GUILTY GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #6

I agree, he had an obligation to at least attempt to keep people out and not create an attractive nuisance.

As to whether the neighbors truly did not feel safe letting their children out, I think that could be part of the neighbor legend n' lore- similar to the feelings of relentless thefts and the purported theft of high value fishing gear.

At the end of the day, there were not alot of people entering the property caught on video- maybe say seven. Of these, two were kids from the neighborhood.

"M junior's" leaving a pistol in an unlocked car to get stolen posed far more danger to the neighborhood than the property being an attractive nuisance.

"M junior's" leaving a pistol in an unlocked car to get stolen posed far more danger to the neighborhood than the property being an attractive nuisance."

Right, it shows how irresponsible he is, as if he was wanting to see someone take his gun. If you know there are car robberies you lock your car, but not Travis.

He said his own car was burglarized multiple times to the point he would just leave it unlocked. He also said a Smith & Wesson pistol was stolen from his truck parked outside his parents' house on Jan. 1, 2020.
 
FYI. A link to an excellent podcast interview of Prosecutor Linda by Preet Bahara. She discussed her background (sales!!) trial strategy, jury selection, what she thought of TM's testimony, and more. It really is great. And BTW. She genuinely believes Gough is a brilliant attorney.

Convicting Ahmaud Arbery’s Killers (with ADA Linda Dunikoski) - CAFE
 
The DA's already charged but the frontline first responders who may not have violated the law seem to have violated protocols. I am not fully up to speed on what happened at the scene. I'm aware of the references in testimony that Greg McMichael was allowed to leave the scene and come back, the vehicles were not impounded, they didn't collect evidence like Bryant's video, father and son were allowed to talk to each other and witnesses.

Can you tell whether the responding officers knew Greg McMichael from the DA's office or were aware of who he was. Is that what made the difference here? Or was the kid glove treatment simply because they were 3 white men who lived in a nice neighborhood and the dead man was a young black man?

Everyone on the scene knew who he was. At least one LEO there knew him before she arrived- the female cop who absolutely * coddled * Travis, (running around to find a bottle of water for him, asking her superior if she could let Travis go home to change his clothes, telling Travis how horrible it must have been for him to have to shoot AA).

The others knew who Greg was because he told them. Immediately & frequently. If you watch the body cams of all the responding LE you'll see how unsubtle he was about it. He not only kept telling LE he was one of them, he also kept literally inserting himself into their "investigation," including by physically barging into LE's discussions amongst themselves. Oh. And he called his ex-boss DA Jackie from the scene, within 15-20 minutes of AA being murdered.
 
RSBM

I think they may be other online activity that was not approached during this trial that may go a long way in proving state of mind. And possibly other past actions/reactions. But that is MOO.

I believe there is a great deal of evidence regarding "racism". Some is known:

The evidence included a Facebook post by Travis McMichael referencing Johnny Rebel, the 1960s-era white supremacist singer who made racist music riddled with the n-word; racist text messages from Bryan’s cellphone; and an “Identity Dixie” Facebook post by Gregory McMichael, according to the New York Times. Before the trial, the defense tried to exclude the Confederate emblem vanity plate from the trial but the judge permitted it, though the prosecution never brought it up to the jurors. In fact, none of these details were presented to the jury.
Lawyers left racism out of the trial over Ahmaud Arbery’s death. Here’s why.

but I'm assuming there is more that was not in the public domain as it was not used by the prosecution and the defense obviously wouldn't put it out there. But the investigatory files will have all the details and it was shared with the feds and they're still proceeding with the hate crime trial. This is just my personal opinion but I kind of feel like they wouldn't be doing this unless there's something newsworthy there. If it was just what was known I doubt they'd bother. The reason to bring this kind of case is really for the public. They want to show us something, is the way I see it. But I've been wrong before:(

It was NOT used in the trial as the prosecutor intentionally avoided that aspect. One of the things I really applaud her for. I'm sure it was perhaps difficult to explain to the victim's family but I agree it was the right call in this case. It seemed the family was extremely supportive of the prosecution so I'm pretty sure they understood/accepted the rationale.
 
