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Killing of Ahmaud Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

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Killing of Ahmaud Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#1

Post by Maybenaut »

Georgia judge sets October trial in slaying of Ahmaud Arbery
A Georgia judge Friday scheduled an October trial for three white men charged with murder in the slaying of Ahmaud Arbery, a 25-year-old Black man who was chased and shot while running in the defendants’ neighborhood last year.

Superior Court Judge Timothy Walmsley issued a notice stating that jury selection will begin Oct. 18, with the trial commencing as soon as a jury is seated.

Greg McMichael and his grown son, Travis McMichael, armed themselves and pursued Arbery in a pickup truck on Feb. 23, 2020, just outside the port city of Brunswick, about 70 miles (110 kilometers) south of Savannah. A neighbor, William “Roddie” Bryan, joined the chase and took cellphone video of Travis McMichael shooting Arbery at close range.

Authorities didn’t bring charges in the case until more than two months later, when the video became public and sparked a national outcry over the case. They have been jailed without bond since their arrests.
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#2

Post by neonzx »

copied from another thread..

Georgia Repeals Civil War-Era Citizen’s Arrest Law Initially Used to Justify Letting Ahmaud Arbery’s Killers Off the Hook
https://lawandcrime.com/live-trials/liv ... -the-hook/
Georgia Gov. Brian Kemp signed bipartisan legislation on Monday repealing a Civil War-era citizen’s arrest law used to defend three white men accused of chasing down Ahmaud Arbery and fatally shooting him. The men claimed they suspected Arbery had just committed a crime.

Lawmakers in the Georgia House and Senate passed HB 479 and thus overwhelmingly approved the measure which prohibits Georgia citizens from forcefully detaining a person if a crime is committed in their presence or “within their immediate knowledge.” The new law, signed 14 months after Arbery’s death, does have exceptions for self-defense and allows the operators of public businesses to hold suspected thieves until authorities arrive.

Prosecutors sparked controversy when they initially said the men involved with Arbery’s death should not be charged — citing to the outdated citizen’s arrest statute.

According to a report from the Atlanta Journal-Constitution, “the law was first enacted 1863 to allow white Georgians to capture slaves who were fleeing to fight in the Union Army.” It was later used “through the early 1900s to justify the lynching of Black people without repercussions.”

“Today we are replacing a Civil War-era law ripe for abuse with language that balances the sacred right to self-defense of a person’s property with our shared responsibility to root out injustice and set our state on a better path forward,” Kemp said when signing the bill. “Today, in honor of Ahmaud’s memory, we commit to taking this step forward together.”
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#3

Post by LM K »

I'm surprised these defendants have tried to arrange a plea deal.
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#4

Post by neonzx »

LM K wrote: Mon May 10, 2021 11:27 pm I'm surprised these defendants have tried to arrange a plea deal.
How would that work? The video evidence is overwhelming. Their own videos.

Buh-bye...
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#5

Post by Maybenaut »

neonzx wrote: Mon May 10, 2021 11:43 pm
LM K wrote: Mon May 10, 2021 11:27 pm I'm surprised these defendants have tried to arrange a plea deal.
How would that work? The video evidence is overwhelming. Their own videos.

Buh-bye...
:wave:
It would save the State the trouble and expense of a trial, and it would eliminate the risk of jury nullification. I read back in the fall that the State is not seeking the death penalty (there *must* be a trial on the merits in death penalty cases), so that’s not the reason. Maybe they’re too far apart on the sentencing. Or maybe these three don’t feel like they did anything wrong.
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#6

Post by fierceredpanda »

Maybenaut wrote: Tue May 11, 2021 7:56 am
neonzx wrote: Mon May 10, 2021 11:43 pm
LM K wrote: Mon May 10, 2021 11:27 pm I'm surprised these defendants have tried to arrange a plea deal.
How would that work? The video evidence is overwhelming. Their own videos.

Buh-bye...
:wave:
It would save the State the trouble and expense of a trial, and it would eliminate the risk of jury nullification. I read back in the fall that the State is not seeking the death penalty (there *must* be a trial on the merits in death penalty cases), so that’s not the reason. Maybe they’re too far apart on the sentencing. Or maybe these three don’t feel like they did anything wrong.
As always, the beagle is wise.

