Zimmerman defense to argue 8 motions

Published On: Dec 10 2012 03:05:05 PM EST   Updated On: Dec 10 2012 06:23:05 PM EST

VIDEO: George Zimmerman to be in court for hearing.


Defense attorneys for George Zimmerman will be back in a Sanford courtroom Tuesday morning, having filed filed eight motions requesting discovery evidence and a change in the conditions of the murder suspect's release.

Zimmerman, who's charged in the February killing of unarmed teenager Trayvon Martin, will also be in court for the hearing, a spokesman for his defense team confirmed.

One motion defense attorney Mark O'Mara will argue asks for the original recording of an interview with Martin's 18-year-old girlfriend, who was on the phone with Martin moments before he was shot and killed. The interview was conducted in March by Benjamin Crump, the attorney for the Martin family.

The defense is claiming the copy of the interview it received is in poor quality and has been edited.

Attorney Randy Reep has been analyzing this case for Channel 4. Reep says Martin's girlfriend is expected to be a "star witness," and the defense team wants to know what she said before it figures out its strategy.

"That's completely reasonable, practical and smart legal work," Reep said. "You want to know what the person is going to say before you sit down and interview them."

"What she says, and what she said then is critical," Reep added. "If it's something that is exculpatory for Zimmerman, or more importantly, if it matches what Zimmerman's recantation of the story was that night, it's going to be a real problem for the state if that's what the recording indicates."

Zimmerman's attorneys say he and his wife are living in a constant state of fear, and that's why they're also asking a judge Tuesday to allow the 29-year-old to leave Seminole County and take off his GPS monitoring device. Zimmerman is out on a $1 million bond.

"Mr. Zimmerman and his wife have had to live in hiding and in fear of violence at the hands of those who would wish to do Mr. Zimmerman harm based on the misinterpretation of the events of the night of February 26th, 2012," the motion reads.

"It seems to me a pretty reasonable request to let him live outside of Seminole County," Reep said. "In fact, I think it's probably in everybody's best interest that he not be near the center of the Trayvon Martin universe."

Reep said that when deciding the terms of a release, a judge will consider whether the defendant will come back to court and if they're a danger to the community.

"It's also the judge's job to make sure he's not putting the defendant in undo harm," Reep said. "In this particular case, there's a number of counties in Florida that Zimmerman could very well go to that we wouldn't know, and it would reduce the risk of a harm to Zimmerman."

O'Mara will address the media following Tuesday's hearing.

To read more on the motions to be argued Tuesday, go to the Zimmerman defense team's website.


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