Tag Archives: Arbery

Defense attorney fails to get Rev. Jesse Jackson removed from courtroom in Ahmaud Arbery death trial – USA TODAY

  1. Defense attorney fails to get Rev. Jesse Jackson removed from courtroom in Ahmaud Arbery death trial USA TODAY
  2. Defense lawyers in the Ahmaud Arbery murder trial called for a mistrial because Arbery’s mother cried in court Yahoo News
  3. Ahmaud Arbery death trial | Defense attorneys move for mistrial 11Alive
  4. Abcarian: The awful echoes of the Trayvon Martin tragedy in the trial of the men who killed Ahmaud Arbery Los Angeles Times
  5. Judge rejects mistrial request in Arbery case, calls defense lawyer’s comments ‘reprehensible’ The Washington Post
  6. View Full Coverage on Google News

Read original article here

Defense tries to have Jesse Jackson removed from court in trial for Ahmaud Arbery death

Nov 15 (Reuters) – A lawyer for one of the three white men charged with murdering Ahmaud Arbery, a Black man, in their southern Georgia neighborhood failed in an attempt to have the judge remove civil rights leader Rev. Jesse Jackson from the courtroom on Monday.

The same lawyer, Kevin Gough, made a similarly unsuccessful attempt last week to get the court to prevent any more “Black pastors” attending the trial after the Rev. Al Sharpton, another civil rights leader, was seen sitting with Arbery’s parents in the public gallery. read more

After the jury was sent out, Gough stood in the Glynn County Superior Court and said he objected to what he called “an icon in the civil rights movement” sitting between Arbery’s parents.

“How many pastors does the Arbery family have?” he said, referring to a similar objection he had made on Thursday to Sharpton’s visit. “The seats in the public gallery of a courtroom are not like courtside seats at a Lakers game.”

Gough said the presence of civil rights leaders might influence jurors hearing the high-profile case.

Cell phone footage made by Gough’s client, William “Roddie” Bryan, of the fatal shooting of Arbery after he was chased through Satilla Shores on a Sunday afternoon in February 2020 drew outrage when it was published more than two months later.

Prosecutors say Arbery was an avid jogger, and his killing was seen by some as another example of a Black man facing dangerous suspicion while doing some banal activity in public.

Jackson quietly listened to Gough, holding the hands of Arbery’s father, Marcus Arbery Sr., and mother, Wanda Cooper-Jones. When Gough, who wore no COVID-19 mask, complained that Jackson’s mask was not covering his mouth and nose, Cooper-Jones reached and lifted Jackson’s mask back up.

Judge Timothy Walmsley was audibly exasperated as he rejected the motion by Gough, saying his ruling last week that he would not issue any blanket bans on who could enter a public courtroom would still stand. He said he was not aware that Jackson was in the room until Gough made his motion.

The judge said it was odd that Gough kept objecting to Black pastors showing up and that he was “done talking about it.”

“At this point, I’m not exactly sure what you’re doing,” the judge said. “It’s almost as if you’re just trying to keep continuing this for purposes other than just bringing it to the court’s attention and I find that objectionable.”

Jackson said outside the courthouse during a break in proceedings that he planned to attend all week, calling it “a constitutional right and a moral obligation.”

“They’re looking for diversion,” he said of the defense lawyers.

Sharpton has said he will be joined by more than 100 Black pastors at the courthouse on Thursday.

EMOTIONAL ‘OUTCRY’

Bryan, 52, is standing trial alongside father and son Gregory McMichael, 65, and Travis McMichael, 35, on charges of murder, assault and false imprisonment.

They have pleaded not guilty, saying they were justified in chasing Arbery in their pickup trucks because they thought he may have committed some sort of crime. They do not dispute that the younger McMichael killed Arbery with a shotgun, but say this was self defense after Arbery turned toward him and reached for the raised weapon.

After Jackson was permitted to remain in court, Gough said he wanted to move for a mistrial based on an emotional “outcry” by Arbery’s mother from the public gallery when a photograph of Arbery was shown to jurors on Monday. Several jurors looked over as she sobbed.

Lawyers for the McMichaels joined the motion.

The judge overruled it, reading from a legal precedent that said “emotions are neither unreasonable nor unexpected during murder trials.”

