GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4

[ChezBoris]

As the judge does his round-robin to see if lawyers have anything before we break, Bryan atty Kevin Gough said "For the record I'd hoped to hear something back from the Court after the remarks this morning." Judge Walmsley says I'm confused--what are you waiting for? Gough: I was mistaken. I have nothing else today

My theory on this utterly bizarre event was that little Gough was expecting the judge to APOLOGIZE. I really think that was it!

If you go to 7:24:55, that's where you can watch for yourself. Gough's humble-proud demeanor, all expectant... he really thought that the judge owed him an apology.

On another note, one thing that I think really gives away how inexperienced Gough is, is how he relies on the constitution as his precedent for why certain motions should be passed. That's because he has those memorized and just shoe-horns whatever is going on under one of those provisions. It would be a lot more effective to do what we see Dunkioski do, which is cite specific precedent from previous court rulings.

 

[Niner]

for Monday, Nov. 15th continued:

Veronica Waters
@MissVWaters
·
13h
The State also showed video from Roddie Bryan's driveway with a time stamp of 2:40 PM on Feb. 23. Bryan is seen riding up the drive on a bike.

https://twitter.com/i/status/1460335852744318981

Back from recess, Travis McMichael atty Jason Sheffield begins cross of Agent Kelly. He asks, in May 2020, did the medical examiner say he didn't have an opinion on the order of the shots? Couldn't determine them? Correct, said Kelly.

Prior to and on Feb. 23, Kelly saw no communication on cell phones between Greg McMichael and Roddie Bryan.

State calls Brian Leppard, who works for the GBI State Crime Lab in Savannah. He's worked there 16.5 years. He's a firearms and tool mark examiner.



Along with a projectile, burnt & unburnt particles of gunpowder, and lead come out of a gun when it's fired. Soot is a layman's term to describe all that. Stippling is the mark made on an object if it's close enough to the muzzle.

ADA Dunikoski assures jury Exhibit 339 has been rendered safe by the sheriff's department here. Leppard pulls on a pair of purple gloves, pulls out a silver revolver, and says he recognizes it as one submitted to him for analysis in the homicide of #AhmaudArbery.



Leppard identifies Exhibit 342, some lead pellets, probably from a shotgun, since they're that size. #343 is a combo of both pellets and wadding. Can't match pellets; they don't make comparable marks as "random balls going down the barrel of a gun"



Leppard describes cartridge case--sometimes called a shot shell--and a cartridge--unfired ammunition component.

Leppard identifies Ex/ 332; confirms for the courtesy of the Court this shotgun is unloaded. He IDs a 12-gauge Remington shotgun he received in reference to the homicide of #AhmaudArbery. There are also test fires he made and 12-gauge cartridges submitted w/the weapon



Leppard says he also looked at clothing of the victim #AhmaudArbery, video of the homicide, the frame-by-frame images of the video, and crime scene photos of Arbery's body. Then he performed muzzle-to-target distance analysis--examining shirt holes, testing particles.

Gunshot residues on the front of Mr. #AhmaudArbery's shirt were consistent with "contact or near-contact gunshot holes of entry," testifies Leppard.

This is from the left shoulder area. The end of the shotgun was very close to that fabric when it was fired, Leppard says, evidenced by the large hole & the measurement--4 or 5 inches across.



Leppard says that for the hole to be this large it had to be from large amt of gas exiting end of gun--also fabric edges seared & rolled up are from a contact or near-contact shot. Can he tell if the gun was pressed up against #AhmaudArbery? Hard to say but pretty close

Mr. #AhmaudArbery had one chest wound, but there are three holes. Leppard isn't sure why.

The following media includes potentially sensitive content.



Leppard explains after firing a shotgun once, you have to manually pull the slide back to eject the spent cartridge & load next one into chamber. Each time. Slide rearward, slide forward. Tests show it takes ~3.25 pounds of pressure to fire this shotgun.



Leppard measured the shotgun barrel. It is of legal length. He measures it in front of jury. State asks him to hold gun as if he'd fire it and please don't point it at anyone. Judge quietly echoes this and points, courtroom laughs quietly



Trigger to end of shotgun barrel is about 25 inches. Leppard says you can hold the gun in numerous ways to shoot it as long as you can pull the trigger. Bob Rubin, attorneye for #AhmaudArbery shooter Travis McMichael, is doing his cross-exam.



