, 2013 - Lawyer Mark O'Mara decides against seeking a pretrial Stand your Ground immunity hearing for George Zimmerman citing lack of preparation time.
April 5, 2013 - Martin's parents settle a wrongful-death claim against the homeowners association of the Florida subdivision where their son was killed.
April 30, 2013 - George Zimmerman waives his right to a "stand your ground" pretrial immunity hearing. Zimmerman's attorneys decide they will instead try this as a self-defense case. If Zimmerman had had a pretrial immunity hearing, a judge would have ruled whether his actions were protected under the "stand your ground" law. If the judge had ruled in favor of Zimmerman, it would have meant that no criminal or civil trial could proceed.
May 28, 2013 - Judge Debra Nelson rules on several motions brought by the defense. Nelson rules that Trayvon Martin's familiarity with guns, his marijuana use, and fights he may have been in cannot be brought up in Zimmerman's trial. She also denies a request to take the jury to the crime scene. Nelson, however, rules that jurors will remain anonymous and will be referred to by numbers only. http://www.cnn.com/2013/06/05/us/trayvon-martin-shooting-fast-facts/ I wish they'd have included the actual wording from the dispatcher. And the fact that a dispatcher's advice is not legally binding.
legal issues
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Jury's look into Trayvon Martin's past has its limits
In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations.
http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite
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On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits Show nested quote +In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite
I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury.
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On June 08 2013 13:02 sluggaslamoo wrote:Show nested quote +On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury.
people have negative opinions about drugs. make the victim look like a druggie and they lose all sympathy for him. in my experience, marijuana just makes people hungry and chill, not aggressive, but the defense attorney is going to play on people's drug hate and ignorance.
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On June 08 2013 13:02 sluggaslamoo wrote:Show nested quote +On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury.
Maybe they could be construed to mean he's into the larger drug culture. Sure, getting high doesn't make you start fights, but everyone agrees that drugs fuel gang violence.
That's the only connection I can see, and I agree, it's pretty nonsensical.
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On June 09 2013 04:05 Millitron wrote:Show nested quote +On June 08 2013 13:02 sluggaslamoo wrote:On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury. Maybe they could be construed to mean he's into the larger drug culture. Sure, getting high doesn't make you start fights, but everyone agrees that drugs fuel gang violence. That's the only connection I can see, and I agree, it's pretty nonsensical.
Its more the suspension from school and the fights and crime that trayvon committed beyond the guns and drugs he shouldn't have been anywhere near. The prosecution can't paint trayvon as an innocent kid like the media did, the judge would have to allow the defense to show the jury how Zimmerman was completely justified in confronting trayvon on what he was doing in the area.
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On June 02 2013 23:33 Thieving Magpie wrote:Show nested quote +On June 02 2013 22:50 Lt_Stork wrote:
Trayvon was on the phone with his girl and didn't want to go home just yet. He didn't want his parents to hear the call. No searching for Zimmerman. The guy showed up instead of going to his truck and confrontet Trayvon. What makes more sense. Black kid randomly attacks Zimmerman. Black kid going home gets found by armed man who was following him, panicks from sight of gun and defends himself.
I don't understand why you keep bringing race into this argument, whether or not zimmerman is a racist does not make him automatically guilty of what you are accusing him of, I get the feeling that you along with a lot of other people see this as a race issue more than anything. Zimmerman above all needs to be given a fair trial and views like this spread by the media and people are depriving him of an American right.
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On June 09 2013 04:11 Sermokala wrote:Show nested quote +On June 09 2013 04:05 Millitron wrote:On June 08 2013 13:02 sluggaslamoo wrote:On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury. Maybe they could be construed to mean he's into the larger drug culture. Sure, getting high doesn't make you start fights, but everyone agrees that drugs fuel gang violence. That's the only connection I can see, and I agree, it's pretty nonsensical. Its more the suspension from school and the fights and crime that trayvon committed beyond the guns and drugs he shouldn't have been anywhere near. The prosecution can't paint trayvon as an innocent kid like the media did, the judge would have to allow the defense to show the jury how Zimmerman was completely justified in confronting trayvon on what he was doing in the area.
I've no idea why jury won't be able to take in to account Martin's school suspension, history of fighting, gun possesion and drug use.
