• Zimmerman defense releases texts about guns, fighting from Trayvon Martin's phone

    Attorneys for George Zimmerman, charged in the shooting death of Trayvon Martin, have requested a delay in his trial currently scheduled to begin in less than three weeks, as text messages come to light that the defense says show Martin had "a propensity towards violence."

    By Elizabeth Chuck, Jamie Novogrod, and Tom Winter, NBC News

    The defense team for George Zimmerman, the man charged with second-degree murder in the Florida shooting death of unarmed teenager Trayvon Martin, has released a trove of texts and photos from Martin's cell phone — but it's not clear whether they'll be admissible in trial.

    The newly released evidence, posted to a website run by Zimmerman's defense team on Thursday, includes texts from Martin where he discusses being suspended from school and smoking marijuana. He also shows an interest in guns in several texts.

    This comes just days before a key hearing next Tuesday that will determine the admissibility of certain evidence at the trial.

    The 25 photos released by Zimmerman's team include some of Martin that have already circulated widely online, as well as some new ones, including one where Martin shows his gold teeth to the camera while sticking up his middle fingers, and a close-up picture of a gun that the defense says was taken from Martin's camera, although it's not evident from the photo who is holding the gun.

    Martin, a black 17-year-old, was shot to death by Zimmerman on Feb. 26, 2012, in Sanford, Fla., in a case that set off racial tensions around the country.

    Zimmerman, a former neighborhood watch volunteer of white and Hispanic descent, has pleaded not guilty, claiming he shot Martin in their gated community after Martin attacked him.

    In one of the text conversations, sent 12 days before his death, Martin tells a friend he has been suspended from school for fighting.

    "Why you not in school?" a text he receives asks.


    "Suspended."

    "I thought you was going out with ur friend," the reply says.

    "Naw my ol g say she dont want me home caus she think ima get in mo trouble," he texts back.

    Martin's texts also indicate he may have been curious about guns.

    "U gotta gun?" reads a text from Martin's phone, sent on Feb. 18, 2012, to a friend of his who was on the phone with him on the night of the shooting.

    "You want a 22 revolver" asks someone in a text he receives that day.

    Three days later, Martin mentioned a caliber of gun while asking a friend in another text, "U wanna share a .380 w.[redacted]?"

    Other texts released allude to problems Martin was having at home and with authorities. 

    "My mom just told me i gotta mov wit my dad," says one from Nov. 22, 2011. "She just kickd me out." 

    Later that day, a text says, "Da police caught me outta skool." 

    Marijuana references are scattered throughout the texts. Some of the newly released photos show Martin blowing smoke and what appear to be marijuana plants.

    Jeff Deen, a former assistant state attorney in Florida and the head of a state agency that represents criminal defendants, said that strict rules having to do with character evidence will likely make Martin’s texts and photos inadmissible at trial.

    “What does his mom saying he needs to live with his dad for a while say about why he was shot?  Nothing,” he said. “Generally, reputation evidence is not admissible in court.”

    But Mark O'Mara, the lead defense attorney for Zimmerman, said he will try to use the new evidence during Zimmerman's trial on June 10.

    But an attorney for Martin's family argued that the pretrial evidence release consisted of "irrelevant red herrings."

    "Is the defense trying to prove Trayvon deserved to be killed by George Zimmerman because of the way he looked?" Benjamin Crump said in a statement on Thursday.

    "If so, this stereotypical and closed-minded thinking is the same mindset that caused George Zimmerman to get out of his car and pursue Trayvon, an unarmed kid who he didn't know. The pretrial release of these irrelevant red herrings is a desperate and pathetic attempt by the defense to pollute and sway the jury pool."

    Martin’s death spurred a national conversation about guns and Florida’s expansive “Stand Your Ground” self-defense law, which allows people to use deadly force if they believe they are in danger of being injured or killed.  In April, Zimmerman waived his right to a pre-trial “Stand Your Ground” immunity hearing, guaranteeing his June trial before a jury.

    On Thursday evening, Zimmerman's defense team also filed a request for a delay in the trial.

    Editor's note: George Zimmerman has sued NBCUniversal for defamation, and the company has strongly denied his allegations.

     

  • Zimmerman gambles by waiving 'stand your ground' hearing before trial

    George Zimmerman, the defendant in the murder of Trayvon Martin, waived his right to seek immunity under Florida's "stand your ground" self-defense law before his June trial. NBC's Kerry Sanders reports.

