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Hate Crimes Trial in Ahmaud Arbery Killing: Live Updates

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Credit…Pool photo by Stephen B. Morton

A federal prosecutor opened the hate crimes trial of Ahmaud Arbery’s killers on Monday afternoon by describing racist views that the three men had previously expressed, in some cases by using the coarsest of slurs.

The men, who were convicted of murder in a state court last year, had made erroneous assumptions about Mr. Arbery, the prosecutor said, because of the color of his skin.

“At the end of the day, the evidence in this case will prove that if Ahmaud Arbery had been white, he would have gone for a jog, checked out a house under construction and been home in time for Sunday supper. Instead he went out for a jog, and he ended up running for his life. Instead he ended up bleeding to death, alone and scared, in the middle of the street.”

The opening statement by Bobbi Bernstein, a lawyer with the Justice Department’s civil rights division, laid out in the starkest terms the racism that the government believes to be at the heart of the decision by the three men — Gregory McMichael, 66, his son Travis McMichael, 36, and their neighbor William Bryan, 52 — to pursue Mr. Arbery, a 25-year-old Black man, through their neighborhood on the afternoon of Feb. 23, 2020.

Ms. Bernstein recounted the harrowing five-minute chase by truck through the neighborhood, which ended when the younger Mr. McMichael shot Mr. Arbery, who was unarmed, at close range with a Remington shotgun.

The McMichaels, Ms. Bernstein said, were operating on a number of false assumptions when they suspected Mr. Arbery of committing a series of break-ins in their neighborhood. She noted that Gregory McMichael told police officers, shortly after the shooting, that Mr. Arbery had “broken into multiple houses over and over” and had probably stolen a gun from his son’s truck.

None of that, Ms. Bernstein said, was true.

Ms. Bernstein also laid out some of the evidence of the men’s racist thinking — thinking that the prosecution will use to buttress the argument that the men chased Mr. Arbery because he was Black.

She said Travis McMichael referred to Black people as “animals,” “criminals,” “monkeys,” “subhuman savages” and “niggers,” including in an electronic exchange with a friend who had sent a video of a Black man sticking a firecracker up his nose.

It would have been “cooler,” Mr. McMichael replied, using a racial slur, if the firecracker had blown the man’s head off.

Ms. Bernstein, in her arguments, repeated the racial epithets aloud, underscoring the ugliness of the men’s language. Although some of the evidence had been foreshadowed in court documents, it was jarring to hear it spoken for the first time in open court.

Ms. Bernstein also described a time that Gregory McMichael had ranted against Black people to a work colleague and described his animosity toward the civil rights leader Julian Bond, who had recently died.

The prosecutor also said that Mr. Bryan, just days before the chase of Mr. Arbery, had used a racist slur when referring to a Black man that his daughter had been dating, and called him a monkey.

Ms. Bernstein said that Mr. Bryan knew nothing about Mr. Arbery’s visits to a house under construction in the neighborhood — one of the main reasons that the McMichaels had been suspicious of Mr. Arbery, who had stopped by that house moments before they began to chase him.

She said that Mr. Bryan simply saw an unarmed Black man running down the street, being chased by men in a truck. His first thought, she said, was to help the pursuers. So he too gave chase.

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In Arbery Hate Crimes Trial, Racism Will Take Center Stage

ATLANTA — The killing of George Floyd catalyzed a period of national soul-searching about race and racism that has touched nearly every aspect of American life. But in a number of high-profile trials since then — including in the murder of Mr. Floyd and the killing of Ahmaud Arbery — prosecutors have carefully avoided putting racism itself on center stage.

That changes as soon as this week, as federal prosecutors try to prove that the white men who killed Mr. Arbery, a 25-year-old Black man, committed a federal hate crime when they chased and killed him “because of Arbery’s race and color,” as their indictment puts it.

In the upcoming trial, prosecutors are almost certain to feature ugly evidence, culled from seized cellphones and other sources, seeking to prove that the three Georgia residents — Travis McMichael, 36, his father, Gregory McMichael, 66, and their neighbor William Bryan, 52 — harbored racist views before the afternoon in February 2020 when they gave chase to Mr. Arbery.

In one potential preview of the evidence to come, an F.B.I. agent testified at a Jan. 31 hearing that Travis McMichael’s text message history and social media posts include instances of his calling Black people “monkeys” and “savages,” and contain “evidence where the defendant expressed desires for crimes to be committed against African Americans.”

But racism alone isn’t a crime; experts say that prosecutors must convince a jury that it motivated the men to pursue and harm Mr. Arbery. The defendants have said that they pursued Mr. Arbery because they suspected him of break-ins in their neighborhood.

As a result, the trial presents a test for President Biden’s Justice Department and for Attorney General Merrick B. Garland, who has made the prosecution of hate crimes one of his top priorities.

“This is going to be a difficult case to prove,” said Deval L. Patrick, the former governor of Massachusetts who headed the Justice Department’s Civil Rights Division under President Bill Clinton. “It doesn’t mean the case isn’t there to be made.”

In state court, the three defendants have already been convicted of murder and have been sentenced to life in prison, with only Mr. Bryan’s sentence including the possibility of parole. All three could each face a maximum life sentence if found guilty in the federal trial.

On a practical level, a conviction in federal court would ensure that the defendants receive significant prison time even if their state murder convictions get overturned or their sentences reduced on appeal. On a symbolic level, the federal case gives prosecutors the opportunity to demonstrate the Justice Department’s commitment in fighting hate crimes.

But as prosecutors present the jury with explicit expressions of bigotry, the trial may also prove to be a difficult moment for a nation that remains bitterly torn over the extent to which its residents should openly confront the realities of American racism, both past and present.

Many are welcoming that confrontation, no matter how the jury rules. In Brunswick, the coastal Georgia city close to the neighborhood where Mr. Arbery was killed, the Rev. Darren West viewed the original murder trial as about not just a heinous crime but also the story of the everyday inequities and injustices experienced by African Americans in his community. In the murder trial, prosecutors made what appeared to be a strategic decision to largely sidestep issues of race as they presented their case to a nearly all-white jury.

