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Tuesday
Apr302013

George Zimmerman's Decision Leads to Summer Trial

Joe Burbank - Pool/Getty Image(SANFORD, Fla.) -- A Florida judge questioned George Zimmerman Tuesday on his decision to waive an immunity hearing under the state's "Stand Your Ground" law, which means that Zimmerman is likely heading for a trial this summer in the shooting death of unarmed teenager Trayvon Martin.

Zimmerman spoke in court for the first time in over a year, answering "Yes, your honor" and "No, your honor" to a series of questions from District Court Judge Debra Nelson. Zimmerman's legal team wrangled briefly with the judge over her request to speak directly to Zimmerman.

Nelson was seeking to confirm a decision by Zimmerman's lawyer to invoke the Stand Your Ground defense.

The pre-trial immunity hearing would have given the judge the discretion to free Zimmerman precluding the need for a trial. But the validity of a Stand Your Ground defense would be determined solely by a judge after a hearing. Zimmerman's defense team has decided to put their case before an entire jury.

"We'd much rather have the jury address the issue of criminal liability or lack thereof," Zimmerman's lawyer Mark O'Mara said.

Zimmerman's team hinted it might resurrect the Stand Your Ground immunity hearing during the trial, and it is possible even after it.

Zimmerman, 29, has pleaded not guilty, claiming he shot Martin, 17, in self defense as the two struggled on the ground for Zimmerman's gun. Martin was killed in February 2012 in Sanford, Fla., where Zimmerman was a neighborhood watch captain.

Zimmerman, looking heavier than he did a year ago, has been living in an undisclosed location for the past year, apparently with a bodyguard.

As the hearing began, the judge warned both side remain professional, after the two sides used court motions to batter each other the past few months. Less than two hours later both sides hurled accusations against each other during a hearing in which possible sanctions against the prosecutors for discovery violations were debated.

The defense asserted that Assistant State Attorney Bernie de la Rionda had repeatedly withheld evidence about witness 8, believed to have been Trayvon Martin's girlfriend and the last person to speak with him.

The defense wanted the court to assess sanctions against the prosecution for not immediately notifying them that Witness 8 allegedly lied about her whereabouts during Martin's funeral.

The defense took the unusual tactic of asking one of its own attorneys, Don West, to take the stand to itemize the ways in which the prosecution delayed discovery, clouded certain evidence and in general cost the defense team time and money, which the defense team has said is running short.

"It was completely misleading about the atmosphere during this first interview. It speaks volumes about why she testified the way she did," said West of witness 8.

During the cross examination a clearly infuriated de la Rionda stalked the court, peppering West with questions.

De la Rionda claimed the defense was following conservative social media outlets and looking to them for strategy. He asked West if Witness 8 testimony about the night of Martin's death appeared consistent, to which West responded yes.

Copyright 2013 ABC News Radio