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Two larger photos provided by Orlando Sentinel via court-ordered pool coverage. / Judge Kenneth Lester Jr., is out and Judge Debra Nelson is in as the presiding judge in the State of Florida vs. George Zimmerman, shown here between his attorneys, Mark O'Mara and Don West. Nelson's photo was provided by the 18th Judicial Circuit's clerk of the court.
DAYTONA BEACH -- The presiding judge in the criminal case against accused killer George Zimmerman in the fatal shooting of Trayvon Martin recused himself Thursday following a ruling by the 5th District Court of Appeal in the defendant's favor.
Circuit Judge Kenneth Lester, Jr. executed an order to "disqualify" himself from further proceedings in the State of Florida v. George Zimmerman.
Lester spelled out his order as follows:
"This Court shall not hear any further matters relating to this cause."
"This file shall be returned to the Chief Judge for re-assignment in accordance with Circuit policy."
Simply stated, it means Zimmerman's attorneys got what they wanted in having Lester removed from the case and now move onto their third judge in Debra Nelson.
Chief Judge Alan Dickey of the 18th Judicial Circuit, which includes Seminole County where the criminal proceedings are being held, has reassigned the case to Nelson, the next judge in the normal rotation of the criminal division.
The 5th DCA on Wednesday ordered Lester off the case, agreeing with Zimmerman' attorneys that comments the judge made in his $1 million bond order on July 5, were strong enough to convince a reasonable person that he could be biased against the defendant. The judge had described the 28-year-old Sanford man as a manipulator who was trying to conceal $130,000 he received from supporters online and that he hadn't turn over a spare passport.
Zimmerman was last before Zimmerman on June 29, when his attorneys, Mark O'Mara and Don West, sought minimal bond after the defendant's truthfulness was called into question about his finances. Six days later, the judge $1 million bail.
The defense attorneys took Lester's comments as a strong showing that Zimmerman would not be able to get a fair trial if the judge were to remain on the bench.
Lester disagreed and refused the the defense call for him to step aside in his Aug. 1 response, stating: "The court finds the (defense) motion to be legally insufficient."
The attorneys subsequently sought relief from the 5th DCA.
Zimmerman remains free on the $1 million bond awaiting trial on the second-degree murder charge in the Feb. 26 shooting of the unarmed teen, who was returning from a nearby 7-Eleven where he purchased ice-tea and some Skittles on his way back to the gated community in Sanford where the Miami boy's father, Tracy Martin, was visiting his girlfriend.
Zimmerman, who was patrolling the neighborhood, said he fired a single shot killing Trayvon because he was standing his ground while staving off a violent attack from the teen. Sanford police did not charge Zimmerman in he fatal shooting, reiterating the 27-year-old Zimmerman's claim that he was standing his ground and had the right to use lethal force because he feared for his life.
Sanford PD's decision led to mass demonstrations around the country and made worldwide headlines with an emphasis placed on Trayvon Martin's hoodie and racial stereotypes.
Zimmerman, who is of white and Latino heritage, was eventually charged with second-degree murder after Gov. Scott appointed Angela Courey as special prosecutor to investigate the fatal shooting. She filed the murder charge, based on evidence she said showed Zimmerman was profiling the teen and shot and killed him in cold blood, even after a 9-1-1 told Zimmerman not to follow Martin.
Zimmerman could get life in prison, if convicted at trial.
Editor's Note: Headline Surfer has been covering the legal proceedings in the State of Florida vs. George Zimmerman from the onsetand will continue to report on the proceedings and any other related developments.
Here is a video montage of the case by Headline Surfer, the 24/7 Internet newspaper in New Smyrna Beach, originally called NSBNews.net, leading off with an exclusive interview below with Trayvon Martin's parents, Sybrina Fulton and Tracy Martin, during a protest rally in Miami shortly after the gunshot slaying.
These four videos, including the brief interview with the Rev. Al Sharpton, were shot at a big protest demonstration rally in Miami where Trayvon Martin's parents agreed to the interview.
The first two videos here highlight 9-1-1 calls made the night of the shooting. The third video highlights a protest march by college students from Daytona Beach to the Sanford police department in after police there agreed with Zimmerman's stand-your-ground killing justification.
Headline Surfer is Florida's first 24/7 Internet newspaper launched April 7, 2008, initially as NSBNews.net. It is based in New Smyrna Beach, covering Volusia County and throughout the Orlando Metropolitan Area via HeadlineSurfer.com, NSBNews.net and VolusiaNews.net. "Headline Surfer" is a registered trademark owned by NSB News LLC, for editorial, marketing and advertising purposes. All rights reserved.