In a hearing outside of the jury’s presence, attorneys in the George Zimmerman trial made arguments about whether jurors should see the defense’s 3D recreation of the altercation between the neighborhood watch captain and Trayvon Martin. The defense also wants jurors to hear about Martin's text messages, which reportedly show he had been in fights and was trying to purchase a gun.
The judge recessed court right before 10 p.m. ET, saying she would wait until Wednesday morning to make decisions on both of these issues. Defense attorney Don West vented his frustration as the judge left the bench, saying he was having trouble keeping up with the long hours and fast-paced schedule of the trial.
"I'm not physically able to keep up this pace much longer," West said. "It's 10 o'clock at night. We started this morning. We've had full days every day, weekends, depositions at night."
Animator Daniel Schumaker said he uses crime scene evidence and the same motion capture technology used in movies like “Iron Man” to design his digital re-creations of alleged crimes. The defense said Schumaker’s computer animation would help the jury understand how the confrontation between Martin and Zimmerman unfolded. The prosecution argued the animated re-enactment makes assumptions, and it’s not based on evidence in the case.
"To have an animation that goes back to the jury room that they can play over and over again... gives a certain weight to something that this court is not particularly certain comports with the evidence presented at the trial," said Judge Debra Nelson. Nelson said she wanted to read the case law and wait until Wednesday before making her ruling on the animation’s admissibility.
The hearing, which went so late that the courtroom lights set on an automatic timer went out, continued Tuesday evening after testimony had wrapped for the day. The defense even had to ask the judge to extend Zimmerman's curfew, which is set for 10 p.m. ET. Zimmerman’s defense team told the judge that it plans to rest its case sometime on Wednesday.
INTERACTIVE TIMELINE: The George Zimmerman Case
Earlier on Tuesday, a forensic pathologist testified for the defense, describing Martin's traumatic last moments alive as he bled to death in the grass after being shot at close range.
"If he was involved in a struggle, you expect his heart to be going, beating -- especially after he had been shot -- more than 100 times a minute," said Dr. Vincent Di Maio, adding that the way Martin died supports Zimmerman’s version of the shooting.
Zimmerman, who’s on trial for second-degree murder in Martin’s death, appeared to be paying close attention during the testimony. Tracy Martin, the victim’s father, was in attendance but didn’t show much emotion as he heard the details of how his son may have died. Trayvon Martin’s mother, Sybrina Fulton, was not in attendance.
Di Maio said, given that the entry point of the bullet was a “contact wound” -- meaning at close range -- Trayvon Martin never had a chance. "In this case, you have a through-and-through hole of the right ventricle, and then you have at least one hole, if not two, into the right lung. So you are losing blood, and every time the heart contracts, it pumps blood out the two holes in the ventricle and at least one hole in the lung."
Di Maio also said Martin's gunshot wound indicates the gun was up against the teen’s clothing, about 2 to 4 inches away from the skin. He also said the weight of the canned drink in Martin's hoodie pocket may have been pulling his clothing away from his body by a few inches if Martin was on top of Zimmerman, as the former neighborhood watch captain has claimed.
In any event, "He is going to be dead between 1 and 3 minutes after being shot," said Di Maio.
Martin, 17, had been walking through the Retreat at Twin Lakes -- the gated community in Sanford, Florida, where Zimmerman lived -- on February 26, 2012, when the two got into a physical altercation. Zimmerman told the police he shot Martin in self-defense while holding the gun in his right hand at point-blank range. He said the teenager was on top of him at the time. Di Maio said the medical evidence is consistent with how Zimmerman has described shooting the teenager.
Di Maio explained to the jury Tuesday that Martin may have lost consciousness between 10 and 15 seconds after being shot, and may have been able to talk or make voluntary movement during those last seconds. This appears to support Zimmerman's claim that Martin said, "You got me," after being shot.
Protests were held around the country when it appeared Zimmerman wasn’t going to be arrested for Martin’s death. Zimmerman was eventually charged with second-degree murder in April of 2012. The case has reinvigorated national conversations about race, racial profiling and self-defense laws.
Sanford City Manager Norton Bonaparte was also called to the stand Tuesday to discuss how several tapes from the case were played for Martin’s family. He said they were about to be released to the public, so they were played for the family first as a courtesy. Bonaparte also said the family didn’t want law enforcement present at the meeting, which wasn’t recorded on audio or video.
Eloise Dilligard, Zimmerman’s neighbor, testified via webcam and placed Zimmerman’s truck “down by where the crime scene was,” near a curb. She also identified the screams heard on the 911 call made by a neighbor.
"I heard the voice screaming in the background and of the two that we are discussing... I only heard George talk," testified Dilligard, who said she had known the defendant two and a half years at the time.
The attorneys have been asked to return to the courtroom at 9 a.m. ET to continue making legal arguments on other issues, outside of the jury’s presence.
HLN's live-blogging Zimmerman's trial. Click here for HLN's live blog of Monday's testimony. Read below for minute-by-minute updates:
9:58 a.m. ET: Court is in recess until 8 a.m. ET on Wednesday, when attorneys are expected to return and make more legal arguments outside the presence of jurors [NOTE: an email sent out later in the night by the court announced a new start time of 9 a.m. ET].