Bob Rubin asks Leppard if he was asked to determine the muzzle-to-target distance b/c it hadn't been determined yet? He says yes. Rubin asks if he spoke to a former GBI agent named Jay Jarvis around 2 months ago, close to when he and Leppard spoke.

State objects as to relevance. Rubin says it goes to why the clothing was examined in June 2021 as opposed to May 2020 when the case first came to his office. State says, Because we asked him to do it. Not sure what's relevance. Rubin says he'll move on.

link: https://twitter.com/MissVWaters

continued in next post...

 

[Niner]

Monday, 11/15 continued.

Veronica Waters
@MissVWaters
·
12h
Rubin asks Leppard about holes in #AhmaudArbery tee being from contact or near-contact shot--is that an inch or two at most? Leppard says it's very close, wouldn't give a definite number, but close enough for gas to sear, tear, roll back fabric.

Leppard tells Rubin the gun barrel was just over 18", just long enough to be legal in length. Rubin asks him to, using the wood, show about how close a near-contact shot would be.



Leppard was not made aware of any fingerprint results from the shotgun. Rubin: The shotgun was clearly within arm's reach of whoever--Mr. Arbery in this case--was on the receiving end of the shotgun blast?

Leppard says, "It's reasonable to say that if the end of the shotgun can touch your shirt, if you are the victim, then it would be reasonable to think that you can also grab the shotgun. Is that answering your question?" Rubin: It sure does. Thank you.

Re-direct by Dunikoski: Leppard says in May 2020 he got items from medical examiner--pellets and wadding and clothing--into the lab. They go over other items/dates and report was issued June 10, 2020. He says her office asked him to do analysis.

Rubin asked if he knows why Ms. Dunikoski wanted him to do distance analysis. Leppard says for the completion of case & evidence. Muzzle-to-target isn't typically done by them--usually just when prosecutor asks.

Rubin: Do u know if medical examiner did muzzle-to-target analysis? Leppard: IDK, but I believe he had an opinion on distance. Rubin: Were the elevators working in your bldg? Any reason the ME couldn't bring you that tee? Leppard: That'd be up to him.

Judge called lawyers up for a quick sidebar, and then let the jury go home for the day. He says court resumes in the #AhmaudArbery shooting case at 9AM Tuesday. As the judge does his round-robin to see if lawyers have anything... 1/2



...before we break, Bryan atty Kevin Gough said "For the record I'd hoped to hear something back from the Court after the remarks this morning." Judge Walmsley says I'm confused--what are you waiting for? Gough: I was mistaken. I have nothing else today.

Travis McMichael atty Jason Sheffield had argued: Until the State has to hold the trembling hand of the accused, these types of moments don't impact the State. They favor the State. We're at 2 strikes. We've had one outburst addressed, now a 2nd.



Judge noted during jury selection that no juror said they'd been disturbed by or even seen what was happening outside. Counsel knows, b/c Court has informed them, that steps are taken to make sure they're not during the trial either.

Now this, w/individuals coming into courtroom, "I will say is directly in response to your statements, Mr. Gough, which I find reprehensible--the Col Sanders comment you made last week may be influencing what is going on here."



Judge: To his credit, Mr. Sheffield made some comments--Come one, come all. ... Your words in this courtroom have a lot of impact on what's going on. My measured response is to balance all of that out. Not going to deny a mistrial based on these arguments.

Yes. I've declined to show unedited crime scene photos to date, b/c I don't know how to "hide" them first. The State pointed out pre-openings that the Ofc. Duggan bodycam, for example, shouldn't be hidden from jurors. I don't want to censor evidence but don't want it auto-shown

This is from Roddie Bryan's driveway, not the McMichaels'. You can see the white truck trailing Arbery. This is about Bryan's gait and the elapsed time and how a juror will gauge that. Gough says that his client didn't "run" to get keys and crank up his truck.

link: https://twitter.com/MissVWaters

 

[Niner]