    By Erin McClam, Staff Writer, NBC News

    By choosing not to invoke the Florida law known as “stand your ground” before his trial, George Zimmerman took a gamble — passing up the chance to have a judge dismiss his second-degree murder charge before it ever gets before a jury.

    His lawyers said they want a jury to decide the case, concerning the shooting death of unarmed black teenager Trayvon Martin last year, because it has taken on enormous national significance.

    But one legal expert said the move was carefully calibrated in another way, too.

    Under the law, which broadens the right to self-defense for people who feel threatened outside their homes, a defendant can ask the judge to grant criminal immunity before a case goes to trial. Zimmerman had that chance Tuesday and declined it.


    The risk in pursuing immunity at this point, NBC News legal analyst Kendall Coffey said, is that Zimmerman could have lost before the judge, creating a strike against him in the minds of potential jurors who are following the case. And in the Trayvon Martin case, which goes to trial June 10, finding an impartial jury will be a monumental task as it is.

    Zimmerman’s lawyers said it could take as long as three weeks.

    “There would be considerable risk that, no matter how you tried to deal with it during jury selection, you’d get some jurors that would know that the judge had already rejected the self-defense claim,” said Coffey, a former federal prosecutor.

    The decision not to ask for an immunity hearing, which Zimmerman announced while standing in a Sanford, Fla., courtroom and answering Judge Debra Nelson in a soft-spoken voice, applies only before trial.Coffey still expects “stand your ground” to be the linchpin of Zimmerman’s defense once the trial begins.

    The law says people do not have to retreat if they believe they are in imminent danger of being killed or badly injured outside their homes.

    Zimmerman maintains he was acting in self-defense on Feb. 26, 2012, when he shot Martin to death, and he has pleaded not guilty. He says Martin, 17, attacked him first. The case made national news and inflamed racial tensions. Zimmerman is a former neighborhood watch volunteer of white and Hispanic descent.

    Joe Burbank / Pool / Reuters

    George Zimmerman, defendant in the killing of Trayvon Martin, stands in court in Sanford, Fla., with his attorney Mark O'Mara.

    Mark O’Mara, a lawyer for Zimmerman, told reporters that not seeking immunity was “a tactical decision” but said the main reason was that the case has become about much more than what happened that night.

    “George wants this case before a jury of his peers. That’s where he’s going to get acquitted,” O’Mara told reporters after the hearing. “Then maybe the country will listen to that better than they would listen to a judge.”

    Prosecutors had urged the judge to demand an answer from Zimmerman on whether he would waive the right to a “stand your ground” hearing before trial. Lawyers for Martin’s family said after the hearing that they were pleased because it’s clear that the case is moving toward trial.

    The defense could even try for immunity under “stand your ground” after a criminal conviction. But asking a judge to overturn a jury’s guilty verdict would be a long shot, Coffey said.

    Already, there are signs of skirmishes between the two sides in the criminal case. The defense says prosecutors have hidden information and caused unnecessary delays in the evidence-swapping portion of pretrial motions known as discovery.

    And the judge scolded lawyers for the state and the defense Tuesday after O’Mara complained about a pretrial motion in which prosecutors said the lead defense attorney “courts anything resembling a microphone or camera.”

    Assistant State Attorney Bernie de la Rionda said the motion speaks for itself. O’Mara said the high public interest in the case means lawyers should be on their best behavior, to add credibility to whatever the verdict is.

    The judge declined to strike the personal remarks from the record but warned both sides that unprofessional behavior by lawyers “will not be tolerated in the future.”

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

     

     

     

    This story was originally published on Tue Apr 30, 2013 4:48 PM EDT

  • Zimmerman waives 'stand your ground' defense -- for now

    George Zimmerman, the defendant in the murder of Trayvon Martin, waived his right to seek immunity today under Florida's "stand your ground" self-defense law before his June trial. NBC's Kerry Sanders reports.

    By Erin McClam, Staff Writer, NBC News

    George Zimmerman, charged with second-degree murder in the shooting death of unarmed black teenager Trayvon Martin, waived his right Tuesday to seek immunity under Florida’s “stand your ground” self-defense law before his June trial.


    His lawyers have said they may seek immunity later. 

