George Zimmerman's lawyers say prosecutors are stallingPublished: December 5, 2012
By FRANCES ROBLES — Miami Herald
George Zimmerman's lawyers say prosecutors are deliberately dragging their feet, and accused the Duval County State Attorney of delaying - and even hiding - evidence that suggests their client is innocent.
It took months and the judge's intervention for lawyers to get a vivid color copy of Zimmerman's
bloody injuries. The defense didn't find out about witnesses who had helpful information until recently, and attorneys learned of a police officer's full role in the case by word of mouth.
Papers filed in Seminole County Court in Sanford accuse prosecutors of withholding exculpatory information by delaying reports and a key audio tape.
The lawyers are asking Seminole Circuit Judge Debra Nelson for help.
"The state should not be allowed to play hide and seek with the evidence," defense attorney Mark O'Mara wrote.
Prosecutor Bernie de la Rionda has not filed a written response in court, and the spokeswoman for his office did not respond to a request for comment.
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An FBI report provided last month to the defense and made public Tuesday shows that at least one of Zimmerman's neighbors told the FBI that he was absolutely sure it was the former neighborhood watch volunteer who wailed in agony.
The defense lawyers also recently learned second-hand that a Sanford police officer was present when the 911 tape was played to Martin's father, and the dad said the cries were not his son's.
But O'Mara said prosecutors did not reveal that information to the defense team, which would be a violation of the rules that govern attorney conduct.
"I'm so used to prosecutors dumping boxes of evidence on me because most of my clients are obviously guilty of something," O'Mara said. "I get a case like this and it's the opposite. For whatever reason, I have to fight tooth and nail to get what I want. The more discovery I get, the better it is for me."
In a motion filed Monday, O'Mara asked the judge to let him re-take the deposition of the Sanford officer who allegedly heard Martin's father say the cries did not belong to his son. The officer had already given a sworn statement but was not asked about the incident, because defense lawyers did not know of the officer's involvement.
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