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| Defense counsel Mark O'Mara talks to George Zimmerman, with co-counsel Don West, center, in Seminole Circuit Court, in Sanford, Fla., Tuesday, July 9, 2013. Zimmerman is charged with second-degree murder in the fatal shooting of Trayvon Martin, an unarmed teen, in 2012. |
SANFORD, Fla.
(AP) -- A judge in Florida is postponing a ruling on whether a defense
animation that depicts the fight between Trayvon Martin and George
Zimmerman can be played before jurors at Zimmerman's murder trial.
After hearin more than five hours of arguments Tuesday, Judge Debra Nelson said she would issue a ruling
Wednesday.
The
animation depicts Zimmerman's version of his fight with Martin. It
shows Martin punching Zimmerman in the face and then straddling him.
Prosecutors are objecting to any use, claiming it's inaccurate and will confuse jurors.
Zimmerman is pleading not guilty to second-degree murder. He claims he acted in self-defense when he fatally shot Martin.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
The
trajectory of the bullet and gunpowder on Trayvon Martin's body support
George Zimmerman's account that the teen was on top of him when the
defendant shot and killed Martin, an expert on gunshot wounds testified
Tuesday.
Forensic pathologist Dr. Vincent
DiMaio also used photographs of Zimmerman to point out where he appeared
to have been struck during testimony that took up a significant portion
of the day's hearing. Defense attorneys, who said they may wrap up
their case Wednesday, were hoping DiMaio's testimony would help convince
jurors of Zimmerman's claims that he shot Martin in self-defense.
DiMaio,
who was hired by the defense, said the muzzle of Zimmerman's gun was
against Martin's clothing and it was anywhere from two to four inches
from Martin's skin.
"This is consistent with
Mr. Zimmerman's account that Mr. Martin was over him, leaning forward at
the time he was shot," said DiMaio, the former chief medical examiner
in San Antonio.
DiMaio testified that
lacerations to the back of Zimmerman's head were consistent with it
striking a concrete sidewalk. Later, when looking at photos of
Zimmerman's injuries taken the night of the shooting, DiMaio identified
six separate impacts to Zimmerman's face and head. He said he believed
Zimmerman's nose had been broken.
"It's obvious he's been punched in the nose and hit in the head," he said.
Under
cross-examination, DiMaio conceded that the gunshot could also be
consistent with Martin pulling
away from Zimmerman, and that he reached
his conclusion without factoring in statements from some neighbors who
say Zimmerman was on top of Martin. DiMaio, who has testified at
high-profile trials including that of record producer Phil Spector, said
witness accounts are often unreliable. The pathologist said he had been
paid $2,400 by the defense.
DiMaio's
testimony also addressed the difference between Zimmerman's account that
he had placed Martin's arms out to his sides and a photo taken after
the shooting that shows Martin's arms under his body. The pathologist
said Martin would have been conscious for 10 to 15 seconds after the
shooting as a reserve supply of oxygen ran out of his body, and during
that time he could have moved his arms.
After
DiMaio testified, the 911 calls that captured sounds of the fatal
encounter were discussed again. Defense attorneys called Sanford City
Manager Norton Bonaparte to the witness stand to describe the
circumstances of how Martin's family came to hear the 911 tapes.
Bonaparte said he played the 911 tapes while members of Martin's family
sat together at City Hall. He played them as a courtesy before they were
released publicly.
Defense attorneys are
trying to show that Martin's family members may have influenced each
other in concluding the screams are those of the Miami teen. Police
officers testified for the defense that it's better for someone who is
trying to identify a voice to listen to it alone.
Convincing
the jury of who was screaming for help on the tape has become the
primary goal of prosecutors and defense attorneys because it would help
jurors evaluate Zimmerman's self-defense claim. Relatives of Martin's
and Zimmerman's have offered conflicting opinions about who is heard
screaming.
Zimmerman has pleaded not guilty to
second-degree murder and says he shot Martin in self-defense during a
scuffle in the townhome complex where he lived. Martin was there
visiting his father and his father's fiancee.
Defense
attorney Mark O'Mara also told Judge Debra Nelson that the defense
would likely finish putting on its case on Wednesday. Zimmerman, so far,
hasn't testified. But jurors saw repeated video recordings of Zimmerman
telling his side of the story to police investigators. The defense
started its case last Friday, and if it keeps to the schedule
anticipated by O'Mara, its presentation will take about half of the time
of the prosecution.
Nelson considered
prosecutors' request to bar the defense from showing animation depicting
the fight between Martin and Zimmerman. Nelson held an evidence hearing
with jurors out of the courtroom, but ultimately postponed her decision
and more arguments on the matter until later in the afternoon.
Prosecutors object to the animation, saying it isn't an accurate depiction.
Defense
attorneys called the man who created the animation to testify. To
recreate the fight, Daniel Schumaker went to the crime scene. He had
employees in motion-capture suits re-enact what happened based on
coroner photographs, police reports, the coroner's report, witness
depositions and photos taken by responding police officers, he said.
