At Zimmerman trial prosecutors won't use 'profiled' in opening statementBy Rene Stutzman, Orlando Sentinel
9:09 a.m. EDT, June 17, 2013
SANFORD – Quietly and with hardly anyone noticing, George Zimmerman's attorneys convinced a judge to ban prosecutors from using the word "profiled" in their opening statement.
That means the theory that was the backbone of the state's case – that 17-year-old Trayvon Martin was profiled — is now something prosecutors cannot mention as they launch into their case against the former Neighborhood Watch volunteer.
It is a major pretrial victory for the 29-year-old Zimmerman, who in the days and weeks immediately after Trayvon's death was denounced as a racist, made into a social pariah and became the subject of a federal civil rights investigation.
The decision to ban the word "profiled" or any variation of it came one week ago, on Day 1 of Zimmerman's trial, but Circuit Judge Debra S. Nelson disposed of the issue quickly, and there was almost no discussion of it in open court.
"I don't have any objection to not mentioning these words," said lead prosecutor Bernie de Rionda, and the judge quickly moved on to another issue, jury selection.
De la Rionda was referring not only to "profiled" but also five other words or phrases that defense attorney Mark O'Mara had asked the judge to ban in a motion he filed May 30, asking her to prohibit several "inflammatory terms".
The others are "vigilante," "self-appointed Neighborhood Watch captain," "wannabe cop," and the phrases "He got out of the car after the police told him not to," and "He confronted Trayvon Martin."
Two of the now-banned phrases appear in the probable cause affidavit that prosecutors used to convince a judge to jail Zimmerman on a second-degree murder charge in April 2012.
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