9:57 p.m. ET: West throws his hands up, saying the defense has the right to to present this evidence. The judge says she's recessing court and will make a decision in the morning. The defense says it's almost 10 p.m. but the judge insists she's recessing court. She walks off the bench as West continues to complain about keeping up this schedule of long nights and weekends.
9:54 p.m. ET: The judge says she has an "authentication issue" with the evidence the defense wants to introduce from Martin's phone. She reads case law stating that messages could be created by a third party. She said the messages don't have any identifying marks to show Martin sent them.
"Anybody could have picked up that phone and sent these text messages. A third party could have access to it," said the judge.
The defense says the phone had two passwords on it but the judge says any 7-year-old could probably get in because they do it every day.
9:47 p.m. ET: West says the attorneys shouldn't explain what the texts mean, "they are what they are" and jurors should see them for themselves.
9:44 p.m. ET: Prosecutor John Guy says West is telling a different story from what's in the text messages. He says no one knows what kind of fight it was or who Martin's opponent was. Guy also suggests the word "fight" could be a code for something else. He also says the date of the fight or fights is unknown and there's an authenticity issue.
9:36 p.m. ET: West points out that prosecutors introduced evidence that Zimmerman, according to medical records, had experience with MMA (mixed martial arts), so he wants Martin's history of fighting also introduced to jurors.
"This is clearly compelling evidence in support of Mr. Zimmerman's self-defense claim," said West.
9:34 p.m. ET: "The relative psychical abilities and capable abilities of the parties is relevant," said West. He argues that this includes knowledge and experience. "He had been in a fight, he knew how to fight," said West, referring to Martin.
9:28 p.m. ET: West says he's not ready to argue for the photo of the gun but he wants to focus on the evidence of fighting.
9:23 p.m. ET: Defense attorney West says Martin's friend who testified earlier, Rachel Jeantel, said in a deposition that Martin told her he knew how to fight, had been in a fight and had won a fight. The judge says she's ready to hear arguments from both sides on this matter. West asks the judge to extend Zimmerman's 10 p.m. curfew. She extends it to 30 minutes past court ending.
9:17 p.m. ET: Connor says an application hid certain photos from Martin's SIM card on the phone and also changed the extension of the files so other programs couldn't open them. The witness has been excused.
9:15 p.m. ET: The prosecution has finished its cross-examination. Defense attorney West asks Connor if the deleted texts had to deal with certain subjects like drug use and guns. Connors says yes.
9:09 p.m. ET: Prosecutor Mantei has begun his cross-examination. In most of the text messages about the gun, Martin was trying to buy a gun, according to Connor. In one set of text conversations, someone was asking Martin if he could sell him a gun. Connor says he wasn't present when the messages were typed but he says they all appear to be by the same person.
9:07 p.m. ET: Connor says pictures of a hand with a handgun were taken by Martin's phone. The defense has finished it's direct examination.
9:03 p.m. ET: In a Facebook message, Connor says a relative asked Martin when he was going to teach him how to fight.
9:01 p.m. ET: Connor says there was another text conversation that details the fight and he reads it out loud. Martin says the other guy had him on the ground for the first round.
8:57 p.m. ET: A conversation between Martin and a friend is being read by Connor. Martin says he was fighting because someone snitched on him. She asks him why he's always fighting. Martin tells her he lost the first round but won the second and third rounds. She tells him several times that he needs to stop fighting.
8:52 p.m. ET: Connor is describing how he extracts data and puts it into tables on a database.
8:47 p.m. ET: Connor says if you want to see these hidden messages, you would have to know which application to use and put in the passcode for the application. Connor says this passcode is in addition to the code needed to open the phone itself.
8:43 p.m. ET: There are text messages on the phone showing Martin had been in a fight, according to Connor. He also says these texts were stored in an application that is meant to hide text messages from the main database.
8:41 p.m. ET: Connor is looking at what he says appears to be a self-made photo of Martin. He's not sure what device was used to take the photo.
8:39 p.m. ET: Between February 18, 2012 and February 22, 2012, Connor says there were several sets of conversations on Martin's phone discussing the purchase of a firearm.
8:35 p.m. ET: There was a passcode on Martin's phone, according to Connor. He says he believes the phone would lock on its own after a certain period of time.
8:30 p.m. ET: Connor said there were text messages on Martin's phone and some were deleted. The data was still on the phone. He's explaining how information can remain on a phone even when it's deleted. Zimmerman has returned to the courtroom.
8:18 p.m. ET: Richard Connor has taken the stand. He was the person who analyzed the data on Trayvon Martin's phone.
8:16 p.m. ET: George Zimmerman has left the courtroom for Richard Connor's testimony.
8:07 p.m. ET: The defense is asking the judge to be allowed to bring in more exhibits, including pictures and text messages on Trayvon Martin's phone. The text messages describe a fight and pictures show a hand wrapped around a gun. Prosecutor John Guy said the texts and pictures should be inadmissible.
8 p.m. ET: The lights went out in court. The judge said the lights normally turn off in the courtroom after 8 p.m. The lights have been turned back on and the court is hearing another matter.
