GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3

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  • #421
This is a long one since they haven't been in court lately - will shorten it up!

Wednesday, May 12th:
*Motions hearing for both (Day 1 of 2) (@ 10am 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).
Trial set to begin on 10/18/21
Court info from 5/8/20 thru 10/5/20 reference post #284 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3

10/8/20 Update: Bond hearing for both McMichaels is scheduled for 11/12/20. The following matters will be addressed: Petitions for bond (Travis & Greg McMichael), Special Demurrers Nos. 1-8, Joint motion for deposition of Larry English, State's Motion for Ex-Parte hearing & Motion to enjoin the State in front of Judge Timothy Walmsley in Brunswick.
11/12/20 Update: McMichael & his adult son, Travis appeared Thursday morning before Superior Court Judge Timothy Walmsley. They also have asked the judge to reject two of the counts against them, including malice murder, saying they were charged in a legally flawed indictment. The outside prosecutor assigned to the case, Cobb County District Attorney Joyette Holmes, was defeated in the Nov. 3 election. Holmes' successor, Flynn Broady, will inherit the case. The Judge will make his decision on bond hearing at 10am on 11/13/20. Bond hearing Day 1: Superior Court Judge Timothy Walmsley is now on the bench. Gregory McMichael and his son, Travis McMichael, are asking the judge this morning to grant them bond & other motions. The lawyer for Roddie Bryan, who recorded video of Arbery's chase & shooting, says Bryan does not want to be on camera for this hearing. A medical issue is mentioned & atty. Kevin Gough says if a medical problem arises during the hearing, "no one will see it". Defense lawyers Bob Rubin & Franklin Hogue talking about the motions they've filed to exclude certain evidence--including social media posts & the probable cause hearing transcript. Attorney Jason Sheffield (Travis' attorney) tells judge they intend to call witnesses to show why Greg & Travis McMichael are good witnesses for bond, but the State's exhibits just want to show this is about "racist whites running after & murdering an innocent black child. Prosecutor Jesse Evans says he didn't get notice until yesterday of defense filing re: racist social media posts; nevertheless, he says someone thought Greg & Travis McMichael would like it enough to send it to them; Travis laughed and shared it. Judge Walmsley will allow in the social media evidence. First witness for defense (Travis) was Allison McMichael, wife of Greg & mother of Travis. Next witness: Shawn Lee Sawyer, friend of Travis since high school. He & his wife will put up their house for Travis' bond. Ashlee Sawyer, wife of Shawn Sawyer. Zachary Langford, another longtime friend of Travis. Ashley Langford, friend of Travis. After break, back on stand for defense (Greg) Allison McMichael. Linton Jordahl, retired federal employee, friend of Greg. Connie Scroggs owns the property that the McMichaels rent. Bobby Ellis, friend of Greg. Dr. George "Trey" Powell, Greg's cardiologist. Laura Hogue (Greg's attorney) raises again the issue of making a proffer on behalf of former Glynn County policeman Mario Morales's expected testimony; he's a former coworker of Greg McMichael. ADA Jesse Evans objects, saying he has no idea of what Morales planned to say. Defense rests in arguments for bond. Cobb Co. Sr. ADA Jesse Evans began rebuttal; says voluminous evidence has been submitted via flash drive incl. video & audio. Will also tender two notebooks. Cobb ADA Jesse Evans read a note to the Court from Arbery's father, Marcus Arbery, urging him to deny bond to the defendants. Wanda Cooper-Jones (Arbery's mother) spoke. Bond hearing continued to tomorrow, 11/13/20.
11/13/20 Update: Bond hearing Day 2: State rested. No witnesses called. Laura Hogue (Greg's) called Jeff Miller, Director of Certification & Training at Georgia Peace Officer Standards & Training Council. Greg's defense team took its turn submitting rebuttal evidence. Cobb Co. Sr. ADA Jesse Evans presented his case. Evans says the evidence of Greg & Travis McMichael's previous good things in their career or history has no relevance in this bond hearing: "This is not a day to give out gold stars for past good deeds". Showed Bryan's video of the chase. Talked about Greg's "world views" & the items found on his social media, including a monitored hate group, "Identity Dixie." ADA Evans said along with calls Greg made to his former boss, the DA, & another investigator, show he was trying to obstruct justice & influence the investigation into Arbery's shooting. ADA Evans plays jail phone call of Greg & wife, telling her to tell their daughter Lindsay to get rid of her social media. ADA Evans says Greg tried to influence a witness in the case, telling someone not to talk to police. Evans doesn't say who this witness is. ADA Evans said Travis also tried to influence a witness & interfere with the investigation; he also said his sister should turn off her phone. Travis attorney Bob Rubin up, telling Judge what a good person he is. And Greg's attorney Laura Hogue finished her closing. Judge Walmsley said before he rules on bond for Gregory & Travis McMichael, he wants to see where they stand on the other items on the schedule: a motion for a deposition of Larry English, and demurrers to the indictment. Judge Walmsley says he found in regards to Travis McMichael, serious concerns about bias among the witnesses. Also: Greg McMichael "placed the law in his own hands. Judge Walmsley says the video shows him the McMichaels are a danger to the community: "There's a significant danger in all those actions...then, the DA was called from scene." Says he won't get into the social media aspect; may touch on it in written order. Judge Timothy Walmsley denied bond for Gregory & Travis McMichael. The defense plans to appeal the judge’s bond order. The judge granted an extension for filing pre-trial motions to all 3 defense teams. That date is now December 31, 2020.
12/31/20: Defense filed Motion (4.4) in Limine to exclude use of the prejudicial term "victim". Motion (2.1) to exclude from trial all jail calls, but allow mention of Arbery’s criminal record during their trial. Motion (4.3) to limit quantity & content of "in life" photographs & to restrict the manner of introduction & the image should not show him with family or friends. Motion (4.5) to maintain the safety & decorum of the courtroom; "Black Lives Matter", "I can't Breathe" or "Justice for George Floyd" face masks should also be barred. And outside the courthouse: facemasks, T-shirts & other items that contain similar slogans, such as "I Run With Maud" & "Justice for Ahmaud".
3/19/21 Update: Hearings in the trial of the three defendants in the February 2020 shooting death of Arbery are scheduled for May 12-13 in Glynn County. Matters scheduled to be discussed over the two-day hearings include: Bryan’s omnibus motion for fair trial; a McMichael defendant’s notice of intent to introduce evidence; the state’s motion to address Arbery’s character outside of a jury’s presence; and defense attorneys’ motion to exclude defendants’ jail calls from trial. Judge Timothy Walmsley has already denied a motion from one of the defense attorneys claiming the Cobb County District Attorney prosecuting the case is biased.
4/19/21: In a new court filing, attorneys for Greg & Travis McMichael asked the judge to allow the pair to "be present in the courtroom at each & every further stage of the proceeding." The motion filed last week cites constitutional & case law that a defendant "is entitle[d] ... to be present at all stages of the proceedings." The judge has not yet ruled on the motion.
4/28/21: The deputy chief assistant district attorney for Cobb County has resigned. Because of that, Cobb County District Attorney Flynn D. Broady, Jr. said Senior ADA Linda Dunikoski will step into the role of the lead prosecutor for the shooting death case of Ahmaud Arbery.