This seems to me like it has been constructed to look like a racist case/hatred crime (or how's it called on English) at all costs. Don't know who'd have any interest in making it look like that tho.
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On June 10 2013 21:14 esdf wrote:Show nested quote +On June 09 2013 04:11 Sermokala wrote:On June 09 2013 04:05 Millitron wrote:On June 08 2013 13:02 sluggaslamoo wrote:On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury. Maybe they could be construed to mean he's into the larger drug culture. Sure, getting high doesn't make you start fights, but everyone agrees that drugs fuel gang violence. That's the only connection I can see, and I agree, it's pretty nonsensical. Its more the suspension from school and the fights and crime that trayvon committed beyond the guns and drugs he shouldn't have been anywhere near. The prosecution can't paint trayvon as an innocent kid like the media did, the judge would have to allow the defense to show the jury how Zimmerman was completely justified in confronting trayvon on what he was doing in the area. I've no idea why jury won't be able to take in to account Martin's school suspension, history of fighting, gun possesion and drug use. This seems to me like it has been constructed to look like a racist case/hatred crime (or how's it called on English) at all costs. Don't know who'd have any interest in making it look like that tho.
It's not allowed for the same reason Zimmerman's past history of anger issues is also not allowed.
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On June 10 2013 21:14 esdf wrote:Show nested quote +On June 09 2013 04:11 Sermokala wrote:On June 09 2013 04:05 Millitron wrote:On June 08 2013 13:02 sluggaslamoo wrote:On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury. Maybe they could be construed to mean he's into the larger drug culture. Sure, getting high doesn't make you start fights, but everyone agrees that drugs fuel gang violence. That's the only connection I can see, and I agree, it's pretty nonsensical. Its more the suspension from school and the fights and crime that trayvon committed beyond the guns and drugs he shouldn't have been anywhere near. The prosecution can't paint trayvon as an innocent kid like the media did, the judge would have to allow the defense to show the jury how Zimmerman was completely justified in confronting trayvon on what he was doing in the area. I've no idea why jury won't be able to take in to account Martin's school suspension, history of fighting, gun possesion and drug use. This seems to me like it has been constructed to look like a racist case/hatred crime (or how's it called on English) at all costs. Don't know who'd have any interest in making it look like that tho.
in the US system, previous history and/or character evidence are irrelevant because they do not show what actually happened on the date in question, and are prejudicial because if jurors know about prior history/character evidence they may make decisions based on that rather than the facts (or absence thereof) showing what happened on the date in question. of course, if you can show some independent relevance (e.g., previous fights may tend to show that trayvon was in fact a good fighter, which supports zimmerman's theory that he got his ass handed to him) then the court will allow it--but courts are very skeptical about this type of evidence.
think of this: biggest bully in high school is walking down the street and unprovoked one of his prior victims who is lying in wait kills him with a baseball bat without the bully even seeing whats coming. should they be allowed to show his prior history of bullying to show self defense? of course not. this was a premeditated crime and self defense was clearly inapplicable. however, if you start throwing in all the prior bullying and paint the victim as a bad person, the juror may ignore the clear evidence and acquit. that is not allowed.
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TRIAL IS CURRENTLY UNDERWAY -- Prosecutor and Defendant are selecting jurors.
Trayvon Martin Killing: 2 Sides Want Very Different Jurors
Nearly 16 months after the , the man charged with second-degree murder is due in court Monday for the start of his trial.
According to experts , the prosecution and defense will be looking for very different kinds of people to sit on the jury that will hear the evidence against George Zimmerman:
"Defense attorneys will likely favor people age 40 and older, predicted Orlando jury consultant Susan Constantine. They'll also want managers, authority figures, people who are analytic — engineers, for example — those who are unemotional and will focus on the facts.
"Expect prosecutors to favor people ages 18 to 35, those with lower-paying jobs — for example, social workers, construction workers or people in service industries — and, in general, those who rely more on emotion in making decisions, Constantine said. Defense attorneys will favor whites, prosecutors blacks, she said."
, NPR's Greg Allen recapped the story and previewed the trial. Trayvon's death, and the way local prosecutors initially handled the case, sparked protests in several cities across the nation and reignited the national discussion about race relations.
