George Zimmerman is at the Seminole County Courthouse this morning for the latest hearing in his second-degree murder case.
Zimmerman spoke in court for the first time in months. He agreed to waive his rights to a Stand Your ground preliminary hearing.
Under questioning from Circuit Judge Debra Nelson, Zimmerman repeatedly said "yes" to a series of questions asking if he was aware he was giving up the right to a hearing before his second-degree murder trial in June. A judge would have sole discretion in an immunity hearing to decide if Zimmerman is exempt from culpability in the shooting. A jury would make the determination in the murder trial.
JUDGE NELSON: Is it your decision not to have the pretrial immunity hearing?
GEORGE ZIMMERMAN: After consulting with my attorneys, yes your honor.
NELSON: Has anyone promised you anything to influence your decision?
ZIMMERMAN: No your honor.
NELSON: Has anybody threatened you?
ZIMMERMAN: No your honor.
Zimmerman’s attorneys decided they will try this as a self-defense case.
The judge had set aside two weeks at the end of April for an immunity hearing should Zimmerman want one. Prosecutor Bernie de la Rionda had filed a motion asking that Zimmerman make clear his intentions on whether he wanted the hearing.
Zimmerman's defense attorney, Mark O'Mara, told the judge Tuesday there was nothing in the law that required the immunity hearing to take place before Zimmerman's trial and could be requested after prosecutors have presented their case.
"We'd much rather have the jury address the issue of criminal liability or lack thereof," O'Mara said.
Something we don't see every day, one of the defense attorneys took the stand today.
Don West testified saying the state has been keeping discovery from them when it comes to witness 8 or Trayvon Martin's girlfriend. West said witness 8 lied during her deposition.
"Witness said she had lied, and that Miss Fulton was crying," West said.
West said witness 8 lied about being at the hospital and missing Trayvon Martin's funeral.
The judge set the stage early today filing paperwork demanding professionalism between the attorneys.
Zimmerman has pleaded not guilty, claiming self-defense. Martin was fatally shot in February 2012 during a fight with Zimmerman in a Sanford gated community.
O'Mara also wanted the court to unseal details on a civil settlement Martin's parents received from Zimmerman's homeowner's association. O'Mara contended the settlement could influence the testimony of Martin's parents, if they are called as witnesses.
The judge said defense attorneys and prosecutors could see full copies of the settlement but the public would only be able to see a version from which some information has been removed.
The hearing ended at noon while attorneys and Judge Nelson broke for lunch. The judge told attorneys to meet in her chambers at 1:30 p.m. to discuss jury selection off the record.
The next hearing has been scheduled for May 28.
Reaction from attorneys for Trayvon Martin's family
Attorneys Ben Crump and Natalie Jackson, who represent Trayvon Martin's parents, issued the following statement after Tuesday's hearing:
"There is no doubt that the legislature intended that a Stand Your Ground Immunity Hearing should be decided before trial. Because ultimately, the Stand Your Ground Statute grants immunity from civil lawsuits, arrests, and trials, if a defendant prevails.
Therefore, while it is theoretically possible for George Zimmerman to merge his Stand Your Ground Hearing into the trial, there is really no advantage to a defendant with a strong defense to do so.
The fact that George Zimmerman has decided to now waive his right to a stand your ground hearing before trial is very telling of his defense or lack there of. We believe the Defense’s decision to waive a pre-trial hearing and to merge the Stand Your Ground Hearing into the trial is to prevent putting George Zimmerman on the stand and to preclude the public and the potential jury pool from previewing the many inconsistences in George Zimmerman’s story.
It has and continues to be our position that the Stand Your Ground Immunity Statute does not apply to the actions of George Zimmerman on the night that he shot and killed Trayvon Martin. Further, the decision made by the defense to waive a pretrial hearing and to solely continue on to trial vindicates the many thousands of protesters who demanded George Zimmerman be arrested for the killing of Trayvon Martin. After all, to have a felony criminal trial an arrest must first be made."