George Zimmerman's trial for second-degree murder is still set to begin June 10, despite the defense's request to delay the trial, Judge Debra Nelson ruled Tuesday.
The judge also ruled Tuesday that attorneys will not be allowed to mention Trayvon Martin's marijuana use, suspension from school and past fighting during the trial's opening statements. Judge Nelson did, however, leave the door open to allowing some of those details as evidence during testimony.
Defense attorney Mark O'Mara said he was happy with the judge's rulings, saying the only time he would use such evidence would be if the state tried to attack Zimmerman's character.
"This information, all of it, is only going to become relevant for the defense case, according to how the state handles their presentation," said O'Mara. "If this case is limited solely to what happened from the beginning of the non-emergency call to the end of the emergency call, which includes the shot to Trayvon Martin -- if that is what this case is going to be limited to, then this evidence may not be relevant at all."
Zimmerman, who has claimed he shot the 17-year-old in self-defense, was not at Tuesday's hearing.
The judge made more than a dozen rulings Tuesday, including denying a defense request to let jurors see the crime scene for themselves. Nelson called that a "logistical nightmare."
Nelson also banned any mention of some of Martin's texts and other social media statements during 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.
O'Mara told the judge that Martin's marijuana use and past fighting was central to the argument that Zimmerman used self-defense when he confronted Martin last year.
"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."
An attorney for Martin's family, Benjamin Crump, 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 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.
He 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, Wesley White, a former assistant state attorney, testified he had told O'Mara about photos and text messages from Martin's cell phone, which hadn't yet been turned over to the defense.
White resigned last year from State Attorney Angela Corey's office, which covers northeast Florida. It was Corey who charged Zimmerman with second-degree murder on behalf of the state.
Minute-by-minute updates from the courthouse
11:55 a.m.
Defense attorney Mark O'Mara, outside the courthouse, said he was happy with the judge's rulings to set limitations on what both sides can and cannot say during opening statements.
O'Mara said he respects the judge's decision on not allowing the jury to visit the scene of the shooting. He said he had wanted to give the jury an idea of what it's like to walk in that area at night, but he would look at alternative ways to set the scene for jurors.
O'Mara said the defense is "ready and looking forward to getting the case tried," adding he hopes to be able to have everything ready to present at trial.
11:40 a.m.
Trayvon Martin's family and their attorneys approach the podium outside the courthouse. Attorney Daryl Parks praises Judge Nelson's decision not to allow talk of Trayvon's marijuana use in opening statements, saying it had nothing to do with the shooting.
Parks also said the defense's attempts to turn people against Trayvon Martin will not work. He said evidence such as Trayvon Martin's school performance and marijuana use is irrelevant, because George Zimmerman knew nothing about Martin's past before he shot him.
Attorney Ben Crump calls the defense's waiver of a "Stand Your Ground" hearing for George Zimmerman a "huge victory" for Trayvon Martin's family.
Crump said all Martin's family wants is a fair process, and that the verdict will be based on the evidence.
11:30 a.m.
George Zimmerman's brother, Robert Zimmerman Jr., speaks outside the Seminole County Courthouse, calling for the state to withdraw the murder charge against his brother. Robert Zimmerman Jr. said his brother was "viciously blindsided" by Trayvon Martin and ultimately forced to defend himself against the teen.
Robert Zimmerman Jr. recalled his brother supporting him when he came out as gay years ago, calling it one of the most difficult decisions of his life. He also talked about George Zimmerman's previous concern for the safety of his community as a neighborhood watch volunteer.
Inside the courtroom
11:05 a.m.
Judge Nelson wraps up the hearing. Next hearing is scheduled for Friday, May 31, regarding the media's question as to whether jurors can be photographed outside of court.
10:55 a.m.
Motion DENIED: Judge Nelson will not delay the George Zimmerman trial, saying both sides have previously indicated that they will have sufficient time to prepare for a June 10 trial. Nelson adds she has just scheduled two more hearings before jury selection begins.
10:50 a.m.
Regarding the state's gag order, Mark O'Mara acknowledges that defense attorney Don West made a mistake when he talked about a meeting in the judge's chambers with attorneys on both sides.
Motion DENIED: No gag order on the defense, though Judge Nelson did express her anger that the defense talked publicly about information that was not supposed to leave her chambers, including that she was considering sequestering the jury.
