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Judge Rules Defense Can Use Trayvon Martin Tweets
theodp writes "The NY Times reports a judge in the second-degree murder case against George Zimmerman has ruled that Trayvon Martin's school and social media records should be provided to the defense. Judge Debra S. Nelson said Martin's Twitter, Facebook and school records were relevant in the self-defense case. In those instances, showing whether a victim 'had an alleged propensity to violence' or aggression is germane, the judge said. The defense also got permission for access to the social media postings of a Miami girl who said she was on the phone with Martin just before the shooting. Time to update the Miranda warning to include: 'Anything you Tweet or post can and will be held against you in a court of law'?'"
The defense has argued that Trayvon was the aggressor and are going to see if his school records and online life back that up. The internet is not some parallel dimension with no relationship to our real lives. If Trayvon was into "Thug Life", MMA, etc... or was suspended for getting into fist fights at school (he was suspended at least 3 times) then this is relevant to the case at hand as it makes the notion that he attacked Zimmerman more believable.
Trayvon isn't on trial, therefore his speech is not being used against him, so miranda rights are pointless
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But the jury isn't being asked to decide whether an "assault with a deadly weapon" has occurred. They're being asked to decide whether or not the killing of Trayvon Martin was an act of self defense (and thus unfortunate, but legal under Florida law), or an act of 2nd degree murder (and thus illegal, and carrying with it a stiff prison sentence).
Since all we have is one side of the story, past patterns of behavior on the part of Martin & Zimmerman may be very relevant in assessing the evidence. *IF* Martin has a history of breaking into houses, getting into fights, etc. etc., then it makes Zimmerman's story - that he was standing there when Martin approached him and assaulted him - somewhat more believable. If Martin is shown to be the poster boy for good kids everywhere, then it makes it far less believable. Just as past patterns of behavior on Zimmerman's part are relevant - does he have a history of racism? does he have a history of assault? does he have a history of waving his gun around like a maniac? All of these things would make his story LESS believable.
It's all relevant, because there simply aren't many facts beyond "deceased young black male, shot at close range" and the defendant's claim that "I was jumped, and acted in self defense." What a jury is being asked to decide is - is Zimmerman's story reasonable?