    Zimmerman, who has pleaded not guilty, is a former neighborhood watch volunteer of white and Hispanic descent who has maintained he shot Martin on Feb. 26, 2012, in self-defense after Martin attacked him.

    The “stand your ground” law says people do not have to retreat if they believe they are in imminent danger of being killed or badly injured.

    Kendall Coffey, a former federal prosecutor in Florida and an NBC News legal analyst, said before the hearing that it would be “very strategic” for the defense to waive the “stand your ground” hearing before trial.

    “That way, they’re not going to have to show all their cards, and they avoid the risk that a judge might reject the self-defense claim,” he told TODAY.

    Speaking softly and answering questions from the judge, Zimmerman said he understood and consented to his lawyers’ decision not to seek a hearing on immunity before the case goes to trial.

    The judge, Debra Nelson of Florida circuit court, did not address with Zimmerman whether he might seek immunity during the trial itself.

    Mark O’Mara, a lawyer for Zimmerman, complained to judge about what he described as insults and attacks in a pretrial motion of the prosecution. He asked the judge to strike that motion from the court record.

    The judge declined but warned both sides that unprofessional behavior by lawyers “will not be tolerated in the future.”

    Alluding to intense public interest in the case, O’Mara said the lawyers on both sides should be at their best.

    “This is where people are going to think the criminal justice system works or not,” he said. “We’re going to have a verdict in this case, and that verdict has to be believed by everybody who hears about it, good or bad.”

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

    This story was originally published on Tue Apr 30, 2013 9:12 AM EDT

  • Zimmerman won't seek 'Stand Your Ground' hearing in April

    Pool / Reuters

    George Zimmerman arrives with his lead counsel, Mark O'Mara, left, for a hearing in Seminole Circuit Court in Sanford, Fla.

    By Jeff Black, Staff Writer, NBC News

    George Zimmerman won’t seek criminal immunity next month under Florida’s “Stand Your Ground” law in the shooting death of unarmed black teen Trayvon Martin and instead will likely let a jury decide his fate.

    Meanwhile, his defense team has revealed the ordeal has led Zimmerman to pack on more than 100 pounds.

    In court on Tuesday, defense attorney Mark O’Mara waived his right to use court time set aside for an immunity hearing, NBC station WESH reported. In that hearing a judge could have quickly cleared Zimmerman of any criminal liability under Florida law that allows lethal force for personal protection.

    Zimmerman, a former neighborhood watch volunteer of white and Hispanic descent, has maintained he shot Martin on Feb. 26, 2012 in self-defense after Martin attacked him. He has pleaded not guilty to the second-degree murder charge.

    O’Mara said outside Seminole County Courthouse on Tuesday that Zimmerman believes it would be a better outcome to be found not guilty of murdering Martin, rather than being granted immunity, WESH reported.

    “George wants a jury of his peers to decide the case,” O’Mara said. “It’s going to be, I think, a more accepted result for everyone who has to result that he gets an acquittal at trial even more so than immunity hearing by a judge.”

    Zimmerman has not been seen in public since he was released on bail last July.

    “George is doing as well as can be expected,” Sean Vincent, spokesman for Zimmerman’s defense team, told NBC News. “He is in hiding and has gained 105 pounds,” putting him in the “ballpark” of 300 pounds. “Everyone deals with stress differently,” Vincent said.

    Vincent said that releasing the court dates doesn’t waive any rights Zimmerman has to have an immunity hearing, and indeed the defense may raise “Stand Your Ground” claims at trial. In addition, Zimmerman could seek immunity from civil claims at a later date.

    “By entertaining the option of not having an immunity hearing before trial, George preserves the option of having a civil immunity hearing should he need it in the future,” Vincent said.

    Bernie de la Rionda, lead prosecutor, said he was "bewildered" by O'Mara's move but didn't elaborate.

    The Zimmerman case ignited an emotional debate over race and gun rights in the weeks after Martin's death. Local police initially did not charge Zimmerman with any crime, which ignited protests. He was later charged by special state prosecutor Angela Corey following an investigation.

    Last week, a number of demonstration and memorials took place to mark the anniversary of Martin’s death.

    Also on Tuesday, the prosecution revealed that one of their witnesses, identified as Martin's girlfriend, or Witness 8, did not tell the truth when she said she was in the hospital on the day of Martin's funeral because of trauma.

