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2:41 p.m.
Judge Nelson swears in Mr. Tim Tucholski.
O’Mara questions him about an event with a member of the Martin family.
Tucholski says he was returning from a restroom break and Mr. Martin.
He points him out.
He says Mr. Martin saw his badge and said an expletive under his breath.
He says it was at the door as he was holding it open.
Prosecutor Bernie de la Rionda cross examines.
Tucholski says he is a family friend and attends on Tuesdays.
Tucholski says he is sure that is what he heard.
Tucholski says he was walking in as Martin was walking out.
2:37 p.m.
O’Mara asks that the rules for witnesses be relaxed for Zimmerman’s family.
Judge Nelson says the rule does not allow for witnesses except for the victim’s family. She says some case law talks about experts, but nothing that says family members of the defendant are entitled to be in the courtroom.
She says if family members are present a representative isn’t needed. Benjamin Crump will not be allowed in the courtroom.
“The defense has to show some prejudice to keep them out,” Judge Nelson says.
O’Mara says he did not make such an argument.
O’Mara tells Judge Nelson Mr. Martin cursed at one of Zimmerman’s family members.
He says that person will testify that it happened and if Mr. Martin can’t conduct himself properly, he shouldn’t be allowed to stay.
Judge Nelson says besides a few cell phones, everyone has been well-behaved in response to O’Mara saying it happened in the courtroom.
She warns that emotional outbursts or contact with witnesses in the courtroom will not be tolerated.
O’Mara asks the state to say if they will call Zimmerman’s parents as witnesses or if it’s a ploy to keep them out of the courtroom.
Judge Nelson says the state will be allowed to ask the defense what the plan is for their witnesses.
O’Mara says the “mom and dad” for both sides would be fair.
Judge Nelson says the law only mentions the victim’s family and if Zimmerman’s parents weren’t on the witness list they would be allowed. She lists the cases she used.
2:28 p.m.
“What we’re left with is people that may be familiar with the voice,” West says.
He says Zimmerman’s uncle, a sworn deputy with the Orange County Sheriff’s Office, heard the screams on the TV and immediately knew it was his nephew.
West says family and friends listened to it and identified Zimmerman.
He says he expects other witnesses to identify Martin as the one screaming.
West says on Feb. 28, Investigator Sereno met with Tracy Martin and Brandy Green, and played the recording for them
“Mr. Martin lowered his head and said “No that’s not my son,’” West said.
West says other things in town were happening. He says Sybrina Fulton and Mr. Martin hired a law firm and media consultant.
He says a lawsuit was filed to get the recording released.
“Instead, there was great great public pressure on the city to release these recordings,” West says.
The prosecution objects.
West says a meeting was held on March 16 or 17, in which no law enforcement was present at city hall. He says Martin, Fulton and legal counsel were there and the recordings were played by the city manager and mayor.
West says Martin then said it was his son.
The prosecution objects again.
“Another person, though, that identified this voice as George Zimmerman is Eloise Bougard,” West says.
West grabs a piece of paper from the defense table and returns.
“This is a lot of information even though the event itself only took a few minutes,” West says.
He tells the jurors they will be instructed about the laws.
The prosecution objects.
Judge Nelson says the purpose of opening statements is for going over evidence.
The prosecution objects again.
Judge Nelson says counsel can state in open what is expected to show.
West says he will talk about the physical capabilities of Martin and Zimmerman.
West describes Martin’s height and weight.
“He was a former football player. He used to play linebacker and he was very good at it. He knew how to give a hit and take a hit,” he says.
West says Guy’s mentioned Zimmerman’s training too.
He says Zimmerman was “quite heavy” and wanted to lose weight, “regrettably he has put it back on.”
He says diet and exercise helped him lose the weight.
West says Zimmerman worked full time, went to school, and went to the gym when he could.
He says Zimmerman went to classes that fit his schedule, which included a boxing class.
The gym manager, Adam Polluck, said Zimmerman never made it past punching the bag, and even called him “soft.”
West says there’s no evidence Zimmerman was “trigger happy,” but got a permit in 2009.
He says a neighbor was not a responsible dog owner for an aggressive animal that harassed people. West says Zimmerman considered pepper spray.
“You either make yourself vulnerable or you get a gun,” West says.
The prosecution objects.
West says Zimmerman’s air marshal friend told him what kind of gun to get.
The prosecution objects.
“If you’re going to have it, it should be exactly the way Mr. Zimmerman was carrying it,” West says.
West tells the judge he would like to talk to the jury about the burden of proof.
Judge Nelson repeats the purpose of opening statements.
West asks her to remind the jury about the burden.
She says the court will instruct the jury as to the law.
West asks the jury to remember what they’ve heard from previous instructions.
He says the evidence will show that Martin was armed with a concrete sidewalk and used it to smash George Zimmerman’s head.
“That is a deadly weapon,” West says.
He tells the jury to listen to all the evidence. He asks them to keep an open mind until they hear all the evidence.
“That’s all I can ask,” West says.
Judge Nelson says they will take up a brief matter outside the jury’s presence. The jury leaves.
_________________  Do not go gentle into that good night.___________ Rage, rage against the dying of the light
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