*Travis James McMichael
(34/now 35) & *Gregory Johns McMichael (64/now 65) charged & indicted (4/28/21) 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. Plead not guilty. No bond.
Southern District of Georgia Federal Grand jury indicted & charged (4/28/21) with 1 count of interference with rights (hate crime) & 1 count of attempted kidnapping; the indictment also charges Travis & Gregory McMichael with 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence. This case was investigated by both the FBI & the GBI & is being prosecuted by Assistant U.S. attorney Tara Lyons of the So. District of Georgia, Deputy Chief Bobbi Bernstein & Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.
5/11/21 Update: The McMichaels & Bryan had their first appearance in Federal Court on hate crimes & attempted kidnapping charges. Each man has asked for an appointed attorney (different from their defense attorneys in the murder trial). U.S. Magistrate Judge Benjamin Cheesbro outlined the five hate crimes & civil rights charges, including that the defendants "did willfully, by force & threat of force, injure, intimidate, and interfere with Arbery, an African American man, because of his race & color". Possible sentencing options are being read now in Federal Court. Travis & Gregory McMichael face up to life in prison. The three men charged in the killing of Arbery entered not guilty pleas on federal hate crime & attempted kidnapping charges. The defendants have previously been denied bond in the State's murder case so they will not get bond in the federal hate crimes case. They are being returned to state custody now.


