Posted on 05/24/2013 9:41:20 AM PDT by ConservativeInPA
In a bid to muddy up Trayvon Martin in advance of trial, a lawyer for George Zimmerman has released photos of a handgun and marijuana plants that were found on the late teenager’s cell phone.
In a court filing today, attorney Mark O’Mara listed documents and images he “intends to introduce into evidence” during the criminal case against Zimmerman, who has been charged with murdering Martin. The 17-year-old was shot to death in February 2012 by Zimmerman (who claims that he fired in self-defense while being attacked by the unarmed teenager).
Included in the photos that O’Mara says he wants jurors to see are two images extracted from Martin’s Huawei phone showing a Smith & Wesson handgun and clip. In one photo (seen above) the weapon appears to be held by the person who snapped the photo. The second photo shows the gun and clip atop what appears to be a soiled mattress.
Two other photos from Martin’s phone show potted marijuana plants.
O’Mara has also notified Florida prosecutors that he will try to introduce text messages from Martin’s phone. Those messages include exchanges dealing with Martin’s suspension from school for fighting and his mother’s decision that he needed to move in with his father (from whom she was divorced). “My mom just told me i gotta mov wit my dad,” read one November 2011 message that was followed up with a text noting, “She just kickd me out : (.”
Other texts on Martin’s phone appear to refer to his use of marijuana and the offer of a gun.
Days before Martin was killed, his father sent a text with advice about how his son should behave and show respect. “Show them that you a good kid and you want positive things around you. Be a big brother and not a DONKEY …… LOVE DAD.”
O’Mara also wants to introduce several photos of Martin, including one image (seen below) showing him giving two middle fingers to the camera.
If any exist.
Rethink that with this bit of information: Travyon's autopsy/toxicology report indicated that the little saint had THC in his system. Zimmerman mentions in the 911 call that he looks like he is on drugs, or something to that effect.
But they would point to a level of contempt for the law.And it would also call into question what *else* he might have been using at the time.
Well... he was only 12 years old, ya know.
Whether the prejudicial value outweighs the probative value is pretty much a subjective call on the part of the trial court judge, and will only be reviewed for an abuse of discretion standard.
If Florida follows the Federal Rules of Evidence, they probably have something like this:
Rule 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
(a) Character Evidence Generally. Evidence of a person’s character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
(1) Character of accused. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same;
(2) Character of victim. Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;
(3) Character of witness. Evidence of the character of a witness, as provided in Rules 607, 608 and 609.
(b) Other Crimes, Wrongs, or Acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pre-trial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.
As pointed out, if the prosecution offers ANY evidence that “Trayvon was a good boy” I think the gun photos and the “universal gesture of disapproval” photos come into evidence. In fact, it will be very difficult for the prosecutor to avoid it.
I cannot see under any circumstances how the pot plants come into evidence.
That looks like Martin's own concoction of purple drank: fuschia drank made with watermelon juice.
I cannot see under any circumstances how the pot plants come into evidence.
If I remember the toxicology report showed levels of THC in the blood showing recent usage and Byproducts of THC that showed a continual usage pattern.
The fact that his toxicology report shows THC establishes that he was “high” as reported by Zimmerman is all that is needed to establish the fact. The fact he has a photo of pot plants shows that he has a propensity to smoke pot on other occasions. This is clearly not admissible under Rule 404 (B).
I have practiced criminal law for almost 30 years for both prosecution and defense and tried well over 100 criminal jury trials as. I have also served as a judge. No jury will see the pot photos in court.
It's somewhat ironic a website called "The Smoking Gun" would blow this. Twice.
Good to know. I am not a lawyer and I am ignorant about those things.
It can come in as rebuttal evidence...also it will help on an appeal. And, it will keep the prosecution from using “14 yr old honor student BS”
The victim does not enjoy the protection from evidence like the defendant does
However, yes, you are correct that it is for the consideration of the jury pool. There is more to this release
The pot plants along with the toxicology report support GZ’s suspicion that TZ was “on drugs”.
No “similarly damning photos of Zimmerman exist” — or the shakedown industry, including “Old Media”, would have made them public long ago.
When you look at the two pictures together, you can make a reasonable argument that St. Skittles is holding the pistol. You can also make the argument he was a nail-biter before he became room temperature.
Well, if the prosecution argues that his death destroyed the possibility of him making a contribution to society by achieving his dream of becoming a plant and wildlife photographer...
But otherwise, no.
BTW: have you taken a look at how “Profiling” fits into the picture under Florida’s statute?
Pretty much...the evidence the defense presented may come in on rebuttal...correct?
(been a few yes since my JAG days)
Just what I'd expect from a guy that calls himself "nolimitnigga", and I agree with trayvon, he was a no limit nigga, now he is just a dead one.
It would come in during the defense case-in-chief, as the prosecution would have offered the evidence during their case-in-chief that opened the door to such evidence.
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