George Zimmerman Trial Update

A judge has rejected a motion to delay the second-degree murder trial of George Zimmerman, the man facing murder charges in the death of Florida teenager Trayvon Martin.

According to reports, Zimmerman’s attorneys needed more time to research one of the state’s witnesses. 

Circuit Judge Debra. S Nelson says both sides have had enough time to prepare. Jury selection is set to begin on June 10.

Nelson also denied the state’s third attempt at a gag order on Tuesday as pretrial publicity generated with a court filing by Zimmerman’s attorney. Attorney’s say the teenager’s text messages show he was “hostile” and had been arguing with someone on the day he died.

Judge Nelson ruled that Martin’s text messages and school records are not admissible; however, she left  the possibility open if the defense could show relevance later during the trial.

In an interview on MSNBC’s “Politics Nation,” Former U.S. Attorney Kendall Coffey says Zimmerman’s attorney is attempting to try the case in the court of public opinion.

“It’s inflammatory, it’s damaging, and frankly potential jurors are going to find it very hard to unsee what they are already seeing on television, the Internet and in newspapers,” said Kendall Coffey.

Prosecutor Paul Henderson says the information could be harmful.

“They only reason that they are including it as evidence that they would like to introduce, when they know that it won’t be introduced, is to try to and taint the jury pool, and to try and change public perception with this information that they have.”

In the interview, Coffey and Henderson discuss the role of the 911 tapes in the case.

Watch the rest of the interview here.

Kendall Coffey "Spinning The Law" segment on Newsmax TV

Former U.S. Attorney Kendall Coffey will now appear in a new weekly segment called “Spinning The Law.” The segment which runs on Newsmax TV’s “The Steve Malzberg Show” provides legal commentary and insights on high profile cases just like Coffey’s book also titled “Spinning The Law.”

In the first segment of “Spinning The Law”, Malzberg and Coffey discuss recent comments made by former Supreme Court Justice Sandra Day O Connor over the Florida Election recount of 2000. In an interview with the Chicago Tribune, O’Connor expressed regret over the Bush vs. Gore ruling.

“Obviously the court did reach a decision and thought it had to reach a decision,” she said. “It turned out the election authorities in Florida hadn’t done a real good job there and kind of messed it up. And probably the Supreme Court added to the problem at the end of the day.”

Kendall Coffey said he disagrees with the Supreme Court’s decision but it isn’t a good look for the image of the court to be second-guessing itself. He believes the system has to move on.

“It’s all about accepting and respecting their decisions and accepting finality when it’s a final decision. I appreciate her candor, but I’m not sure if it’s a great thing for the institution of the Supreme Court,” said Kendall Coffey.

Coffey and Malzberg also discuss the possibility of capital punishment in the Boston Marathon bombing case and California’s new legislation that could potentially make non-citizens eligible for jury service.

Watch the rest of the “Spinning The Law” segment here.

Kendall Coffey on the Boston Marathon Bombing suspect

GOP leaders are calling for the Boston Marathon bombing suspect Dzhokhar Tsarnaev to be treated as an  “enemy combatant,” but the White House says Tsarnaev will be Kendall Coffey on MSNBC

Republican Rep. Peter King of New York and GOP Sens. Lindsey Graham of South Carolina, John McCain of Arizona, and Kelly Ayotte of New Hampshire believe it would help authorities gather intelligence.

"By declaring him an enemy combatant, there would be by virtue at least 30 days of unlimited interrogation,” King told MSNBC earlier in the day. King insists once the interrogation is over, Tsarnaev would be tried in a civilian court.

Sen. Dianne Feinstein argues that it would be unconstitutional to do so.

"I do not believe under the military commission law that he is eligible for that. It would be unconstitutional to do that," Feinstein said on "Fox News Sunday."

"Let me say this … one of the great things about America is that we come together at times of trial," said Feinstein. "I very much regret the fact that there are those that want to precipitate a debate over whether he's an enemy combatant or whether he is a terrorist, a murderer, et cetera."

Former U.S. attorney and MSNBC legal analyst Kendall Coffey on Twitter says he agrees with the White House’s decision. Kendall Coffey says you have to be part of an enemy force to be considered an enemy combatant.

“I don’t think being part of a general hatred of the United States is nearly enough…If we start throwing the Constitution out, we’re going to lose the real war for our values.”

"The Obama administration is trying to demonstrate civilian tools are adequate and tough enough to make everybody safe," Kendall Coffey stated, but that has included extending the public safety exception for Miranda rights. Mr. Coffey believes the administration is using this case to establish that “we don’t need to ship everyone down to Guantanamo.”

While liberals and constitutional scholars may not agree, Mr. Coffey said, “the administration may see it as something that’s needed to preserve civilian jury trials.”

Jonathan Turley, a law professor at George Washington University, called Graham’s rhetoric “alarming.” MSNBC’s Chris Matthews asked if he could be swayed by evidence in the future that may possibly show that Tsarnaev is linked to terrorist groups, Turley said “”No. He’s a U.S. citizen. He has presumption of innocence.”