Judge to decide if Trayvon Martin's last text messages should be admitted

Defense is also asking for a six-week trial delay

SANFORD, Fla. - Leading up to the night he was shot, 17-year-old Trayvon Martin sent a lot of texts.

Martin texted about buying a gun, about smoking marijuana, even about getting kicked out of school and his mother's house because of fighting.

The defense argues these texts help prove Martin started the fight the night he was shot and killed by neighborhood watch captain George Zimmerman. The defense is also calling out the prosecution for withholding the texts.

The state disagrees. Prosecutors say not only was Zimmerman the aggressor, they say the texts are irrelevant and inflammatory and should be kept from the jury.

Local criminal defense attorney Joe Episcopo agrees.

"It''s not relevant to the issue of self defense," Episcopo said.

He believes since Martin and Zimmerman did not know each other beforehand, all that matters in this case, is what was in the mind of the defendant at the time of the shooting.

"He didn't know the person so the only thing it does it tries to make the victim look bad," said Episcopo. "Does he believe he's in great bodily harm or harm of death? That's the issue."

On Tuesday, a judge will also decide whether or not to grant the defense's request to delay the start of the trial for six weeks.

Episcopo thinks asking for a delay was a bad strategy and a rookie mistake.

"This is a poorly done defense. I think that the defense attorney is not that experienced and not that clever. This case is too much for him to handle," he said.

But the defense says their new evidence can prove that Martin was angry just moments before he was shot. Tuesday, it'll be up to the judge to decide if a jury will ever hear about it.

Make sure to check back here tomorrow.  The ABC Action News team will be inside the hearing bringing you the latest information.


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