7:59 p.m. ET: The judge says she will not rule yet on whether she will allow Schumaker to testify. She expressed concern that admitting the computer animation into evidence, then the jury can take it back to the jury room and replay it like they can with the 911 call.
7:57 p.m. ET: The judge is letting the prosecutor continue with his argument, apologizing for cutting him off several times. She says they still have another issue to address after this one.
7:54 p.m. ET: "To have an animation that goes back to the jury room that they can play over and over again... gives a certain weight to something that this court is not particularly certain comports with the evidence presented at the trial," said the judge.
7:51 p.m. ET: The judge says she doesn't see how the animation is helping an expert to testify. She also says the jurors would be able to take the animation back with them and play it over and over again if it's admitted as an exhibit.
7:44 p.m. ET: Mantei says the conditions in the animation aren't close enough to the conditions on the night Martin was shot.
7:40 p.m. ET: The prosecutor is reviewing case law for the judge.
7:35 p.m. ET: Mantei questions Martin being shown using his left hand to punch Zimmerman since there's no foundation for that evidence. The judge says thus would be an error with the facts put in, not an error with the computer, which does what you tell it to do.
7:31 p.m. ET: "What we hear is they use it for the movies. Great. This is a murder trial. This isn't Casablanca," said Mantei.
7:29 p.m. ET: The judge interrupts Mantei, asking him the difference between the animation and Schumaker drawing a picture of what he believes happened. Mantei says he wouldn't have to be worried about whether or not the drawing is accurate. The judge asks what the prosecutor would say if the witness were allowed to use the animation as a demonstration, not an exhibit. Mantei says the witnesses who testified about the position of the bodies, Di Maio and others, have already testified and didn't need the animation. He also says he wouldn't mind if the defense used something like this for their closing argument.
7:25 p.m. ET: Mantei says Schumaker has never testified about what he wants to testify about in this case. "Nobody else in his entire industry does exactly what he does with the same methodologies and equipment," said Mantei.
7:22 p.m. ET: Prosecutor Mantei says the animation is a supposition wrapped in a riddle wrapped in an enigma.
7:18 p.m. ET: O'Mara says he believes the defense has presented an enormous amount of evidence that proves what is shown in the animation.
7:15 p.m. ET: O'Mara says the position of the animation is based off of what Lauer heard. The judge asks to see a still image of that position again, which O'Mara gives to her.
7:12 p.m. ET: The judge asks how the first position in the animation, where Martin approaches Zimmerman at the "T" in the sidewalk, could be based off of Lauer's testimony when she didn't see anything. The judge reads back her notes of Lauer's testimony where Lauer said she heard a combination of "pavement and grass" and grunting.
7:08 p.m. ET: The judge asks O'Mara where the evidence is that Martin was left-handed (the animation shows Martin hitting Zimmerman with his left hand). O'Mara says Martin hit Zimmerman with his left hand based on Zimmerman's account. The judge says Martin's mom testified earlier that her son was right-handed and there's no evidence Zimmerman was hit with Martin's left hand. O'Mara says the medical examiner said the punch came from the left side and that whether Martin was left-handed or not, the punch came from the left.
7:05 p.m. ET: Defense attorney O'Mara says this type of recreation has been admitted in several cases. He says Schumaker is up-to-date on the latest in his field, which he has been working in for many years. O'Mara also says Schumarker has never been excluded from a case as an expert. He says the animation is not perfect but it's an "accurate depiction" based on the evidence.
7:01 p.m. ET: Prosecutor Mantei wants to know whether you can tell the distance between Martin, the gun and the ground. Schumaker says the figures are to scale. "You're looking for something that's not in the video and expecting something that wasn't the purpose of the video," said Schumaker. He says the purpose is to show relative positions of one person to the other and Martin on top of Zimmerman.
The prosecutor has finished his questions and Schumaker has been excused.
6:55 p.m. ET: Prosecutor Mantei says Schumaker changed the positions of the figures to make it possible for the Zimmerman representation to be able to access his firearm.
"The gun had to be accessible -- that's common sense," said Schumaker.
6:53 p.m. ET: Defense attorney O'Mara has completed his questions and now prosecutor Mantei is asking Schumaker about the positions of the hips of the figures in the animation.
"Some of that was based on common sense," said Schumaker.
6:50 p.m. ET: Schumaker says he specifies sizes for the figures in the animation -- it doesn't matter that the actors weren't the exact heights of Zimmerman and Martin. Schumaker says Martin is about 6'2" in the animation including his shoes and hooded sweatshirt.
6:47 p.m. ET: "In this video, the focus wasn't on reconstruction of the lighting. It was more important to see the detail of what was going on in the video," said Schumaker. "I added rain to it... that was based on historic weather data that I received... I didn't add wind to this, it was 7 mph going northeast."
6:45 p.m. ET: O'Mara says the screen of the animation goes black until Lauer's 911 call finishes playing out.
6:42 p.m. ET: Schumaker says the final positions are not animated, but still images, just to show positions. He says Di Maio gave him the final position of Martin leaning over Zimmerman.
6:38 p.m. ET: O'Mara says Good was being used to authenticate the animation after the trial had already started. The judge says he's not an expert and that he was sequestered as a witness. She tells them to continue and O'Mara starts playing the animation again.
