The Norman Transcript

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June 22, 2013

Prosecutors can say ‘profiled’

SANFORD, Fla. — Prosecutors in Florida can argue in opening statements that George Zimmerman profiled Trayvon Martin based on factors such as age or clothing before he shot the unarmed black teenager, but they cannot say he was profiled based on race, a judge ruled Friday.

Circuit Court Judge Debra Nelson made the ruling ahead of Monday’s expected opening statements in Zimmerman’s second-degree murder trial.

Defense attorneys had asked the judge to prohibit prosecutors from using a series of words in opening statements that they deemed inflammatory. Those words included “profiled,” “vigilante,” “wannabe cop,” and that Zimmerman had confronted Martin. Zimmerman identifies as Hispanic.

The judge said all of those statements may be used, provided that race is not discussed if the issue of profiling is brought up.

Prosecutor John Guy had argued that there were a number of ways someone could be profiled other than race.

“That is not a racially charged term unless it’s made so, and we don’t intend to make it a racially charged term,” Guy said. “There are a number of avenues someone can be profiled in any one way or combination. We don’t intend to say he was solely profiled because of race.”

Defense attorney Mark O’Mara said he was concerned using the word “profiled” would “infect” the jury with a racial component that shouldn’t be there.

“I want to be very, very cautious,” O’Mara said.

Six female jurors were chosen Thursday for the second-degree murder trial of Zimmerman, a former neighborhood watch volunteer who says he fired on Martin in self-defense last year in a gated community in Sanford. Zimmerman is pleading not guilty.

The judge has yet to rule on whether a prosecution expert can testify that screams for help captured on a 911 call came from Martin. Defense attorneys don’t want the expert to testify, claiming his analysis is flawed.

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