Now, Mr. West is bracing for a new trial that will reveal the harsh and casual language of racism. It will be both uncomfortable and necessary, he said.

“Race and racism was always a part of this case. It was just unspoken. Now, race or racism will actually be on trial,” said Mr. West, who has led marches and rallies protesting Mr. Arbery’s death. “I think what we will hear is the kind of stuff this nation has been running away from or covering up for a very long time.”

The three men were charged with hate crimes and attempted kidnapping in a federal grand jury indictment in April 2021, nearly a year after their arrest on murder charges by the Georgia Bureau of Investigation. The McMichaels are also charged with one count each of having or discharging a firearm during a violent crime.

A jury will decide their fate at a time of rising hate-fueled violence and intimidation in the United States. According to the Federal Bureau of Investigation, there were 8,263 reported hate crimes in 2020, the highest level since 2001.

A forthcoming study by the Center for the Study of Hate and Extremism at California State University in San Bernardino notes that the number of anti-Black hate crimes in 2020 was the highest recorded since 2008, the year of Barack Obama’s presidential win.

Mr. Garland has vowed to sharpen the federal response, including better incident reporting and law-enforcement training.

But hate crimes are particularly hard to prove. Between 2005 and 2019, the Justice Department pursued just 17 percent of suspected hate crime cases for prosecution, according to a report released in July 2021.

When it does decide to prosecute, the cases usually end with defendants pleading guilty. In the Arbery case, a judge in late January rejected a proposed plea deal between federal prosecutors and the McMichaels after Mr. Arbery’s family members objected.

The federal government has a number of statutes it may rely upon to accuse someone of a hate crime. The Georgia defendants were charged under a 1960s-era statute that prohibits using threats or violence to prevent people from engaging in activities like voting, attending a school, dining at a lunch counter or, as in Mr. Arbery’s case, enjoying the use of a public street, because of their “race, color, religion or national origin.”

The Justice Department’s decisions about whether to bring hate-crimes or other civil rights-related charges have become a common plot point in a number of infamous acts of violence.

After a group of Los Angeles Police Department officers involved in the 1991 beating of Rodney King, a Black motorist, was acquitted by a California jury, setting off days of rioting, justice officials secured civil-rights indictments against the officers and won convictions against two of them.

Decades later, the Justice Department declined to bring civil rights charges against George Zimmerman, the Florida man who in 2012 fatally shot Trayvon Martin, a 17-year-old Black youth.

More recently, in a highly publicized state trial last April, a jury found Derek Chauvin, the white former Minneapolis police officer, guilty of murder in the killing of George Floyd. In December, Mr. Chauvin pleaded guilty to federal charges of depriving Mr. Floyd of his civil rights by using unreasonable force on him.

But the lawyers in Mr. Chauvin’s murder trial treaded lightly when it came to race matters, much like the murder trial of the three Georgia men. In both trials, video footage of the violence perpetrated against the Black victims gave prosecutors a powerful tool in persuading jurors to arrive at guilty verdicts.

In the Arbery case, it is unclear if federal prosecutors will be able to introduce one of the most explosive allegations of racism, which emerged in a pretrial hearing in the state case: an accusation by Mr. Bryan that Travis McMichael used a racist slur shortly after fatally shooting Mr. Arbery.

Legal experts say that because Mr. McMichael has a constitutional right to confront his accuser, the judge may allow the accusation to be aired only if Mr. Bryan takes the stand. And because Mr. Bryan is also on trial, he could exercise his right not to testify. (Mr. McMichael’s lawyers dispute that he used the slur after the shooting.)

The proposed plea deals for the McMichaels amounted to an admission, on their parts, that they had been motivated by race when they went after Mr. Arbery. But the details of their scuttled agreements will not be admissible at trial.

A possible blueprint for the federal prosecutors’ case emerged at the Jan. 31 hearing over the plea deals. Tara M. Lyons, assistant U.S. attorney for the Southern District of Georgia, said that Travis McMichael did not belong to hate groups and did not “set out” to harm a Black person on the day of the killing. Rather, she said, “he had made assumptions about Ahmaud Arbery that he would not have made if Ahmaud Arbery had been white.”

The jury may have to decide whether such assumptions amount to sufficient evidence to prove a racial motive for the crime.

If that is what the trial boils down to, it may prove difficult to secure convictions, said Arthur Ago, director of the Criminal Justice Project at the Lawyers’ Committee for Civil Rights Under Law.

But no matter the outcome, Mr. Ago said, the trial will send a signal from the federal government: “If you have biases, and you are acting on those biases in a way that might not be explicit, we will come after you. Because that is a hate crime.”


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FedEx driver D’Monterrio Gibson’s shooting inspired by Ahmaud Arbery murder

A white father and son accused of shooting a black FedEx driver as he delivered packages in Mississippi were inspired by the murder of black Georgia jogger Ahmaud Arbery, lawyers for the victim claimed.

Driver D’Monterrio Gibson, 24 was delivering packages in Brookhaven on Jan. 24 when two strangers in a pickup truck chased his unmarked van for seven minutes and fired at the vehicle at least five times, lawyers said at a Thursday press conference.

Brandon Case, 35 was charged with weapons and assault charges while his father, Gregory Case, 58 faced conspiracy charges, according to The Washington Post. The suspects were reportedly released on bond one day after being charged, a week after the shooting.

“They came out of nowhere,” Gibson said. “Even if [the van] was unmarked, civilians still can’t take the law into their own hands.”

“I’m thinking this is a racism thing,” Gibson, who was not injured during the attack, added.

Brandon Case (right) was charged with weapons and assault charges, while his father, Gregory Case (left), will face conspiracy charges — as both were released on bond.
AP Photo / Lincoln County, Miss., Sheriff’s Department

Lawyers for Gibson demanded a federal hate crime charge and asserted Thursday that local prosecutors dragged their heels on the case.

Attorney Carlos E Moore said Gibson was shot and pursued for being “black while working.”

He believed the Case men attacked him because they thought he didn’t belong in their neighborhood, drawing the comparison to the Georgia father-and-son duo that admitted to chasing and killing Arbery in 2020 along with another man.