    The defense wanted medical records from the hospital — but the state admitted no such records existed because the woman was never at the hospital that day.

    She is a key witness because she said was on the phone with Martin on the night of his death and provided key details about what took place.

    A trial is scheduled to begin on June 10. 

    Lisa Lampkin contributed to this story

    Editor's note: George Zimmerman has sued NBCUniversal for defamation, and the company has strongly denied his allegations.


  • A year after killing, Trayvon Martin's father says parents will 'never move on'

    Keith Bedford / Reuters

    Tracy Martin (L) and Sybrina Fulton, the parents of Trayvon Martin, participate in a candle light vigil to mark the anniversary of the shooting death of their son in New York, February 26, 2013.

    By Erin McClam and Andrew Rafferty, NBC News

    The father of Trayvon Martin, the unarmed black teenager shot to death in Florida last year, said Tuesday that the family will “never move on” and will fight to make sure his memory “won’t be tainted by this whole situation.”

    On the anniversary of his son’s killing, Tracy Martin also said that lawmakers across the country must take a hard look at gun laws and who should get gun permits. He cited not just his son’s death but the elementary-school massacre in Newtown, Conn.

    “Why would you need a semiautomatic weapon to be hunting? That’s senseless,” Tracy Martin said on MSNBC.

    Trayvon Martin in an undated handout photo released by the Martin family.

    George Zimmerman, a former neighborhood watch volunteer, is charged with second-degree murder in Martin’s death. Zimmerman, who is of white and Hispanic descent, has pleaded not guilty and says he shot Martin in self-defense after Martin attacked him.

    The case ignited a debate over race and gun rights in the weeks after the shooting. It became a rallying point for activists protesting what they said was the targeting of an unarmed black youth because of his race.

    Zimmerman’s trial is scheduled to begin June 10.

    Various demonstrations and memorials took place Tuesday night to mark the first anniversary of Martin’s death.

    MSNBC's Thomas Roberts talks to Sybrina Fulton and Tracy Martin, parents of Trayvon Martin, and their attorneys Benjamin Crump and Darryl Parks.

    Hundreds joined Martin’s parents for a candlelight vigil in New York City as part of what they called a “Million Hoodie March” — because Martin was wearing a hoodie the night he was killed.

    "We are all Trayvon Martin," demonstrators chanted as they gathered in the city’s famed Union Square.

    In the Orlando suburb of Sanford, Fla., where the incident occurred, a moment of silence was held at 7:15 p.m., the time Martin was killed.


    The vigil there was organized by Geri Hepburn, a white parent whose son became politically active after the shooting became a focal point of the nation.

    "I figure it's a lifelong thing," Hepburn told Reuters.

    Tracy Martin said on MSNBC that “as parents of a slain child, we never move on. And we’ll do our best to keep it in the media and to keep people’s attention.”

    He added: “We don’t expect Trayvon to be the top story every day. He’s definitely the top story in our life. We took a vow to make sure that his honor and his legacy won’t be tainted by this whole situation.”

    Martin’s mother, Sybrina Fulton, said that the family is holding up “fairly well” and relying on one another.

    “It’s been a somber year, a sad year, a year I won’t soon forget,” said Tracy Martin.

    Editor's note: George Zimmerman has sued NBCUniversal for defamation, and the company has strongly denied his allegations.

    The Grio's Joy Reid and Lehigh University's Dr. James Peterson examine how the shooting of Trayvon Martin, one year ago today, not only jumpstarted the national conversation on racial profiling – but also on the nation's gun laws.

    This story was originally published on Tue Feb 26, 2013 8:38 PM EST

  • Judge denies George Zimmerman request to delay trial in Trayvon Martin case

    Joe Burbank / Reuters

    George Zimmerman arrives with his lead counsel, Mark O'Mara, left, for a hearing in Seminole circuit court in Sanford, Fla., on Feb. 5.

    By Willard Shepard, NBCMiami.com

    A judge in the case of a former neighborhood watch leader accused of shooting Florida teenager Trayvon Martin denied a request by defense attorneys to delay the trial Tuesday.


    George Zimmerman's attorneys presented a motion Tuesday asking Judge Debra Nelson to push the trial from mid-June back to November because they say the prosecutor has been slow to turn over needed evidence. The state attorney has denied the accusation.

