General Discussion

But the defense will. They petitioned the judge for permission to bring it up...so it seems fairly certain that they will, if given the opportunity.

Their angle will be that it makes you paranoid.

This is 2nd Degree Murder, and my interpretation of the law is that one of two hurdles must be cleared. One is stalking, and the law is quite explicit that stalking has to occur at least twice, to be considered.

So, this leaves the 2nd hurdle...which is extreme and willful negligence. Essentially it has to be proven that a reasonable person would have known that death was a likely outcome from following Martin. The defense is going to argue that a reasonable person could not have known that Martin had THC in his system, and that his paranoia would contribute to the confrontation occuring.

Now, they can only make this argument if the judge allows the drug evidence...and she essentially did. They can't make opening arguments about it, but she didn't rule out bringing it up altogether...so the autopsy report will be brought out, and the medical examiner will be questioned about it....and then it will be fair game for the closing argument.

Do you see how that strategy makes no claim that marijuana makes one violent?

In my conspriratorial mind, the state deliberately overcharged (2nd degree murder). That is very hard to prove, and manslaughter would have been alot easier case. Its almost as if they want to lose the 2nd degree case...and flame me if you like, but I just don't see a way they can win the 2nd degree murder case.