Judge rules Trayvon Martin's toxicology report will be allowed into evidence
Updated On: Jul 09 2013 06:31:18 AM EDT
Judge Debra S. Nelson ruled the jury will learn of Trayvon Martin’s toxicology results showing THC in his system when he was shot and killed by George Zimmerman.
Nelson denied the motion filed by the state to have the toxicology reports kept from Zimmerman’s second-degree murder trial because Zimmerman didn’t know Martin, the THC levels were minimal and there was no evidence it affected Martin’s behavior.
West said the state medical examiner’s change in testimony said the THC could have “some effect” on Martin. West also said in Zimmerman’s statement to the non-emergency 911 dispatcher that it appeared the person was “on drugs.” West said Martin’s behavior is now relevant to self-defense claim so marijuana as well.
The defense said its expert will testify marijuana would affect the behavior of someone with the levels Martin had in his system.
Prosecutor John Guy said there has to be an effect and not just the substance present to have it brought to the jury.
Nelson had previously ruled Martin's toxicology wouldn't be included in the trial at a pretrial hearing.
Also on Monday afternoon, Nelson granted the state's motion in limine that the defense's law enforcement expert cannot testify that Zimmerman was reasonable in his use of force against Martin, did not break the law and showed restraint before using deadly force.
At the Richardson hearing after court on Monday, Nelson first ruled for the defense concerning a witness after the state wasn't told about a change on his testimony.
The state says they were not told John Donnelly listened to the 911 calls with the screaming in the background before his Monday testimony. Donnelly said as a Vietnam War veteran he was able to develop ability to distinguish screaming voices and testified the voice screaming was Zimmerman.
Zimmerman has been charged with second-degree murder in Martin's death. He has pleaded not guilty, claiming self-defense.
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