New trial motion in Arbery's murder claims guilt wasn't proven | firstcoastnews.com

Jan. 16, 2022

In a separate motion, prosecutors are seeking to prevent the three men from profiting from the murder of Ahmaud Arbery through book or movie deals.

JACKSONVILLE, Fla. — Saying the state failed to prove his guilt beyond a reasonable doubt, the man who fired the fatal shot in the murder of Ahmaud Arbery is seeking a new trial.

The motion filed this week by attorneys for Travis McMichael offers four broad reasons a new trial is warranted. Georgia law requires such motions be filed within 30 days of a verdict, but they can be amended and revised at any time.
[.....]
State prosecutors filed their own motion this week, seeking to prevent the men from profiting from their crime. Prosecutors told the judge at sentencing they want to ensure that any money generated from future book or movie deals goes directly to Ahmaud Arbery’s family. The motion formalizes that request.

At sentencing, Bryan's attorney Kevin Gough indicated he would oppose any such motion, saying it would interfere with his client's ability to raise money for his legal defense.

No response has been filed to either motion, and no hearing date is set.
 
New trial motion in Arbery's murder claims guilt wasn't proven | firstcoastnews.com

Jan. 16, 2022

In a separate motion, prosecutors are seeking to prevent the three men from profiting from the murder of Ahmaud Arbery through book or movie deals.

JACKSONVILLE, Fla. — Saying the state failed to prove his guilt beyond a reasonable doubt, the man who fired the fatal shot in the murder of Ahmaud Arbery is seeking a new trial.

The motion filed this week by attorneys for Travis McMichael offers four broad reasons a new trial is warranted. Georgia law requires such motions be filed within 30 days of a verdict, but they can be amended and revised at any time.
[.....]
State prosecutors filed their own motion this week, seeking to prevent the men from profiting from their crime. Prosecutors told the judge at sentencing they want to ensure that any money generated from future book or movie deals goes directly to Ahmaud Arbery’s family. The motion formalizes that request.

At sentencing, Bryan's attorney Kevin Gough indicated he would oppose any such motion, saying it would interfere with his client's ability to raise money for his legal defense.

No response has been filed to either motion, and no hearing date is set.
OMG!!! Even though he's seen on videotape shooting him. There is zero doubt that he's guilty!
 
New trial motion in Arbery's murder claims guilt wasn't proven | firstcoastnews.com

Jan. 16, 2022

In a separate motion, prosecutors are seeking to prevent the three men from profiting from the murder of Ahmaud Arbery through book or movie deals.

JACKSONVILLE, Fla. — Saying the state failed to prove his guilt beyond a reasonable doubt, the man who fired the fatal shot in the murder of Ahmaud Arbery is seeking a new trial.

The motion filed this week by attorneys for Travis McMichael offers four broad reasons a new trial is warranted. Georgia law requires such motions be filed within 30 days of a verdict, but they can be amended and revised at any time.
[.....]
State prosecutors filed their own motion this week, seeking to prevent the men from profiting from their crime. Prosecutors told the judge at sentencing they want to ensure that any money generated from future book or movie deals goes directly to Ahmaud Arbery’s family. The motion formalizes that request.

At sentencing, Bryan's attorney Kevin Gough indicated he would oppose any such motion, saying it would interfere with his client's ability to raise money for his legal defense.

No response has been filed to either motion, and no hearing date is set.

Attached is the motion.
 

Attachments

  • TM motion for new trial.pdf
    289.2 KB · Views: 3
Attached is the motion.
kind of contradictory??

1.
The defendant should be acquitted · and discharged due to the
state's failure to prove guilt beyond a reasonable doubt.
2.
Although the state proved the defendant's guilt beyond a
reasonable doubt
, the evidence was sufficiently close to warrant the
trial judge to exercise his discretion to grant the defendant a retrial.

:confused: :rolleyes:
 
kind of contradictory??