My hunch is that the defendants just don't feel like they did anything wrong and/or they think they can get a jury to nullify. I haven't dealt with an exactly analogous situation as a trial lawyer, but I do get a lot of clients whose psyche's are so committed to the notion that "I did nothing wrong" that nothing short of the prosecutor dismissing all charges and begging the defendant's forgiveness is ever going to be good enough. They're the ones where, when the DA calls me and asks why we can't work something out, I have to just say that some people need to see the performance for themselves before it registers.

However, it is also possible that sentencing is the only factor. Frankly, the prosecution's case here is so strong that I really doubt they'd be willing to offer much. I don't know Georgia law, but a lot of Wisconsin first-degree homicides end up going to trial because there's a mandatory life sentence and the only question at sentencing is whether or not the defendant will hypothetically be eligible for parole someday. If the prosecutor won't back off the murder 1 charge, a trial is guaranteed because the defendant literally has nothing to lose. Don't get me wrong: I absolutely abhor how some prosecutors in certain states will use the threat of the death penalty to force defendants into plea agreements. But taking the needle off the table peremptorily at this stage really does reduce their leverage. I expect this case to try.
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#7

Post by Maybenaut »

fierceredpanda wrote: Tue May 11, 2021 8:29 am I haven't dealt with an exactly analogous situation as a trial lawyer, but I do get a lot of clients whose psyche's are so committed to the notion that "I did nothing wrong" that nothing short of the prosecutor dismissing all charges and begging the defendant's forgiveness is ever going to be good enough. They're the ones where, when the DA calls me and asks why we can't work something out, I have to just say that some people need to see the performance for themselves before it registers.
In our system the accused is not allowed to plead guilty if they don’t think they’re guilty. They get questioned by the military judge, and if the accused says or presents anything that is inconsistent with a plea of guilty, the judge will reject the plea, even he’s already accepted it (no Alford pleas allowed). (Ask Lyndie England, she of Abu Ghraib fame, how that worked out for her when she put her baby-daddy on to say that she was just following orders).

I had a client who couldn’t plead to theft of a government vehicle, even though he was pulled over by the police in said vehicle, and had previously checked out the vehicle from the motor pool (this was in the days of keys - harder, but not impossible, to duplicate a fob). Great. I’ll get some trial experience and you’ll likely end up with the same sentence the government is offering.
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#8

Post by bob »

Too also: There may also be different levels of (moral) culpability; jurors tend to view actual shooters and masterminds (the conspiracy creator) differently.

So if the least culpable defendant has evidence to implicate a more culpable defendant, there's an incentive to plea bargain, i.e., plead to a lesser charge to help convict on a greater charge against the most culpable defendant.

ETA: Bryan didn't shoot (I don't know if he was even armed), isn't related to other defendants, is "only" 50, and likely "witnessed" numerous inculpatory statements made by the other two defendants.
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#10

Post by Maybenaut »

Former prosecutor indicted over Ahmaud Arbery case, accused of helping shield suspects in fatal shooting
A grand jury on Thursday indicted a former Georgia prosecutor for her handling of Ahmaud Arbery’s fatal shooting, on allegations she helped shield men now charged with murder in a case that went for months without arrests until a viral video sparked a national outcry.
Brunswick Judicial Circuit District Attorney Jackie Johnson is accused of violating her oath of office and obstructing police in the Black man’s fatal shooting last February.
The indictment says Johnson showed “favor and affection” to Greg McMichael, who was previously an investigator in her office, and also failed to “treat Ahmaud Arbery and his family fairly and with dignity” when she sought help from another district attorney who eventually recused himself from the case.
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Johnson is also accused of obstructing law enforcement by directing that Greg McMichael’s son, Travis McMichael, should not be arrested, “contrary to the laws” of Georgia.
https://www.washingtonpost.com/nation/2 ... ndictment/
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

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Post by RTH10260 »

:shock:
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

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Post by Frater I*I »

Happens more often in GA than you might think.
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#13

Post by Tiredretiredlawyer »

:shock:
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#14

Post by raison de arizona »

But... but... It's heritage, not hate! Is he suddenly ashamed of his heritage? Well this just makes no sense.
One of the men accused of murdering Ahmaud Arbery is fighting to ban from trial photos of his vanity license plate that features a Confederate flag
  • One of the men charged with the killing of Ahmaud Arbery is trying to ban a photo of his vanity plate during his upcoming trial.
  • Court documents say that the vanity plate is similar to an old Georgia state flag which has a Confederate emblem.
  • Arbery's death sparked a wave of anti-racism protests across the US.
:snippity:
One of the men accused of chasing and murdering Ahmaud Arbery is fighting to ban photo evidence of his old Georgia flag-themed vanity license plate from his upcoming trial.