Zimmerman has said he acted in self defense. But Trayvon's family and its supporters say Zimmerman racially profiled the 17-year-old, who had been walking through a Sanford neighborhood. Zimmerman, a self-appointed neighborhood watch volunteer, had called police to report a "suspicious" looking person was in the area. The two then had a violent encounter.
http://www.npr.org/blogs/thetwo-way/2013/06/10/190310047/trayvon-martin-killing-2-sides-want-very-different-jurors
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This is going to be a complete fucking gong show.
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And if zimmerman goes free LA will burn for days.
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On June 11 2013 02:34 dAPhREAk wrote:TRIAL IS CURRENTLY UNDERWAY -- Prosecutor and Defendant are selecting jurors. Trayvon Martin Killing: 2 Sides Want Very Different Jurors Show nested quote +Nearly 16 months after the , the man charged with second-degree murder is due in court Monday for the start of his trial.
According to experts , the prosecution and defense will be looking for very different kinds of people to sit on the jury that will hear the evidence against George Zimmerman:
"Defense attorneys will likely favor people age 40 and older, predicted Orlando jury consultant Susan Constantine. They'll also want managers, authority figures, people who are analytic — engineers, for example — those who are unemotional and will focus on the facts.
"Expect prosecutors to favor people ages 18 to 35, those with lower-paying jobs — for example, social workers, construction workers or people in service industries — and, in general, those who rely more on emotion in making decisions, Constantine said. Defense attorneys will favor whites, prosecutors blacks, she said."
, NPR's Greg Allen recapped the story and previewed the trial. Trayvon's death, and the way local prosecutors initially handled the case, sparked protests in several cities across the nation and reignited the national discussion about race relations.
Zimmerman has said he acted in self defense. But Trayvon's family and its supporters say Zimmerman racially profiled the 17-year-old, who had been walking through a Sanford neighborhood. Zimmerman, a self-appointed neighborhood watch volunteer, had called police to report a "suspicious" looking person was in the area. The two then had a violent encounter. http://www.npr.org/blogs/thetwo-way/2013/06/10/190310047/trayvon-martin-killing-2-sides-want-very-different-jurors
lol such a candid way of saying the prosecution needs people who are going to kneejerk convict and ignore facts. I feel like if I was a prosecutor and that's what I needed to convict someone the case should be dropped. So insane :/
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On June 11 2013 02:01 dAPhREAk wrote:Show nested quote +On June 10 2013 21:14 esdf wrote:On June 09 2013 04:11 Sermokala wrote:On June 09 2013 04:05 Millitron wrote:On June 08 2013 13:02 sluggaslamoo wrote:On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury. Maybe they could be construed to mean he's into the larger drug culture. Sure, getting high doesn't make you start fights, but everyone agrees that drugs fuel gang violence. That's the only connection I can see, and I agree, it's pretty nonsensical. Its more the suspension from school and the fights and crime that trayvon committed beyond the guns and drugs he shouldn't have been anywhere near. The prosecution can't paint trayvon as an innocent kid like the media did, the judge would have to allow the defense to show the jury how Zimmerman was completely justified in confronting trayvon on what he was doing in the area. I've no idea why jury won't be able to take in to account Martin's school suspension, history of fighting, gun possesion and drug use. This seems to me like it has been constructed to look like a racist case/hatred crime (or how's it called on English) at all costs. Don't know who'd have any interest in making it look like that tho. in the US system, previous history and/or character evidence are irrelevant because they do not show what actually happened on the date in question, and are prejudicial because if jurors know about prior history/character evidence they may make decisions based on that rather than the facts (or absence thereof) showing what happened on the date in question. of course, if you can show some independent relevance (e.g., previous fights may tend to show that trayvon was in fact a good fighter, which supports zimmerman's theory that he got his ass handed to him) then the court will allow it--but courts are very skeptical about this type of evidence. think of this: biggest bully in high school is walking down the street and unprovoked one of his prior victims who is lying in wait kills him with a baseball bat without the bully even seeing whats coming. should they be allowed to show his prior history of bullying to show self defense? of course not. this was a premeditated crime and self defense was clearly inapplicable. however, if you start throwing in all the prior bullying and paint the victim as a bad person, the juror may ignore the clear evidence and acquit. that is not allowed.
But history of something like anger issues can be extremely relevant. If someone has a history of getting angry and reacting inappropriately, it can definitely be applied to a case like this. Of course, this is only relevant when we are so lacking in direct evidence that we have to rely on inferences, but simply saying that it's irrelevant can't be correct.