“These people tried to be copycats, and that’s why we need full justice, not Mississippi justice. This man went to work, and they attacked him like he was a wild animal,” Moore said, claiming the incident was “clearly a copycat crime.”

D’Monterrio Gibson was delivering packages when Gregory and Brandon Case chased his FedEx van and fired at the vehicle.
AP

“Some semblance of justice was served, but we’re disappointed since we think the charges should be attempted murder because that’s what it was,” Moore said.

Brookhaven Police Chief Kenneth Collins told local station WLBT Thursday that the FBI had picked up the case that his office had built against the father and son.

“They come down this morning and got the case file and they’re going to investigate it on the federal hate crime side, because only a federal agency can do that. We are just local, we can’t bring that charge,” Collins said.

D’Monterrio Gibson stands with his legal team of attorneys — as his lawyers demanded a federal hate crime charge and asserted that local prosecutors dragged their heels on the case.
AP

Gibson recounted the attack to the Mississippi Free Press last week, saying Gregory Case cut him off in his truck while Brandon tried to gun him down.

“There’s another guy standing in the middle of the street pointing a gun at my windows and signaling to me to stop with his hands, as well as mouthing the word, ‘Stop.’ I shake my head no, I hide behind the steering wheel, and I swerve around him as well,” he told the newspaper. “As I swerve around him, he starts firing shots into my vehicle.”

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Gregory McMichael will face trial on federal hate crime charges in Ahmaud Arbery killing after withdrawing plea agreement

Attorneys for Gregory McMichael informed the court that the prior plea agreement over hate crime charges is null and void, according to court documents filed Thursday in federal district court. Trial proceedings are slated to begin Monday. He has pleaded not guilty.

The federal charges include one count of interference with rights and one count of attempted kidnapping, according to an indictment.
Gregory McMichael was found guilty on state charges and sentenced last month to life in prison for his role in the 2020 killing of Ahmaud Arbery, a Black man who was chased and gunned down after jogging near Brunswick, Georgia.
Travis McMichael, Gregory’s son and the man who shot and killed Arbery, will make a court appearance Friday for a change of plea hearing, according to the court docket. His plea deal with prosecutors was rejected by a federal judge Monday.

Travis McMichael had agreed to plead guilty to a single hate crime charge — interference with rights — in exchange for prosecutors recommending he serve 30 years in federal prison.

After completing the federal sentence, he would’ve been returned to Georgia to finish his sentence of life in prison without parole. Five of those final years would have counted toward his supervised release from federal prison.

Witnesses who spoke at Monday’s plea hearing included an FBI special agent, who testified that authorities searched Travis McMichael’s cell phone and social media accounts and found “frequent use of racial slurs” in reference to Black people.

US District Judge Lisa Godbey Wood said she was not comfortable with the sentencing guidelines. Arbery’s family also opposed the deal.

The Department of Justice respected the court’s decision to not accept the plea and had “entered the plea agreement only after the victims’ attorneys informed me that the family was not opposed to it,” Kristen Clarke, assistant attorney general for the Civil Rights Division, said in a statement provided to CNN.

The judge had been expected to rule separately on the same plea deal for Gregory McMichael, but after the judge rejected Travis’ deal, attorneys for both McMichaels asked for more time to decide whether to change their pleas to guilty.

A third individual found responsible for Arbery’s murder, neighbor William “Roddie” Bryan, was sentenced to life with the possibility of parole and also faces federal hate crime charges.

CNN’s Alta Spells, Raja Razek, Maria Cartaya, Elliot C. McLaughlin, Angela Barajas and Melissa Alonso contributed to this report.

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Gregory McMichael withdraws guilty plea in federal case over Ahmaud Arbery murder

Gregory McMichael, the retired Georgia police officer convicted in the killing of Ahmaud Arbery, informed a federal court Thursday evening that he has withdrawn his plans to plead guilty to federal hate crime charges connected to Arbery’s death after a federal judge this week rejected the terms of a plea agreement reached with the Justice Department.

Counsel for McMichael, the father of Travis McMichael, who shot Arbery in February 2020 three times at close range, informed U.S. District Court Judge Lisa Wood in a filing that they are now ready for him to stand trial on the federal hate crimes charges next week.

It is still not clear whether Travis McMichael similarly plans to withdraw his plans to plead guilty after the hearing earlier this week when Wood said she could not accept the terms of the plea agreement reached between the DOJ and the McMichaels, which would have constrained her ability to determine their sentence.

Wood told the men she wanted an answer by Friday.

If Travis McMichael also decides to withdraw his pleas, they will go to trial next week with their co-defendant William “Roddie” Bryan, who was not offered the same plea deal.

Gregory McMichael, 66, and his 36-year-old son were convicted of state murder charges last year along with Bryan, 52, and were all sentenced to life in prison, the McMichaels without the possibility of parole.

Friday’s decision by the McMichaels comes just days after Wood rejected a plea deal in which federal prosecutors guaranteed the men would be able to serve the first 30 years of confinement in federal prison.

During a hearing on Monday in U.S. District Court in Brunswick, Georgia, Wood said she felt “uncomfortable” approving a plea deal that locked her into giving the McMichaels a three-decade sentence in a federal penitentiary. She noted that the case was in its early stages and said, “I can’t say that 360 months is the precise, fair sentence in this case.”

Wood’s decision came on the heels of Arbery’s parents, Wanda Cooper-Jones and Marcus Arbery, giving impassioned statements in court. They asked the judge to deny the men their wish to go to federal prison, which is safer and better funded than most state prisons, according to legal experts.

“Granting these men their preferred conditions of confinement would defeat me,” Cooper-Jones told Wood. “It gives them one last chance to spit in my face after murdering my son.”

At Monday’s hearing, assistant U.S. attorney Tara Lyons said Travis and Gregory McMichael agreed to plead guilty to count one of a multi-count indictment alleging they interfered with Arbery’s right to enjoy the use of a public road he was jogging on “because of Arbery’s race and color.” Lyons said the agreement called for other charges to be dismissed, including attempted kidnapping and discharging a firearm during a violent crime.

The agreement also called for the McMichaels to waive their right to appeal in both the federal and state cases.