6:36 p.m. ET: O'Mara has continued questioning Schumaker who says he used the gunshot on Lauer's 911 and worked in reverse to include Good's point of view on the animation.
6:34 p.m. ET: O’Mara says Good connected to police at 7:17:15. He also says Lauer’s call connected at 7:16:11 and it’s 45 seconds into the call -- 17:16:56 – when you hear the gunshot. The judge wants to know where it is that Good says he viewed the altercation for 8-10 seconds. She says if you're going to put a 911 call over an animation that it has to be more accurate than not accurate. O'Mara says he wants to talk to Good but the judge says she doesn't want this hearing to go on forever.
"I'll stop taking and let you finish with your evidence and then make my comments," said the judge.
6:29 p.m. ET: The judge is reading back her notes on Good's earlier testimony. "The problem that I'm having... is the use of the Lauer 911 call in conjunction with Mr. Good's testimony. I don't understand where that timeline is coming from, based upon John Good's testimony," said the judge.
6:26 p.m. ET: The judge asks if Good's 911 call was used. Good said he heard the gunshot while he was dialing 911 and waiting for that call to connect.
"That's a known time, when he was calling," said the judge. "Did you use his 911 connection in doing the comparison?"
"I used his estimation from how long it took him to get up to make his call," said Schumaker.
6:22 p.m. ET: Schumaker says he used the timeline from the 911 call eyewitness Good and matched them up based on the gunshot.
6:20 p.m. ET: Defense attorney O'Mara is now playing the animation, showing Martin walk up to Zimmerman, punch him and then a white arrow showing the direction of their movement.
6:16 p.m. ET: Schumaker says he knows what direction Zimmerman and Martin moved in, but it's not defined how exactly they got there, that's why he just used an arrow to show the direction of their movement.
6:14 p.m. ET: "Is there an inherent estimation that exists in the entirety of your industry?" asked O'Mara.
"Correct, there's certain scenarios that you can create but there's not an infinite number of scenarios," said Schumaker.
6:12 p.m. ET: The position of Zimmerman's flashlight keychain was used by Schumaker to determine the direction of the altercation.
6:11 p.m. ET: Schumaker says he likes to begin creating an animation as soon as he can before a trial starts. The initial position of the altercation was based on Zimmerman's account, a police report and testimony from a neighbor who heard the altercation begin in that area.
6:08 p.m. ET: Schumaker says he will update his animation if new information is given to him. He says he modified the animation in this case, based on actual trial information.
"The whole purpose of it is to get as accurate as possible," said Schumaker.
6:04 p.m. ET: Prosecutor Mantei has completed his cross-examination. Defense attorney O'Mara is asking Schumaker about the range of the motion capture suits.
"It's the most accurate way of capturing a person's movements," said Schumaker.
6:02 p.m. ET: "It’s my reconstruction based on what I was given in discovery… putting the scene together with my actually being out there with the motion capture suits data and fine-tuning it with consultation with the attorneys. So it was something that was created based on evidence and testimony and written reports, not solely based on what an attorney told me to do," said Schumaker. He agrees that the testimony given in court was relayed to him "filtered" by the defense attorneys.
6:00 p.m. ET: "This is just portraying one person coming up and striking another person in that manner, with respect to their heights," said Schumaker.
5:59 p.m. ET: The speed of the figures is based on the speed the actual actors used when filming the animation, according to Schumaker. Mantei says he can't say for sure that the speed is accurate. Schumaker says this is how a "human would move" when swinging and hitting another person.
5:56 p.m. ET: Schumaker says the 3D software he used for the animation has been used by engineers and that he hasn't found any inaccuracies in the software. He says the software will get as accurate as you want it to for your purposes.
5:51 p.m. ET: Prosecutor Mantei says the placement of the figures in the animation is an estimation.
"It's not an estimation, it's a placement according to Dr. Di Maio," said Schumaker.
5:47 p.m. ET: The judge interrupts testimony to ask that the animation be put up on the screen.
"I'm really trying to follow the testimony and without looking specifically at each figure or position you're talking about... it would be helpful to the court if I had that in conjunction with the testimony," said the judge.
The attorneys are working on projecting an illustration from the animation.
5:44 p.m. ET: Prosecutor Mantei says Schumaker had no idea where the shell casing actually landed. Schumaker says the casing couldn't have been that far from Martin's body. He agrees with Mantei that many variables could affect where the casing lands and how it gets there.
5:41 p.m. ET: Schumaker says the figures were put in a specific place based on the position of the shell casing and the porch.
5:39 p.m. ET: It wasn't raining when the figures were filmed recreating the altercation, according to Schumaker.
5:36 p.m. ET: The gun wasn't included in the animation after Schumaker says he consulted about it with the defense attorneys. "That's not the purpose of the video," he said.
5:34 p.m. ET: Schumaker says he wasn't asked to keep the gun out of the animation. Mantei asks him if he's sure he didn't say that in the past and is now reviewing papers. He approaches Schumaker with his second deposition in the case, taken last Wednesday.
5:30 p.m. ET: Schumaker says Di Maio gave him the positioning of Martin over Zimmerman at the time of the shooting. Prosecutor Mantei says all of the distances are estimations and they vary. Schumaker says the purpose of the positioning wasn't to get specific measurements of the distance but "show who was on the top and who was on the bottom."