If you want an example: say that we're in a he-said-she-said situation, and one party or the other has multiple perjury counts. Who are you going to believe?
On June 11 2013 06:08 RebirthOfLeGenD wrote:Show nested quote +On June 11 2013 02:34 dAPhREAk wrote:TRIAL IS CURRENTLY UNDERWAY -- Prosecutor and Defendant are selecting jurors. Trayvon Martin Killing: 2 Sides Want Very Different Jurors Nearly 16 months after the , the man charged with second-degree murder is due in court Monday for the start of his trial.
According to experts , the prosecution and defense will be looking for very different kinds of people to sit on the jury that will hear the evidence against George Zimmerman:
"Defense attorneys will likely favor people age 40 and older, predicted Orlando jury consultant Susan Constantine. They'll also want managers, authority figures, people who are analytic — engineers, for example — those who are unemotional and will focus on the facts.
"Expect prosecutors to favor people ages 18 to 35, those with lower-paying jobs — for example, social workers, construction workers or people in service industries — and, in general, those who rely more on emotion in making decisions, Constantine said. Defense attorneys will favor whites, prosecutors blacks, she said."
, NPR's Greg Allen recapped the story and previewed the trial. Trayvon's death, and the way local prosecutors initially handled the case, sparked protests in several cities across the nation and reignited the national discussion about race relations.
Zimmerman has said he acted in self defense. But Trayvon's family and its supporters say Zimmerman racially profiled the 17-year-old, who had been walking through a Sanford neighborhood. Zimmerman, a self-appointed neighborhood watch volunteer, had called police to report a "suspicious" looking person was in the area. The two then had a violent encounter. http://www.npr.org/blogs/thetwo-way/2013/06/10/190310047/trayvon-martin-killing-2-sides-want-very-different-jurors lol such a candid way of saying the prosecution needs people who are going to kneejerk convict and ignore facts. I feel like if I was a prosecutor and that's what I needed to convict someone the case should be dropped. So insane :/
Consider that the jury consultant could be biased. Let me attempt to paint it in a different light: "Defense attorneys will favor people 40 and older in authority positions, who will side with the person in power in the situation and against the young, powerless individual. Prosecutors will favor people with younger, more flexible perspectives, who can empathize with the youth and ignore the attempts of the defense to slander him for drug use." You see? A lot of this is based on how you phrase things.
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On June 11 2013 06:10 Acritter wrote:Show nested quote +On June 11 2013 02:01 dAPhREAk wrote:On June 10 2013 21:14 esdf wrote:On June 09 2013 04:11 Sermokala wrote:On June 09 2013 04:05 Millitron wrote:On June 08 2013 13:02 sluggaslamoo wrote:On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury. Maybe they could be construed to mean he's into the larger drug culture. Sure, getting high doesn't make you start fights, but everyone agrees that drugs fuel gang violence. That's the only connection I can see, and I agree, it's pretty nonsensical. Its more the suspension from school and the fights and crime that trayvon committed beyond the guns and drugs he shouldn't have been anywhere near. The prosecution can't paint trayvon as an innocent kid like the media did, the judge would have to allow the defense to show the jury how Zimmerman was completely justified in confronting trayvon on what he was doing in the area. I've no idea why jury won't be able to take in to account Martin's school suspension, history of fighting, gun possesion and drug use. This seems to me like it has been constructed to look like a racist case/hatred crime (or how's it called on English) at all costs. Don't know who'd have any interest in making it look like that tho. in the US system, previous history and/or character evidence are irrelevant because they do not show what actually happened on the date in question, and are prejudicial because if jurors know about prior history/character evidence they may make decisions based on that rather than the facts (or absence thereof) showing what happened on the date in question. of course, if you can show some independent relevance (e.g., previous fights may tend to show that trayvon was in fact a good fighter, which supports zimmerman's theory that he got his ass handed to him) then the court will allow it--but courts are very skeptical about this type of evidence. think of this: biggest bully in high school is walking down the street and unprovoked one of his prior victims who is lying in wait kills him with a baseball bat without the bully even seeing whats coming. should they be allowed to show his prior history of bullying to show self defense? of course not. this was a premeditated crime and self defense was clearly inapplicable. however, if you start throwing in all the prior bullying and paint the victim as a bad person, the juror may ignore the clear evidence and acquit. that is not allowed. But history of something like anger issues can be extremely relevant. If someone has a history of getting angry and reacting inappropriately, it can definitely be applied to a case like this. Of course, this is only relevant when we are so lacking in direct evidence that we have to rely on inferences, but simply saying that it's irrelevant can't be correct. If you want an example: say that we're in a he-said-she-said situation, and one party or the other has multiple perjury counts. Who are you going to believe?
perjury convictions are a whole different ball game. convictions that bear on the credibility of the witness are considered relevant in most situations where the person testifies--still bases for excluding them though--and you are using them to impeach the credibility of a witness.
