Judge: Arbery’s imperfect past can’t be used by defense at trial
GEORGIA NEWS
By
Bill Rankin, The Atlanta Journal-Constitution
View attachment 316044
One of Travis McMichael’s lawyers, Jason Sheffield, said “Why the judge would now decide that all of his prior motives, his intent, his plan to do these things is not relevant in this case is baffling.”
Sheffield added that the jury has to try and understand why Arbery was in the neighborhood that day, what he was doing there and why he ran from Travis and Greg McMichael when they tried to question him. “Now they will be denied the truth,” Sheffield said of the jurors.
In his ruling on Monday, Walmsley noted that the McMichaels knew nothing of Arbery’s past when they chased him down that day. “It is apparent that defendants’ intended use of the victim’s other acts is to engage in speculation as to why Arbery acted as he did,” the judge wrote.
Walmsley also said the defense was trying to get “clearly bad character and propensity evidence” before the jury that is unfairly prejudicial. “The character of the victim is neither relevant nor admissible in a murder trial,” the judge wrote.
Evidence about Arbery’s troubled past may also mislead the jury, Walmsley said. It could lead the jury to believe that although Arbery did not commit a crime on the day he was killed, jurors could think “he may pose a future dangerousness in that he would eventually commit more alleged crimes and, therefore, the defendants’ actions were somehow justified on that basis.”
Even though Walmsley disallowed the defense from introducing evidence about Arbery’s past,
there is still a possibility it comes in. For example, if prosecutors introduce evidence of Arbery’s past good behavior, the defense could try to rebut that with evidence of Arbery’s imperfect past.
Porter, the former Gwinnett DA, said he does not think the Cobb County prosecutors assigned to try the case will make such a mistake. “They’ll have to be alert to such a possibility though,” he said.
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The judge in the federal case held a virtual status hearing Wednesday. Federal prosecutors in the hate crimes case said they recently received additional evidence from the state prosecutors in the murder case against the three men.
The state murder case is set for Oct. 18.
The federal prosecutors and the defense in the hate crimes case said even more discovery is expected in the state murder case. Therefore, attorneys asked the judge to extend the deadline for pretrial motions. The judge said he will consider the request, but doesn't want to move the actual trial date, which is set for February of next year.
The judge said he will issue a written scheduling order in the next day or two, and also wants to schedule another status conference.
All three men have pleaded not guilty to all of the charges.
Federal hearing for men charged in Arbery murder investigation | firstcoastnews.com
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Ahmaud Arbery murder suspects seek to ban Confederate flag license plate from evidence
Wed, October 6, 2021, 3:43 PM
Image: Travis and Greg McMichael listen to a preliminary hearing via a court video feed, on June 4, 2020, while inside the Glynn County Jail, in Brunswick, Ga. (Glynn County Jail via AP file)
The men — Gregory McMichael and his son, Travis McMichael — claimed in the
motion filed Sept. 30 in Glynn County Superior Court that photo evidence of the license plate on Travis McMichael's pickup truck "is not relevant and would be prejudicial."
The motion alleged that prosecutors plan to introduce the photo to "draw the conclusion" that when Arbery, a Black man, saw the license plate, "he interpreted its meaning" and feared the McMichaels and that is why he ran away from them. Additionally, the McMichaels' attorneys claim prosecutors will use the photo to "create the inference" that Travis McMichael used the license plate to "telegraph some reprehensible motive, bias, or prejudice," which they contend is not true.
Jury selection in the trial is scheduled to start Oct. 18.
Prosecutors requested the motion be denied. In a
motion filed this month, prosecutors said the state will present the facts of the case, one of which, they said, is that Travis McMichael had put the vanity plate on the truck he purchased sometime after Jan. 1, 2020.
"This vanity plate was on the truck at the time of the homicide," prosecutors wrote in the motion. "The jury may interpret that evidence in any way they deem appropriate and the State may make reasonable inferences, in closing argument, drawn from the evidence."
Furthermore, they said, the state has and will provide the defense with "racial animus motive evidence."
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Court officials preparing for the trial of three men charged with chasing and killing Ahmaud Arbery mailed jury duty notices to 1,000 people, a huge number that illustrates the challenge the judge and attorneys face in finding impartial jurors for a case that sparked a national outcry.
Jury selection is scheduled to begin Monday in coastal Georgia in the murder trial of Greg and Travis McMichael, a white father and son who armed themselves and pursued Arbery in a pickup truck after spotting the 25-year-old Black man running in their neighborhood.
Also standing trial is William “Roddie” Bryan, a neighbor who joined the chase on Feb. 23, 2020, and took cellphone video of Travis McMichael shooting Arbery at close range with a shotgun.
1,000 summoned as possible jurors in Arbery slaying trial
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10/8/21 Court TV Exclusive: Ahmaud Arbery's Family Speaks - Court TV
interview with his family
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600 potential jurors in Arbery trial will report to courthouse annex building Monday—
Brunswick prepares for spotlight as trial for men accused in Ahmaud Arbery’s death nears
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"Mr. English is afflicted with sarcoidosis and needs a heart transplant ... Although Mr. English’s condition is matter of record, the threat that these proceedings pose to his life appears unappreciated," a portion of the motion states. "If Mr. English appears for trial and gives testimony, doing so may kill him.
"Mental and physical stress are life-threatening to Mr. English," the motion states. "He is waiting for a heart because, due to his condition, routine levels of stress already have damaged or destroyed his organs. And the stress of testifying in a murder case is not routine stress. ... Both sides appear insensible to the fact that testifying itself could kill him."
As for asking the court to reject his wife's subpoena, a portion of the motion states, "Amy English’s knowledge is limited to privileged marital communications, all of which is hearsay."