5:27 p.m. ET: Good exits the scene in the animation, according to Mantei, yet the figures are still seen involved in the altercation. Mantei wants to know which witness testified about seeing this part of the altercation. Schumaker says he spoke with the defense's witness, Dr. Di Maio, to get evidence as to what happened the moment Martin was shot.
5:23 p.m. ET: Mantei says Good was gone from view while Lauer was still on the phone. Schumaker says it was only seconds.
"It's estimation upon estimation upon estimation," said Mantei. He says the animation purports to be more accurate than the evidence.
5:20 p.m. ET: Prosecutor Mantei says Good didn't have a stopwatch and Schumaker agrees that Good's timing of his actions was just an estimation.
5:18 p.m. ET: Schumaker says the timing of the animation is based on the 911 call made by neighbor Jenna Lauer. He admits there's no in-court testimony showing John Good saw certain things while Jenna Lauer was saying certain things on the 911 call. He says Good was basing the timing of his actions off of the gunshot.
5:13 p.m. ET: Mantei says the animation has artificial lighting.
"It purports to show things even though you know it’s dark outside," said Mantei.
"Correct," said Schumaker, who also agrees that the lighting conditions in the animation aren't an accurate representation of the lighting conditions that night.
5:10 p.m. ET: A white arrow in the animation shows the two move in a certain direction, according to Mantei, but not exactly how they got there. Mantei says, "The animation can't show it because you have no idea how it actually happened." Schumaker agrees.
5:08 p.m. ET: Prosecutor Mantei says the animation shows two people walk up to each other -- not someone coming out of the darkness or jumping out of a bush.
5:06 p.m. ET: Prosecutor Mantei says one of the witnesses, Lauer, only heard where she thought the altercation started, she didn't see it. Schumaker says she "pinpointed" the location. Schumaker also says he wasn't allowed to watch the trial so he's not sure what testimony and evidence was put before jurors.
5:02 p.m. ET: Schumaker says he takes different pieces of evidence and puts it in perspective for the jury. He says he used courtroom testimony from Zimmerman's neighbors: Jennifer Lauer, John Good and Selma Mora.
4:59 p.m. ET: There have been two previous versions of the animation, which have been "adjusted for accuracy," according to Schumaker. He says he based the adjustments on what Zimmerman's attorneys told him witnesses said in court.
4:58 p.m. ET: Schumaker describes how the suits send information back to the computer to record movements.
4:56 p.m. ET: Two people were put in suits and told what to do, by Schumaker, to recreate the scene. The person who represented Zimmerman was about 5'8" and the person representing Martin was about 5'11" or 6', according to Schumaker. He doesn't really know their weight and says the length of their arms and legs was "average size" but he didn't measure.
"It's not really that important for the person that's wearing the suit to be the exact size of the person you're doing the movements for," said Schumaker.
4:53 p.m. ET: Schumaker says this would be the first time he would be testifying on this type of case, where the contact between the individuals is so close.
4:51 p.m. ET: Schumaker describes a case he worked on where an ex-police officer came up to the vehicle and shot the person in the vehicle. He says he had to determine each person's position when he was shot.
4:49 p.m. ET: "It’s very rare that I have film to be able to match the animation to the film," said Schumaker. He has testified in one other case that includes a fight. Most of the cases, he says, are shootings.
4:47 p.m. ET: Schumaker says he has testified in front of a jury in a criminal case 17 times. Whenever he testified in court, he says there has always been a pretrial hearing. About a dozen of those cases, according to Schumaker, involved recreations.
4:46 p.m. ET: The judge is on the bench and prosecutor Richard Mantei has started his cross-examination of animator Daniel Schumaker, who created a re-creation of the altercation between Zimmerman and Martin for the defense.
4:42 p.m. ET: The court is still in recess. The live blog will pick back up once the judge takes the bench.
4:22 p.m. ET: The judge has recessed court for 10 minutes.
4:21 p.m. ET: The judge is dismissing the jury so attorneys can take up some legal matters outside of their presence.
4:16 p.m. ET: The attorneys are at a sidebar.
4:15 p.m. ET: Dilligard says she has never heard Martin's voice, just Zimmerman's voice. The witness has been excused.
4:13 p.m. ET: Defense attorney O'Mara has finished his direct examination and prosecutor de la Rionda has started his questions.
4:12 p.m. ET: Zimmerman's truck was parked on Retreat View Circle, just to the left of the "T" in the sidewalk, according to Dilligard. O'Mara asks if it could have been the second street in and she says it could have been.
4:10 p.m. ET: Dilligard says she came in through the main entrance and the crime scene tape she observed was to her left, or the east.
4:07 p.m. ET: Defense attorney O'Mara is trying to show Dilligard a map of the neighborhood but she's having trouble seeing it. He decides to move on.
4:04 p.m. ET: Dilligard first heard the 911 call with the screams on the local news. She has heard the call several times.
"I heard the voice screaming in the background and of the two that we are discussing... I only heard George talk," said Dilligard. At that point, she had known Zimmerman two and a half years.