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On June 11 2013 06:19 dAPhREAk wrote:Show nested quote +On June 11 2013 06:10 Acritter wrote:On June 11 2013 02:01 dAPhREAk wrote:On June 10 2013 21:14 esdf wrote:On June 09 2013 04:11 Sermokala wrote:On June 09 2013 04:05 Millitron wrote:On June 08 2013 13:02 sluggaslamoo wrote:On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury. Maybe they could be construed to mean he's into the larger drug culture. Sure, getting high doesn't make you start fights, but everyone agrees that drugs fuel gang violence. That's the only connection I can see, and I agree, it's pretty nonsensical. Its more the suspension from school and the fights and crime that trayvon committed beyond the guns and drugs he shouldn't have been anywhere near. The prosecution can't paint trayvon as an innocent kid like the media did, the judge would have to allow the defense to show the jury how Zimmerman was completely justified in confronting trayvon on what he was doing in the area. I've no idea why jury won't be able to take in to account Martin's school suspension, history of fighting, gun possesion and drug use. This seems to me like it has been constructed to look like a racist case/hatred crime (or how's it called on English) at all costs. Don't know who'd have any interest in making it look like that tho. in the US system, previous history and/or character evidence are irrelevant because they do not show what actually happened on the date in question, and are prejudicial because if jurors know about prior history/character evidence they may make decisions based on that rather than the facts (or absence thereof) showing what happened on the date in question. of course, if you can show some independent relevance (e.g., previous fights may tend to show that trayvon was in fact a good fighter, which supports zimmerman's theory that he got his ass handed to him) then the court will allow it--but courts are very skeptical about this type of evidence. think of this: biggest bully in high school is walking down the street and unprovoked one of his prior victims who is lying in wait kills him with a baseball bat without the bully even seeing whats coming. should they be allowed to show his prior history of bullying to show self defense? of course not. this was a premeditated crime and self defense was clearly inapplicable. however, if you start throwing in all the prior bullying and paint the victim as a bad person, the juror may ignore the clear evidence and acquit. that is not allowed. But history of something like anger issues can be extremely relevant. If someone has a history of getting angry and reacting inappropriately, it can definitely be applied to a case like this. Of course, this is only relevant when we are so lacking in direct evidence that we have to rely on inferences, but simply saying that it's irrelevant can't be correct. If you want an example: say that we're in a he-said-she-said situation, and one party or the other has multiple perjury counts. Who are you going to believe? perjury convictions are a whole different ball game. convictions that bear on the credibility of the witness are considered relevant in most situations where the person testifies--still bases for excluding them though--and you are using them to impeach the credibility of a witness.
That's a very fair point. I was just trying to give an example of a situation where past behavior can be expected to influence our interpretation of a situation. Like, say a man has a habit of regularly taking out his gun to clean it. This can be used to paint the fact that his firearm was found left out in a harmless light.
