Judge excludes state audio experts in George Zimmerman trial
In a major blow for the prosecution in the George Zimmerman case, a
judge on Saturday barred the testimony of two audio experts who
suggested that a taped 911 call indicated Trayvon Martin was crying
out for help during the violent struggle that ended with a gunshot.
The testimony of Tom Owen and Alan Reich, both of whom analyzed a 911
call by a neighbor that captured the sounds of the brawl, was key for
the state because it could have painted Zimmerman as the aggressor.
The neighborhood watchman is accused of fatally shooting Trayvon, an
unarmed teen from Miami Gardens, during a confrontation inside a gated
Sanford community in February 2012.
The police's delay in charging Zimmerman, who claimed self-defense,
sparked large civil rights rallies in Sanford and drew worldwide
headlines.
In the ruling released Saturday, Seminole Circuit Judge Debra S.
Nelson said prosecutors can still play the 911 tape and other
recordings at trial, and lawyers can introduce witnesses who are
familiar with the voices of Trayvon or Zimmerman to testify about the
identity of the person or persons screaming.
In her 12-page order, sent via e-mail to the lawyers in the case,
Nelson found that the methods the two men used to analyze the audio
were not generally accepted in the scientific community.
"There is no evidence to establish that their scientific techniques
have been tested and found reliable," she wrote.
She singled out Reich, who claimed he heard Trayvon saying specific
phrases, including "I'm begging you." Nelson said his report to the
prosecution, which differed from one given earlier to a newspaper,
"would confuse issues" and "mislead the jury."
The judge's decision on the audio experts was highly anticipated.
Previous hearings on the experts, heavy on scientific jargon and
explanations of computer software and national standards, unfolded
during five separate days over the past two weeks, concluding Thursday
afternoon.
The key 911 call, made by a neighbor reporting the violent scuffle,
captured the cries of someone in apparent fear.
Reich claimed in his report that he hears Zimmerman say "these shall
be," which he calls a "seemingly religious proclamation," while
Trayvon, scared and in a high-pitched voice, screams, "I'm begging
you," just before the shooting.
Another state expert, Tom Owen, used computer software to analyze a
four-second snippet of cries. He compared it to a sample of an audio
clip of Zimmerman, and concluded the voice on the 911 call did not
belong to him.
In an effort to keep the testimony from being used as evidence for
jurors to consider, Zimmerman's defense team challenged the
reliability of the science involved. On Tuesday, a defense expert,
James Wayman, testified that Owen's methods were "fundamentally
flawed."
Defense attorney Don West, on Friday, mocked Reich's report, saying it
showed Trayvon and Zimmerman "having a conversation" and that the
document should begin, "It was a dark and stormy night."
Prosecutor Rich Mantei shot back, saying that the defense had told the
press that a defense expert would say Zimmerman was the voice crying
out. But no such expert was ever produced, Mantei said.
BY DAVID OVALLE
DOVALLE@MIAMIHERALD.COM
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