    Nelson denied the motion and said the trial will begin on June 10. She noted that Zimmerman's lead attorney has been on the case for nearly a year and a half and said the problems he's having getting evidence are not insurmountable.

    Zimmerman's attorney, Mark O'Mara, said he wants to try the case in June but also wants to do it the right way.

    "I will call my wife as an expert witness that I want this case tried in June," O'Mara said Tuesday. "There is no benefit to the defense team, there is certainly no benefit to Mr. Zimmerman and there is no benefit to the Martin family to keep this case going.  I am very sensitive to that, but the reality is we have to try it once."

    Prosecutor Bernie de la Rionda argued that the amount of preparation for the case is the result of Zimmerman's attorneys.

    "I have never had a case, at least here in central Florida, as a normal thing where the defense creates their own website, creates their own Facebook , creates their own Twitter and just publishes stuff out there, encourages discussion among various groups," de la Rionda said. "I find it ironic that the defense complains they are now having to address all these issues, that with all due respect to the defense, they helped create."
     
    Zimmerman is claiming he acted in self-defense in shooting Martin last year and has pleaded not guilty to second-degree murder.

    Tuesday also happens to be what would have been Martin's 18th birthday, and his parents plan to celebrate the occasion with events throughout the week.

    Community leaders and college students said a prayer and sang "Happy Birthday" before Tuesday's hearing in Sanford, and community leaders will be holding a "Banding Together for Peace" event later in the day.

    On Saturday, Martin's parents will hold a "Peace Walk" at 10 a.m. at Ives Estate Park in Miami. On Sunday, they will hold a "remembrance dinner" at 5 p.m. at the DoubleTree Miami Airport Hotel. All of the proceeds for the event will go to the Trayvon Martin Foundation.

    Related stories from NBCMiami.com

     


     


  • George Zimmerman out of money, needs donations, attorneys say

    Joe Burbank / Pool via Orlando Sentinel/AP

    George Zimmerman, left, sits with defense counsel at the Seminole County courthouse Tuesday in Sanford, Fla., on Dec. 11, 2012.

    By Jeff Black, Staff Writer, NBC News

    George Zimmerman is running out of money to pay for his legal defense, his lawyers say on a website set up to solicit donations.


    Zimmerman, a former neighborhood watch volunteer, is charged with second-degree murder in the shooting death of Trayvon Martin, an unarmed black teenager, on Feb. 26, 2012, in Sanford, Fla. He has pleaded not guilty.

    On Wednesday, Mark O’Mara’s firm, which runs the website GZDefenseFund.com, tweeted that there was an update to the site. In the update, the lawyers say they are preparing for a hearing on Zimmerman’s self-defense claim, possibly in April, but need money in order to pay legal expenses.

    “The State has virtually unlimited resources to prosecute George,” the site reads. “To finance his defense, however, George relies on the generosity of individuals who believe he is innocent.”

    “As we prepare for an (sic) Self-Defense Immunity Hearing or a trial, the cold fact is that we must raise more money,” the website reads. “Our goal is to raise $30,000 per month. This represents the minimum we calculate we need to conduct the defense George deserves, and this figure does not include any attorney's fees.”

    The lawyers say on the website that as of a month ago more than $300,000 has been raised to pay for Zimmerman’s defense, but also say that when O’Mara first took the case last year, many legal analysts predicted the defense would cost more than $1 million.  The attorneys say neither O’Mara nor his co-counsel Mark West has been paid for their services.

    This is how the, $314,099.07 raised by the defense fund has been spent, according to the site:

    • Bail bond - $95,000
    • Household/living expenses - $61,747.54
    • Security - $56,100.00
    • Law firm support and infrastructure - $40,647.64
    • Case-related expenses - $35,588.07
    • PayPal and fund management fees - $7,924.22
    • Other expenses - $3,201.04

    The site solicits donations via PayPal, credit card or check. The O’Mara Law Group in Orlando is the site’s registered owner. Zimmerman set up a website of his own to solicit money on April 8, 2012, but stopped taking donations when O’Mara launched gzdefensefund.com on April 23, 2012.

    The Zimmerman case ignited an emotional debate over race and gun rights in the weeks after Martin's death. Local police initially did not charge Zimmerman, fueling protests, and Zimmerman was later charged by special state prosecutor Angela Corey following an investigation.