The judge now begins hearing the defense's motion to delay the trial. O'Mara says he needs more time to review recently released discovery, claiming the state hasn't been turning over evidence promptly.
10:40 a.m.
Regarding the defense's motion for sanctions against the state Attorney's Office, the defense calls Wesley White, a Nassau County attorney, to testify. White worked for state attorney Angela Corey, but resigned last year.
Mark O'Mara asks White about photos on Trayvon Martin's cell phone of a gun, Trayvon with an underage female, and what White identified as "drugs." White said he contacted the defense to tell them that the state had not turned over those photos.
Judge Nelson tries to delay hearing that motion until May 31, but because prosecutor Bernie de la Rionda says he cannot be there that day.
The sets aside two more hearing dates for June 6–7, the final weekdays before jury selection is scheduled to begin. The media's motion on photographing jurors remains scheduled for May 31.
The judge moves on to the state's third motion for a gag order. De la Rionda claims Mark O'Mara's public comments on the case are tainting the jury pool.
10:30 a.m.
Judge Nelson schedules another hearing this Friday, May 31, at 1:30 p.m. regarding whether the media can photograph jurors outside of the courtroom. This hearing could set precedence for all Florida court cases.
10:20 a.m.
Judge Nelson hears arguments on a state audio expert's fee of more than $3,000. The defense says it's too much, but the judge says, "It's very hard for the court to tell somebody how to earn a living." Nelson rules she will not establish the expert's fee for him.
10:10 a.m.
Motion DENIED: Jurors will not be brought to the scene of the shooting at the Retreat at Twin Lakes. Judge Nelson called the notion of taking a jury to the crime scene "a logistical nightmare."
Motion GRANTED: The defense's additional witnesses have been approved, but must be made available for deposition.
10 a.m.
Prosecutor Bernie de la Rionda argues he thinks both sides are entitled to find out who the jurors are.
Media attorney Scott Ponce argues jury selection is an open process and should not be closed to the media.
Judge Debra Nelson rules the jury will not be sequestered, but says the jurors may only be identified by their numbers, not their names, during the trial. The judge adds the media may not photograph the jurors during the trial.
9:50 a.m.
The judge is now hearing the defense's arguments for an anonymous jury, a move attorney Mark O'Mara says is to protect jurors, especially if George Zimmerman is acquitted.
O'Mara says because this is an "extraordinarily" high-profile case, he believes the entire jury should be sequestered. He mentioned the media's interest in the jurors who convicted Jodi Arias earlier in May of murdering her ex-boyfriend in Arizona.
9:40 a.m.
GRANTED: No talk is allowed in opening statements that Trayvon Martin tested positive for marijuana at the time of his death.
9:30 a.m.
GRANTED: No talk of whether Trayvon Martin had ever allegedly been in a fight before the night of the shooting is allowed in opening statements.
GRANTED: Trayvon Martin's social media accounts cannot be mentioned during opening statements, but may be admissible later if found to be relevant to witnesses' testimony.
GRANTED: No talk of whether Trayvon Martin ever possessed or wore a set of false gold teeth is allowed.
GRANTED: Trayvon Martin's school records or performance cannot be mentioned during opening statements, but may be admissible later if found to be relevant to testimony.
GRANTED: No talk of any text messages Trayvon Martin sent or received before or on the day he was shot is allowed until the court rules the information relevant.
9:20 a.m.
Motion GRANTED: "Self-serving" hearsay statements George Zimmerman may have made to witnesses is not allowed in opening statements. Other possible hearsay will be ruled upon as they come up during testimony.
Judge now hearing the various items on the state's motion regarding Trayvon Martin separately.
GRANTED: Talk of whether Trayvon Martin was ever suspended from school is not allowed during opening statements, but could be allowed as evidence during testimony.
GRANTED: No talk of whether Trayvon Martin previously used marijuana is allowed at trial.
9:10 a.m.
Judge Debra Nelson grants the state's motion regarding opinion as to appropriate penalty or disregard of law. The defense may not mention to the jury what possible punishment Zimmerman may face if he is found guilty.
The defense also may not imply that a jury has the power to pardon a defendant.
Motion GRANTED: The defense cannot imply that the state failed to call a witness because their testimony would be unfavorable to the prosecution.
Motion GRANTED: The defense cannot mention George Zimmerman's lack of previous felony convictions during opening statements.
9 a.m.
Court is in session. George Zimmerman is not present.