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On June 11 2013 02:01 dAPhREAk wrote:Show nested quote +On June 10 2013 21:14 esdf wrote:On June 09 2013 04:11 Sermokala wrote:On June 09 2013 04:05 Millitron wrote:On June 08 2013 13:02 sluggaslamoo wrote:On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury. Maybe they could be construed to mean he's into the larger drug culture. Sure, getting high doesn't make you start fights, but everyone agrees that drugs fuel gang violence. That's the only connection I can see, and I agree, it's pretty nonsensical. Its more the suspension from school and the fights and crime that trayvon committed beyond the guns and drugs he shouldn't have been anywhere near. The prosecution can't paint trayvon as an innocent kid like the media did, the judge would have to allow the defense to show the jury how Zimmerman was completely justified in confronting trayvon on what he was doing in the area. I've no idea why jury won't be able to take in to account Martin's school suspension, history of fighting, gun possesion and drug use. This seems to me like it has been constructed to look like a racist case/hatred crime (or how's it called on English) at all costs. Don't know who'd have any interest in making it look like that tho. in the US system, previous history and/or character evidence are irrelevant because they do not show what actually happened on the date in question, and are prejudicial because if jurors know about prior history/character evidence they may make decisions based on that rather than the facts (or absence thereof) showing what happened on the date in question. of course, if you can show some independent relevance (e.g., previous fights may tend to show that trayvon was in fact a good fighter, which supports zimmerman's theory that he got his ass handed to him) then the court will allow it--but courts are very skeptical about this type of evidence. think of this: biggest bully in high school is walking down the street and unprovoked one of his prior victims who is lying in wait kills him with a baseball bat without the bully even seeing whats coming. should they be allowed to show his prior history of bullying to show self defense? of course not. this was a premeditated crime and self defense was clearly inapplicable. however, if you start throwing in all the prior bullying and paint the victim as a bad person, the juror may ignore the clear evidence and acquit. that is not allowed.
I see, makes sense. Thanks for clarifying.
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A little levity.
The first prospective juror questioned on Tuesday – and the fifth person so far – conceded that he was fearful of backlash should his identity be made public. “I would be afraid that if I anger strangers that someone would retaliate,” he said.
Defense Attorney - I challenge this juror.
The next prospective juror, who is black, said he had been angered by the “saber rattling” of black leaders and did not agree with the racial connotations that came to engulf the case. “I don’t know what happened,” he said. “I wasn’t there, but I don’t think it was racial.”
Prosecutor - I challenge this juror.
A third prospective juror, questioned about her media exposure, said she watched morning shows and used newspapers only to line her parrot’s cage or clean up her other animals’ messes. “I just don’t think they’re truthful,” she said.
Prosecutor - I challenge this juror.
Jury Selection Continues in Trayvon Martin Case
The first round of jury selection resumed Tuesday morning in the second day of the murder trial of George Zimmerman, with lawyers trying to discern prospective jurors’ exposure to the sensationalized case and any leanings they may harbor.
The first prospective juror questioned on Tuesday – and the fifth person so far – conceded that he was fearful of backlash should his identity be made public. “I would be afraid that if I anger strangers that someone would retaliate,” he said. The next prospective juror, who is black, said he had been angered by the “saber rattling” of black leaders and did not agree with the racial connotations that came to engulf the case. “I don’t know what happened,” he said. “I wasn’t there, but I don’t think it was racial.”
A third prospective juror, questioned about her media exposure, said she watched morning shows and used newspapers only to line her parrot’s cage or clean up her other animals’ messes. “I just don’t think they’re truthful,” she said.
Selecting jurors may prove to be the longest part of the trial of Mr. Zimmerman, 29, the neighborhood watch volunteer who claimed self-defense in shooting and killing an unarmed black teenager, Trayvon Martin, in a gated community here more than 16 months ago.
Painstakingly, lawyers for the prosecution and the defense are questioning prospective jurors one by one. After the prosecution and defense teams agree to prospective jurors culled from the initial round, which could last days if not weeks, a second round of questioning will occur. A final jury of six will be selected, plus alternates, under the rules for trials of second-degree murder in Florida. The judge has yet to decide whether they will be sequestered.
The questioning of the prospective jurors began Monday around 2:30 p.m., averaging a half-hour for each prospective juror, after each had filled out a questionnaire, the contents of which have not been made public.
Hundreds of those in the jury pool arrived at the courthouse early Monday. Those examined were asked questions including, “Do you watch the news?” “Did you read about the trial online?” “Do you watch Fox News, or CNN, or NBC?” “Do you realize that ‘CSI,’ the popular crime show, is fiction?”
The prospective jurors’ identities were concealed and they were referred to only by number, which brought moments of levity to otherwise somber and onerous proceedings.
“I’m going to refer to you as B30, if that’s O.K.?” the state’s lead prosecutor in the case, Bernie de la Rionda, asked one man.
“I’d rather be 30 than be 65,” the man, who was retired, replied.
Another prospective juror said the only television she watched was on Bravo, specifically the “Real Housewives” series. Yet another said she subscribed to The Orlando Sentinel, but looked only for the coupons.