Reporting by Jonathan Allen in New York and Rich McKay in Atlanta, Editing by Ross Colvin, Nick Zieminski and Grant McCool

Our Standards: The Thomson Reuters Trust Principles.

Read original article here

Ahmaud Arbery killing trial: Rev. Jesse Jackson attends hearing on Monday as testimony continues

Jackson arrived at the Glynn County Courthouse with Marcus Arbery Sr., Ahmaud Arbery’s father and Barbara Arnwine of the Transformative Justice Coalition. The group held hands as they walked into the courthouse.

Jackson’s attendance followed comments made by a defense attorney Thursday in court, who said “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.”

Defense attorney Kevin Gough apologized for his comments, but the fallout has already brought further attention to a trial where race has been a key focus. Three White men stand trial for chasing and killing a Black man, and 11 of the 12 jurors in majority-White Glynn County are White.

On Monday morning, before testimony resumed, Gough asked the judge to “have the sheriff or bailiffs or whoever the court directs identify and keep track of the individuals in the public gallery in the courtroom” for the rest of trial. He said he wanted to preserve a record of the people that the jurors can see in case any of the three defendants are convicted and an appeal is filed.

Judge Timothy Walmsley denied Gough’s motion outside the presence of the jury. The judge did say he would address any distractions if they arose.

Here are the key players in the Ahmaud Arbery death trial

Travis McMichael, his father Gregory McMichael and William “Roddie” Bryan Jr. are charged with malice and felony murder in connection with the killing of Arbery in Brunswick on February 23, 2020. They also face charges of aggravated assault, false imprisonment and criminal attempt to commit a felony. All have pleaded not guilty. If convicted, each man could face life in prison without the possibility of parole.

Arbery’s family has said he was out for a jog when he was shot and killed, while defense attorneys state the three men were attempting to make a citizen’s arrest before Travis McMichael shot Arbery in self-defense.

During a news conference Sunday afternoon in Savannah, Jackson said he planned on being at the courthouse in Brunswick on Monday.

“And we were invited there last week by the defense attorney,” Jackson added, referring to Bryan’s attorney, Gough. Jackson has not been at the courthouse since the start of the trial.

Civil rights leader Rev. Al Sharpton had joined Arbery’s parents and held their hands to pray together during a break in Wednesday’s court proceedings.

Gough said Thursday he had “nothing personally against” Sharpton but decried bringing “high-profile members of the African American community into the courtroom to sit with the family during the trial in the presence of the jury,” adding, “that’s intimidating and it’s an attempt to pressure.”

Gough said on Friday, “I will let the court know that if my statements yesterday were overly broad, I will follow up with a more specific motion on Monday putting those concerns in the proper context. And my apologies to anyone who might have inadvertently been offended.”

The judge had told Gough he did not object to Sharpton taking the place of an Arbery family member in court as long as there were no disruptions.

Jason Sheffield, attorney for Travis McMichael, said Friday that Gough’s comment was “totally asinine. Ridiculous,” and said, “In no way do we want to exclude anybody from this process.”

Testimony from state investigator continues

The trial continued Monday with testimony from an agent who interviewed Bryan on two occasions more than two months after the shooting. The interviews were conducted while Gough was present.

Georgia Bureau of Investigation Assistant Special Agent in Charge Jason Seacrist testified last week that Bryan told him during a May 11, 2020, interview that he knew Gregory McMichael from seeing him around the neighborhood but said he did not know his son Travis.

Bryan had followed the McMichaels as the trio pursued Arbery in their vehicles, with Bryan videotaping the moment Travis McMichael and Arbery wrestled over McMichael’s firearm before Arbery was shot.

In a May 13, 2020, interview, Bryan told Seacrist he was doing work on his porch when the sound of someone running and a vehicle engine caught his attention, the agent testified.

Bryan told the agent he said, “You got him? You need help?” but not loudly, and said he did not believe anybody heard him, according to the interview transcript.

Bryan said in the interview he then grabbed his keys, “I guess just to go see what was going on, if anything needed to be done, if I could help,” according to the transcript.

“I’m thinking through my mind that maybe he’s done something, the guy running,” Bryan said, according to the interview transcript.

