8:42 a.m.
Defense attorney Mark O'Mara says he objected on the grounds of relevance. Prosecutor Richard Mantei tells the court the exhibit has already been published before the jury.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Woman behind Tracy looks like she could be his sister.

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Puzzler - that which puzzles or perplexes; anything that arouses curiosity or perplexes because it is unexplained, inexplicable or secret.

Klingon boy is weasel

If the previous calls to a dispatcher are allowed in this way, it would seem to indicate Trayvon's character will come into play easily. Maybe it is best if Nelson allows these previous calls. The damage from them does not look all that terrible, George called the police as he should have.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Did Weasel boy just a have a Freudian slip, this evidence makes the states case?

9:33 a.m.
Mantei says he was ready to argue relevance.

He says “state of mind” is relevant because it is an element of second-degree murder.

He says the evidence shows to a pattern of behavior leading up to February 26, 2012.

Mantei says the court hit on it when Noffke testified.

What is relevant about it is you can see he has call before about suspicious people, Mantei says.

He says it shows what he knows to be appropriate behavior and how he acted on the night of the shooting.

Mantei quotes the phrase that “they always get away.”

He says the evidence has been available for months and the witness has been listed.

“This isn’t some secret,” Mantei says.

Mantei says the only time the requirement of similarity is necessary is for identity purposes.

He quotes the Holmes opinion as evidence that shows the defendants reaction to his experiences.

“Shows a continuing scene of chronological events,” Mantei says, adding that it shows his state of mind for Feb. 26, 2012.

Mantei says the actions of the night of the shooting are different from his other actions. He says something happened that changed his mind.

Mantei finishes.

Judge Nelson says both sides gave her 20 cases and she’d like to listen to Noffke’s testimony again.

She asks for a copy of the recordings.

She asks the state if another witness can be called. He says Rumph can continue with her testimony on other matters.

The court listens to the recordings.

9:23 a.m.
O’Mara cites a case that addresses “bad acts.”

He says nothing in this evidence suggests how his client acted at the time of the offense, which would make it allowable.

He calls it a “stealth argument” trying to make the jury believe he was bad because of his past acts.

O’Mara says the state needed to present the evidence ahead of time.

He says it is prior act evidence and should not be admissible.

Mantei responds.

9:17 a.m.
O’Mara says the evidence is not “bad acts” evidence, but is previous acts. He says similar fact evidence should have been submitted 10 days before and there should have been a hearing.

He says to get to “state of mind,” listening to the recordings would show they are not ill-will, but they show Zimmerman was “acting fine.”

O’Mara asks that the calls not be allowed at this point until the state shows the connectivity.

He says the state is asking the jury to make a “quantum leap” from being a good citizen to an angry person.

O’Mara says he will look at cases involving “similar fact evidence.”

He says the calls have to be very similar. He argues that the calls actually address Zimmerman’s character.

Judge Nelson asks if comments in opening statements create an issue to consider.

O’Mara says no because it is not evidence.

Judge Nelson asks about cross-examination of Mr. Noffke. She asks if it created an issue in cross-examination in how Zimmerman was asking and the interpretation of the instructions Noffke gave.

O’Mara says the past calls can open Zimmerman’s history for rebuttal. He asks if the state is improperly making Zimmerman’s character an issue.

Judge Nelson asks again about Noffke’s cross-examination.

O’Mara says the state still has to follow proper evidence code to get the calls in.

Judge Nelson says she remembers a question to Mr. Noffke about how something he said may have been interpreted by Zimmerman.

O’Mara says he is arguing the point of the procedure to submit the evidence. He mentions to cases.

Judge Nelson says both arguments are “apples and oranges.” She says she has to decide what portion of the evidence code applies.

O’Mara says all of the cases say the procedure requires 10 days’ notice and the prior act has to show the state’s case.

8:59 a.m.
Defense attorney Mark O'Mara says he objected on the grounds of relevance. Prosecutor Richard Mantei tells the court the exhibit has already been published before the jury.

Mantei says the case will hear more evidence about Zimemrman’s neighborhood watch training and activities in the community. He says course work, education, and his communicated goals will be presented.

Mantei says the relevance is discussed in sections of the evidence code, which he cites.

He starts with “elements of the crime.” He provided a case example.

He says there was confusion yesterday regarding distinction of state of mind. He cites the Wimberly case.

Mantei says motive and state of mind are jury questions and the jury has a right to hear evidence in it.

He focuses on the mention of “suspicious person” in the non-emergency call already admitted into evidence.

Mantei says a recognized exception is to show motive.

He says the calls show the building level of frustration the defendant had.

The call is relevant because it shows Zimmerman understands the language used by dispatchers, Mantei says.

He cites another case as he says the evidence is relevant to establish context.

He concludes that the evidence is relevant because it relates to a number of items, it has already been published.

O'Mara begins his argument.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

OMG did you hear that...George gave his name...a see a pattern here

Similar calls?

I guess the difference is the guys he reported were not vicious thugs like TM... ran away rather than hid and then attacked GZ

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

So, based on Mantei's oral argument, the State's play here is that Zimmerman established a pattern of normal behavior - behavior from which he deviated on the night of the altercation, presumably due to "building frustration" that evinces a depraved state of mind. In other words: Zimmerman knew better than to do what he did that night, but he did it anyway.

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

I really don't see how they are going to convince anyone that George was getting frustrated because he sounds exactly the same on all of the calls and says similar things on all of the calls.

Now if they can determine how many flashlights he had during these other calls, well that might be the smoking gun!

OMG George is a serial do-gooder, send him to the gallows.

That is what they are trying to say. Now, do you hear any difference in the calls? I hear at least one where he was outside during the call. If this is their case it is worse than I thought.

What exactly did he say wrong? I would think saying there were break ins recently, would be an excellent explanation as to why he's calling. See something, say something. Better safe than sorry.

I say pull every NEN by everyone in Sanford and arrest anyone who called more than once. That's an indication they will soon provoke someone into beating the crap out of them so they can shoot them.

You know what the calls prove? They prove that he doesn't want to approach anyone. Is that really where the state wants to go?

9:35 a.m.

The calls, according to Mantei, were made:

August 3, 2011
August 6, 2011
Sept. 23, 2011
October 1, 2011
February 2, 2012.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

10 min recess

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Their argument is that Zimmerman acted properly/normally in prior calls, but that he acted differently on the night of the altercation - allegedly due to "building frustration", and thus allegedly evincing a "depraved mind".

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

But how was he different? I don't see it.

10:01 a.m.
The state calls Ramona Rumph back to the stand

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light