SANFORD – 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 the neighborhood watch volunteer who fatally shot the Miami Gardens teen, a judge ruled Tuesday.
Circuit Judge Debra Nelson also refused to allow jurors to travel to the shooting scene during trial and rejected a defense request to delay the trial set to begin June 10.
The judge called the request to let jurors see the crime scene “a logistical nightmare.”
The judge also ruled that some of the Trayvon’s texts and other social media statements won’t be allowed in opening statements, though some of the teen’s personal history could be allowed later with a ruling from the judge depending on how the case progresses.
Zimmerman’s attorney, Mark O’Mara, told the judge that Trayvon’s marijuana use and past fighting was central to the argument that Zimmerman used self-defense when he confronted Trayvon last year at a gated community in Sanford. Zimmerman is charged with second-degree murder. He has pleaded not guilty.
“We have a lot of evidence that marijuana use had something to do with the event,” O’Mara said. “It could have affected his behavior.”
Benjamin Crump, an attorney for Trayvon’s family, said the teen’s parents were pleased with the judge’s rulings.
“Trayvon Martin is not on trial,” Crump said. The judge ruled against a defense request that the pool of jury candidates be sequestered during jury selection. She said jurors will be referred to by their jury numbers and she prohibited their faces from being photographed.
Nelson denied a prosecution request for a gag order that would prohibit attorneys from talking about the case.
O’Mara said he is concerned potential jurors could be affected by publicity the case is receiving.
The defense attorney had asked to push back the trial date because he said prosecutors had delayed turning over evidence as required. O’Mara is seeking sanctions against prosecutors but a hearing on those sanctions was delayed until next week.
Before the judge decided to postpone the hearing on sanctions, a former prosecutor who used to work in the same office as the attorneys prosecuting Zimmerman testified he had told O’Mara about photos and text messages from Trayvon’s cell phone that hadn’t yet been turned over to the defense. Former Assistant State Attorney Wesley White resigned last year from the State Attorney’s Office that covers northeast Florida.