Bryan said he tried to slow down Arbery during the chase to get a picture of him, so “something would happen in the end other than just him getting away and cops not knowing who he was.” Seacrist testified he asked Bryan why police would need to know who Arbery was.

“Because I figured he had done something wrong,” Bryan responded, according to the transcript. “I didn’t know for sure.”

When the agent asked Bryan what made him think Arbery had done something wrong, Bryan said, “It was just instinct man, I don’t know,” according to the interview transcript.

“I figured he stole something,” Bryan later added, according to the transcript.

Defense attorneys began their cross-examination late Friday and questioned Seacrist for more than an hour before court adjourned for the weekend.

Neighbor sought to find unknown trespasser

The confrontation between the McMichaels and Arbery on the day of the shooting came minutes after a neighbor called police to say Arbery was at homeowner Larry English Jr’s property that afternoon.

A police officer testified Friday that English had contacted authorities numerous times in the months before the shooting about trespassers on his property — which was undergoing construction — and English had provided video of an unidentified individual on the premises.

Gregory McMichael, investigators testified, said he initiated the pursuit that led to the shooting after seeing Arbery speedily run by McMichael’s home, and he believed Arbery matched the description of someone who’d been recorded at the construction site in the past.

But prosecution witnesses have testified McMichael did not know at the time Arbery was at the site that day or whether the man in English’s surveillance videos had ever stolen anything.
The prosecution has said surveillance videos show Arbery at the site multiple times but always without breaking in and without incident. In his deposition, English denied he ever authorized the McMichaels to confront anybody on the construction site.
On February 11, 2020, less than two weeks before the shooting of Arbery, Glynn County officer Robert Rash responded to a burglary in progress call in the neighborhood, called in by Travis McMichael. Body camera video presented to the jury showed both Travis McMichael and Gregory McMichael were present at the construction site while officers searched the area. Rash testified the call ended up being classified as a trespassing call.

Frank Hogue, Gregory McMichael’s defense attorney, showed the jury a text between Rash and Gregory McMichael where Rash told the elder McMichael to “please call him day or night when you get action on your cameras.”

The state asked the officer, “Was it your intent to deputize them when you sent the message?”

Rash responded, “never.”

CNN’s Alta Spells, Jason Morris, Pamela Kirkland, Chris Boyette, Keith Allen, Christina Maxouris, Mallika Kallingal and Travis Caldwell contributed to this report.

Read original article here

Ahmaud Arbery murder trial: Defense attorney apologizes after his comments sparked outcry

“I will let the court know that if my statements yesterday were overly broad, I will follow up with a more specific motion on Monday putting those concerns in the proper context. And my apologies to anyone who might have inadvertently been offended,” lawyer Kevin Gough said.

Gough created a furor Thursday when he decried what he saw as “a precedent … where we’re going to bring high-profile members of the African American community into the courtroom to sit with the family during the trial in the presence of the jury.”

“I believe that’s intimidating and it’s an attempt to pressure.” he said.

The judge told Gough he did not object to Sharpton taking the place of an Arbery family member as long as there were no disruptions.

Gough said Thursday he had “nothing personally against” Sharpton, 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.”

Two new witnesses are expected Friday in court, including a police officer who was in touch with the man who owned a home under construction that has been a focus of the case.

Travis McMichael, Gregory McMichael and William “Roddie” Bryan Jr. are accused of chasing Arbery, 25, in vehicles and killing him on February 23, 2020, in Brunswick, Georgia. Defense lawyers have argued that they were attempting to make a citizen’s arrest and that Travis McMichael shot Arbery in self-defense as both wrestled over a shotgun.

The defendants are charged with malice and felony murder in connection with the killing. They also face charges of aggravated assault, false imprisonment and criminal attempt to commit false imprisonment. All have pleaded not guilty. If convicted, each man could face life in prison without the possibility of parole.

The officer who interacted with homeowner Larry English Jr. will be the state’s 13th witness, and he’s expected to have video as part of his testimony. The other witness Friday is expected to be a special agent with the Georgia Bureau of Investigations.

Officer who talked with lot owner to testify

In English’s prerecorded deposition played Thursday in court, he said surveillance footage at his home under construction near Brunswick captured people several times in late 2019 and early 2020, and in some instances he called 911 about the intrusions. He was able to keep track of intruders via cameras that he had installed around the home.