4:03 p.m. ET: An FBI agent left a card on Dilligard's door, requesting that she call them, which she did. He went to her house with another agent to interview her.
4:01 p.m. ET: Dilligard says she was present when a couple of neighbors -- two males and a female -- gave their verbal statements to police. She says she gave police her name and phone number but didn't give a statement.
4:00 p.m. ET: Zimmerman's wife pulled up to the house, had a brief conversation with Dilligard and then went to the scene.
3:55 p.m. ET: Dilligard wanted to know where Zimmerman's wife was so she went to their residence and knocked but no one came to the door. The attorneys are at a sidebar.
3:53 p.m. ET: In reference to the other photo the police officer showed her: "I did not know the person’s name. I had seen him in passing probably earlier that day but I didn’t know who he was." She says she now knows it was Martin.
3:52 p.m. ET: "His nose was very bloody and to me it looked very disfigured like it was somewhat to the left or right. But I know it was not the way I knew him, the nose was very disfigured and a lot of blood coming from it," said Dilligard.
3:51 p.m. ET: A police officer told Dilligard, "We're trying to find someone who may know the people involved in the shooting." She says he had a cell phone and showed two pictures to her and several neighbors standing with her. She says she identified one person as Zimmerman, who had a bloody nose.
3:48 p.m. ET: Dilligard describes what she saw when she came upon the scene: Lots of people standing around, some near the police tape. She says she looked for Zimmerman because she saw his truck.
3:44 p.m. ET: Dilligard was returning from Walmart when she thought she was being pulled over by police. She realized they were just trying to pass her to get to her neighborhood. She says she saw Zimmerman's truck near the curb, "down by where the crime scene was."
3:42 p.m. ET: The defense calls Eloise Dilligard to the witness stand. She is testifying via webcam because she is sick, according to O'Mara. She was a neighbor of Zimmerman's. She says she knew him as a "friendly neighbor."
3:38 p.m. ET: Defense attorney O'Mara has connected with the witness on his iPad and is testing if the witness can see documents. O'Mara says this is his last witness for the day and they will continue with a hearing on additional witnesses later this afternoon. He tells the judge the defense will be finished tomorrow. The jury is being seated.
3:32 p.m. ET: The judge is on the bench and the defense is preparing for its next witness, who will be testifying remotely. Zimmerman tells the judge he has approved of this method for talking to the next witness.
3:10 p.m. ET: The judge has recessed the court for 15 minutes.
3:09 p.m. ET: The defense says it has a witness who they want to appear "in a unique way." The attorneys are at a sidebar.
3:08 p.m. ET: The Martin family attorneys were present, not city attorneys, according to Bonaparte. Defense attorney O'Mara has finished his direct examination.
"The bottom line is, it was the decent thing to do to play it for the family before it was released to the public?" asked prosecutor de la Rionda.
"That was our intent," said Bonaparte.
3:06 p.m. ET: The Martin family said they didn't want law enforcement present when the tapes were played, according to Bonaparte. He also says the 911 tape with the screams was played more than once at the request of the family. No audio or video recorded the meeting.
3:04 p.m. ET: Bonaparte says they didn't consult police before playing the tapes for the Martin family. The tapes were going to be made public, so Bonaparte says they played them for the family as a courtesy.
3:02 p.m. ET: The defense has called Norton Bonaparte to the witness stand. He was the Sanford City Manager and is talking about tapes from the case being played for the Martin family.
2:59 p.m. ET: The attorneys are at a sidebar.
2:58 p.m. ET: Di Maio says that just because a witness didn't hear any banging or hitting doesn't mean Zimmerman's head wasn't hit against the concrete. This witness has been excused.
2:57 p.m. ET: Di Maio agrees that Zimmerman is a witness in this case.
"That's why you don't believe him, you do the tests and look at the autopsy," said Di Maio, to see if what he says matches the evidence.
2:54 p.m. ET: "You're supposed to take the photograph of the wound intact before you clean it and so there was a big no-no there," said Di Maio. "The whole chest is clean and such. The techniques weren't exactly correct, let's put it that way."
2:51 p.m. ET: Di Maio is looking at photos of Martin's body. He says that a stream of blood was trickling down Martin's body on the scene and was later washed away. Di Maio says the sweatshirt could have wiped the blood away as it was being pulled off.
2:48 p.m. ET: The attorneys are at a sidebar.
2:46 p.m. ET: Defense attorney West points out that Martin's hands were exposed to the elements. Di Maio agrees that rain could affect what evidence was collected from Matin's hands. He also says a pathologist should be with the body the entire time and not trust duties to an unsupervised assistant.
2:44 p.m. ET: "You get an impact to the nose, you eventually bleed but I can't tell you if you're going to bleed immediately or not," said Di Maio. Where the blood goes could depend on the position your head is in, according to Di Maio. He says that absence of evidence doesn't mean anything. Zimmerman's blood was not found on Martin's hands.
2:41 p.m. ET: Di Maio says evidence in this case wasn't handled properly, especially Martin's black hoodie, which was bagged in plastic and then placed in paper. Defense attorney West points out that it smelled strongly of mold when the bag was opened.
2:40 p.m. ET: Defense attorney West asks if someone who is having this happen to them would be able to know, in the moment, whether it's life-threatening or not.
