Detective’s statement barred in Zimmerman trial

Said defendant seemed credible

SANFORD, Fla. — A judge tossed out a detective’s statement that he found George Zimmerman credible in his description of fighting with Trayvon Martin, a decision that benefits prosecutors who are trying to discredit the defendant’s self-defense assertion.

Other efforts by prosecutors to attack Zimmerman’s story on Tuesday included the cross-examination of a friend he called after shooting Martin and the testimony of a doctor who found the defendant’s injuries to be insignificant. They also sought to introduce school records that indicate Zimmerman had studied the state’s self-defense law, in another swipe at his truthfulness.

Prosecutors took the unusual step of trying to pick apart the statements of an investigator they had called as a prosecution witness because some of what he said appeared to help the defense. Prosecutor Bernie de la Rionda asked the judge to strike Detective Chris Serino’s statement that he thought Zimmerman was credible when he described how he got into a fight with Martin. Serino was the lead investigator on the case for the Sanford Police Department.


De la Rionda argued that the statement was improper because one witness is not allowed to evaluate another witness’s credibility. Defense lawyer Mark O’Mara argued that it is Serino’s job to decide whether Zimmerman was telling the truth.

Get Ground Game in your inbox:
Daily updates and analysis on national politics from James Pindell.
Thank you for signing up! Sign up for more newsletters here

Judge Debra Nelson told jurors to disregard the statement.

‘‘This is an improper comment,’’ the judge said.

Zimmerman has said he fatally shot the unarmed black 17-year-old in self-defense in February 2012 because Martin was banging his head into a sidewalk. Zimmerman, 29, could get life in prison if convicted of second-degree murder. He has pleaded not guilty.

To earn a conviction on the charge, prosecutors must prove there was ill will, spite, or a depraved mind by the defendant.


The prosecutor also questioned Serino about his opinion that Zimmerman did not display those negative emotions toward Martin.

De la Rionda played back Zimmerman’s call to police to report the teen walking through his gated community. Zimmerman uses an expletive, refers to ‘‘punks’’ and then says, ‘‘They always get away.’’

The detective conceded that Zimmerman’s choice of words could be interpreted as being spiteful.

Prosecutors asked the judge to allow them to introduce school records showing Zimmerman took a class that addressed Florida’s self-defense law. They said it will show he had knowledge of the law, even though he said he did not in an interview with talk show host Sean Hannity.

The interview was played for jurors.


O’Mara objected, saying the records were irrelevant. He referred to the prosecution’s efforts to introduce them as ‘‘a witch hunt.’’

The judge said she would rule later in the week.

Late in the morning the prosecution questioned Mark Osterman, a friend who spoke with Zimmerman after the shooting.

Under questioning by de la Rionda, Osterman said that Zimmerman told him Martin had grabbed his gun during their struggle, but that Zimmerman was able to pull it away.

That account is different from what Zimmerman told investigators in multiple interviews. In those interviews, he said it appeared Martin was reaching for his gun prior to the shooting. He never told police the teen grabbed it.