Citing prior case law, the judge in the George Zimmerman murder case on Friday ruled that the defense was entitled to the school records of Trayvon Martin and can also subpoena his social media posts.
In a self-defense claim, the defendant is entitled to inquire about the victim’s propensity for violence. As of now, the information will not be made public, Judge Debra S. Nelson said. But, if it is used in future proceedings, including any trial, it could then become public.
Zimmerman’s attorney, former Local 6 legal analyst Mark O’Mara, said online videos exist of Martin being involved in mixed martial arts-style fights. Nelson ruled that O’Mara can subpoena Martin’s Facebook and Twitter accounts.
O’Mara was also granted the ability to subpoena the social media posts of Martin’s girlfriend, who was on the phone with Martin when he was shot, according to his parents’ attorney. O’Mara said he believes her online postings may contradict her story.
Nelson said she would rule at a later date on O’Mara’s request to obtain FBI and Florida Department of Law Enforcement reports on the investigations into Martin’s death.
Nelson also said the defense team can ask witnesses their addresses during depositions. If they refuse, Nelson said she would intervene. The state argued that the addresses should not be disclosed for safety reasons.
During the hearing, O’Mara handed Nelson an emergency motion concerning a witness deposition that occurred on Thursday. Details about the motion were vague, and Nelson ruled that the matter would be addressed at a hearing next Friday.
What could that Emergency Motion possibly be about???
Supposedly it had something to do with a deposition of one of the LEOs yesterday and the prosecution looked worried and fought to keep it sealed.
Supposedly it had something to do with a deposition of one of the LEOs yesterday and the prosecution looked worried and fought to keep it sealed. --
From TalkLeft's forum ...
MOM filed an emergency motion to sequster witnesses before deposition. Apparently a witness suggested some funny business.
I'm guessing that the prosecutor has been contacting witnesses before deposition, and O'Mara wants that to stop.
Supposedly it had something to do with a deposition of one of the LEOs yesterday and the prosecution looked worried and fought to keep it sealed. --
The Emergency Motion is online.
Emergency Motion for Protective Order - 19 October 2012.
O'Mara says that it appears the state withheld exculpatory evidence, in particular, the consensus of the SPD that there was insufficient evidence to charge a crime, any crime. O'Mara wants this specific area of inquiry (SPD consensus) to be "off limits" as a discussion matter between the witnesses and any lawyers, until O'Mara has an opportunity to depose all of the SPD personnel and others involved in the meetings discussing the case.