Mr. Zimmerman’s lawyer, Mark O’Mara, said in an interview on Sunday that his greatest fear was that the jurors would make their decisions not based on evidence, but instead out of fear of blowback that could come after the trial.
Mr. Martin’s parents, Tracy Martin and Sybrina Fulton, watched from the courtroom Tuesday. They issued a brief statement Monday morning, saying the family was relieved the trial had begun, and asking for the community to “continue to stay peaceful.” A few hours later, Mr. Zimmerman’s brother, Robert Zimmerman, told reporters that his family, which is living in an undisclosed location, frequently received death threats yet was optimistic about the trial’s outcome.
On Monday, George Zimmerman, who is free on $1 million bond, was also introduced to the prospective jurors, something Robert Zimmerman said he welcomed. George, he said, had been made into a “mythological monster,” and was instead “sensitive” and “very likable.”
Mr. Zimmerman’s wife, Shellie, who faces perjury charges for misleading the court last year about the amount of money she and her husband had available for bail, sat a few rows back from her husband. According to Mr. O’Mara, Mr. Zimmerman had put on about 130 pounds since last year, rarely ventured outside and traveled in disguises and body armor.
The killing of Mr. Martin, 17, on Feb. 26, 2012, created a furor after the police at first declined to charge Mr. Zimmerman, who claimed that he was jumped by Mr. Martin and was only defending himself. But community and civil rights leaders viewed the shooting as a malicious and unjustified attack on an innocent young man who was simply returning to the condominium development after a trip to buy snacks.
Although demonstrations are expected once trial testimony starts, only a dozen protesters showed up at the courthouse on Monday, several wearing T-shirts from the Revolutionary Communist Party, and even fewer appeared on Tuesday. Townspeople and officials are girding for greater masses once opening statements are under way.
Denying the defense lawyers’ request to postpone the trial yet again, the judge in the case, Debra S. Nelson, ordered that the case proceed, even though she has not yet ruled on whether certain pieces of evidence can be admitted.
The defense wants certain “inflammatory terms” banned from opening statements, among them “profiled,” “vigilante” and “self-appointed cop.” The prosecution agreed not to use the terms during jury selection.
Also undecided is whether audio experts will be brought in to testify about whose voice — Mr. Martin’s or Mr. Zimmerman’s — can be heard screaming for help in an audio snippet of a witness’s call to 911 just before the fatal shot was fired.
In pre-trial hearings, which lasted until Saturday, audio experts for the prosecution and The Orlando Sentinel said that the person screaming was likely Mr. Martin, while experts for the defense said the identity of the screamer could not be determined, in part because of the quality of the clip.
http://www.nytimes.com/2013/06/12/us/jury-selection-trayvon-martin-case.html?_r=0
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On June 11 2013 06:10 Acritter wrote:Show nested quote +On June 11 2013 02:01 dAPhREAk wrote:On June 10 2013 21:14 esdf wrote:On June 09 2013 04:11 Sermokala wrote:On June 09 2013 04:05 Millitron wrote:On June 08 2013 13:02 sluggaslamoo wrote:On June 08 2013 09:51 dAPhREAk wrote:Jury's look into Trayvon Martin's past has its limits In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.
Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.
They include:
A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
Texts and video that suggest that Martin was involved in organized fights.
Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.
After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.
There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.
Joe Burbank / AP file
In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.
“If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.
As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.
The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.
“That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.
The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.
At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:
Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.
Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.
“If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.
Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations. http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite I don't understand why the traces of marijuana is such a big deal. Marijuana starts fights? That's a first. I guess it would help if there are many uninformed people in the jury. Maybe they could be construed to mean he's into the larger drug culture. Sure, getting high doesn't make you start fights, but everyone agrees that drugs fuel gang violence. That's the only connection I can see, and I agree, it's pretty nonsensical. Its more the suspension from school and the fights and crime that trayvon committed beyond the guns and drugs he shouldn't have been anywhere near. The prosecution can't paint trayvon as an innocent kid like the media did, the judge would have to allow the defense to show the jury how Zimmerman was completely justified in confronting trayvon on what he was doing in the area. I've no idea why jury won't be able to take in to account Martin's school suspension, history of fighting, gun possesion and drug use. This seems to me like it has been constructed to look like a racist case/hatred crime (or how's it called on English) at all costs. Don't know who'd have any interest in making it look like that tho. in the US system, previous history and/or character evidence are irrelevant because they do not show what actually happened on the date in question, and are prejudicial because if jurors know about prior history/character evidence they may make decisions based on that rather than the facts (or absence thereof) showing what happened on the date in question. of course, if you can show some independent relevance (e.g., previous fights may tend to show that trayvon was in fact a good fighter, which supports zimmerman's theory that he got his ass handed to him) then the court will allow it--but courts are very skeptical about this type of evidence. think of this: biggest bully in high school is walking down the street and unprovoked one of his prior victims who is lying in wait kills him with a baseball bat without the bully even seeing whats coming. should they be allowed to show his prior history of bullying to show self defense? of course not. this was a premeditated crime and self defense was clearly inapplicable. however, if you start throwing in all the prior bullying and paint the victim as a bad person, the juror may ignore the clear evidence and acquit. that is not allowed. But history of something like anger issues can be extremely relevant. If someone has a history of getting angry and reacting inappropriately, it can definitely be applied to a case like this. Of course, this is only relevant when we are so lacking in direct evidence that we have to rely on inferences, but simply saying that it's irrelevant can't be correct. If you want an example: say that we're in a he-said-she-said situation, and one party or the other has multiple perjury counts. Who are you going to believe? Show nested quote +On June 11 2013 06:08 RebirthOfLeGenD wrote:On June 11 2013 02:34 dAPhREAk wrote:TRIAL IS CURRENTLY UNDERWAY -- Prosecutor and Defendant are selecting jurors. Trayvon Martin Killing: 2 Sides Want Very Different Jurors Nearly 16 months after the , the man charged with second-degree murder is due in court Monday for the start of his trial.
According to experts , the prosecution and defense will be looking for very different kinds of people to sit on the jury that will hear the evidence against George Zimmerman:
"Defense attorneys will likely favor people age 40 and older, predicted Orlando jury consultant Susan Constantine. They'll also want managers, authority figures, people who are analytic — engineers, for example — those who are unemotional and will focus on the facts.
"Expect prosecutors to favor people ages 18 to 35, those with lower-paying jobs — for example, social workers, construction workers or people in service industries — and, in general, those who rely more on emotion in making decisions, Constantine said. Defense attorneys will favor whites, prosecutors blacks, she said."
, NPR's Greg Allen recapped the story and previewed the trial. Trayvon's death, and the way local prosecutors initially handled the case, sparked protests in several cities across the nation and reignited the national discussion about race relations.
Zimmerman has said he acted in self defense. But Trayvon's family and its supporters say Zimmerman racially profiled the 17-year-old, who had been walking through a Sanford neighborhood. Zimmerman, a self-appointed neighborhood watch volunteer, had called police to report a "suspicious" looking person was in the area. The two then had a violent encounter. http://www.npr.org/blogs/thetwo-way/2013/06/10/190310047/trayvon-martin-killing-2-sides-want-very-different-jurors lol such a candid way of saying the prosecution needs people who are going to kneejerk convict and ignore facts. I feel like if I was a prosecutor and that's what I needed to convict someone the case should be dropped. So insane :/ Consider that the jury consultant could be biased. Let me attempt to paint it in a different light: "Defense attorneys will favor people 40 and older in authority positions, who will side with the person in power in the situation and against the young, powerless individual. Prosecutors will favor people with younger, more flexible perspectives, who can empathize with the youth and ignore the attempts of the defense to slander him for drug use." You see? A lot of this is based on how you phrase things.
I know there are an infinite amount of ways to say and present the same thing based off what your goal is, I just found this humorous. I'm sure most of the people on the side of the prosecution think they are doing the right thing. On the other hand, I'm sure there is more than one person behind this who is serving their own political agenda by playing the race game. That's the only reason this case has such a toxic publicity to it.
This case has always sucked to me. It reminds me of a book I had to read for one of my law classes called No Heroes, No Villains. TL;DR: Some guy kills a cop on a train in the Bronx. The cop was off duty and not in uniform. Due to the sheer nature of the events it could not be exactly determined what the individual had done or what exchange took place between the off duty cop and the accused. Neither murder nor manslaughter fit the bill properly and eventually the guy only got in trouble for illegal possession of a firearm. Which due to the evidence (or lack thereof) was the only fair thing that could be done. Based off the information I have read/seen that's pretty much what I expect to happen here.
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