Arbery, 25, was fatally shot on Feb. 23, 2020, after the McMichaels saw him jogging in their Satilla Shores neighborhood near Brunswick, Georgia. They said they assumed Arbery was a burglar, armed themselves and chased him in their pickup truck. The McMichaels’ neighbor, Bryan, joined the pursuit, blocking the victim’s escape path with his truck.

Bryan also used his cellphone to record Travis McMichael fatally shooting Arbery with a shotgun, video that became integral to their state murder convictions.

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Ahmaud Arbery Killing: Judge Rejects Hate-Crime Plea Deal

ATLANTA — A federal judge on Monday rejected a plea deal from one of the three white men facing federal hate-crimes charges for the killing of Ahmaud Arbery, 25, the Black man who was chased through a Georgia neighborhood and fatally shot, court documents show.

The man, Travis McMichael, 36, had agreed to plead guilty, admitting for the first time that he had attacked Mr. Arbery because of his race.

But the judge rejected the agreement that Mr. McMichael had reached with the Department of Justice after strenuous opposition from Mr. Arbery’s family, who objected to the fact that it allowed Mr. McMichael to spend 30 years in federal prison, rather than in state prison.

“I’m asking on the behalf of his family, on behalf of his memory and on behalf of fairness that you do not grant this plea in order to allow these men to transfer out of Georgia state custody into the federal prisons where they prefer to be,” Wanda Cooper-Jones, Mr. Arbery’s mother, told the judge.

After rejecting the plea agreement, Judge Lisa Godbey Wood gave Mr. McMichael until Friday to decide whether to formally enter a guilty plea. She noted that Mr. McMichael’s father, Gregory McMichael, had been offered the same deal and gave him, too, until Friday to decide whether to plead guilty.

Travis McMichael and Gregory McMichael, 66, were found guilty of murder along with a third man, William Bryan, 52, in a Georgia state court in November.

Federal prosecutors argued on Monday that Mr. McMichael did not set out to hurt a Black person that day — but that he made racist assumptions about Ahmaud Arbery based on his skin color. Skylar Barnes, a special agent with the F.B.I., testified that there was evidence of racial animus on Travis’s phone, including frequent racial slurs.

The case was widely viewed as an act of racial violence. But while prosecutors in the state trial had considered introducing what they described as “racial” evidence, including inflammatory Facebook posts and text messages from the three men, they ultimately touched only lightly on racial themes in making their case to the nearly all-white jury.

On Sunday, federal prosecutors filed notice in U.S. District Court asking a judge to approve plea agreements for the McMichaels. Specific details about the plea deals were not included in the court filings. Nor was there any indication that an agreement had been struck with Mr. Bryan, who was involved in chasing Mr. Arbery through the neighborhood near Brunswick, Ga., in February 2020.

Ms. Cooper-Jones, denounced the pleas. In an interview late Sunday, Ms. Cooper-Jones said of the federal prosecutors: “They went behind my back. I’m totally, totally upset. My anxiety is over the roof.”

She said that federal officials had asked her earlier if she approved of a deal, and that she had told them no.

All three men were sentenced to life in prison by the state court. In the federal proceedings, the men are accused of hate-crime charges and attempted kidnapping, for which they face possible additional life sentences. Travis McMichael, who fired a shotgun at Mr. Arbery, also faces a weapons charge.

During the murder trial, lawyers for Travis McMichael — who fired his shotgun at Mr. Arbery three times at close range — had said that he had fired in self-defense.

Ms. Cooper-Jones said she wanted the federal trial to take place in order to put the self-defense argument to rest and to firmly establish that the men had been motivated by racism.

Mr. Arbery was unarmed when the three men chased him for several minutes through Satilla Shores, a middle-class neighborhood along Georgia’s southern coast. They said they had suspected Mr. Arbery of committing property crimes in the area. In video footage of the encounter, Mr. Arbery could be seen running as his pursuers chased him in two pickup trucks.

The chase ended when Mr. Arbery and the younger Mr. McMichael met in a violent clash. Mr. Bryan captured the violence on a video clip that was widely disseminated on the internet, leading to a national outcry and allegations that the killing had amounted to a modern-day lynching.

It is unclear which pieces of evidence might be introduced in the federal trial. In a pretrial hearing, state prosecutors read a text message from November 2019 in which Travis McMichael used a racist slur about Black people as he described the idea of shooting a “crackhead” with “gold teeth.”

In a federal court filing in late December, the lawyer for Mr. Bryan asked the court to exclude evidence that suggested Mr. Bryan had “racial animus” toward Black people, including racially insensitive text messages he had made around the Martin Luther King Jr. holiday and witness testimony “that would suggest Bryan did not approve of his adopted daughter dating an African American man.”

A Georgia state investigator has said that Mr. Bryan told the authorities that he heard Travis McMichael use a racist slur shortly after shooting Mr. Arbery. Mr. McMichael’s lawyers have disputed that claim.

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Ahmaud Arbery news – latest: Travis and Gregory McMichael sentenced to life without parole

Judge sentences Gregory and Travis McMichael to life for murder of Ahmaud Arbery

Gregory and Travis McMichael, white father and son convicted of murdering Black jogger Ahmaud Arbery, have been sentenced to life in prison without the possibility of parole plus 20 years.

A judge handed down the sentences in Glynn County, Georgia, on Friday afternoon. The McMichaels’ neighbour and co-defendant William “Roddie” Bryan Jr was sentenced to life with the possibility of parole after 30 years served.

The sentence came nearly two years after the three men chased Arbery, who was unarmed, through a neighbourhood in their trucks before shooting him in February 2020. The attack was captured in footage filmed by Bryan Jr.

All three men stood trial in November on nine charges: one count of malice murder, four counts of felony murder, two counts of aggravated assault, one count of false imprisonment and one count of criminal attempt to commit false imprisonment.

Travis McMichael was convicted of and received the top sentence for malice murder, while Gregory McMichael and Bryan Jr received their top sentences for felony murder.

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Arbery’s death ‘should force us to consider what a neighbour may be’ – judge

In his comments during sentencing, judge Timothy Walmsley referred to a statement made by Arbery’s mother at court on Friday.

