Judge refuses to delay trial in Trayvon Martin killing

Yamiche Alcindor | USA TODAY

Show Caption Hide Caption Judge: No mention of Trayvon's marijuana use Attorneys won't be able to mention Trayvon Martin's drug use, suspension from school and past fighting during opening statements in the trial for George Zimmerman who fatally shot the teen, a judge ruled Tuesday. (May 28)

Tuesday%27s hearing was one of the last before June 10 trial

George Zimmerman is charged with second-degree murder

Prosecution and defense attorneys sparred over which evidence should be admitted

SANFORD, Fla. – A judge Tuesday refused to delay the June 10 trial of George Zimmerman, charged with second-degree murder in the February 2012 shooting death of Trayvon Martin.

Circuit Judge Debra Nelson, at a hearing on more than 20 motions ahead of the trial, also ruled that lawyers can't mention Trayvon's school records, past fights, marijuana use, ownership of gold teeth, or any photos or text messages found on the teen's cellphone.

Nelson said she reserves the right to change the ruling during the trial if lawyers open the door to such issues. However, she said that she can't imagine that any of these issues would be relevant.

Tuesday's two-hour hearing was at times heated as Nelson chastised defense attorneys for speaking publicly about her consideration of jury sequestration. The information was supposed to be kept from the public, Nelson said, but Zimmerman's attorneys repeatedly spoke openly about it. "I have not made a court order on whether this jury will be sequestered, " Nelson told Zimmerman's attorney, Mark O'Mara, the frustration obvious in her voice.

The judge also ruled against state prosecutors' third attempt at a gag order, though Assistant State Attorney Bernie de la Rionda argued that media coverage of the case may prejudice potential jurors. "At some point, it factors into the state and defense having a fair trial," he said.

Largely, however, the prosecution's motions were granted. A few of the motions of the defense were denied and at least three were continued to later hearings.

O'Mara argued that he needed more time to prepare for the June 10 trial and that prosecutors had not been forthcoming with evidence. "We are not going to be ready," he told Nelson. Soon after, the judge said the trial would remain scheduled for its original date.

After the hearing, O'Mara said he was pleased with how the hearing went and said he was glad the judge indicated that both sides should deal with the facts surrounding the night of the shooting. "We are ready and looking forward to getting this case tried," he said. "I'm very happy with the judge's rulings."

Benjamin Crump, a lawyer for the Martin family, continued to maintain that Zimmerman's attorneys were trying to sway potential jury members when they released unsavory photos of Trayvon Martin. "Most lawyers knew this evidence was inadmissible," he said of Trayvon's text messages, photos and school record. "We have to not let people get away with polluting the jury."

George Zimmerman was not present at the hearing but his brother, Robert Zimmerman, said after the hearing that his brother is innocent. "I believe the time has come to withdraw the charge of murder in the second degree," he said outside the courtroom. "An innocent man is now faced with an improper charge."

Trayvon Martin's mother, Sybrina Fulton, along with the late teen's grandmother attended the hearing but did not speak to the media.

On Friday, lawyers will be back in court for a hearing on whether the media will be allowed to photograph and videotape potential jurors, and jurors during trial.

At a hearing on June 6 and 7, the judge will deal with a defense motion to sanction prosecutors for discovery violations. Defense attorneys have accused prosecutors of withholding text messages and photos from Trayvon's cellphone. On those days, Nelson will also hear arguments about whether voice identification experts will be allowed to testify at trial.

Meanwhile, on Tuesday, Nelson issued a number of other rulings:

• Witnesses can't mention whether they think Zimmerman's prosecution is politically motivated.

• Any hearsay statements to help Zimmerman is admissible. But a toxicology test showing Trayvon had marijuana in his system the night of his killing is not admissible.

• Granted state motions to prohibit witnesses from offering their opinions about Zimmerman's guilt, the proper punishment he should receive for his actions, and from telling the jury to disregard the law.

• Granted a state motion to compel Zimmerman's wife, Shellie Zimmerman, to testify at a deposition, but Nelson said Shellie can take the Fifth and prosecutors will have to submit their questions in writing to the court and Nelson will decide if Shellie has to answer those specific questions.

• Granted a motion to keep Zimmerman from testifying about his lack of prior felony convictions.

• Granted a defense motion to keep the identities of potential and actual jury members anonymous. Potential jurors will be referred to by numbers. Nelson said other issues will be dealt with once jury selection is underway.

• Denied a defense motion to allow the jury to visit the area in the gated Sanford community where Trayvon was killed. She said taking the jurors there could not logistically happen while keeping their identities secret.

Zimmerman, a neighborhood watch volunteer, is charged with second-degree murder in the Feb. 26, 2012, shooting of 17-year-old Trayvon Martin in Sanford. Martin's family argues the young man was racially profiled, pursued and killed. Zimmerman says he shot Trayvon in self-defense after being attacked.

Zimmerman remains free on $1 million bond.