he is not in the courtroom this morning. that is somewhat of a surprise as attorneys for both sides are arguing this long list of motions. judge debra nelson already deciding this morning a number of things. martin's cell phone pictures and texts are not going to be relevant for the jury to see. pictures such as martin smoking pot, pictures of marijuana plants, a photo of a handgun, perhaps he was trying to sell a gun and was involved in fighting. aside from the fighting the judge rules it is not really pertinent, all of which zimmerman's attorneys want it available. >> the idea of marijuana use is going to be intertwined with the behavior that happens the night that for whatever reason led to the altercation. the state says my guy was the aggressor. the state says trayvon martin is the aggressor. studies suggested aggressive behavior can be residual from marijuana use. >> reporter: judge nelson did allow the toxicology