The court broke for a "Richardson Hearing" outside the presence of the jury, to determine if there was a discovery violation since the state did not turn over Bao's changed opinions to the defense. The state said it had no idea Bao would testify differently. Prosecutor Bernie de la Rionda showed the court the notes he prepared for Bao's cross-examination. He had written "1 to 3 minutes" after the question about how long he lived.
The court ruled there was no discovery violation. She also ruled Trayvon Martin's marijuana use is inadmissible.
With that, the jury was brought back in. Defense attorney Don West is cross-examining Bao.
There is an issue with the scraping of Martin's fingernails. Apparently, the scraped nails were put in the same envelope rather using a separate envelope for each one. That is improper protocol.
Bao agrees that would be improper but says it's not his job, it was a technician who did that. He testified no bags were placed on Martin's hands.
No fingernail clippings (as opposed to scrapings) were kept. Bao says that is a policy decision of the Chief Medical Examiner of his office, and he's only the associate associate examiner.
Bao also agreed that Martins clothing should have been put in paper bags rather than plastic and should remain dry.
Bao says when drawing blood for toxicology purposes, it should be drawn from a peripheral source rather than the chest. In Martin's case, they drew the blood from the chest. He wasn't the one who drew the blood.
No photographs were taken of Trayvon's palms or fingernails. They only took a half-dozen photos. He said they do not take pictures of the entire body.
In an interview last week, he said he only spent one and a half hours on the autopsy.
"It was just another case," he said. "I finished the autopsy in one-and-a-half hours. I typed it up in one hour."
It was clear today he has no personal recollection of the autopsy and is reliant on his notes. He also says several times, "It's not my job."
On cross-examination, he explains his 1 to 10 minutes change. It's based on another case he recently witnessed (not performed) an autopsy where the person lived 10 minutes.
He also maintained on direct that Martin would not be able to move or talk after the shot. Now he says he could move "a little bit." He says he does not know whether he could sit up or put his hands under himself. He doesn't know how long or how much he might have been able to move or talk.
On the gunshot, Bao says it was a contact wound to the clothes but not to the skin. There was some distance between the muzzle of the gun and the skin. His methods are different than firearm technicians. Had the gun been pushed against the fabric against the skin, he would have seen fibers and stipling. He doesn't use the term close range, he uses contact and intermediate range. Intermediate range could be from .4 inches to four feet.
Bao says he consulted books, including the book of Dr. Vincent di Maio. Di Maio will testify for the defense.
On redirect by the state, Bao says he remembered nothing about the autopsy until he sat down to review his notes. He could have lived as short as 1 minute or as long as 10 minutes.
Also today, as expected, Sybrina Fulton and Jaharvis Fulton (Trayvon's brother) testified that the voice screaming on the 911 call was that of Trayvon Martin. The defense is anticipated to call witnesses familiar with Zimmerman's voice who will say it was Zimmerman.
When Bao finished his testimony, the judge told the state to call its next witness. The prosecutor asked for a 10 minute recess, so it is not certain yet the state has finished its case.
