![Yawn :yawn:](./images/smilies/smiley_yawn.gif)
Is it just me, or is he testifying for his client about what was in his mind,?
The racism shown by so many parties in this trial is disgusting. The more I read, the more I feel the need to shower.The owner of a Georgia property, which the three men accused of murdering Ahmaud Arbery claimed to have been defending, agreed during a deposition that it was “normal” and “common” for visitors to come in and out of the under-construction home. He also testified that the Black man spotted in his surveillance footage, believed to be Arbery, did not damage or disturb his property in any way.
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Under Georgia’s criminal trespass law, entry into a “land or premises” is only illegal if done with an “unlawful purpose” or where there is a “No Trespassing” sign. There is no evidence that the Black man whom English referred to in this call was Arbery or violated the law in any way. Though English said the man was “plundering around,” English clarified that he did not use that phrase in the sense of stealing anything.
“Just looking around and checking things out,” English noted.
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There is a separate GBI investigation that involves William “Roddie” Bryan, one of the defendants in the Ahmaud Arbery case.
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In July, the judge denied bond for Bryan.
Part of the evidence prosecutors presented back then included a mention of a pending sex crimes investigation by the Georgia Bureau of Investigation. In a motion filed last month, Bryan’s attorney says that investigation has no merit and asks the court to reconsider bond.
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But we do know the prosecution has said the sex crimes investigation is why Bryan is at risk for committing a new felony.
In that context, here’s what we know about that separate investigation and how it’s become a factor.
New details released in court documents explain why attorneys for William “Roddie” Bryan say a GBI sex crimes investigation isn’t credible.
In an Oct. 27 motion filed by Bryan’s defense, his attorney wrote: "The so-called GBI 'investigation ' of so-called “sex-crimes” over the past several months, moreover, has been nothing less than a joke."
The GBI told WTOC on Tuesday it stands by earlier statements made about the case and the case is now in the hands of Brunswick District Attorney Jackie Johnson.
The first time we publicly heard about the sex crimes investigation was back on July 17 as the prosecution presented evidence for why Bryan should be denied bond in the murder case of Ahmaud Arbery.
“As of yesterday, the GBI has opened an additional, parallel investigation into sex crimes that stem from this.”
The same day, the GBI posted on Twitter that the sex crimes case was referred from Glynn County Police Department. And then a correction to say the case came from Camden County Sheriff’s Office.
It’s for those reasons Bryan’s attorney called the investigation a “ruse” to justify the denial of bond for Mr. Bryan, in a motion filed last month. It goes on to say the investigation is part of a prosecutor’s “'dirty tricks' playbook.”
In that motion, Bryan’s attorney says the victim has since asked the DA to close the investigation and that she wants Bryan released from jail.
The prosecution responded last Friday with a court motion to say: “This court exercised sound discretion to deny bond and there is no reason for consideration.”
And that, “letters provided by the victim are the sort of thing a defense attorney would obtain from a predator’s victim - once the victim feels safe that the predator is locked up and unable to continue to harm them.”
To this day, the public does not know much about the allegations behind the sex crimes investigation. The GBI doesn’t comment on pending investigations.
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LM K wrote: ↑Mon Nov 22, 2021 8:17 pm Testimony of Larry English. He owns the house that was under construction. His testimony wasn't helpful for the defense.
I remember when the owner first spoke out. That house was going to be his dream retirement home, but now it's his nightmare. He knew people wandered in and out to see what was being constructed and he was ok with that. But unfortunately, one was black. I don't know if he has decided what to do, but he didn't want to live there last I heard. His dream was destroyed.The owner of a Georgia property, which the three men accused of murdering Ahmaud Arbery claimed to have been defending, agreed during a deposition that it was “normal” and “common” for visitors to come in and out of the under-construction home. He also testified that the Black man spotted in his surveillance footage, believed to be Arbery, did not damage or disturb his property in any way.
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I think the jury will agree that the "citizen's arrest" law doesn't apply in this case.Before jury deliberations began, the judge in the trial over the killing of Ahmaud Arbery read the jury instructions in court on Tuesday.
During the trial, the prosecution and defense argued over whether the defendants had the right to make a citizen's arrest when they attempted to detain Arbery. The state's position was that the defendants did not have this right because they had not observed or had no "immediate knowledge" of any crime committed by Arbery when they confronted him on February 23, 2020.
The defense raised numerous objections to the state's description of the law for making a citizen's arrest. Throughout the trial, the judge reminded the jury that despite these arguments, it would be his responsibility to instruct them on how to interpret the law.
While reading the instructions, the judge noted that "the defendants have raised the defense that even if they have committed the acts described in the indictment, there are circumstances that justify it," including that they were attempting to make a "lawful" citizen's arrest.
Here is how the judge described a lawful citizen's arrest for the jury:
"A private person may arrest an offender if the offense is committed in his presence, or within his immediate knowledge. If the offense is a felony, and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable or probable grounds of suspicion."
The judge added that a "private person" may not attempt to make a citizen's arrest based on the "unsupported statement of others alone."
He said that the citizen's arrest must occur "immediately after" the crime occurs or "in the case of felonies, during escape."
"If the observer fails to make the arrest immediately after the commission of the offense, or during the escape in the case of felonies, his power to do so is extinguished," he said.
Hey. He might have scratched someone's car with those nails. Property damage. Why else would he be "looking suspicious"? And why was he carrying three weapons?! Two fists AND toenails?
Good.
Lisa the answer is it depends on where the jury is and who the jurors are. I'm guessing that comment was calculated directly to connect with many on this jury.LM K wrote: ↑Tue Nov 23, 2021 1:03 pm Question for lawyers.
Does this type of over the top comment backfire with juries?
"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,".