Defense attorneys contend their clients were trying to conduct a lawful citizen’s arrest of Arbery, whom they suspected of burglary after they and several neighbors became concerned about people entering English’s property.

The confrontation came minutes after a neighbor called police to say Arbery was at English’s property that afternoon. Gregory McMichael, investigators testified, said he initiated the pursuit after seeing Arbery speedily run by McMichael’s home and he believed Arbery matched the description of someone who’d been recorded at the construction site in the past.
However, prosecution witnesses have testified that McMichael did not know at the time that Arbery was at the site that day or whether a man in English’s surveillance videos had ever stolen anything.
The prosecution has said surveillance videos do show Arbery at the site multiple times but always without breaking in and without incident.

English denied, when asked by prosecutor Paul Camarillo, that he ever authorized the McMichaels to confront anybody on the construction site.

English appeared unable to recall many of the questions that were asked of him and only provided short answers to most. The state played video recorded from his home surveillance system and the associated calls he made to the police.

English also testified that he had only met Travis McMichael once, and had at least one conversation with Gregory McMichael before the shooting occurred and also talked with him afterward.

Camarillo asked English whether he had told the McMichaels about any incidents at his house.

“Probably. But I’m not sure,” English answered.

Arbery’s family has said he was out for a jog when he was shot and killed.

Cell phone video of the episode surfaced more than two months later, sparking widespread public outrage and demonstrations just weeks before the police killing of George Floyd in Minneapolis set off a summer of nationwide protests against racial injustice.

What justice means to Arbery’s family

In Georgia’s majority-White Glynn County, where the trial is taking place, race has played a central role in the case.

Arbery’s mother expressed her astonishment at Gough’s comments about Sharpton, telling CNN she was “very surprised to know that he frowned upon anybody, any pastor that would come in to sit with the family, to keep us encouraged.” Wanda Cooper-Jones added that she felt it was just very “insensitive” and “also very, very rude.”

In the judge’s order for clarification, he addressed guidance on courtroom seating, stating “families of the victim and those of the Defendants shall have priority…. lf it is apparent that additional seating is available for the public then seats will be allocated on a first come basis.”

Also speaking on CNN, S. Lee Merritt, the Arbery family attorney, said the defense attorney has been filing “bizarre motions” and he is “concerned the makeup of the jury will impact the outcome of the trial.”

“This attorney is talking about the influence of just one Black juror after they used 11 of their 12 strikes to go after the remaining 11 Black jurors in this case. So we know that these attorneys are attempting to change the outcome by relying on old racial discrimination tactics that have denied a lot of families in the South,” he said.

Arbery’s mother says she is anxious when she sits in the courtroom every day, but she wants justice for her son.

“Justice for Ahmaud looks like everyone who was involved, the three individuals that sit behind those tables in the courtroom, but also the DA’s that mishandled the case very early on, every hand that was involved in the death of Ahmaud, I want them brought to justice,” she said.

At a Transformative Justice Coalition Town Hall on Thursday, Arbery’s father Marcus Arbery, was asked about his son’s interest in being an electrician and his message to other children who want to follow their dreams. The family has said Ahmaud Arbery would go into houses to see what the electrical work was like and that’s what he was doing in the unoccupied house that day.

“Don’t let no racial bystander stop your dream. Keep dreaming and keep pushing for your dreams… You know you got a whole life ahead of you to dream of what you want, and if you try to keep pushing to those goals those dreams going to come true,” Marcus Arbery said.

Read original article here

Ahmaud Arbery killing trial: Homeowner who called 911 about people at site in months before Arbery’s killing testified he did not ask the McMichaels to help secure his property

Larry English Jr. testified in the September 24 deposition that surveillance footage at his property near Brunswick, Georgia, captured people on the property several times in late 2019 and early 2020, and in some instances he called 911 about the intrusions.

English previously told the court that a serious medical condition prevented him from testifying in person.

English said he had installed cameras around the home that he was able to monitor using an app on his phone. In late October 2019, English made a call to authorities to report an individual on his property, whom he described as “a colored guy, got real curly looking hair,” with tattoos, who was just “pondering around,” and asked for a deputy to go to the property.

