An Instagram photo that was posted by Molly West, the adult daughter of Don West, George Zimmerman’s defense lawyer, is creating some debate in a trial that is already filled with chaotic details and intense emotion. The viral image is being called “inflammatory” by the prosecution and a motion for an official inquiry has been filed, according to WESH-TV.

Originally posted on June 28, the photo shows West and his children eating ice cream purportedly following the attorney’s cross-examination of Rachel Jeantel. The controversial caption accompanying the image reads, “We beat stupidity … celebration cones #zimmerman #defense #dadkilledit.”

The image quickly went viral and was a focus of debate before the prosecution filed its motion decrying its contents and the spirit of the words conveyed in the caption.

We Beat Stupidity: Zimmerman Prosecutors Ask Judge for Official Inquiry Into Defense Attorneys Ice Cream Photo

Screen shot from Instagram

“Following her trial testimony … co-counsel apparently celebrated his performance,” the state wrote in the motion, which was filed by Assistant State Attorney Richard Mantei, calling for Judge Debra Nelson to launch an investigation into the Instagram posting.

The main gripe is that witnesses should be treated with respect as should the trial process. Prosecutors charged that it is up to the judge to ensure that witnesses aren’t faced with “inappropriate jokes.”

But West isn’t backing down so easily, as the defense’s response to the motion notes that the image was taken Tuesday (before Jeantel took the stand) and that the metadata corroborates this fact.

The date on the photo posted on what appears to be Molly West’s Instagram is Friday, June 28, although that does not mean that the image was taken that day. In fact, it may have been captured Tuesday and then uploaded later to the platform.

“The picture was intended to capture a private family moment and was never intended to be a comment on the trial or testimony of any witness,” West said through a spokesperson. “As parents, we’re not always proud of the things our children do, but we love them anyway and try to move on.”

The photo was originally taken by the attorney.

(H/T: WESH-TV)