"No, because they’re stunned and they’re in pain and fear – you can’t interpret," said Di Maio. He also says the police should have taken Zimmerman to the hospital because he had head trauma. Di Maio says if Zimmerman would have died at the police station, his family would have won a lawsuit. He says this happens all the time in prisons.
2:37 p.m. ET: "The type of injury he [Zimmerman] would get would be more of a ‘stunning,'" said Di Maio, not a concussion. He says most people wouldn't recognize the signs of a concussion, especially a subtle one.
2:34 p.m. ET: Di Maio says they would like forensic nurses in emergency rooms in order to properly document injuries, "but nobody wants to spend the money." He also says it wouldn't be surprising at all that Zimmerman's physician assistant would have seen black eyes the next day when she examined him.
2:32 p.m. ET: The two lacerations on the back of Zimmerman's head are consistent with striking against concrete, according to Di Maio. He also says Zimmerman would have to be upright, sitting, and go back violently in order to get the lacerations from a tree trunk.
"The cement is more plausible, especially when you look at the injuries on the side of the head, which wouldn’t be tree trunk," said Di Maio.
2:29 p.m. ET: Di Maio says another eye witness's testimony, John Good, is consistent with the evidence. Good said Martin was on top of Zimmerman before the shot was fired, in a "ground and pound" type of position, striking Zimmerman.
2:28 p.m. ET: West is describing the testimony of another witness who said Zimmerman was on top and Martin was face-down when the shot was fired.
"No sir, it's not possible," said Di Maio. West says this is another example of a witness who had good intentions but got it wrong.
2:25 p.m. ET: "I’m not going to base my opinions on the witnesses because witnesses are wrong all the time," said Di Maio. He says he bases his opinions on the evidence and facts.
2:24 p.m. ET: Notes that Di Maio has with him include specific numbers, including Martin's height and weight, his BMI and the location of the gunshot wound. He also says four pages of his notes include photographs he thinks are important to the case.
"Do you need your notes to form your opinions once you have the facts before you?" asked defense attorney West.
"Oh no, no," said Di Maio.
2:22 p.m. ET: Di Maio says Zimmerman was right-handed. The prosecutor has finished his cross-examination.
2:19 p.m. ET: Zimmerman's account was consistent with the gunshot wound evidence, according to Di Maio. But he also agrees Martin could have been pulling away from Zimmerman as he was shot.
2:17 p.m. ET: Di Maio says he believes Zimmerman's nose was broken and that either Zimmerman or someone on scene could have popped it back into place. Di Maio says that if it was just swelling on Zimmerman's, it shouldn't have gone down in only four hours.
2:16 p.m. ET: Di Maio says if the evidence isn't dried first, you'll get mold and bacteria, which could damage the DNA. He's not surprised that the mishandled clothing had DNA on it.
2:14 p.m. ET: Prosecutor de la Rionda asks Di Maio about Martin's hoodie. Di Maio agrees that people normally wear them large and that if something was in the front pocket, then the hoodie might be pulled down.
2:12 p.m. ET: Di Maio agrees that the only two witnesses of the shooting are Zimmerman and Martin.
2:11 p.m. ET: Di Maio says it could be difficult for you to breathe or swallow if you're on your back with a bloody nose and the blood is going back into your throat.
2:10 p.m. ET: Prosecutor de la Rionda shows Di Maio a picture of Zimmerman's bloody nose. Di Maio says you would expect blood on the hand if you put it over that nose.
2:08 p.m. ET: Zimmerman wouldn't have died from the lacerations to the back of his head, they're just "indicative of a hard impact," says Di Maio. One laceration was less than an inch, while the other was less than a 1/5 of an inch, according to Di Maio. Prosecutor de la Rionda demonstrates the sizes using his thumb and forefinger.
2:03 p.m. ET: Di Maio agrees that the best person to document a person's injuries can be the medical professional who sees them in the flesh the next day. But he says their observations may not be accurate.
"Doctors aren't interested in the injuries, they're interested in treating the patient," said Di Maio.
2:00 p.m. ET: Di Maio says you may or may not get bruises on your knuckles from punching someone.
"In other words, George Zimmerman could have hit Trayvon Martin and not left any bruising on his knuckles?" asked de la Rionda.
"That's correct, sir," said Di Maio.
1:57 p.m. ET: Prosecutor de la Rionda is asking if a tree branch could have caused the injuries to the back of Zimmerman's head. Di Maio says "wood gives." De la Rionda is showing Di Maio a photo of the trees at the scene.
"You could have one of the injuries due to bumping against the tree, that's correct," said Di Maio. He also agrees that the injuries could have occurred as the two were rolling around on the grass and concrete.
1:54 p.m. ET: Di Maio can't say for sure what angle Martin was positioned at on top of Zimmerman, just that Martin was over Zimmerman when he was shot. He doesn't believe the two were standing at the time of the shooting, based on the evidence. He agrees that Martin could have been pulling away from Zimmerman when he was shot.
1:51 p.m. ET: Di Maio says he can't say if the gun was pulled out of the holster by Zimmerman, just that there was a shot to Martin's chest.
"You can't tell that by any scientific method," said Di Maio.