ALSO:
*Motions hearing (Day 1 of 2) (@ 10am ET) - GA – Ahmaud Marquez Arbery (25) (Feb. 23, 2020, shot while jogging in Satilla Shores neighborhood, Brunswick) - *William “Roddie” Roderick Bryan, Jr. (50) 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 set to begin on 10/18/21.
Court info from 5/22/20 to 9/11/20 reference post #284 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3

11/2/20 Update: Bryan argues in court papers that he is unfairly being held while the suspects in the high-profile, racially-charged police shooting cases have all been granted bonds while awaiting trial. Next bond hearing on 11/12/20.
11/12/20 Update: The Judge will make his decision on bond hearing at 10am on 11/13/20. 11/13/20 Update: Bond denied the McMichaels, but no ruling on Bryan. 12/31/20: Motions filed last week included one by Kevin Gough, which is asking for a judge to grant a second bond hearing due to defendant Bryan. The motion says Bryan continues to suffer from uncontrolled high blood pressure.
1/12/21 Update: Defense filed 3rd Request for hearing amended Motion for reconsideration of bon. 1/18/21: In the motion filed Monday, attorney Kevin Gough argues that Bryan’s chances of going to trial before the one-year mark of his arrest are slim, constituting a denial of his right to a speedy trial. Gough said the threat of COVID-19 infection is now greater than it was at any time since jury trials were suspended. He further argues that the threat of COVID-19 is not sufficient to delay the trial of his client. Gough’s motion calls for “an evidentiary hearing and pre-trial ruling” on his claims of a “speedy trial violation.” The case is being prosecuted by the Cobb County District Attorney’s Office, which has until Jan. 31 to respond to the motion, said Cobb County DA spokeswoman Kimberly Isaza.
1/28/21 Update: Judge Timothy Walmsley has denied the request for a second bond hearing for Bryan charged in a high-profile murder case in Southeast Georgia. The prosecutors in the case also responded to the defense attorneys’ request for discovery of evidence in the case. Prosecutors plan on setting up a Zoom conference with all defense teams to help them find evidence provided. 1/28/21: Attorney for Bryan requests new prosecutor cited due to the "racially & politically charged nature" of the 3 white men accused of killing Arbery, who was black.
3/10/21: Motion to Compel issuance of juror summonses & set date for jury selection. In the motion: If the trial of this case is scheduled to commence by the end of May, as suggested in a previously filed motion, there are but one or two evidentiary motions to be heard between all 3 defendants that cannot be addressed by hearings conducted by. video. These evidentiary motions should not require more than a single day of testimony & certainly no more than two.
3/19/21: Eastern Judicial Circuit Judge William Walmsley has flatly denied a defense attorney's motion claiming the Cobb County DA is biased against his client in the murder case of Arbery. In a motion filed March 1, attorney Kevin Gough requested that newly-elected Cobb DA Flynn Broady step down from the case against Bryan. In his March 10 decision, Judge Walmsley said the motion "failed to show any conflict of interest that would disqualify District Attorney Pro Tempore Broady." Walmsley said Broady's campaign comments were benign to the actual case. "This was standard campaign rhetoric," he said. Hearings in the trial of the three defendants in the February 2020 shooting death of Arbery are scheduled for May 12-13 in Glynn County. Matters scheduled to be discussed over the two-day hearings include: Bryan’s omnibus motion for fair trial; a McMichael defendant’s notice of intent to introduce evidence; the state’s motion to address Arbery’s character outside of a jury’s presence; and defense attorneys’ motion to exclude defendants’ jail calls from trial.
4/9/21 Update: Attorney Jessica Burton filed a motion Friday in Glynn County Superior Court stating her intention to represent Bryan "as additional counsel" in the case. She joins local attorney Kevin Gough.
4/28/21: The deputy chief assistant district attorney for Cobb County has resigned. Because of that, Cobb County District Attorney Flynn D. Broady, Jr. said Senior ADA Linda Dunikoski will step into the role of the lead prosecutor for the shooting death case of Ahmaud Arbery.
4/28/21 Update: Southern District of Georgia Federal Grand jury indicted & charged (4/28/21) with 1 count of interference with rights (hate crime) & 1 count of attempted kidnapping; the indictment also charges Travis & Gregory McMichael with 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence. This case was investigated by both the FBI & the GBI & is being prosecuted by Assistant U.S. attorney Tara Lyons of the So. District of Georgia, Deputy Chief Bobbi Bernstein & Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.