In response, the state asked the court to deny Travis McMichael's defense team's motion, stating that the plates were on the truck at the time of the incident where Arbery was shot and killed, court documents say.

"Defendant Travis Michael's choice, and the fact that this vanity plate was on the front of his pick-up truck on Feb. 23, 2020, are intrinsic evidence in this case and can be fully be used by the State to illustrate the intent and motive of Travis McMichael," according to the motion viewed by Insider.
:snippity:
https://news.yahoo.com/one-men-accused- ... 53622.html
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

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Post by raison de arizona »

Jury selection begins today.
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

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Post by Volkonski »

“If everyone fought for their own convictions there would be no war.” ― Leo Tolstoy, War and Peace
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#17

Post by raison de arizona »

I hope that anyone who answers, "Do you believed Black people are unfairly treated in the criminal justice system?" in the negative is eliminated! C'mon, reality check on aisle nine! :boxing:
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#18

Post by Dave from down under »

Answer: “Are these questions an example of inherent racism?”
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

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Post by Volkonski »

“If everyone fought for their own convictions there would be no war.” ― Leo Tolstoy, War and Peace
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#20

Post by neeneko »

raison de arizona wrote: Tue Oct 19, 2021 1:46 pm I hope that anyone who answers, "Do you believed Black people are unfairly treated in the criminal justice system?" in the negative is eliminated!
Given that the defendants are all white, how is this even a permitted question? Don't jury questions need to be relevant to the case, or is this just a preview of 'putting the victim on trial'?
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#21

Post by Tiredretiredlawyer »

I don't know where ABC News got its headline. I have been watching Court TV and the jury process. It was anticipated to take 2 weeks to seat a jury.
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#22

Post by bob »

neeneko wrote: Tue Oct 19, 2021 6:41 pm
raison de arizona wrote: Tue Oct 19, 2021 1:46 pm I hope that anyone who answers, "Do you believed Black people are unfairly treated in the criminal justice system?" in the negative is eliminated!
Given that the defendants are all white, how is this even a permitted question? Don't jury questions need to be relevant to the case, or is this just a preview of 'putting the victim on trial'?
Voir dire often is very open-ended, to permit the parties to learn prospective jurors' views and beliefs, even if not strictly relevant to the case. The parties will often ask about, for example, media consumption -- not to learn whether the prospective jurors have heard of the case, but to deduce their political leanings (and further deduce how they'll vote in the jury room).

In this instance, I presume an anti-Black leaning prospective juror would have a nice chat with the prosecutor, who might then move to excuse for cause (and save a peremptory challenge).
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#23

Post by Tiredretiredlawyer »

A collateral trial.

https://www.dailykos.com/stories/2021/1 ... ounty-site
Judge asks McMichaels' defense to walk him through the 'rights you seek to infringe upon'

The courtroom where jury proceedings have been playing out have attracted a flood of activists and supporters who traveled to Brunswick from cities throughout the country. Lynne Whitfield, director of election protection at the human rights and justice nonprofit Transformative Justice Coalition, told CNN she is coordinating on-the-ground work outside of the courthouse, work an attorney for Travis McMichael has deemed "an unconscious attempt to influence any jurors."

Chatham Superior Court Judge Timothy Walmsley asked defense attorneys to draft a motion "walking me through the First Amendment rights you seek to infringe upon and how you intend to do this."
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Re: Killing of Ahmed Arbery - Trial of the McMichaels and Bryan Set for October 18, 2021

#25

Post by Dave from down under »

Any recommendation for live stream?

any better than this:
https://www.pbs.org/newshour/nation/wat ... -continues
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