    Zimmerman, who is of white and Hispanic descent, has pleaded not guilty to the murder charge. He says he shot Martin in self-defense after Martin attacked him. He is free on bail.

    “It’s not unusual in high-profile cases for there to be a defense fund,” Derek Byrd, president of the Florida Association of Criminal Defense Lawyers told NBC News. “In the the old days people would go knocking on neighbors’ doors or ask friends. Today, with social media – Twitter, Facebook, websites – you can see where people would use them to reach a bigger audience.”

    Byrd agreed with O’Mara that prosecutors can tap more resources for their case. He said defense attorneys have large expenses to hire experts, transcribe depositions and other related expenses.

    E-mails sent to O'Mara's law firm were not returned, and repeated attempts to call his office phone met with a busy signal. E-mails and phone messages sent to prosecutor Corey were also unanswered.

     

  • Florida judge rejects Zimmerman request to remove GPS monitor

    A Florida judge struck down George Zimmerman's plea to be removed from GPS monitoring while he remains free on bond awaiting trial in the shooting death of Trayvon Martin.

    By NBC News staff and wire services

    A Florida judge denied a motion Tuesday to allow George Zimmerman to remove his GPS monitoring device and allow him to travel or live outside Seminole County, Fla.


    Zimmerman, 29, has been confined to Seminole County under a $1 million bond since July, when a judge concluded that Zimmerman provided false information about his assets and was a flight risk.

    The defense said that due to the high-profile nature of his case, Zimmerman has been forced to live in hiding. If he were allowed to move, he could possibly live more openly, his attorney argued.

    “He shouldn’t have to be in hiding,” attorney Mark O’Mara said.

    O'Mara argued that the restrictions on Zimmerman made it difficult for him to meet with his defense team, expert witnesses and investigators.

    Prosecutor Bernie de la Rionda opposed the motion, suggesting that Zimmerman had voluntarily brought himself to the media’s attention. He added, sarcastically, that the defendant had come to court to “sign autographs.”

    The next hearing has not been definitively scheduled, but it could be between early January and March.

    A former neighborhood watch volunteer, Zimmerman is charged with second-degree murder in connection with the killing of unarmed teenager Trayvon Martin.

    He has pleaded not guilty, claiming self-defense under Florida's "stand your ground" law.

    Zimmerman, who is of Latino descent, is charged with shooting and killing Martin, 17, who was African-American, on Feb. 26 in Sanford. He faces trial June 10. The case became a rallying point for activists protesting what they said was the targeting of an unarmed black youth because of his race.

    Pool via Orlando Sentinel/AP

    George Zimmerman, left, sits with defense counsel at the Seminole County courthouse Tuesday in Sanford, Fla.

    Reuters contributed to this report.

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  • George Zimmerman sues NBCUniversal over editing of emergency call in Trayvon Martin shooting

    By NBC News

    George Zimmerman, the neighborhood watch volunteer charged with second-degree murder in connection with the killing of unarmed teenager Trayvon Martin in Florida, sued the parent company of NBC News on Thursday, alleging that the network intentionally edited reports on the case to depict Zimmerman as a "racist and predatory villain."

    Zimmerman, who is of Latino origin, is charged with shooting and killing Martin, 17, who was African-American, on Feb. 26 in Sanford, Fla. He faces trial on a second-degree murder charge next spring. The case became a rallying point for activists protesting what they said was the targeting of an unarmed black youth because of his race. The lawsuit, filed Thursday in Seminole County, Fla., Circuit Court against NBCUniversal Media, alleges defamation and intentional infliction of emotional distress.

    NBCUniversal Media, which owns NBC News, said in a statement Thursday: "We strongly disagree with the accusations made in the complaint. There was no intent to portray Mr. Zimmerman unfairly. We intend to vigorously defend our position in court."

    The lawsuit alleges that in reports aired in March the network intentionally misrepresented audio of Zimmerman's call to a police dispatcher on the night of the shooting, leaving viewers with the impression that Zimmerman was "motivated by racial stereotypes." The goal, the lawsuit alleged, was to "exploit the national attention surrounding this tragic situation" for ratings.

    The lawsuit alleges that in the first report, on March 19, the call was intentionally edited to make it sound as though Zimmerman had volunteered the information that Martin was black, when he actually was responding to the operator's question about Martin's race, which was omitted. A similar report ran March 27, it said.

