The picture of George Zimmerman's lawyer went viral after Mr West's daughter posted it on her Instagram account.
It shows Mr West and his family eating ice cream, with the caption 'We beat stupidity celebration cones #zimmerman #defense #dadkilledit', during a break in the Florida trial.
Mr West was back in the courtroom on Friday when the picture went viral. His daughter Molly, who owned the Instagram account, walked out of the room during the trial, followed by her sister Rachel.
Shawn Vincent, a spokesman for the defense team, said that she volunteered to leave when she realized the impact her picture had made.
When Mr West was asked about the photo during a break in proceedings, he confirmed that he had taken it on his camera phone.
Mr West had being 'doing something he does almost every day, an old tradition with his daughters,' Mr Vincent told Local 10.
He added that the defense attorney had no idea his daughter had put the picture, which was taken on the opening day of the trial on Monday, on Instagram.
The hashtag comment #dadkilledit brought extra criticism of being insensitive at the murder trial of Trayvon Martin, according to the Huffington Post.
The Instragram picture, with the 'We beat stupidity' caption was posted in the week that Mr West questioned witnesses, including Rachel Jeantel, who was the last person to speak to Trayvon.
During an often tense and uncomfortable cross-examination, the 19-year-old clashed with Mr West - at one point replying 'That's retarded sir,' when asked if Trayvon attacked Zimmerman.
Jeantel was also forced to admit in court that she could not read a letter she allegedly wrote last year about the 17-year-old's shooting, saying, 'I don't read cursive.'
The defense attorney is known for his experience dealing with high-profile murder cases, including some of the most notorious killers the Sunshine State has ever seen.
Mr Vincent said the defense team accepted that the comments were 'grossly insensitive' during Zimmerman's trial for second degree murder.
In a statement Mr West said: 'As a parent, we're not always proud of things our children do, but we love them anyway, and then we move on.'
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