Some evidence barred from Zimmerman case

Pool / Getty Images file

George Zimmerman, defendant in the killing of Trayvon Martin, with his lawyer at a pre-trial hearing April 30, 2013.

By Tracy Connor, James Novograd and Tom Winter, NBC News

A Florida judge ruled Tuesday that George Zimmerman’s defense team cannot mention Trayvon Martin’s suspension from school, prior marijuana use, text messages or past fighting during opening statements at next month’s trial.

During a pre-trial hearing, Judge Debra Nelson said that during the trial she will consider motions to admit the evidence on a case-by-case basis outside the presence jurors who will decide if Zimmerman is guilty of second degree murder in the shooting death of Martin.

Nelson rejected a defense request for a trial delay and ruled that it will start June 10.

“This case has dragged on long enough,” prosecutor Bernie de la Rionda said in arguing for the trial to start as scheduled.

Martin Family Photos via AP

Trayvon Martin in an undated family file photo.

Over the course of two hours, Nelson granted numerous motions by prosecutors, who asked that the defense be barred from bringing up details of the slain teen’s past, arguing they would not be relevant to the Feb. 26, 2012, confrontation between Zimmerman and Martin.

Defense lawyer Mark O’Mara had asked the judge not to pre-emptively exclude the evidence, saying that it bolstered their theory of the shooting – that the 17-year-old was the aggressor and Zimmerman shot him in self-defense.

“There is certainly enough evidence…that’s going to suggest Trayvon Martin involved himself ongoingly with fighting with other people,” O’Mara said.

He said the defense had obtained text messages in which Martin referred to punching someone in the nose and video in which he taped two friends who “were beating up a homeless guy.”

Prosecutors argued that since Zimmerman and Martin didn’t know each other before the shooting, whether the teen had been involved in fights had no bearing on what happened that night.

The judge ruled that the evidence about past fights could not be mentioned in opening statements but said it could be admitted during trial if the defense could authenticate it and overcome rules against hearsay evidence.

The defense asked that the jury sequestered from the start of the trial, which is slated to begin June 10, but the judge denied the motion. Jurors will be referred to be number, not name, during the selection process, however.

Zimmerman, 29, did not attend the hearing, which was expected to last hours as the judge deals with a host of issues ahead of the June 10 trial.

He pleaded not guilty, telling police he resorted to self-defense after Martin punched him and beat his head to the ground after the two crossed paths inside a gated community.

Zimmerman has sued NBCUniversal for defamation in civil court, and the company has strongly denied his allegations.

This story was originally published on Tue May 28, 2013 9:07 AM EDT

Some evidence barred from Zimmerman case