    On March 20, the lawsuit alleges, the network incorrectly and intentionally stated Zimmerman used a racial epithet on the call.

    In a statement on April 3, NBCUniversal Media apologized for the editing of the call, calling it an "error" that it "deeply regrets."

    It dismissed three employees of the network and a local NBC station, according to published reports. Two of them are named in the lawsuit as defendants, along with NBC News' Ron Allen, the on-air correspondent for the March 20 report.

    Attorneys for Zimmerman didn't immediately respond to requests for comment. But in the suit, they alleged that the apology was "bogus" and that NBCUniversal has "failed to broadcast an earnest and legitimate apology, retraction or correction."

    The suit seeks unspecified damages and a jury trial.

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  • Defense posts George Zimmerman photo from night of Trayvon Martin shooting

    Provided by gzlegalcase.com

    George Zimmerman's defense team on Monday posted this photo online, which was taken by a police officer on the night of Feb. 26, 2012.

    By NBC News staff and wire services

    The defense team for George Zimmerman on Monday posted a high-resolution color photo of the Florida neighborhood watch leader taken by police the night 17-year-old Trayvon Martin was fatally shot.


    The Feb. 26 photo, which was previously released as a black-and-white photocopy, was provided as a high-resolution digital file to the defense on Oct. 29.

    The shooting took place when Zimmerman encountered Martin, who was unarmed and walking through the Sanford, Fla., neighborhood where his father lives.

    Earlier this year, Zimmerman, now 29, pleaded not guilty to a charge of second-degree murder in the shooting death of Martin. In the highly publicized case, which has drawn national attention, Zimmerman maintains that Martin attacked and beat him. In July, he was released from Seminole County Jail after posting $1 million bond. Zimmerman remains out on bail and is in seclusion.

    Martin's family has called for a change in Florida's "Stand Your Ground" law, which allows the use of force in self-defense, when there is a reasonable belief of an unlawful threat.

    Zimmerman's lawyers posted the following statement about the photo:

    "This is a photo of George Zimmerman taken by a police officer on the night of February 26, 2012. A black and white photocopy of this image was provided by the State in the first Discovery. This high-resolution digital file was finally provided to the defense on October 29, 2012. This image was disclosed in the State's 9th Supplemental Discovery.  In accordance with the updates to our media policy that we published on November 13, we will be making all public documents related to the case available on our website, including the rest of the State's 9th Supplemental Discovery as soon as we are sure it has been properly redacted according the the Court's stipulations on protecting information regarding specific witnesses."

    A spokesperson for the office of Special Prosecutor Angela Corey did not immediately respond to an email request for comment Monday.

    Benjamin Crump, an attorney for the Martin family, told NBC News the photo is not new evidence –- just a color version of a photograph that has already been seen.

    “George Zimmerman profiled and pursued Trayvon,” Crump said. “Trayvon had every right to stand his ground.”

    In a video clip from Feb. 27, 2012, released by his attorney, George Zimmerman takes investigators back to the scene of his shooting of Trayvon Martin. (George Zimmerman featured at 2:15)

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  • Zimmerman murder case: Judge denies request for gag order

    Pool / REUTERS

    George Zimmerman walks into court with attorney Mark O'Mara in Sanford, Fla. on Monday.

    By NBC News staff

    A Florida judge has denied a prosecutor’s request for a gag order to prevent George Zimmerman’s attorney from posting documents and other information online.

    Zimmerman, 29, a former neighborhood watch volunteer, has pleaded not guilty to second-degree murder in the fatal shooting of unarmed teen Trayvon Martin, 17, inside a gated community in Sanford, Fla., on Feb. 26.

    Zimmerman claims he shot Martin in self-defense.

    In her two-page order Monday, Circuit Court Judge Debra Nelson wrote that she found no "overriding pattern of prejudicial commentary" and noted that a dozen media companies that had opposed the order were right when they argued that the state had failed to demonstrate prejudice.

    Assistant State Attorney Bernie de la Rionda had argued that Zimmerman’s lawyer, Mark O’Mara, has used a website set up to assist Zimmerman and social media sites such as Facebook and Twitter to publicly discuss the case, potentially tainting jurors.

    O’Mara denied the prosecutor's claims, saying Zimmerman has faced a “tidal wave” of inaccurate information.