*William “Roddie” Roderick Bryan, Jr. (50) charged & indicted (4/28/21) with Federal crimes of 1 count of interference with rights (hate crime) & 1 count of attempted kidnapping. Plead not guilty. No bond.
Southern District of Georgia Federal Grand jury indicted & charged (4/28/21) with 1 count of interference with rights (hate crime) & 1 count of attempted kidnapping; the indictment also charges Travis & Gregory McMichael with 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence. This case was investigated by both the FBI & the GBI & is being prosecuted by Assistant U.S. attorney Tara Lyons of the So. District of Georgia, Deputy Chief Bobbi Bernstein & Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.
5/11/21 Update: The McMichaels & Bryan had their first appearance in Federal Court on hate crimes & attempted kidnapping charges. Each man has asked for an appointed attorney (different from their defense attorneys in the murder trial). U.S. Magistrate Judge Benjamin Cheesbro outlined the five hate crimes & civil rights charges, including that the defendants "did willfully, by force & threat of force, injure, intimidate, and interfere with Arbery, an African American man, because of his race & color". Possible sentencing options are being read now in Federal Court. Travis & Gregory McMichael face up to life in prison. The three men charged in the killing of Arbery entered not guilty pleas on federal hate crime & attempted kidnapping charges. The defendants have previously been denied bond in the State's murder case so they will not get bond in the federal hate crimes case. They are being returned to state custody now.
 
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  • #422
Does patriotism include hunting black Americans? How? What is 'patriotic' about that?

Yes, it does, according to white supremacists/nationalists. 'Patriotic American' is a dog whistle or code for 'White American.'
 
  • #423
  • #424
Ummmm, nope. What rock do these people live under. I guess he has ZERO remorse and still doesn't understand what he did wrong.

Which is EXACTLY on reason why he shouldn't be out on bond!

His attorney forgot to mention the child abuse/molestation investigation the GBI started.
 
  • #425
His attorney forgot to mention the child abuse/molestation investigation the GBI started.
Who is being investigated for that?
 
  • #426
  • #427
  • #428
Does patriotism include hunting black Americans? How? What is 'patriotic' about that?

Thank you for this. My exact thought on reading Gough's ridiculous statement was that he is confused as to the definitions of both American and Patriotism. Disgusting. He is talking in code and we all know the language.

ETA - Political Prisoner? Really? your client sir, is no Nelson Mandela.
 
  • #429
Yes, it does, according to white supremacists/nationalists. 'Patriotic American' is a dog whistle or code for 'White American.'
Well, this brown, very Patriotic American is reclaiming the term, as so many others of all colors are.
 
  • #430
This motions hearing has already been downright ugly, and is definitely not going to get any better, given that MM's attorney is now trying to get in slime on AA, claiming, no, no, the basis for our "evidence" isn't about AA's bad character. The State is having *none* of it, and her voice makes her genuine outrage clear. She's righteously kicking arse. :)
 
  • #431
@TroyKless

The hearing is underway now. Defense attorneys for Travis McMichael claim they have 8 witnesses ready to address Ahmaud Arbery's history of mental health, something that the family says has no bearing on what happened on February 23, 2020.