He called authorities again when he saw a white couple entering his property on November 17, 2019, telling the dispatcher that “We had … some stuff stolen about a week and a half, two weeks ago there.” English called back a day later, telling authorities that he saw at the construction site the “same guy that was over there about a week and a half, two weeks ago.”

English was asked whether anything was ever taken from his construction site, to which he responded, “Not that I know of.”

Three White men — Gregory McMichael, his son Travis McMichael and William “Roddie” Bryan Jr. — are accused of chasing Arbery, a 25-year-old Black man, in vehicles and killing him in that neighborhood on February 23, 2020.

The defendants are charged with malice and felony murder in connection with the killing. They also face charges of aggravated assault, false imprisonment and criminal attempt to commit false imprisonment. All have pleaded not guilty.

If convicted, each man could face life in prison without the possibility of parole.

Arbery’s family has said he was out for a jog when he was shot and killed. Cell phone video of the episode surfaced more than two months later, sparking widespread public outrage and demonstrations just weeks before the police killing of George Floyd in Minneapolis set off a summer of nationwide protests against racial injustice.
Bryan, who recorded the cell phone video, is accused of hitting Arbery with his truck after he joined the McMichaels in chasing Arbery. According to a transcript read in court Thursday, Bryan told an investigator he “angled” Arbery off the side of a road because he believed Arbery was trying to reach for his truck door, but did not think he hit Arbery.

Owner: I told neighbor he could check my property, but not the McMichaels

Defense attorneys contend their clients were trying to conduct a lawful citizen’s arrest of Arbery, whom they suspected of burglary after they and several neighbors became concerned about people entering English’s under-construction home. The defense contends Travis McMichael shot Arbery in self-defense as Arbery and Travis McMichael wrestled over Travis’ shotgun.
The confrontation came minutes after a neighbor called police to say Arbery was at English’s property that afternoon. Gregory McMichael, investigators testified, said he initiated the pursuit after seeing Arbery speedily run by McMichael’s home, and that he believed Arbery matched the description of someone who’d been recorded at the construction site before.
However, prosecution witnesses have testified that McMichael did not know at the time that Arbery was at the site that day, or whether a man in English’s surveillance videos had ever stolen anything. The prosecution has said surveillance videos do show Arbery at the site multiple times, but always without breaking in and without incident.

In his deposition, English testified that other than police, he only ever gave one person permission to check his property — a man who lives near the site, but is not one of the defendants.

That man had offered to do so, English said, after texting to him that he’d heard about intrusions at the property.

“At any point in time, did you ever authorize the McMichaels to … confront anybody on your site?” prosecutor Paul Camarillo said during the deposition.

“No,” English replied.

Camarillo also asked whether English had given the McMichaels permission to go onto the property, or whether he had told them they couldn’t go on the property. English answered no to both.

He added that he never posted surveillance videos of his site to social media but said he may have shown them to neighborhood resident Matt Albenze.

Albenze testified this week that he called police on the day of Arbery’s killing to say that a man — later identified as Arbery — was at English’s property.

English said he had met Travis McMichael once, and that he had spoken to Gregory McMichael and his wife at least once before the shooting.

Camarillo asked English whether he had told the McMichaels about any incidents at his house.

“Probably. But I’m not sure,” English answered.

Devon M. Sayers reported from Brunswick and Jason Hanna and Alta Spells wrote from Atlanta. CNN’s Pamela Kirkland contributed to this report.

Read original article here

Ahmaud Arbery shooting: Why the first responding officer didn’t provide first aid to the 25-year-old Black man shot and killed while jogging

Former Glynn County Police Officer Ricky Minshew said when he arrived at the scene of the shooting on February 23, 2020, his immediate focus was on officer safety.

“When I get to a scene, I scan the area for any immediate threats, and then scan the area for any victims that need emergency medical aid,” Minshew said.

Minshew — who testified he was in the area responding to a report of a “suspicious Black male” before hearing “two loud pop sounds” — came upon the location of the shooting and said saw two White men pacing while Arbery, a 25-year-old Black man, was on the ground bleeding from his wounds.
Gregory McMichael, his son Travis McMichael and their neighbor, William “Roddie” Bryan Jr., are charged with malice and felony murder in the shooting of Arbery, who was jogging in a residential area before being chased by the men in two vehicles. Bryan trailed the McMichaels and recorded video of the shooting. Minshew identified the trio in court as being at the scene.