“They chose to target my son because they didn’t want him in their community,” Wanda Cooper-Jones, Arbery‘s mother, had said earlier. “When they couldn’t sufficiently scare him or intimidate him, they killed him.”

In his sentencing, the judge quoted the mother’s remarks, saying they struck him as “very true”.

“At minimum, Ahmaud Arbery should force us to consider expanding our definition of what a neighbour may be and how we treat them,” the judge said.

Read more about Ms Cooper-Jones’ victim’s statement here:

Adam Withnall8 January 2022 05:05

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Family rejects plea deal for three killers’ federal hate crime charges

Ahead of Friday’s sentencing, it was revealed Arbery’s family rejected a plea deal that would have seen his killers spend 30 years in prison for federal hate crime charges.

The Department of Justice approached Arbery’s mother, Wanda Cooper-Jones, earlier this week about the deal, under which Travis McMichael, Gregory McMichael and William “Roddie” Bryan Jr would be sentenced to three decades in prison if they admitted they were motivated by hate when they shot dead the Black jogger.

Ms Cooper-Jones told CBS News she rejected the deal because she wants the men to face those charges in court.

The Independent’s Rachel Sharp has more:

Megan Sheets8 January 2022 04:00

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ICYMI: Victim impact statement from Arbery’s mom

Arbery’s mother Wanda Cooper-Jones said her son would have cut his toenails “if he knew he would be murdered that day” as she delivered an emotional victim impact statement at the sentencing of his three murderers.

Ms Cooper-Jones referenced comments made by one of the defence attorneys at trial where they described her son’s “long, dirty toenails”, sparking outcry over the attempt to paint Mr Arbery as a criminal and not as the victim.

“Turning Ahmaud Arbery into a victim after the choices that he made does not reflect the reality of what brought Ahmaud Arbery to Satilla Shores in his khaki shorts with no socks to cover his long, dirty toenails,” Gregory McMichael’s lawyer Laura Hogue said in closing arguments.

Ms Cooper-Jones, who was wearing a badge with a photo of her son, choked back tears as she referenced the derogatory comments about her son.

The Independent’s Rachel Sharp has more:

Megan Sheets8 January 2022 03:00

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ICYMI: Judge’s remarks at sentencing

Before delivering his sentencing decision, Judge Timothy Walmsley asked the court to sit in silence for one minute, saying it was a “fraction of the time that Ahmaud Arbery was running in Satilla Shores”.

“The chase in Satilla Shores went on over around a five minute period,” he said, saying he has been thinking of “the terror that must have been in the mind” of Mr Arbery during that time. As we all now know based upon the verdict in November, Ahmaud Arbery was murdered,” he said.

“It’s a tragedy, a tragedy on many, many levels. As we understand it, he left his home going for a run and ended up running for his life.”

The judge said he reached his decision to grant a lower sentence for Bryan because he believes he “stands in very different shoes” to the McMichaels.

He said he believes Bryan has shown remorse following the murder in his actions in the aftermath.

“He took steps early on in this process that demonstrated he had grave concerns that what occurred should not have occurred,” he said. “It does make Mr Bryan sit differently.”

However, he said that the verdict reached by the jury could not be disputed based on the evidence and that the outcome of the day could have ended differently if he hadn’t joined in the chase in his pickup truck.

By contrast, Judge Walmsley said that “very early on Gregory McMichael tried to establish a narrative” about the murder.

He quoted some of the 66-year-old’s statements in the aftermath including: “If I could have got a shot at the guy I would have shot him.”

He also pointed to Travis McMichael’s comments that it was the “worst day of my life”, pointing out the impact on so many other lives for the murder.

The footage of Travis McMichael “lifting the shotgun to fire at Ahmaud Arbery” showed a “truly disturbing scene” of a man who was “hunted down and shot”.

“And he was killed because individuals here in this courtroom took the law into their own hands,” he said. “When Ahmaud Arbery fell the McMichaels turned their backs.”

Superior Court Judge Timothy Walmsley

(REUTERS)

Megan Sheets8 January 2022 02:00

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RECAP: The sentences

Travis McMichael, 35, was sentenced to life without the possibility of parole plus 20 years on nine charges including malice murder after he shot Mr Arbery twice at close range with a shotgun.

Gregory McMichael was handed life without the possibility of parole plus 20 years on eight charges including felony murder. The 66-year-old armed himself with a firearm and jumped in his truck with his son that day, chasing him “like a rat” and threatening “stop or I’ll blow your f***ing head off!”

Bryan, 52, was sentenced to life with the possibility of parole after being found guilty on six charges including felony murder after jurors heard how he spotted his neighbours chasing Mr Arbery and jumped in his own truck to join in. He then used his vehicle as a “5,000-pound lethal weapon” to corner and attempt to strike the unarmed Black man.

All three were effectively handed life sentences as, under state law, life with the possibility of parole means parole can only be considered after 30 years in prison.

The Independent’s Rachel Sharp has more:

Megan Sheets8 January 2022 01:00

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Ahmaud Arbery’s mother ‘very thankful’ for life sentences

Wanda Cooper-Jones told CNN that her family was “very thankful” after the three men who killed her son were sentenced to life in prison.

“They got what they truly deserved today. I think we finally got justice for Ahmaud,” she told the news network.

Graeme Massie8 January 2022 00:36

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Arbery’s parents cry as sentences are handed down

A string of images captured Ahmaud Arbery’s family’s reaction to Friday’s sentencing.

Ahmaud Arbery’s mother Wanda Cooper-Jones, center, reacts as Superior Court Judge Timothy Walmsley sentences Greg McMichael, his son, Travis McMichael, and a neighbor, William “Roddie” Bryan in the Glynn County Courthouse on Friday

(AP)

Ahmaud Arbery’s father Marcus Arbery reacts as Superior Court Judge Timothy Walmsley sentences Greg McMichael, his son, Travis McMichael, and a neighbor, William “Roddie” Bryan in the Glynn County Courthouse on Friday

(AP)

(Getty Images)

Ahmaud Arbery’s father Marcus Arbery holds hand with supporters on Friday

(AP)

Megan Sheets8 January 2022 00:00

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Prosecution asks to bar defendants from profiting off killing

After the sentences were handed down, prosecutor Linda Dunikoski asked the judge to bar the defendants from making any money off of their convictions or trial – including from book or movie deals.

