The hearing would use evidence collected by the defense – and likely testimony from Zimmerman – in a mini-trial to determine if Zimmerman acted in self-defense when he shot and killed 17-year-old Trayvon Martin in February.
Judge Kenneth Lester would preside over the hearing and make the determination to dismiss the charges, according to the Stand Your Ground Law. Unlike a criminal trial, the burden will lie with the defense to prove that the evidence fits the conditions of the Stand Your Ground Law.
On Zimmerman’s defense website O’Mara wrote, “Most of the arguments, witnesses, experts, and evidence that the defense would muster in a criminal trial will be presented in the 'Stand Your Ground' hearing.”
O’Mara also wrote that he anticipates collecting and identifying evidence as well as deposing witnesses and experts will take several months.
He wrote, “Preparing for the 'Stand Your Ground' hearing will require the same time and resources that would be necessary to prepare for a trial.”
Zimmerman has maintained that he shot Martin on Feb. 26 in The Retreat at Twin Lakes after he was attacked and beaten. However the probable cause affidavit issued for his arrest said Zimmerman “profiled” and “confronted” Martin before shooting him.
Zimmerman is currently out of jail on a $1 million bond and is staying in a safe house in Seminole County. If convicted of second-degree homicide he would face life in prison.