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

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and yes - I'll shorten this up a bit...

Thursday, May 13th:
*Motions hearing for both (Day 2 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 4/19/21 reference post #421 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3

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 Arbery. Motions hearings on 5/12 to 5/13/21.
5/12/21 Update: McMichael's Defense motions they've filed to exclude certain evidence--including social media posts will be heard tomorrow. In the 11/12/20 hearing Judge allowed this into evidence. Defense attorney for Travis is asking judge to consider presenting evidence of Arbery’s mental health & past run-ins with law enforcement. He claims Arbery had a “pattern” of theft or attempted burglary crimes. Defense attorneys for Travis claim they have 8 witnesses ready to address Arbery's history of mental health. Prosecution Linda Dunikoski 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.
First defense witness on stand: Chief Rodney Ellis, police chief for Glynn Co. Schools. Defense asking about a prior arrest of Arbery at the high school. Chief Ellis says he was alerted over dispatch there was a person with a gun in his waistband at a basketball game. Ellis testifies that an officer at the game asked Arbery about the gun, alleges Arbery ran & officers joined in chase. Ellis testifies Arbery was arrested for carrying weapon on school property, causing disruption at event, unlawful resisting & obstruction. Prosecution Dunikoski argues that incident is not relevant to why suspects shot & killed Arbery seven years later. Defense calls 2nd witness: Officer Robert Mydell. Defense asks about a shoplifting incident at WalMart on Dec. 1, 2017 involving Arbery. Officer Mydell testifies Arbery was trying to steal a TV. Officer Mydell says he asked Arbery & other men to stop walking, says Arbery was confrontational. Testifies Arbery was in an “agitated state” & not wanting to comply. Mydell says he asked Arbery if he stole a TV, Arbery denied it. Mydell tesitifed he eventually placed Arbery under arrest, convicted for felony shoplifting. Third witness: Officer Michael Kanago. Defense asks witness about an incident allegedly involving Arbery on Nov. 7, 2017. Officer Kanago was a Glynn Co. police officer at the time. Defense plans to show body cam video from 2017 incident- where Officer Kanago says he saw a car parked in an unfrequented area at Townsend Park. Officer claims area is known for illegal drug activity. Watching body cam video now... Shows officer asking what driver, Arbery, is doing in car. Arbery says he’s “rapping in the car.” Officer asks for ID, testifies he asked to see if he has active warrants. Video shows Arbery showing ID to officer. Defense asks Officer what was unusual about situation. He says it’s unusual that Arbery was parked in the back of Townsend Park. Continuing to watch body cam video. Officer testifies that he learned Arbery’s license was suspended after running ID. You can hear Arbery ask officer for ID back. Heard on body cam... Arbery asks officer: “Why you *advertiser censored***** with me?” Officer testifies that this verbal escalation & body language (Ahmaud is seen walking toward officer) is seen as threatening. Body cam: Officer asks Arbery to turn around so he can check for weapons. Arbery complies & says “You bothering me for nothing,” explains he works nearby. Officer looking into vehicle, testifies he’s looking for drugs/guns. Officer explains that Arbery approached him quickly & felt like he was going to assault him. Arbery repeatedly says “You can’t touch me.” Officer responds “I’m not touching you.” As officer watches video in courtroom, tells defense he is trying to de-escalate situation by asking what Arbery is doing at park. Arbery, again, tells officer he is rapping in his car. Another officer comes on scene with his taser out. Arbery gets on his knees. Defense & officer conclude that there was no other escalation after this. Arbery was let go. Prosecution proceeds to play the rest of the video... Officer is explaining to Arbery that he’s making him nervous by acting “jumpy.” Arbery says he’s trying to relax & rap on his day off. Officer says he’s not trying to mess with him. Next witness assistant manager of Love’s Travel Stop, who testifies Arbery was a regular customer. She alleges that she caught Arbery shoplifting 8 times between 2018-2020. Prosecution is asking how the assistant manager knew it was Arbery shoplifting. She says she saw Arbery’s photo in newspaper following his death & realized it was him. Prosecution asks if store has video of the alleged shoplifting instances, assistant manager says no. Prosecution asks if shoplifting incidents were ever reported to police. Assistant manager says no. The Judge is hearing testimony about Arbery’s mental health. The defense argues Arbery had schizoaffective disorder, which he says contributed to how he acted on the day he was killed. Prosecution says they are offended the defense is even trying to go down this road. Hearing continues on 5/13/21.

