By Barbara Liston
ORLANDO, April 29 (Reuters) - Prosecutors in Florida want George Zimmerman to state publicly at a court hearing on Tuesday whether he will pursue his immunity defense in the 2012 shooting death of teenager Trayvon Martin on the basis of the state's "Stand Your Ground" law, or waive his right to use it.
Prosecutors asked Judge Debra Nelson in a motion to remind Zimmerman "that should defendant in fact wish to waive any pre-trial immunity challenge under this statute, he may not attempt to do so later, particularly once trial has commenced."
Zimmerman will attend Tuesday's hearing, according to his lawyer, Mark O'Mara. However, O'Mara told Reuters he hadn't decided what he will do if the judge tries to question his client.
"I know the state would like to have that information, it seems. I don't feel compelled to advise anybody of my strategy in this case," O'Mara said.
Zimmerman goes on trial June 10 on a second-degree murder charge for shooting Martin after prosecutors say he profiled and confronted the unarmed black teenager, despite a police dispatcher instructing him not to do so.
Zimmerman, 29, was a neighborhood watch volunteer at the time and Martin was walking back to a town home in the gated community in Sanford, Florida, with snacks to eat while watching a televised basketball game in February last year.
O'Mara has talked publicly about pursuing immunity for Zimmerman under Florida's controversial "Stand Your Ground" statute, which bars prosecution of someone who is in fear of his life and shoots rather than retreats. O'Mara canceled a scheduled hearing earlier this month to make the case, but told Reuters he believes he has the right to raise the immunity defense at any time during the trial.
"If you can convince someone, a judge, by preponderance of evidence that you acted in self defense, then you're immune, and that can happen however it happens," O'Mara said.
Prosecutors want to pin Zimmerman down on the record over waiving his right to pursue immunity in order to pre-empt the possibility that he might try to revive it after trial if he is found guilty, according to the motion. O'Mara said it would be difficult to raise the issue post-conviction.
Nelson also will hear a defense request to unseal a settlement between Martin's parents and the homeowner's association at The Retreat at Twin Lakes subdivision where Martin was killed.
The association's insurance company at one point offered its policy limit of $1 million to the family, according to correspondence between the insurance company and association attached to the motion. The defense argues that the jury should be able to consider the financial interest of potential witnesses in the case. (Editing by David Adams and Christopher Wilson)
Earlier on HuffPost:
The Martin Story Becomes National News
New York's Daily Intelligencer blog details how the Trayvon Martin story, which hadn't received a lot of attention, <a href="http://nymag.com/daily/intelligencer/2012/03/trayvon-martin-shooting-now-a-national-news-story.html">landed on the radars of the national media.</a> A good deal of the national attention and outrage over the case was centered around the fact that Zimmerman claimed that he shot Martin in self-defense, a category with broad meaning because of Florida's Stand Your Ground Law, and was not arrested or charged with a crime for more than a month after Martin's death.
Seminole County State Attorney Convenes Grand Jury
Seminole County State Attorney Norm Wolfinger announces that he will be convening a grand jury to determine if Zimmerman should be charged in Martin's death. In a statement, Wolfinger said that he would be "utilizing the investigative resources" of the Seminole County grand jury which he said would be called to session on April 10. "I share in the desire of the family and the community to accurately collect and evaluate all the facts surrounding the tragic death of Trayvon Martin," Wolfinger said. "I respectfully request that the public remain patient as this process continues forward ... As I have previously stated, the public is entitled to no less than a thorough, deliberate, and just review of the facts. We intend to honor that commitment." Lawyers for the Martin family anticipated that the state attorney would call a grand jury, saying that the move is little more than "passing the buck."
Police Chief Under Fire
<a href="http://www.huffingtonpost.com/2012/03/22/trayvon-martin-case-george-zimmerman-bill-lee_n_1371635.html?1332389437">Sanford's city commission gave a vote of “no confidence” to beleaguered police Chief Bill Lee Jr.</a>, who was under fire for his department’s investigation into the shooting.
Police Chief 'Temporarily' Steps Down
In a brief press conference, Chief Bill Lee announced that he would be "temporarily" steppng down from his position, saying that his role in the case had become a "distraction."
State Attorney Steps Down
<a href="http://www.huffingtonpost.com/2012/03/22/trayvon-martin-state-attorney_n_1374206.html">Seminole County State Attorney Norman Wolfinger steps down</a> due to "conflict of interest."
President Obama Speaks Out
President Obama <a href="http://www.huffingtonpost.com/2012/03/23/obama-trayvon-martin_n_1375083.html?ref=trayvon-martin">issues his first public statement</a> about the case.