She said such a ruling would ensure the men “do not reap any sort of benefit from their actions”.

Ms Dunikoski added that should the defendants make any money off of this ordeal, the profits would be directed to the Arbery family.

Bryan Jr’s attorney responded by saying: “When the court does that, my only concern is how that would impact Mr Bryan’s ability to raise money for his defense, for his appeal. I wouldn’t want to be in a situation where he couldn’t do that inadvertently because of a sentencing condition.”

Megan Sheets7 January 2022 23:00

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ANALYSIS: What comes next?

Almost two years after Ahmaud Arbery was chased through a neighbourhood by three men in pickup trucks and shot dead in the street, his killers were told today they would spend the rest of their lives behind bars.

Travis McMichael, 35, and his father Gregory McMichael, 66, were both sentenced to life in prison without the possibility of parole.

Their neighbour William “Roddie” Bryan Jr was sentenced to life in prison with the possibility of parole.

However, the sentencing of the three murderers does not mark the end of the case.

All three men are expected to file appeals against their convictions. Meanwhile, they are also due to stand trial on federal hate crime charges in February.

The first district attorney to handle the case is also facing criminal charges over her handling of the initial investigation.

Arbery’s mother Wanda Cooper-Jones is also pursuing a civil lawsuit against police and prosecutors over their handling of the case.

Beyond this, many also feel the case could have far-reaching implications on so-called vigilante justice across America.

The Independent’s Rachel Sharp explains what to expect over the coming months:

Megan Sheets7 January 2022 22:24

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Arbery’s mother reacts to sentencing

The family of Ahmaud Arbery, whose killers were sentenced to life in prison without parole, thanked the outpouring of community support and commitment of civil rights advocates who have sought justice for his murder.

“I sat in that courtroom for five weeks straight,” his mother Wanda Cooper-Jones told reporters outside Glynn County Courthouse in Brunswick, Georgia on 7 January.

“But I knew we could come out with a victory,” she said. “I never doubted it. I knew today would come.”

She said the city of Brunswick “thought I would have to fight this fight alone, so they chose to ignore me.”

“They didn’t know I had you guys standing with me,” she added. “Thank you for standing with my family.”

The Independent’s Alex Woodward has more:

Megan Sheets7 January 2022 21:41

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How a Prosecutor Addressed a Mostly White Jury and Won a Conviction in the Arbery Case

BRUNSWICK, Ga. — The lawyer was from out of town, a prosecutor who had spent the bulk of her career in a large, liberal city, and she had been brought in to try the biggest case of her career: the murder of a Black man on a sunny afternoon by three white men just outside a small city pinned to the South Georgia coastline.

Despite the evidence of racism she had at her disposal, Linda Dunikoski, the prosecutor, stunned some legal observers by largely avoiding race during the trial, choosing instead to hew closely to the details of how the three men had chased the Black man, Ahmaud Arbery, through their neighborhood.

The risks went beyond her career and a single trial. Failure to convict in a case that many saw as an obvious act of racial violence would reverberate well outside Glynn County, Ga. For some, it would be a referendum on a country that appeared to have made tentative steps last summer toward confronting racism, only to devolve into deeper divisions.

On Wednesday, Ms. Dunikoski’s strategy was vindicated when the jury found the three men guilty of murder and other charges after deliberating for roughly a day. The convicted men — Gregory McMichael, 65; his son Travis McMichael, 35; and their neighbor William Bryan, 52 — are now facing life sentences in prison. They are also facing trial in February on separate federal hate-crime charges.

Kevin Gough, the lawyer who represented Mr. Bryan, credited Ms. Dunikoski with threading the most difficult of needles. She mentioned a racial motive just once during the three-week trial, in her closing argument: The men, she said, had attacked Mr. Arbery “because he was a Black man running down the street.”

“She found a clever way of bringing the issue up that wouldn’t be offensive to the right-leaning members of the jury,” he said. “I think you can see from the verdict that Dunikoski made the right call.”

A number of legal experts, in the moment, thought Ms. Dunikoski’s strategy to be a risky one. But many in Brunswick thought that she had proved savvy about what tone to strike in a Deep South community where, they said, race doesn’t have to be referenced explicitly for everyone to understand the implications.

Cedric King, a Black local businessman, said that the evidence against the defendants, particularly the video of Mr. Arbery’s murder, had been strong enough to stand on its own.

“Anybody with warm blood running through their veins that witnessed the video and knew the context around what transpired knew that it was wrong,” Mr. King said.

The case, from the beginning, echoed painful themes in the Deep South. The murder of a Black man by white men carrying guns, presented to a jury that included just one Black person. The rest were white. The jury had been put in place over the protests of Ms. Dunikoski, who had tried unsuccessfully to prevent potential Black jurors from being removed during the selection process by the defense lawyers. It was also a painful moment for Glynn County, a majority-white county that remains marked by the legacy of segregation.

Its county seat, Brunswick, had earned accolades, decades ago, for the way its Black and white leaders worked together to integrate schools and public facilities. But the selection of such a racially lopsided jury had sparked anger and mistrust in a county where more than one in four residents is Black. Neighboring Brunswick are four barrier islands known as the Golden Isles, a popular tourism destination that is also home to some of the wealthiest people in the country.

Before the trial Ms. Dunikoski, who is 54 and declined to be interviewed, had spent her career largely in the Atlanta metropolitan area, establishing a reputation as a tough-minded prosecutor going after murderers, gang members and sex offenders. By the end of the trial, she had won the trust of the Arbery family so deeply that they came to call her Auntie Linda.

The case took a tortuous route before landing in Ms. Dunikowski’s lap. Two local district attorney’s offices handled the case to begin with, but both eventually removed themselves from it, citing conflicts of interest; one of the former prosecutors, Jackie Johnson, has been criminally indicted over her handling of the case. It was in the hands of a third D.A.’s office before being passed to the more resource-rich Cobb County, where Ms. Dunikoski has worked since 2019.

