ORLANDO, Fla. (AP) — Data released Thursday by the defense from slain Florida teenager Trayvon Martin‘s cellphone includes texts with a friend about fighting, smoking pot and being forced to move out of his mother’s house because of trouble at school, as well as photos of a gun and what looks to be a potted marijuana plant.

A hearing next week will decide if the information can be used at the trial for George Zimmerman, who is charged with fatally shooting the unarmed 17-year-old last year during a confrontation at a gated community in Sanford. Prosecutors want the negative evidence omitted, but Zimmerman’s defense attorney said if they try to portray his client as the antagonist and Martin as the victim, he wants to show the jury that Martin has talked about fighting before.

“If they had suggested that Trayvon is nonviolent and that George is the aggressor, I think that makes evidence of the fighting he has been involved with in the past relevant,” said Mark O’Mara.

Zimmerman, 29, has pleaded not guilty to second-degree murder, claiming self-defense and his trial starts next month. O’Mara also filed a motion Thursday asking for a delay in the start of the trial so the defense team can talk at length with an expert witness for the prosecution.

The photos released by Zimmerman’s defense team also show Martin blowing smoke and extending his middle finger to the camera.

In the text messages, Martin tells a friend that his mother has told him he needs to move in with his father since he was caught skipping school. He also talks with a friend about smoking “weed.”

In another section, he describes being in a fight where his opponent got more hits than he did in the first round.

Prosecutors have filed a motion asking Circuit Judge Debra Nelson to prevent the photos, texts and other personal information from being used at the trial. The hearing is set for next Tuesday when the judge also will consider the motion to delay the trial.

Attorneys for Martin’s parents said in a statement that the photos and texts were irrelevant to the trial and could pollute the jury pool.

“Is the defense trying to prove Trayvon deserved to be killed by George Zimmerman because (of) the way he looked?” they said. “If so, this stereotypical and closed-minded thinking is the same mindset that caused George Zimmerman to get out of his car and pursue Trayvon, an unarmed kid who he didn’t know.”

As for the delay, O’Mara said he needed more time to review the qualifications of a prosecution witness with an expertise in speech identification. O’Mara said prosecutors only made him aware of the expert a short time ago. The expert could be used to testify whose voices were on 911 calls that captured the fatal fight between Zimmerman and Martin.

O’Mara said in an interview that he needed another month or two to prepare.

O’Mara also said in the interview that he is going to ask a judge to sequester not only the jury but the jury pool in the upcoming trial. That may involve sequestering 500 potential jurors in order to find six people who can serve on the jury, O’Mara said.

(Photo: AP)

5 thoughts on “Defense Uses Photos, Texts of Trayvon Martin to Fight Case Against Zimmerman

  1. Tami on said:

    Oh, my. After reading this, I hope no one harms me! They would never be found guilty. I used to fight all the time growing up.

    Imagine all of the children who have been threatened to be sent to live with their dad, big ma, etc., (I hope they didn’t tell anyone.) If something happens to them, that threat may be used against them as a reason to be attacked by a total stranger who is a vigilante.

    Anyone who has every smoked marijuana ( President Barack Obama, Former Presidents, Bill Clinton, George Washington, Thomas Jefferson, Andrew Jackson, James Madison, James Monroe, Franklin Pierce, and Zachary Taylor) are at risk, if they are still alive. There was Benjamin Franklin, who was President of the Supreme Executive Council of Pennsylvania who smoked marijuana. Former Governor of Alaska Sarah Palin, and Former Governor of California Arnold Schwarzenegger, were weed heads, as well. There have been and are mayors, governors, representatives in the House and the Senate who have used marijuana.)

    I hope nothing ever happens to the people who are still alive who used this drug, or that they have pictures of themselves floating around in clothing that some adult deemed weird, or inappropriate. I am sure all of that would be brought up during their trial, as well.

    Parents, please let your children know that it is real out here. Guard and protect them, as much as you can, like hawks no matter how much they hate it, until times get better. It’s not fair, nor right, but it is what it is.
    RIP Trayvon.

  2. If they allow the defense team to use any of Trayvons actions prior to that night against him just know that it’s setting the tone for the rest of us. If you are not perfect in your social postings and if you’ve ever acted out as a teen then you as well deserve to be murdered at any time. This is the message our justice system is sending.

    • marshall on said:

      @Wildflower: It pains me that the lawyer for Trayvon Marton neglects to disclose Zimmerman’s past infractions with the law–that dirty-low-down-white-looking-black-race-hater does not have a clean-past should be EXPOSED as well. Zimmerman’s defense is TAINTING possible jurors–likewise Trayvon’s people should be TAINTING Z as well.

  3. marshall on said:

    10 to 1 Zimmerman [white-looking male] will NOT be found guilty by an ALL WHITE JURY in the South, for taking the life of a Black male [Trayvon Martin]. My comment is made without ANY glee; its American history; an historical fact.

    • Linda on said:

      Sad but true “marshall”. the courts are already dragging their feet in this case including not even arresting Zimmeran until out cries. Trayvon’s history has nothing to do with Zimmerman stalking and shooting him eventhough he was told not to pursue. This teen deserves justice.

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