SANFORD, Fla. – In a new motion on Tuesday, George Zimmerman's defense team argues that they believe Trayvon Martin was high on marijuana the night he was killed by George Zimmerman.
Zimmerman's lawyers say they want to introduce toxicology results from Martin's autopsy that show THC, a key component of marijuana, in his bloodstream.
The new motion, written by defense lawyer Donald West, says the defense plans to argue that, "it is likely that Trayvon Martin was under the influence of marijuana at the time of his death and that his thinking and judgment were impaired at least to some degree."
The motion filed on Tuesday argues against a state request last week to prevent the defense from using Martin's toxicology report at Zimmerman's trial.
Although the state wants to keep Martin's past out of Zimmerman's second-degree murder trial, the defense appears to be pushing to use Martin's alleged past drug use and to imply that Martin was "under the influence of marijuana at the time of his death and that his thinking and judgment were impaired."
The motion states that Dr. Bruce Goldberger, the toxicologist for the prosecution, said at a deposition that Martin may have used marijuana within a couple of hours of his death or it could have been longer than that depending on whether Martin was a chronic user or occasional user.
"From other evidence in the case, it is known that Trayvon Martin brought marijuana with him from South Florida to use while he was in Sanford and that he used it at least one time after arriving in Sanford prior to his death," West writes in the motion. "Trayvon Martin was suspended from school for possessing a baggie containing marijuana residue and was known to smoke marijuana with his friends."
In a footnote to the line in the motion, the defense says, "This is why Trayvon Martin was in Sanford rather than in school in Miami where he lived."
The defense also states the toxicology report is necessary in the trial because Zimmerman's non-emergency call to police, he describes Martin as appearing as though he was "on drugs."
In the motion, the defense also argues that the 7-Eleven surveillance video shows Martin "'sways' at the counter at the counter as if he's under the influence of some substance."
West continues that the jury should be allowed to give the evidence of Martin's toxicology report, "whatever it believes it should" and that it is "relevant for the jury to consider when it evaluates Martin's actions that night."
The defense also filed another motion on Tuesday that said the state's audio experts is charging too much for his time for a deposition.
Zimmerman is charged with second-degree murder in Martin's February 2012 death. He has claimed self-defense. The next hearing in Zimmerman's case is slated for May 28.