Police Video Shows Zimmerman Night Of Shooting
<a href="http://www.huffingtonpost.com/2012/03/28/trayvon-martin-police-video_n_1386764.html">Newly released video of George Zimmerman</a> at the Sanford Police Department the night he shot Trayvon Martin to death show the neighborhood watch volunteer without blood on his clothing or bruises on his face or head.
George Zimmerman Launches FundraIsing Website
<a href="http://www.huffingtonpost.com/2012/04/09/travon-martin-george-zimmerman_n_1412693.html?utm_hp_ref=trayvon-martin">Zimmerman launches an official fundraising site</a> to help pay his legal fees.
George Zimmerman Charged With Second-Degree Murder
<a href="http://www.huffingtonpost.com/2012/04/11/george-zimmerman-trayvon-martin-charged-second-degree-murder_n_1417198.html">Florida special prosecutor Angela Corey announced</a> that George Zimmerman has been charged with second-degree murder.
Judge Grants Zimmerman Bail
<a href="http://www.huffingtonpost.com/2012/04/20/george-zimmerman-bail-hearing_n_1440175.html?ref=black-voices">Circuit Judge Kenneth Lester set Zimmerman's bond at $150,000</a>
New Photograph Shows George Zimmerman's Bloodied Head
A new photograph released by ABC News shows a bloodied George Zimmerman with injuries on the back of his head. The photo, which was reportedly taken three minutes after Zimmerman shot Trayvon Martin, could serve as possible evidence supporting the neighborhood watch volunteer's claim of his violent confrontation with the teen.
Zimmerman Bond Revoked
<a href="http://www.huffingtonpost.com/2012/06/01/george-zimmermans-bond-re_n_1563304.html">A Florida judge revoked bond for George Zimmerman</a>, and ordered that he turn himself in within 48 hours. Prosecutors had asked Seminole County Circuit Judge Kenneth Lester Jr. to revoke Zimmerman's bond because they contend that he was disingenuous at an earlier bond hearing when Zimmerman's family and attorney claimed that he was cash broke. The motion filed by prosecutors claimed that Zimmerman "misrepresented, mislead [sic] and deceived the court."
Shellie Zimmerman Arrested
<a href="http://www.huffingtonpost.com/2012/06/12/shellie-zimmerman-arrested-george-zimmerman-wife_n_1591153.html?utm_hp_ref=trayvon-martin">George Zimmerman's wife Shellie, was arrested</a> and charged with one count of perjury, according to law enforcement officials.
George Zimmerman Released From Jail
<a href="http://www.huffingtonpost.com/2012/07/06/george-zimmerman-released_n_1654831.html">George Zimmerman left a Florida jail</a> after posting a $1 million bond that a judge set for him Thursday, Bay News 9 reports. Circuit Judge Kenneth Lester, who revoked Zimmerman's bond in June for misleading the court about how much money he had, said he set the bail significantly higher to circumvent the possibility of Zimmerman using hidden funds to flee the country.
Judge Ordered To Step Down
<a href="http://www.huffingtonpost.com/2012/08/29/george-zimmerman-judge-lester_n_1841293.html">Florida's Fifth District Court of Appeal rules that Judge Kenneth Lester should enter a motion to disqualify himself</a> in George Zimmerman's second-degree murder case. Zimmerman's attorney Mark O'Mara asked the court earlier this month to overturn a previous ruling by Lester not to leave the case.
Trial Date Set
George Zimmerman's murder trial for the shooting of Florida teenager Trayvon Martin <a href="http://www.huffingtonpost.com/2012/10/17/george-zimmerman-trial-date-set-june-10-2013_n_1973469.html">set for June 10, 2013</a>
Zimmerman Must Remain In County On 24-Hour GPS Monitor Until Trial
George Zimmerman ordered remain under 24-hour GPS monitoring while awaiting trial in the fatal shooting of Florida teenager Trayvon Martin and must stay in the county despite the defense's concerns about his safety.
George Zimmerman Denied Delay Of Trayvon Martin Trial
<a href="http://www.huffingtonpost.com/2013/02/05/george-zimmerman-denied-trayvon-martin-trial_n_2623282.html?utm_hp_ref=trayvon-martin">A Florida judge rejected a bid by George Zimmerman to delay his June trial</a> for the murder of unarmed, black teenager Trayvon Martin, whom he shot and killed a year ago. Zimmerman is expected to appear in court for an April hearing where his lawyers plan to argue that he should be immune from prosecution in the case because of Florida's Stand Your Ground Law. The National Rifle Association (NRA) heavily lobbied Florida legislators to pass the law in 2005 and encouraged lawmakers not to change it after Martin's death.