Before joining the Cobb County office, Ms. Dunikoski had spent more than 17 years as a prosecutor in Fulton County, where one of her highest-profile cases was the trial of a group of Atlanta Public Schools teachers who were found guilty in 2015 of racketeering and other charges for altering students’ standardized test scores. Critics said the prosecutors had offered up a group of mostly Black educators as scapegoats for a school district that had much deeper systemic problems.

In 2009, according to The Associated Press, Ms. Dunikoski was jailed by a judge for failing to pay a $100 fine after the judge had cited her for contempt. The chief county prosecutor at the time reportedly engaged in a shouting match with the judge, arguing that he had unjustly harmed the reputation of an honest lawyer.

Observers said Ms. Dunikoski had succeeded in the trial over Mr. Arbery’s murder by finessing a difficult case with the right tone.

She presented her case to the jury with a style that was at times matter-of-fact and at times intimate and colloquial, like a strict high school principal who occasionally offers students a flash of her unguarded self. At some moments, she twisted her body into exaggerated, matador-like poses as she described the way she believed Mr. Arbery, in the moment he was shot, had tried to defend himself.

She led the jury through a thicket of detailed legal points as she pushed back against the defense’s argument that the three white men had pursued Mr. Arbery legally, under a state citizen’s arrest law that has since been largely gutted. And she sought to dismantle the idea that the man who pulled the trigger, Travis McMichael, had done so in self-defense.

In her rebuttal to the defense’s closing argument — the last word before jurors were sent off to decide the fate of the three men — Ms. Dunikoski made an appeal to common sense, offering up a general rule of life that she said the defendants had violated: “Don’t go looking for trouble.”

She had already told them that Mr. Arbery was killed because he was Black. Now she was telling them that the case wasn’t about whether the men were “good or bad people.” Rather, she said, it was “about holding people accountable and responsible for their actions.”

On Wednesday, as the jury deliberated, Mr. Arbery’s aunt, Theawanza Brooks, fretted over the fact that they did not have a T-shirt for Ms. Dunikoski with Mr. Arbery’s name on it. When Ms. Dunikoski briefly entered a room in the courthouse, where family members had been watching a video feed of the proceedings, another aunt cried out, “Linda, girl, you killed it!”

Soon after the verdict was broadcast outside the Glynn County Courthouse on Wednesday, Ms. Dunikoski was hailed as a hero by the crowd. At the mention of her name, they cheered, “Thank you, Linda!” Charlie Bailey, a Democratic candidate for Georgia attorney general, responded to the verdict by texting, “Amen,” to his friends.

“It wasn’t too long ago in Georgia that three white men could kill a Black man and did not stand a very good chance of being held to account by an all white jury,” said Mr. Bailey, who is white and worked with Ms. Dunikoski in the Fulton County prosecutor’s office. “I’m proud of where I’m from, but part of that is also not ignoring the sins of our forefathers and where that leaves us today.”

Shortly after the verdict, Ms. Dunikoski spoke to a thrilled and relieved crowd outside the courthouse, with Mr. Arbery’s parents at her side. Her tone, once again, was direct. “The verdict today was a verdict based on the facts, based on the evidence,” she said. “And that was our goal — was to bring that to the jury, so they could do the right thing.”

Tariro Mzezewa contributed reporting from Brunswick, Ga.

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3 men found guilty of murdering Ahmaud Arbery

A jury has returned guilty verdicts against all three defendants in the murder of Ahmaud Arbery in Brunswick, Georgia. Travis McMichael, who fired the fatal shots, was convicted on all counts, including the charge of malice murder. His father Gregory McMichael and neighbor William “Roddie” Bryan were convicted of felony murder and other charges.

Arbery, a 25-year-old Black man, was shot to death while jogging in the neighborhood in February 2020. Cellphone video showed the men chasing Arbery and cornering him with their pickup trucks before a scuffle that ended with Travis McMichael shooting Arbery at close range with a shotgun. 

As the first guilty verdict was read aloud, people in the public gallery were heard audibly gasping. Marcus Arbery, the father of Ahmaud Arbery, could be heard saying, “Long time coming,” before being told by security to leave the courtroom. Judge Timothy Walmsley reminded the courtroom to remain silent as he continued to read the rest of the jury’s verdicts aloud. [See below for a full breakdown of the charges against each defendant.]

As he stood to leave the courtroom, Travis McMichael, looking red-faced, mouthed the words “love you” to his mother. 


Special Report: Men convicted of Arbery murde…

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The Associated Press reports the three men face minimum sentences of life in prison. The judge will decide whether that comes with or without the possibility of parole.

A sentencing date has yet to be scheduled.

“The verdict today was a verdict based on the facts, based on the evidence, and that was our goal, was to bring that to that jury so that they could do the right thing, because the jury system works in this country,” the lead prosecutor in the case, Linda Dunikoski, said outside the courthouse after the verdict was announced. “And when you present the truth to people and they can see it, they will do the right thing, and that’s what this jury did today in getting justice for Ahmaud Arbery.”

Ahmaud Arbery

“I never thought this day would come, but God is good,” Arbery’s mother, Wanda Cooper-Jones, said at a news conference after the verdict, adding that her son “will now rest in peace.”

The McMichaels and Bryan are also facing federal hate crimes charges. A separate trial in the federal case is scheduled to begin on February 7, 2022. 

The defense in the murder trial centered around the claim that the three men acted under the state’s citizen’s arrest law — which was in effect at the time but has since been repealed — because they were suspicious Arbery might have been involved in neighborhood burglaries. They argued they had a right of self-defense against Arbery who, one defense attorney said, “chose to fight.” 

The prosecution disputed that and argued that the three men had no legitimate reason to chase down and confront Arbery.

“All three of these defendants made assumptions — made assumptions about what was going on that day, and they made their decision to attack Ahmaud Arbery in their driveways because he was a Black man running down the street,” Dunikoski told the jury.

Though Arbery had gone inside a house under construction in the neighborhood, “nothing had ever been taken from the construction site,” Dunikoski said, and the defendants had no direct knowledge linking him to any crime when they began their pursuit.