    It was the second time de la Rionda had requested a gag order in the case.

    Zimmerman's case attracted national media interest and outrage from critics because police initially declined to arrest him. He is currently free on a $1 million bond and living in an undisclosed location near Sanford awaiting his trial, which is due to begin June 10.

    Zimmerman's father is white and his mother is Peruvian; Martin was black.

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  • Judge rules Zimmerman lawyers can access Trayvon Martin's school records

    The parents of Trayvon Martin responded to George Zimmerman's defense team's request to release their son's school records, saying they "shouldn't make dead children seem as though they are the perpetrator."

    By Kari Huus, NBC News

     

    Updated at 3:40 p.m. ET: A judge ruled on Friday that attorneys for George Zimmerman, the neighborhood watch leader charged with second-degree murder in the shooting death of Trayvon Martin, can have access to the dead teen's school records and social media accounts.


    Circuit Judge Debra Nelson, who is the new presiding judge in this highly publicized and emotional case, said that Zimmerman's attorneys can subpoena Trayvon Martin's schools for his discipline records but must keep anything they obtain private.

    "I think that you're entitled to those records," Nelson said during the hearing at the Seminole County Courthouse in Sanford, Fla.

    The judge also granted Zimmerman's request to subpoena Trayvon's social media records, which were removed from the Internet after his death, as well as those of a girl who says she was on the phone with him before the shooting.

     

    Before the proceedings started, Martin's family held a news conference that took a preemptive strike against the subpoena of those records.

    "We think it’s a terrible precedent to set," said attorney Ben Crump, who held a press conference with Trayvon Martin’s parents, Tracy Martin and Sybrina Fulton. "Why is it relevant about his school records or his Facebook page? George Zimmerman knew none of that on Feb. 26 when he claimed Trayvon's life."

    The shooting took place when Zimmerman encountered Martin, 17, who was unarmed and walking through the Sanford neighborhood where his father lives.

    Zimmerman, 29, has pleaded not guilty and is set to face trial June 10, 2013. He remains out on bail and is in seclusion.

    Zimmerman appeared in court wearing a suit and tie, and he sat quietly while his attorney Mark O’Mara made his case for access to the records.

    O’Mara said the defense wants the Twitter and Facebook accounts "in their entirety" of Martin as well as a witness — a girl who was on the phone with him when he encountered Zimmerman. The girl was not named because she is a juvenile.

    O’Mara conceded that it "sounds horrible" to evaluate the reputation of the shooting victim, but he said that the records were crucial to showing that his client did not act with "ill will or hatred" of Martin.

    "The issue in this case is who did what during those couple of minutes that we don’t know what happened," O'Mara said. 

    Zimmerman maintains that Martin attacked him and beat him.

    O’Mara told the judge that although the Facebook and Twitter accounts had been removed from the Internet, he has been able to access — though not authenticate — enough of the social media accounts to demonstrate that "that information could be very, very relevant to my defense."

    Benjamin Crump, attorney for Trayvon Martin's parents, speaks to reporters prior to a hearing on whether the court will allow the teen's school records to be included in a trial of his shooter George Zimmerman. Crump is flanked by Trayvon's father Tracy Martin, left, and his mother Sybrina Fulton.

    Crump, the attorney for Martin's family, said that if the court calls for the release of Martin's school records and social media postings, the family would demand the release of Zimmerman’s medical records, which he argued were far more relevant to finding out what happened on the night of Martin's killing.

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    "If this was your child who was shot and killed, wouldn't you want to know … if there were drugs that influenced (the shooter’s) judgment or decision making?" he said.

    On Friday, Judge Nelson did grant a prosecution request for Zimmerman's medical records, though she said she will review the medical records first to decide whether anything should be withheld.

    This was the first hearing in the highly publicized case to come before Nelson, who replaced the previous judge, Kenneth Lester, in August after a judicial panel found that Lester had begun to form opinions about Zimmerman that could affect his impartiality.

    Martin's family also announced the establishment of a Change for Trayvon committee that will press for a change in Florida's "Stand Your Ground" law, which could be used in Zimmerman’s defense. That law allows use of force in self-defense when there is a reasonable belief of an unlawful threat.

    Martin's parents said they want the wording of the law to state that someone cannot instigate a fight and then claim self-defense.

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