Key witness could miss death of Ahmaud Arbery trial | firstcoastnews.com
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A 'lynching' or self-defense? 3 Georgia men go on trial in the 2020 murder of Ahmaud Arbery
The murder trial of the three white men charged in the death of 25-year-old Black jogger Ahmaud Arbery is set to begin Monday, a case where no arrests were made for months until video of the shooting emerged publicly and sparked protests.
Ahmaud Arbery and Father-son Gregory McMichael and Travis McMichael
Arbery family, friends hope to find 'some sense of peace'
Ronald Carlson, professor emeritus at the University of Georgia School of Law,
said the case is “highly significant” because it puts a spotlight on citizen arrests and stand-your-ground laws. Citizen arrests are generally authorized across the U.S., but the
laws vary widely by state. Stand-your-ground laws exist in at least 30 states, according to the
Giffords Law Center.
The case could be seen as part of a trend of public officials being held accountable for criminal conduct, Gerwig-Moore said. It is “highly unusual” for a district attorney to be indicted for failing to act in a case, she added.
“There are reasons far beyond the tragic loss of Mr. Arbery’s life that we’ll remember this case,” she said. “This fits together with George Floyd’s murder and other cases where we’re starting to see some kind of accountability.”
Akeem Baker, Arbery’s childhood friend, said he has “guarded optimism” about the outcome of the trial.
“I know the system is not meant for people of color, Black men especially,” he said. “I just want to speak positive energy toward this case to make sure it's an outcome that his family his friends get some sense of peace.”
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Glynn County braces for protests, potential unrest ahead of Ahmaud Arbery trial
So far, the county has received permit requests from two groups planning to hold demonstrations. One organization, the Washington, D.C.-based Transformative Justice Coalition, is holding a rally Sunday afternoon set to include more than 100 people from across the country.
The “Justice for Ahmaud March” begins at 2 p.m. at Holy Band of Inspiration Church in Brunswick, said Daryl Jones, the group’s co-leader and board chair. He called Arbery’s death “an Emmett Till moment” and said relatives of the slain 14-year-old will be in Brunswick to support his family at the trial. Sunday’s demonstrators will march from the church to the Arbery mural on Albany Street.
During the trial, tents and televisions will be set up on the courthouse grounds so spectators bused in from their hotel can watch the proceedings inside, according to the organization’s itinerary.
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Town hall addresses concerns over trial security
During a town hall meeting Thursday night, local leaders and the Unified Command sought to reassure the community that they are prepared for anything that might arise when the trial begins.
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Jury Duty | Glynn County, GA - Official Website
Jury Duty
TRIAL JURY
Jurors summoned for Superior Court on Monday, October 18th and Monday, October 25th:
Monday, October 18th:
Jurors with summons numbers:
1-67 are to appear at 8:15 AM
68-135 are to appear at 8:25 AM
136-200 are to appear at 8:55 AM
201-268 are to appear at 1:00 PM
269-335 are to appear at 1:15 PM
336-400 are to appear at 1:30 PM
401-468 are to appear at 3:00 PM
469-535 are to appear at 3:15 PM
536-600 are to appear at 3:30 PM
All jurors are to report to Selden Park Courthouse Annex located at 100 Genoa Martin Dr, Brunswick, GA 31520
Please check this page or our Facebook page for updates
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In the Trial of Ahmaud Arbery’s Accused Killers, Unsettling Video Will Have a Starring Role
A timeline of the Ahmaud Arbery case - CNN
@FCN2go
HAPPENING NOW: A motions hearing is getting underway in the trial of the three men accused of murder in the death of Ahmaud Arbery. Jury selection is expected to begin around 1 p.m.
@HayleyMasonTV
I'm posting this stream right now because the feed in the Glynn County courthouse is not working properly at the moment. Judge Walmsley is on the bench now taking up a motions hearing on media access in jury selection, before starting jury selection.
Media is not allowed in the courtroom for the trial or jury selection and is being asked not to show juror's faces (standard) but also not to record juror's voices meaning we would not be able to see or hear anything. Attorneys for media are asking for courtroom access.
Travis McMichael is third from top left. Gregory McMichael has the dark colored glasses on, to the left of his lawyer, Laura Hogue. Roddie Bryan is closest to the camera.
@wsbradio
@MissVWaters
Roddie Bryan atty Kevin Gough says he'll move for a mistrial if the State's question asking not just whether they've heard of the lawyers in the
#AhmaudArbery case, but what they've heard of their reputations.
@wsbradio
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@MissVWaters
More people in the 1st jury panel have a negative view of Greg McMichael than they do of Travis, his son and
#AhmaudArbery's shooter. In the one-on-ones, a juror said for him that it was because he viewed Greg as "stalking" Ahmaud & that he seemed to be "the lead dog"
@wsbradio
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Trial of Ahmaud Arbery’s accused killers will scrutinize the use – and abuse – of ‘outdated’ citizen’s arrest laws
The three defendants say they chased Arbery because they believed he was behind neighborhood burglaries and allege they
saw him trespass prior to the incident.
Arbery, of course, had committed no crime; under
Georgia’s “criminal trespass” law, entry onto “land or premises,” including a construction site, is only a crime when committed “with an unlawful purpose” or when there are posted “No Trespassing” signs. There is no evidence of either in this case.
And even if Arbery had committed a burglary, his death would have still been the result of an unjustified act of vigilantism. As the
Supreme Court has said in the context of police uses of force, “It is not better that all felony suspects die than that they escape.” Remembering that as the U.S. considers reforming citizen’s arrest statutes may go a long way in preventing any further unnecessary deaths.