Tuesday, Nov. 16th:
*Trial continues (Day 8) (@ 9am ET) - GA – Ahmaud Marquez Arbery (25) (Feb. 23, 2020, shot while jogging in Satilla Shores neighborhood, Brunswick) - *Gregory Johns McMichael (64/now 65) arrested (5/7/20) & charged (5/8/20) with felony murder & aggravated assault. Indicted (6/24/20), charged & arraigned (7/17/20) with 1 count of malice murder, 4 counts of felony murder, 2 counts of aggravated assault, 1 count of false imprisonment & 1 count of criminal attempt to commit a felony. Plead not guilty. Held without bond. Bond denied (11/13/20).
*Travis James McMichael (34/now 35) arrested (5/7/20) & charged (5/8/20) with felony murder & aggravated assault. Indicted (6/24/20), charged & arraigned (7/17/20) with 1 count of malice murder, 4 counts of felony murder, 2 counts of aggravated assault, 1 count of false imprisonment & 1 count of criminal attempt to commit a felony. Plead not guilty. Held without bond. Bond denied (11/13/20).
*William “Roddie” Roderick Bryan, Jr. (50/now 51) arrested & charged (5/21/20) with felony murder & criminal attempt to commit false imprisonment. Indicted (6/24/20), charged & arraigned (7/17/20) with 1 count of malice murder, 4 counts of felony murder, 2 counts of aggravated assault, 1 count of false imprisonment & 1 count of criminal attempt to commit a felony. Plead not guilty. Held without bond.
Trial began on 10/18/21 with jury selection & ended on 11/3/21. Trial began on 11/5/21. Jurors: 5 men & 11 women with 4 alternates. 15 white/1 black jurors. 11/4/21: Juror #579 was excused, sick. Alternates now 3.
Court info from 5/8/20 thru 10/17/21 & Jury selection (Day 1-12) 10/18/21-11/3/21 & Trial (Day 1-6) 11/5/21 to 11/12/21 reference post #321 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
11/15/21 Monday, Trial Day 7: Start today with Bryan's attorney, Kevin Gough, asking judge to ask the sheriff, bailiffs to identify & keep track of people in the gallery of courtroom. Comes after Gough's statements last week saying "we don't want any more Black pastors coming in here." Gough said this morning "in my understanding in a case like this, that would be best practice," (to keep track of who comes into gallery). Judge says if someone is in gallery that's their right, he won't track who comes in & out, if disruptive he will address that.
Before Judge Walmsley greeted jurors, he denied Bryan's attorney Gough's question to reconsider mention of his client's polygraph exam; results have already been excluded.
State witnesses: GBI Assistant Special Agent in Charge Jason Seacrist on cross by attorney Gough. Re-Direct by Prosecutor Larissa Ollivierre & re-cross by Gough.
for more info see posts #326 & 332 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
ADA Dunikoski talked about a brief re: next witnesses to show Arbery was an avid runner. It's not for character evidence & not to "open the door" for defense. Defense attorney Sheffield said he thought the Court ruled Arbery's intent in the neighborhood was irrelevant. Hogue says there may be a different answer to the "why" of Arbery being in that neighborhood on Feb. 23. Says defense ought to be able to offer alternative. Judge Walmsley went into another recess to review.
Judge Walmsley back; asks State whether witnesses will say Arbery was a runner or that he was a runner in the Satilla Shores area. Larissa Ollivierre says Ms. Flowers will testify she'd see him running near his home & near area around Satilla day & night. And more on Gough not liking Jackson in the court room.
for more info see posts #338, 347 & 354 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
Gough is now filing a motion for a mistrial "based on the people in the gallery" and "atmosphere of trial inside and outside the courtroom have denied Bryan a right to a fair trial." All defense attorneys joining in motion to declare a mistrial. Judge calls Gough's statements "reprehensible." He says Gough's Colonel Sanders statements influenced what's happening now and he says attorneys' words have impact on what is happening outside courthouse. Judge Walmsley again says he will not grant a mistrial.
for more info see posts #341 & 347 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
State witnesses: Carol Flowers. Arbery was her next-door neighbor.
for more info see post #347 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
Anne Kisler-Rao works for the GBI's State Crime Lab in the trace evidence section. They analyze often-microscopic evidence. She's a microanalyst.
for more info see post #347 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
Jesse Worley, a latent print examiner for the GBI.
for more info see post #348 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
GBI Special Agent Lawrence Kelly.
for more info see posts #346 & 348 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
GBI Special Agent Lawrence Kelly continued.
For more info see post #363 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
GBI State crime analyst Brian Leppard, who works for the GBI State Crime Lab in Savannah. He's worked there 16.5 years. He's a firearms & tool mark examiner.
for more info see posts #363 & 364 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
Trial continues on 11/16/21.
*Federal charges: *Travis James McMichael (34/now 35) & *Gregory Johns McMichael & *William “Roddie” Roderick Bryan, Jr. Next motions hearing on 11/19/21. Trial set to begin on 2/7/22.