1:50 p.m. ET: "If you pulled my heart out now, I could keep talking and talking and talking... without a heart?" asked de la Rionda.
"That's right," said Di Maio.
"For about 15 seconds or so?" asked de la Rionda.
"Right, it's between 10 and 15 seconds, it's dependent on the oxygen supply to the head," said Di Maio.
1:47 p.m. ET: The rate for Di Maio's services is the same for every case: $400/hour. He says he has charged the defense, up until yesterday, $2400.
"This is not exactly a complicated case, forensically," said Di Maio.
1:45 p.m. ET: Di Maio says he has testified all over the world and for both the prosecution and the defense.
1:43 p.m. ET: Di Maio agrees that Zimmerman had a self-interest when talking with police and reenacting the shooting. He also agrees that Zimmerman was the only one armed that night and that he had a gun and a flashlight. De la Rionda approaches Di Maio and shows him Zimmerman's flashlight.
"I wouldn't consider it a really dangerous weapon... I think it might cause a bruise but it's just not heavy enough to be significant," said Di Maio.
1:40 p.m. ET: "Often the information with the witnesses goes more towards the manner of death, rather than the cause of death," said Di Maio. He says that jurors should evaluate what the witnesses have to say but that it's not important for him in his assessment.
1:38 p.m. ET: Di Maio says you don't need all the facts in every case, it depends on the case. Prosecutor de la Rionda says Di Maio focused on the defendant's statement. He agrees, saying he wanted to see if it was consistent with what he found. "The rest, I can't say," said Di Maio.
1:35 p.m. ET: Prosecutor de la Rionda makes a joke that he shares something with Di Maio -- a bald head. Several people in the courtroom laugh at that.
Di Maio says he can't testify as to who threw the first punch or if there even was a first punch.
1:32 p.m. ET: The attorneys are at a sidebar.
1:31 p.m. ET: The judge is back on the bench and the jury is being seated.
12:32 p.m. ET: Judge Nelson has recessed court for lunch. The live blog will pick back up at 1:30 p.m. ET when testimony resumes.
12:31 p.m. ET: West asked if there could have been more impacts to Zimmerman's head. Di Maio said the photos indicate 6 blows to Zimmerman's head, but there could have been more. The attorneys are at a sidebar with the judge.
12:28 p.m. ET: Di Maio said this photo seems to show that Zimmerman's broken nose appears to be pushed back in place.
12:25 p.m. ET: Di Maio said photos of Zimmerman's injury to his nose is consistent with a broken nose. He also said it was consistent with being punched in the face.
12:21 p.m. ET: West is showing a picture of the right side of Zimmerman's head. Di Maio said these injuries are consistent with blunt force trauma.
12:17 p.m. ET: Di Maio said the multiple blows to Zimmerman's head could have amounted to symptoms consistent with a concussion.
12:14 p.m. ET: Di Maio said the lacerations on Zimmerman's head is a indicator that his head hit something with great force.
12:10 p.m. ET: Di Maio is talking about when you head hits a flat surface it is difficult to create a lasceration.
12:08 p.m. ET: West is displaying an injury to back of Zimmerman's head on the overhead projector.
12:05 p.m. ET: "If you fall and hit your head you can get a minor concussion," said Di Maio.
12:04 p.m. ET: Di Maio is explaining different types of brain injuries to the jury.
"No, this is basic you know 101," said Di Maio.
"The discovery from the district attorneys office, photographs, corner photographs, corner reports, and police reports, audio from the 911 calls," said Schumaker.
Defense attorney Mark O'Mara says marijuana found in Trayvon Martin's blood the night he died will help prove George Zimmerman has told the truth about the events surrounding the teenager’s death.
Seventeen-year-old Martin had been walking through the Retreat at Twin Lakes -- the gated community in Sanford, Florida, where Zimmerman lived -- on Feb. 26, 2012, when the two got into a physical altercation. Zimmerman, a former neighborhood watch captain, says he had to draw his gun and shoot Martin in self-defense. He is currently on trial for second-degree murder.
On a non-emergency call Zimmerman made to police the night of the shooting, he told the dispatcher that Martin looked suspicious and appeared to be "on drugs."
Judge Debra Nelson ruled Monday that Zimmerman’s attorneys will be able to present evidence about how Martin may have been high on marijuana that night.
Martin’s toxicology report indicates that THC, the active drug in marijuana, was in his blood at the time of his death.
Zimmerman’s attorneys argued Monday that the report shows Martin’s judgment may have been impaired the night of the shooting, and it may have affected his decision-making.
Prosecutors fought hard against the admissibility of Martin's THC levels, accusing Zimmerman's attorneys of trying to get bad-character evidence in through the back door.
Judge Nelson told prosecutors they could cross-examine expert defense witnesses who testify about the effects of THC. Prosecutors can also call their own experts to contradict the defense's case during their rebuttal.
Zimmerman's drug use has also come up in the case. Ben Crump, Martin's family attorney, says Zimmerman should have been tested for drugs the night of the shooting. A fire and EMS report says Zimmerman was on the medications Librax and Temazepam at the time of the incident.
It is not clear whether Zimmerman's drug use the night of the shooting will be admissible at trial.