Minshew testified that after seeing Arbery lying on the ground, he notified dispatch to send emergency medical personnel to the area, then worked to preserve “scene integrity” for investigators.

When asked by prosecutor Larissa Ollivierre how Arbery appeared, Minshew said he was face-down and looked “unresponsive to his surroundings, he appeared to be deceased,” and noted the amount of blood underneath him was “exceeding the perimeter of his body.”

Minshew said he heard from Arbery a type of labored breathing he knew as a “death rattle,” and said he had encountered similar situations in the past where people did not survive much longer.

Ollivierre asked Minshew if he performed CPR, to which he said no, stating he did not because “I did not know any of the people or any of the facts or circumstances to what had happened.”

Minshew testified, “Being that I was the only officer on scene, without having any other police units to watch my back, there was no way I could have switched my attention to anything medical and still be able to watch my surroundings and watch after my own safety.”

He also told prosecutors he did not have the adequate training to render aid, and his vehicle lacked proper equipment to help gunshot wounds or critical injuries.

Body camera footage was shown in court

Graphic footage from Minshew’s body camera was shown to the jury Monday by the defense team in an effort to show “inconsistent statements” made by the former officer, arguing Minshew’s response time to the scene was off.

The video shows Gregory and Travis McMichael pacing near the body of Arbery. Travis McMichael can be seen wearing jeans and a T-shirt with blood on the back of his head and arms.

Prosecutors on Monday played the extended version of William Bryan’s cell phone video of the chase and shooting for the court.

Wanda Cooper-Jones, Ahmaud Arbery’s mother, saw the video showing the shooting of her son for the first time in court Friday and told CNN’s Chris Cuomo Monday she hoped the video would show the jury Arbery had done nothing wrong before he was killed.

“I’m hoping that the jury see what the world see, is that Ahmaud hadn’t committed a crime,” Cooper-Jones said. “He was simply out for a jog. He did stop by that unoccupied home but again, Ahmaud didn’t commit a crime and Ahmaud was chased and eventually killed.”

CNN’s Devon M. Sayers, Pamela Kirkland, Ralph Ellis and Chris Boyette contributed to this report.

Read original article here

Nearly All-White Jury in Arbery Killing Draws Scrutiny

Follow updates on the trial over the killing of Ahmaud Arbery.

BRUNSWICK, Ga. — Even as he approved the selection of a nearly all-white jury this week to hear the murder case against three white men accused of killing Ahmaud Arbery, a Georgia judge declared that there was an appearance of “intentional discrimination” at play.

But Judge Timothy R. Walmsley of Glynn County Superior Court also said that defense lawyers had presented legitimate reasons unrelated to race to justify unseating eight Black potential jurors. And that, he said, was enough for him to reject the prosecution’s effort to reseat them.

What may have seemed like convoluted logic to non-lawyers was actually the judge’s scrupulous adherence to a 35-year-old Supreme Court decision that was meant to remove racial bias from the jury selection process — but has come to be considered a failure by many legal scholars.

The guidelines established by that ruling were central to the intense legal fight that erupted in court late Wednesday over the racial composition of the jury in the trial of the three defendants, which is set to begin on Friday. The argument raised fundamental questions about what it means to be a fair and impartial juror, particularly in a high-profile trial unfolding in a small, interconnected community where nearly everyone has opinions about the case.

Defense lawyers told Judge Walmsley there were important, race-neutral reasons to unseat several Black candidates for the jury. One man, they said, had played high school football with Mr. Arbery. Another told lawyers that “this whole case is about racism.”

But the fact that the jury will be composed of 11 white people and one Black person in a Deep South trial over the killing of a Black man has profoundly dismayed some local residents who already had concerns about whether the trial will be fair.

“This jury is like a black eye to those of us who have been here for generations, whose ancestors labored and toiled and set a foundation for this community,” said Delores Polite, a community activist and distant relative of Mr. Arbery, who was fatally shot last year after being chased by three men who suspected him of a series of break-ins.

More broadly, the racially lopsided jury, in a county that is about 27 percent Black and 64 percent white, underscores the enduring challenges that American courts face in applying what seems to be a simple constitutional principle: that equal justice “requires a criminal trial free of racial discrimination in the jury selection process,” as Justice Brett M. Kavanaugh put it in a ruling from 2019.