 

[Smkd]

So I’m a bit late to comment on this because the testimony was on Friday, but what I got from Mr. Rash’s testimony is that no matter how much Mr. English now wants to claim that he wasn’t all that concerned about trespassing, reality is that he would tell anyone who would listen, and he got half the neighbourhood riled up about it. And I think the reason he gave GM’s number to him is, first because he never imagined it would come to this and probably didn’t think it was that big of a deal, and second because he was sick and tired of Mr. English him calling him all hours of the day even on his days off.

I don’t know if this is normal, but when he was testifying about getting calls from him on his personal phone, on his days off or when he was off duty I told my boyfriend “if someone was taking these liberties after I offered to help, I’d probably also be trying to get him off my back”.

Stupid thing to do but I don’t think this was a foreseeable outcome in his mind, I don’t know. Bet he won’t be giving out his number or anyone else’s for that matter now

 

[clearskies1]

I will post the rest of the tweets in the morning! Good night all!

@Niner thank you so much for posting the tweets!! Very helpful.

 

[Niner]

@Niner thank you so much for posting the tweets!! Very helpful.

My pleasure! That way I have something to reference when I post my updates!

 

[sds71]

@newsworthy17

Gough filed a motion to prohibit behavior to intimidate jurors. Says it raises more issues with more authority and detail than raised previously.

Gough wants it to be addressed before trial continues. Says, as shocking as it may be, "I definitely need a bathroom back" and offers the court to consider the motion. Walmsley allows break, but says let's get back to the witness (medical examiner) in 10 minutes.


@KaileyTracy

Day 8 of testimony in trial in death of #AhmaudArbery underway -Prosecutors inch closer to resting case -They're expected to call medical examiner as 1st witness today -Several employees w/ GBI testified yesterday + defense motioned for mistrial, which judge denied

Prosecutor: says she was handed pile of 68 police reports certified Nov. 11 this morning. Said defense has made discovery violation by withholding these reports until now. "State has been blindsided." Wants it excluded.

Gough says he hasn't seen this pile of reports until this morning, other defense attorneys, he says, didn't tell him about it, calls himself the "red headed stepchild." Travis McMichael's mother, Greg's wife, sighed loudly when Gough made those comments, pool reports

State, defense butting heads about issue. Defense: won't go into detail about reports, just plans to talk about nature of call. Want to show neighbors calling police. State: if any reports allowed into evidence, all need to be allowed, will go through incident by incident w/ jury

Defense: plans to show high volume of suspicious persons calls that was talked about on neighborhood's FB page. Said state has known about cases. "Establishes that this neighborhood is experiencing a high volume of crime” that’s then talked about online

Prosecutor: says several of reports are personal issues like roommate disputes and irrelevant. Defense said the state gave them certified copy of information in shortened report and said they went and got all of reports. Defense: plans to show there's lots of concerned neighbors

Judge said will get ruling ASAP on Gough's motion

 

[tlcya]

uggh, autopsy photos very graphic. Just an FYI for those tuning in today.

 

[sds71]

@MissVWaters
In the #AhmaudArbery shooting case: Edmund Donoghue takes the stand. He is a physician and forensic pathologist. He got his medical degree in 1970, and joined the GBI as a medical examiner in 2007...
Donoghue details pics of blood spreading on #AhmaudArbery's tee, points out blood spurting from his wrist. "This is all coming from his wrist?!" Dunikoski asks. He confirms it is. Pix where it looks like a belt: doc says this is blood pouring; belt has the straight edge
A juror was leaning all the way forward with her head resting on her chin as Dr. Donoghue testified. He had the whole jury's full attention. Some nodded at his explanations.
Court broke for a brief recess. During the break, Laura Hogue walked up to give a hug to Leigh McMichael, who appeared to be wiping tears. Hogue told her, “It’s hard for Greg, too.”
@wsbradio

@newsworthy17

Dunkikoski: "What personal items were found on Mr. #AhmaudArbery?" Donoghue: "No personal items were found, no phone, no wallet, no weapons."

