State Attorney's investigator Dale Gilbreath testified earlier. O'Mara questioned him about the probable cause affidavit he signed for the second-degree murder charge. Gilbreath said he did not expect to testify at the hearing.
O'Mara grilled Gilbreath on his use of the word "profiling" in describing Zimmerman's behavior that night, asking why he used the term. Gilbreath said the term indicates that Zimmerman saw the teen, then formed an opinion of him not based on any facts.
O'Mara asked Gilbreath about unattributed statements in several sections of the affidavit.
"'Zimmerman confronted Martin.' Those words, where'd you get them from," O'Mara asked.
"According to one of the witnesses that we talked with, there were arguing words going on before this incident occured," Gilbreath said. He said "confronted," the word O'Mara took issue with, was one of probably 30 he could have used.
Prosecutor Bernie De La Rionda then questioned Gilbreath. He asked is there was any evidence that Trayvon Martin shouldn't have been in the neighborhood where the shooting occurred, or was breaking any law. Gilbreath said no.
Gilbreath testified that there is video of Trayvon Martin buying Skittles and iced tea before the shooting. He also said that Trayvon was unarmed.
During further questioning by O'Mara, Gilbreath admitted that the state has no evidence who started the fight. There is also no evidence that Zimmerman didn't walk back to his car after chasing Martin on foot, as the defendant has claimed.