After a long rant by Gough asking for information about the appointment, the court has not granted the motion. they are not going to compel the former lead prosecutor in this case to testify.

Gough says this is the first time that three separate laws were passed as a result of this case, pointing to the repeal of citizen's arrest law and the passage of hate crime bill in GA.

@AAguilarTV

Judge orders the State to produce any communication between Greg McMichael and the Cobb Co. DA office within 10 days.

William “Roddie” Bryan’s attorney asked the judge to disqualify Cobb Co. DA from prosecuting Ahmaud Arbery case, saying former prosecutor Jesse Evans had an interaction with Greg McMichael during a trial for Justin Ross Harris. Judge denied that request.

Roddie Bryan lawyer Kevin Gough says Greg McMichael had an ID badge issued to Cobb DA's office when the
Ross Harris case was underway & interacted with now-former prosecutor Jesse Evans. Maybe that badge is still valid today, he says.

Judge Walmsley denies motion. Atty Gough says he also wants to ask that fmr DA Holmes, ADA Evans, and current DA Broady not destroy any personal e-mails as they may be material. Prosecutor Dunikoski says they know their obligations & won't delete evidence.
Judge orders the State to produce any communication between Greg McMichael and the Cobb Co. DA office within 10 days.
@wsbradio


@AAguilarTV
Defense attorney for Travis McMichael is asking judge to consider presenting evidence of Ahmaud Arbery s mental health and past run-ins w/ law enforcement. He claims Arbery had a “pattern” of theft or attempted burglary crimes.

Prosecution responds to defense’s claim that suspects were making a citizen’s arrest - calls it an illegal detention & false imprisonment. Also brought up the defense’s argument that Travis McMichael was acting in self-defense: “You cannot call it self-defense if you started it.
 
  • #432
This motions hearing has already been downright ugly, and is definitely not going to get any better, given that MM's attorney is now trying to get in slime on AA, claiming, no, no, the basis for our "evidence" isn't about AA's bad character. The State is having *none* of it, and her voice makes her genuine outrage clear. She's righteously kicking arse. :)

Prosecutor Linda Dunikoski was fierce
 
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  • #433
Putting this irrelevant, inadmissible, and deliberately tailored information about AA's past violations out there is an attempt to taint the jury pool, imo. (Example of tailoring: the school LE testifying repeatedly about AA reaching into his waistband).
 
  • #434
WTH. A cop who chased AA back in 2013 tripped & fell while in pursuit, yet AA was charged with obstruction for knocking him down.

(I predict the State's question about whether or not any of the defendants were present for that 2013 chase will be a refrain for each of these witnesses. She is super sharp & extremely well prepared, imo).
 
  • #435
I'm not up to date... are y'all watching live, or live tweets or ?? with above comments? Scrolling up to see what I missed that others are following.... TIA for a bump? Or is this a recap discussion of earlier events?
 
  • #436
I'm not up to date... are y'all watching live, or live tweets or ?? with above comments? Scrolling up to see what I missed that others are following.... TIA for a bump?

Was watching live on 11Alive through school LE"s testimony. Then feed poofed. Lunchtime?
 
  • #437
it's also on court tv...break is over.
 
  • #438
I had no idea today.. totally missed, Thanks!

Defense now calls officer.. oopsie, cannot find the officer and asks judge can he text the witness as he may have thought still on lunch break. Sooooooooooo, judge requests call another witness, Robert Mydell, (MOO that first officer will be getting a stern talking to by superiors!)

This feed is still live and not broken and goes back on rewind at this time about 2 hours.

Ahmaud Arbery's accused killers have hearing
 
  • #439
The hearing will continue tomorrow also. Just an FYI! :)
 
  • #440
@Hope4More you have no idea how happy I am that you’re following this case. Those who followed Convicted Murderer Jodi Arias will understand how lucky we are to have her here.
 
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