George Zimmerman defense attorney 'not proud' of celebration photo

State seeks inquiry after Don West posts picture to Instagram

(Instagram photo via Facebook)

SANFORD, Fla. – The state on Tuesday filed a motion for inquiry after a photo showing George Zimmerman attorney Don West and his daughters eating ice cream cones with the caption, "We beat stupidity celebration cones" was apparently posted on Instagram the same day Rachel Jeantel testified in court.

The testimony of Jeantel, considered as the state's star witness, concluded on June 27--the same day the photo was apparently posted on West's daughter's Instagram account, according to the motion.

The photo shows West posing for a picture with ice cream cones with his daughter, who posted the picture on her Instagram account "including references of to the 'stupidity' of the witness and in this murder trial, 'dad killed it,'" according to the state's motion. The caption to the photo reads, "We beat stupidity celebration cones #zimmerman #defense #dadkilledit."

The state claims it was taken and posted after Jeantel finished testifying last Thursday, but the defense spokesman said it was definitely taken Tuesday, before Jeantel was called. A comparison of West's tie in the photo and in court on Tuesday also appears to support Tuesday being the day it was taken.

"The defense counsel's spokespersons have admitted that the posting was certainly 'insensitive' ... and co-counsel further admitted that he was "not ... proud" about the posting of the photograph and caption but intended to simply 'move on,'" the state wrote in its motion.

The state is asking for the judge to ensure witnesses and court proceedings are "treated with respect and not as occasions for inappropriate jokes." The motion also seeks the judge to conduct an inquiry into the matter, if Judge Debra S. Nelson deems it appropriate.

It's not clear how West's daughter's private posting was accessed, but it came to light after it was posted to Twitter.

Jeantel testified that she was on the phone with Trayvon Martin during the altercation between Zimmerman and Martin, moments before he was shot.

Zimmerman is charged with second-degree murder in Martin's death and is pleading not guilty, claiming self-defense.