At the heart of the matter in the Georgia case, and many others like it where white people dominate the jury box, is the ability of lawyers to issue a limited number of peremptory challenges — which usually require no explanation — to strike potential jurors from the process. Lawyers typically have wide discretion, but in a landmark 1986 case, Batson v. Kentucky, the Supreme Court ruled that lawyers could not discriminate on the basis of race in issuing the challenges.

Since then, lawyers who suspect the other side of unseating a juror on racial grounds can contest it, a move often called a “Batson challenge.”

That is what unfolded for almost two hours on Wednesday at the Glynn County Courthouse, as defense lawyers walked Judge Walmsley through the detailed reasons they believed that each of the eight Black residents should not be seated, such as the pro-Arbery hashtags that some potential jurors had posted online or the negative opinions they had formed about the three defendants — Gregory McMichael, 65; his son Travis McMichael, 35; and their neighbor William Bryan, 52.

Laura D. Hogue, one of the lawyers for the elder Mr. McMichael, described peremptory strikes as an important tool that allowed lawyers “to weed out the worst of the worst,” by which she meant people who seemed to be irredeemably biased.

The lead prosecutor, Linda Dunikoski, pushed back in every case. She argued that a number of potential jurors were honest with lawyers about their knowledge and opinions about the case, but were then unseated by the defense on the basis of those opinions — even when they stated that they could be impartial if seated.

Ms. Dunikoski also noted that the 12-person jury had been selected from a panel that included 12 Black people and 36 white people — and yet, she said, “the actual jury that was selected has only one African American male on it.” The prosecution used all 12 of its peremptory strikes on white potential jurors.

Judge Walmsley spoke like a man whose hands were tied by the law. “I’ll tell you,” he said at one point, “in this case, Batson’s limitations, I think, are clearly out there.”

Outside the courthouse on Thursday, activists argued that the process was essentially broken.

“This is not race neutral,” said Barbara Arnwine, a lawyer and member of a group called the Transformative Justice Coalition. “This was racial targeting of Black jurors. It was disingenuous to lie and pretend this was about anything other than getting rid of Black jurors.”

The case against the men accused of killing Mr. Arbery is a rare one in which a prosecutor issues Batson challenges; they are more typically issued by defense lawyers trying to prevent prosecutors from booting minorities out of the jury selection process. A number of studies have focused on prosecutors, finding that they have removed Black jurors at double or triple the rates of other people in states like Alabama, Louisiana and North Carolina.

The efficacy of Batson as a tool to remove racial bias in the jury selection process has come under serious criticism in recent years by legal scholars. In a California Law Review article last year, the lawyer Annie Sloan argued that Batson was now “widely considered to be a toothless and inadequate decision that fails to reduce the unfair exclusion of jurors of color.”

Ms. Sloan noted that Batson challenges were rarely successful, in part because it was too easy for lawyers to come up with a race-neutral justification for their strike. And she argued that Batson did not take into account implicit bias, meaning that lawyers might strike jurors for racial reasons without even realizing it.

Ms. Sloan pointed to what she deemed a hopeful modification of Batson by Washington State, where a 2018 State Supreme Court rule forbids peremptory challenges if an “objective observer” deems jurors’ race or ethnicity to be a factor in unseating them.

California adopted a similar approach in 2020. Arizona will ban the use of peremptory strikes starting Jan. 1.

Some legal scholars critical of Batson believe that peremptory strikes still have their place, serving as an important check against biased jurors. Stephen B. Bright, a professor at Yale Law School and Georgetown Law, said he favored limiting the number of peremptory strikes to three per side.

In Brunswick on Wednesday, Judge Walmsley mentioned Washington as one of the states “that’s looked at Batson and recognized the limitations it places on the court.” In Georgia, he noted that all that lawyers need to overcome a Batson challenge is to deliver an explanation that is “legitimate, nondiscriminatory, clear, reasonably specific and related” to the case.

The concern now in Brunswick is that faith in the justice system has been undermined by the selection of a racially imbalanced jury.

Charlie Bailey, a former senior assistant district attorney in Fulton County, Ga., recognized the constraints that the law placed on the judge. Still, he described the jury composition as fundamentally unfair to the community, and to Mr. Arbery’s family.