Donoghue testified #AhmaudArbery was in a "flight or fight" reaction. "When you run into a situation that is stressful or you are afraid of or is going to cause anxiety, your brain will correlate a flight or fight."Donoghue says met with a dangerous situation, your adrenal gland are activated which could lead to raised heart rate, dilating pupils. It also shuts down blood supply to gut/bowl so more can go to muscles. this prepares you to run of fight"

Donoghue: "As soon as he realized there was a threatening situation, the glands would activate

Prosecutor Dunikoski: Is there anything they could have done on scene to save his life? Medical Examiner: No.
@HayleyMasonTV

The state is asking to show Ahmaud Arbery's running shoes in court. The defense attorneys don't want them shown because they argue it's a "backdoor" way to bring in testimony about how Arbery was an avid runner. Defense again wants to say he was running for other reasons.

"We don't dispute he was an avid jogger," defense attorney Frank Hogue says, we just want to offer alternate reasons for why he was running on 2/23 in Satilla Shores
Gough: Says shoes are MaxAir Nikes, "most if not all brand are running shoes; some of those shoes are for other events, such as basketball." He speculates if they're even running shoes.

The state withdraws their request to show the jury Arbery's shoes.

 

[tlcya]

yes, the man running for his life, tried to wrest away the shotgun his attacker was shooting him with. I truly despise these three defendants. The audacity, the entitlement, the fact they thought they had every right to randomly chase and detain someone who didn't "fit" in their neighborhood.

 

[ilovewings]

yes, the man running for his life, tried to wrest away the shotgun his attacker was shooting him with. I truly despise these three defendants. The audacity, the entitlement, the fact they thought they had every right to randomly chase and detain someone who didn't "fit" in their neighborhood.

I also despise these three defendants and their attorneys- now a motion to prevent the prosecution from showing the shoes Mr. Arbery was wearing the night he was chased, stalked shot and killed, because you know, the defense intends to insinuate these were not really running shoes, but shoes he wore so could break in to a house under construction and prove he of course "was up to no good". I can hardly watch and in fact I probably won't watch a good deal of this.

 

[Yuletide]

In my humble opinion, describing AA as a typical jogger is like describing “the posse” as a typical Neighborhood Watch Program. Neither is accurate in my opinion.

 

[Hope4More]

*All* those defense attorneys are so eager to bring in "bad character" evidence about AA that they keep on pouncing & asserting they hear the creaking of a door being open by the State, even when all the State has done is check the locks on that closed door, or even just walk on by it....

 

[Hope4More]

In my humble opinion, describing AA as a typical jogger is like describing “the posse” as a typical Neighborhood Watch Program. Neither is accurate in my opinion.

What's a typical jogger? Or, what makes someone who jogs not a typical jogger?

 

[tlcya]

defense arguing to allow reports of crime in the neighborhood under 401. State wants to be able to go back if they do so and specify what findings if any LE had on those calls (ie. this call was about a white couple, this call was a false alarm, this call was about teens hanging out in driveway, etc.)

defense states they aren't trying to insinuate that AA was the cause of those calls, trying to set the mood of concerned neighbors. state's stance is they are trying to create the impression this poor neighborhood was suffering a crime wave and the residents were all so very concerned about it and posted to FB about it.

Judge: I don't think all calls between that time period are relevant and have concerns that once we get into those, we start getting into hearsay. I'm not gonna say defense can start putting in a bunch of police calls just because somebody made a list and gave it to somebody.

 

[Hope4More]

That an unknown number of peeps in the Satilla Shores neighborhood whipped themselves into hysteria & called 911 to report their own shadows does not mean there was an actual crime wave in the neighborhood, much less that SS was "under attack." . But it's VERY clear the defense is doing it's utmost to conflate those two things.

 

[Chelly]

Question for posters familiar with the attorneys: In terms of quality are the defense teams and prosecution teams equal?
TIA.

 

[sds71]

The State next calls Richard Dial to the stand, one of the key witnesses in this investigation. His testimony has been the subject of many preliminary inquiries before the Court today.
Dial became the lead investigator on the case on May 6, 2020 when the GBI took over the case.
https://twitter.com/HayleyMasonTV/status/1460686629501341697?s=20

 

[tlcya]

Richard Dial recalled to the stand. special agent for GBI. training includes basic LE training, extensive training in crime scene processing. worked probably 100s of cases in his 20 years w/ department.