From the ruling:
First, the fact that Crump represents Martin's family does not make him "an opposing counsel." As acknowledged by Crump in his affidavit, he was not acting as a lawyer for the State or the defendant, nor could his interview of Witness 8 be found to constitute trial preparation in the pending criminal case below.
Second, we also conclude that any testimony given by Crump as to the substance of his interview of Witness 8 and the surrounding circumstances thereto would not violate the work product privilege because any privilege that may have existed was waived when Crump conducted the interview in the presence of two media representatives who subsequently aired portions of the interview on national television.
Finally, although not a basis of the trial court's ruling , we reject any suggestion
that Crump's affidavit would serve as an adequate substitute for a deposition. See Patrick v. State, 104 So. 3d 1046, 1057 (Fla. 2012) ("Cross-examination is the principal means by which the believability of a witness and the truth of his testimony are tested.")
As to Witness 8:
The information provided by Witness 8 is relevant to the determination of whether Zimmerman is guilty of second degree murder (or a lesser included offense). Should Witness 8 testify at trial, Zimmerman is entitled to discover whether such testimony is consistent with prior statements made by Witness 8 to Crump and whether such testimony was in any way influenced by the manner in which the interview in question was conducted.
The scope of the deposition:
[A]ny deposition of Crump is to be limited to inquiry of circumstances surrounding the interview of Witness 8 and the contents of such interview. Defense counsel may not inquire into Crump's mental impressions regarding Witness 8, nor may counsel inquire as to the reasons why Crump conducted the interview in the manner in which he did. Additionally, we believe the work product privilege precludes defense counsel from making inquiry as to the reason(s) Crump attempted to locate Witness 8 and the methods employed to do so.
In other news, the court reversed Judge Nelson in a self-defense case last week, Spurgeon v. State, in which she had refused to instruct the jury on self-defense. The court reiterates the minimal showing the defendant must make to get the instruction:
A trial court's decision to give or withhold a proposed jury instruction is generally reviewed for an abuse of discretion. Vila v. State, 74 So. 3d 1110, 1112 (Fla. 5th DCA 2011). However, the trial court's discretion is more restricted in criminal proceedings "because a criminal defendant is entitled to have the jury instructed on his or her theory of defense if there is any evidence to support the theory and the theory is recognized as valid under Florida law." Id.
The trial court should not weigh the evidence when determining whether to give the requested instruction. Id.; see also Pope v. State, 458 So. 2d 327, 329 (Fla. 1st DCA 1984) (stating that "it is axiomatic that a defendant is entitled to have the jury instructed on the rules of law applicable to his theory of defense if there is any evidence to support such an instruction, and the trial court may not weigh the evidence in determining whether the instruction is appropriate") (citing Smith v. State, 424 So. 2d 726, 732 (Fla. 1982)). The jury — not the trial judge — decides the weight of the evidence. Vila, 74 So. 3d at 1112. "The question of self-defense is one of fact, and is one for the jury to decide where the facts are disputed." Id.
Additionally, a defendant is not required to testify at trial to receive a jury instruction on self-defense. Sipple, 972 So. 2d at 915. A defendant's statements admitted into evidence at trial may be sufficient evidence for a self-defense instruction. Id. The cross-examination of State witnesses can also support a claim of self-defense. Id. at 916.
Finally, if a jury can reasonably infer from circumstantial evidence presented at trial that the defendant had the state of mind necessary for self-defense, then the defendant is entitled to a jury instruction on self-defense. Johnson v. State, 634 So. 2d 1144, 1145 (Fla. 4th DCA 1994).
The next hearing will be June 6. Among the items on the agenda: A Frye hearing on voice and speaker identification opinion testimony.
Zimmerman's defense team announced its latest fund-raising numbers today: Since its request last week for funds, it has raised $46,000.