“Eleven of 12 is 11 of 12,” said Mr. Bailey, a Democrat who is running for Georgia attorney general. “It’s hard for me to believe — and I think it’s hard for most people to believe — that 11 of 12 did not have anything to do with race.”

Read original article here

Ahmaud Arbery: Murder trial for the killing of 25-year-old Black man set to begin with jury selection in Georgia

Gregory McMichael, his son Travis McMichael and their neighbor William “Roddie” Bryan Jr. are charged with malice and felony murder and have pleaded not guilty. They also face charges of aggravated assault, false imprisonment and criminal attempt to commit false imprisonment.

Jury selection in their state trial begins Monday.

Arbery was fatally shot February 23, 2020, while out jogging in Brunswick, Georgia, in an incident partly captured on video. The McMichaels said they were conducting a citizen’s arrest on Arbery, who they suspected of burglary, and that Travis McMichael shot him with a shotgun in self-defense. Bryan, who recorded the video, allegedly hit Arbery with his truck after he joined the McMichaels in chasing Arbery.

After the shooting, the three men were allowed to leave the scene and weren’t arrested until after video of the incident was made public in early May.

The video and the delay in making the arrests, along with the killings of George Floyd and Breonna Taylor last year, helped spark nationwide Black Lives Matter protests that challenged how the legal system treats Black people.
The McMichaels and Bryan have also been indicted on federal hate crime and attempted kidnapping charges. They have pleaded not guilty to those charges as well.
With its focus on video evidence, the case bears some resemblance to the murder trial of ex-Minneapolis Police officer Derek Chauvin, who was convicted of murder in Floyd’s death. In addition, the issues of vigilantism and self-defense offer similarities to the trial of George Zimmerman, the neighborhood watchman who was acquitted in 2013 of killing 17-year-old Trayvon Martin.

How we got here

Arbery was shot dead in a confrontation with Travis and Gregory McMichael in the neighborhood of Satilla Shores, outside the city of Brunswick in Georgia’s lowcountry.

Arbery was on a jog — something he was known to do, according to those who knew him — when the McMichaels grabbed their guns and pursued Arbery. Gregory McMichael, a former police officer and investigator in the local District Attorney’s Office, later told police Arbery and his son had struggled over his son’s shotgun, and that Travis McMichael shot Arbery after the latter attacked him, according to the initial police report.

Bryan had also joined the pursuit and recorded the shooting on his cellphone.

Gregory McMichael told police he and his son had pursued Arbery because they suspected he was responsible for a string of recent purported burglaries in the neighborhood. A Glynn County Police spokesperson later said there had only been one burglary — a gun stolen from an unlocked vehicle in front of the McMichaels’ home — reported in more than seven weeks prior to the shooting.

Additionally, McMichael said he saw Arbery inside a home under construction. Arbery was seen entering the home in surveillance video at the site, but the owner of the home told CNN he did not see Arbery commit any crime other than “trespassing” the day of the shooting.

For months, the case lay dormant, and two prosecutors recused themselves from the case due to conflicts of interest.

But in May, video taken by Bryan of the fatal interaction was made public, and the McMichaels were arrested days later. The three were all jointly indicted by a grand jury in June 2020.

At a preliminary hearing last June, Georgia Bureau of Investigation Assistant Special Agent in Charge Richard Dial testified that Bryan told investigators he heard Travis McMichael use a racial epithet after shooting Arbery. McMichael had also used racial slurs numerous times on social media and on messaging services, Dial said.

Attorneys for the three defendants have said they acted in self-defense. But Dial testified the opposite was true.

“I believe Mr. Arbery was being pursued, and he ran till he couldn’t run anymore, and it was turn his back to a man with a shotgun or fight with his bare hands against the man with the shotgun. He chose to fight,” he said. “I believe Mr. Arbery’s decision was to just try to get away, and when he felt like he could not escape he chose to fight.”

The district attorney at the time, Jackie Johnson, was voted out of office amid the backlash. In September, she was indicted on charges of violating her oath as a public officer and obstructing a police officer for allegedly interfering with the arrest of Travis McMichael. Johnson has denied wrongdoing.

CNN’s Eliott McLaughlin and Amir Vera contributed to this report.

Read original article here