A hearing was held this evening, concluding just before 10 p.m., on the attempt of the defense to introduce expert testimony as to text messages regarding fighting found on Trayvon Martin�s cell phone. A large group of texts and photos were released in late May, but only some of them are at issue now.
The judge expressed concern about admissibility on ground of authentication, that the defense could prove that the texts were to and from Trayvon�s phone, but could not prove that Trayvon was using the phone at the time. �I don�t have any identifying marks that these text messages� were sent by or from Martin. �Another person may know that password.�
The hearing was highly contentious, with defense lawyer Don West vigorously asserting that failure to allow the evidence would violate Zimmerman�s constitutional rights, and blaming the prosecution for withholding evidence until early June as to the texts. West argued that it was unfair to hold the defense to strict authentication standards given the prosecution�s tactics.
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