“He was trying to get away from these strangers that were yelling at him, threatening to kill him. And then they killed him,” she said, adding that Arbery was killed “for absolutely no good reason at all.”

Left to right: Gregory McMichael, his son Travis McMichael, and William “Roddie” Bryan.

Glynn County Detention Center via AP/ WJAX


The jury was able to hear from Travis McMichael when he took the stand in his own defense. He testified that he had heard about break-ins in the neighborhood and had previously seen a Black man “lurking” and “creeping” around a house under construction.

He testified that when his father spotted Arbery on February 23, they decided to drive up alongside him and question him. As the confrontation ensued, McMichael said he was forced to make a split-second “life-or-death” decision when he said Arbery grabbed for his shotgun.

“It was the most traumatic event of my life,” he told the court.

But under cross-examination, McMichael acknowledged that Arbery was “just running” and did not threaten them.

The other two defendants did not testify at the trial.


“48 Hours” goes inside a mother’s relentless pursuit of the truth of what happened to her son in “A Promise to Ahmaud” airing Saturday at 10/9c on CBS and Paramount+.

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Ahmaud Arbery trial: Guilty verdicts were an answer to prayers, family says. Here’s what comes next

As the first verdict was being read, Marcus Arbery Sr., Arbery’s father, “leapt up and cheered,” according to a pool reporter in the room.

“I never saw this day back in 2020, I never thought this day would come,” said Ahmaud Arbery’s mother, Wanda Cooper-Jones, as she stood just outside the courthouse doors following the verdicts.

She thanked God and all the people who marched and prayed for her family.

“Quez, which you know him as Ahmaud, I know him as Quez. He will now rest in peace,” his mother said to the crowd of people gathered, who had celebrated upon hearing the news.

“The verdict today was a verdict based on the facts, based on the evidence and that was our goal, was to bring that to that jury so that they could do the right thing,” said prosecutor Linda Dunikoski, adding, “the jury system works in this country.”

Now, questions over the sentencing, appeals process and additional federal charges for Travis McMichael, Gregory McMichael and William “Roddie” Bryan Jr. must be answered.

Trio face possibility of life in prison

Judge Timothy Walmsley has yet to set a sentencing date for the three convicted men.

The jury on Wednesday found Travis McMichael guilty of malice murder, four counts of felony murder, two counts of aggravated assault, one count of false imprisonment and one count of criminal attempt to commit a felony in Arbery’s death on February 23, 2020, just outside Brunswick, Georgia.

His father, Gregory McMichael, was acquitted only on a malice murder charge and was found guilty of the other charges faced by him and his son.

Bryan was found guilty of three counts of felony murder, one count of aggravated assault, one count of false imprisonment, and one count of criminal attempt to commit a felony. He was acquitted of malice murder, one count of felony murder, and one count of aggravated assault.

The men now face a sentence of up to life in prison without the possibility of parole on each of the murder charges, 20 years on each of the aggravated assault charges, 10 years on the false imprisonment charge, and 5 years on the criminal attempt to commit a felony charge. Walmsley will decide whether the sentences will be served consecutively or concurrently.

Prosecutors have indicated they will seek sentences of life in prison without the possibility of parole.

Defense attorneys plan to appeal

Jason Sheffield and Bob Rubin, attorneys for Travis McMichael, said they planned to appeal the conviction.

When asked about the location of the trial, Sheffield said he was sure their decision not to file for a change of venue would be discussed “ad nauseam” and could become a part of a future appeal but said they did not have any second thoughts about the decision.

“I can tell you honestly, these men are sorry for what happened to Ahmaud Arbery,” said Sheffield. “They are sorry that he is dead, they are sorry for the tragedy that happened because of the choices that they made to go out there and try to stop him.”

Kevin Gough, Bryan’s attorney, said he planned to appeal the decision regarding his client, noting, “We believe the appellate courts will reverse this conviction.”

During the trial, Gough made remarks that were widely considered insensitive, beseeching the court to prevent high-profile Black pastors from sitting in the public gallery. And one prosecutor told CNN Wednesday the decision to raise the issue may have been intentional to help with an appeal.

Gough said on November 11 he had “nothing personally against” the Rev. Al Sharpton, who was in attendance alongside Arbery’s family, adding, “We don’t want any more Black pastors coming in here or other Jesse Jackson, whoever was in here earlier this week, sitting with the victim’s family trying to influence a jury in this case.”

Walmsley ruled that as long as court proceedings were not disrupted, there would be no sweeping bans. Gough apologized for his statements the next day.
The Rev. Jesse Jackson had not made an appearance at the time of the comments, but later sat in the gallery with Arbery’s parents.

Dunikoski, the prosecutor, told CNN’s Jim Acosta after the verdict that Gough’s comments about Black pastors — though made without the jury present — were strategic.

“Mr. Gough is a very, very good attorney, and he purposefully and intentionally and strategically, I believe, did what he did in an effort to attempt to insert potentially some error into the case in case he lost the case and it went up on appeal,” she said.

Federal charges await

All three were indicted in April on separate federal hate crime charges, which include interference with rights and attempted kidnapping, according to the US Department of Justice. Travis and Gregory McMichael were also charged with using, carrying, brandishing and discharging a firearm during and in relation to a crime of violence.

Federal prosecutors said all three men “used force and threats of force to intimidate and interfere with Arbery’s right to use a public street because of his race.”

The McMichaels and Bryan pleaded not guilty to the federal charges.

Sheffield and Rubin, on behalf of Travis McMichael, said after the federal indictment, “We are deeply disappointed that the Justice Department bought the false narrative that the media and state prosecutors have promulgated.”

Arbery Sr.’s attorney Ben Crump said at the time, “This is an important milestone in America’s uphill march toward racial justice, and we applaud the Justice Department for treating this heinous act for what it is — a purely evil, racially motivated hate crime.”

The federal trial is set to take place in February. Since they were being held on the state charges, there has been no federal bond hearing yet.

If convicted on the federal charges, they could face an additional penalty of up to life in prison.

CNN’s Chris Boyette, Amir Vera, Angela Barajas and Madeline Holcombe contributed to this report.

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