1.
The defendant should be acquitted · and discharged due to the
state's failure to prove guilt beyond a reasonable doubt.
2.
Although the state proved the defendant's guilt beyond a
reasonable doubt
, the evidence was sufficiently close to warrant the
trial judge to exercise his discretion to grant the defendant a retrial.

:confused: :rolleyes:

It's like throwing spaghetti at the wall and seeing what sticks. They try for the first, and then if not the first then the second.
 
I think the state DID prove his guilt beyond a reasonable doubt, and the jury agreed. He's convicted. No backsies, do-overs.
 
Friday, January 21st:
*Pretrial Hearing for all (Federal Charges) (@ 10am ET) - GA – Ahmaud Marquez Arbery (25) (Feb. 23, 2020, shot while jogging in Satilla Shores neighborhood, Brunswick) - *Travis James McMichael (34/now 35) & *Gregory Johns McMichael (64/now 66) indicted (4/28/21), charged & arraigned (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime), 1 count of attempted kidnapping, 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence & attempted to unlawfully seize & confine Arbery in an attempt to restrict his free movement & detain him against his will & Travis: plus 1 count of discharging a firearm. Both plead not guilty. No bond.
*William “Roddie” Roderick Bryan, Jr. (50/now 51) indicted (4/28/21), charged & arraigned (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime), 1 count of attempted kidnapping & attempted to unlawfully seize & confine Arbery in an attempt to restrict his free movement & detain him against his will. Plead not guilty. No bond.
Trial set to begin on 2/7/22 with jury selection. 12 jurors with 4 alternates. Prosecuted by Assistant U.S. Attorney Tara Lyons of the Southern District of Georgia & Deputy Chief Bobbi Bernstein & Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.
State (Glynn County) case: Travis: found guilty of all charges & sentenced (1/7/22) to LWOP plus 20 years. Gregory: Found not guilty of malice murder, all other charges found guilty & sentenced to LWOP plus 20 years. Bryan: Found not guilty of malice & felony murder & aggravated assault, all other charges found guilty & sentenced to LWP after serving 30 years.
Indictment & Court info from 7/26/21 to 11/19/21 reference post #223 here:
GUILTY - GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #6

12/9/21 Update: Prosecutors & defense attorneys filed a joint motion Thursday in U.S. District Court, with both sides in agreement that casting a wider net for potential jurors will improve the odds of seating an impartial jury. Attorneys want the jury pool to come from an expansive area of Georgia that covers 43 counties, including some that are a four-hour drive from the courthouse where the trial will be held. Motions hearing on 12/20/21.
12/20/21 Update: All three defendants were inside the federal courthouse in Brunswick on Monday. U.S. District Court Judge Lisa Godbey Wood on Monday granted a motion expanding the potential jury pool in the upcoming hate crimes trial. The judge’s decision to grant the motion also ensured the trial will stay in Brunswick. The judge said around 1,000 jury duty notices & 14 page questionnaires will be mailed to people living throughout the federal court system's Southern District of Georgia, which covers 43 of Georgia's 159 counties. She also granted a motion in terms of the jury questionnaire. The judge said two of the questions relating to social media were “too broad” & requested charges in how they were drafted. The court is aiming to seat 16 jurors, with the trial starting 2/7/22. The final pretrial hearing is scheduled for 1/31/22. Next pretrial hearing on 1/21/22 @ 10am.
1/10/22 Update: The Dept. of Justice approached Arbery's mother, Wanda Cooper-Jones, about a plea deal that would have Travis McMichael & his father Gregory McMichael spend 30 years in prison if they admit that what they did was motivated by hate, according to Arbery family lawyer Lee Merritt. Cooper-Jones told "CBS Mornings" she rejected the deal because she wants the men to stand trial in court for the death of her son (and all of the charges associated, including those motivated by racial prejudice). She said, “I think that the federal charges are just as important as the state charges & I think that they need to stand trial for those charges as well.”

 
Whether racist text messages will be allowed as evidence in the hate crimes trial of three white men convicted of murdering Ahmaud Arbery is one topic that will be discussed at a scheduled Friday hearing.

One motion to be discussed, filed by Bryan, asks the judge to exclude what his lawyers call “highly inflammatory” comments of his that would “rightfully anger” …any “African-American” jurors.

The judge is also expected to close the courtroom to the public and the media to hear several sealed motions.

At least one involves “the racial-animus evidence [prosecutors] will seek to introduce against the defendants at trial,” buttressed by their “reasons why such evidence is relevant and admissible.” There are numerous sealed records on the court docket.


Racist texts to be discussed during hearing for Ahmaud's killers | firstcoastnews.com
 
Whether racist text messages will be allowed as evidence in the hate crimes trial of three white men convicted of murdering Ahmaud Arbery is one topic that will be discussed at a scheduled Friday hearing.

One motion to be discussed, filed by Bryan, asks the judge to exclude what his lawyers call “highly inflammatory” comments of his that would “rightfully anger” …any “African-American” jurors.

The judge is also expected to close the courtroom to the public and the media to hear several sealed motions.

At least one involves “the racial-animus evidence [prosecutors] will seek to introduce against the defendants at trial,” buttressed by their “reasons why such evidence is relevant and admissible.” There are numerous sealed records on the court docket.


Racist texts to be discussed during hearing for Ahmaud's killers | firstcoastnews.com
How can the defense hope to keep this out? As they’re being tried for hate crimes, I would think that evidence of that hate would have to be introduced.
 
Georgia deputy resigns after fallout over Ahmaud Arbery ‘criminal’ comment Former Houston County Sheriff’s Deputy Paul Urhahn was suspended earlier this month pending termination.
Jan. 21, 2022, 8:21 AM PST / Updated Jan. 21, 2022, 9:32 AM PST
By Minyvonne Burke
A Georgia sheriff's deputy who was suspended over comments he made about the murder of Ahmaud Arbery resigned from his position.

Former Houston County Sheriff’s Deputy Paul Urhahn wrote in a letter of resignation that he was stepping away over the department's handling of the incident.

In the letter, which the department shared with NBC News, Urhahn wrote that he was exercising free speech when he called Arbery a "criminal" who "got the death penalty."<snip>
"However, as you are aware, during my off-duty time while exercising my Constitutional rights to Free Speech, a very unfortunate series of events occurred, and the manner in which they were handled, is something I cannot support."

Urhahn said after "deep consideration" he decided that he could not "continue as a member of this team and organization."

"To continue to do so would be against who I am and what I believe in," he wrote in his letter. His resignation went into effect on Wednesday. more at link: Georgia deputy resigns after fallout over Ahmaud Arbery ‘criminal’ comment
 
Georgia deputy resigns after fallout over Ahmaud Arbery ‘criminal’ comment Former Houston County Sheriff’s Deputy Paul Urhahn was suspended earlier this month pending termination.
Jan. 21, 2022, 8:21 AM PST / Updated Jan. 21, 2022, 9:32 AM PST
By Minyvonne Burke
A Georgia sheriff's deputy who was suspended over comments he made about the murder of Ahmaud Arbery resigned from his position.

Former Houston County Sheriff’s Deputy Paul Urhahn wrote in a letter of resignation that he was stepping away over the department's handling of the incident.

In the letter, which the department shared with NBC News, Urhahn wrote that he was exercising free speech when he called Arbery a "criminal" who "got the death penalty."<snip>
"However, as you are aware, during my off-duty time while exercising my Constitutional rights to Free Speech, a very unfortunate series of events occurred, and the manner in which they were handled, is something I cannot support."

Urhahn said after "deep consideration" he decided that he could not "continue as a member of this team and organization."

"To continue to do so would be against who I am and what I believe in," he wrote in his letter. His resignation went into effect on Wednesday. more at link: Georgia deputy resigns after fallout over Ahmaud Arbery ‘criminal’ comment
BBM. So he's admitting that who he is is a racist, wow, just wow!
 

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