*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 & Travis: 1 count of discharging a firearm. 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.


AND
*Motions hearing (Day 2 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 thru 4/9/21 reference post #421 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3

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. Motions hearing on 5/12 to 5/13.
5/12/21 Update: Motion to Compel issuance of juror summonses & set date for jury selection was withdrawn by defense. Defense wants Bryan's 5/11/20 statements to GBI squashed. Judge will address this tomorrow. Bryan’s attorney Kevin Gough asked the judge to disqualify Cobb Co. DA from prosecuting Arbery case, saying former prosecutor Jesse Evans had an interaction with Greg McMichael during a trial for Justin Ross Harris. Judge denied that request. Judge orders the State to produce any communication between Greg McMichael & the Cobb Co. DA office within 10 days. Bryan's attorney Gough says he also wants to ask that former DA Holmes, ADA Evans & current DA Broady not destroy any personal e-mails as they may be material. Prosecutor Linda Dunikoski says they know their obligations & won't delete evidence. Hearing continues on 5/13/21.

*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.
 
It's 10:04 am and I'm not finding a live feed for today's 10 am hearing on YouTube.

Anyone else having any luck finding a live feed?

ETA: Feed was just put up one minute ago while I was typing this OP.


First discussion is to exclude/include jail calls. (1,500 were being downloaded recently per defense .. . ) Deputy Britt now on stand as she is person that fulfills requests for downloading and sending responses per requests for calls.

ETA #2. Corrected typo... to 1,500.

ETA #3. Defense says what is at issue... He's about to enter four points.

1) One is the state requests those calls from the inmates. Re calls and admissibility at trial. He goes on to four points......due process - as to life liberty etc. (*snickers* that he is saying some of the jail calls should not be admitted into trial... pfffft... case law.. nothingburger). My 60 minutes is soon up for editing.

2) equal protection law - all persons who are similarly situated should be treated similarly.. some folks are out on bail or bond... and some are not. And then the state has phone calls to incriminate my clients from the jail...They were charged with same charge..

3) Re only Gregory charges... he is saying that calls to the spouse should be privileged....

4) Per 4th amendment.. Use of phone calls violates 4th amendment right to privacy. (e.d. he he he even says I cannot find case law, but want to carve out)

My time for updates/edit is over now....
 
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Judge orders Ahmaud Arbery’s mental health records be sealed -- for now - Judge in state murder case wants more time before making final decision on evidence

“They said well he’s got a diagnosis and it makes him angry and it makes him emotional and therefore he must have been angry and emotional and therefore this is how he reacted that day -- all of which is speculation and all of it is propensity evidence which is not allowed,” said Assistant District Attorney Linda Dunikoski.

The judge wants the defense to provide a detailed justification in writing before he makes his final decision.

MOO, but from reading the summary of the defense argument and the strength of the prosecution's objections, I suspect that we will see most, if not all, of the defense's request refuted line by line when a final ruling does come out.

When I watched the video and read the police reports, none of the information provided seemed to indicate that AA's behavior that day was due to acting angry or emotional. Running from strangers pointing guns at you yelling while they chase you down and block you with their trucks and then fighting in self-defense when it looks to be your only possible option to avoid harm or death seems to be completely rational behavior for the situation, not enhanced or impeded by any pre-existing mental health conditions. *My opinion only*

 
@sds71 - just wondering if they are continuing the hearings for today, 5/14? Or are they done with the motions? And if so, is there a next hearing date yet?

TIA! :)
 
@sds71 - hope you don't mind me bothering you (again! :) ) - it has been a week, so just wondering IF there might be another hearing date of these 3?

And do you think the Federal charges will go first before the State ones? That is what is happening in the 3 officers case for Floyd.

TIA! :)
 
@sds71 - me again! :D Just going thru some "oldies" and wondering if there might be a court date hearing for the State charges.
I do believe the Federal case is going to go first - like in the 4 officers for Floyd's case. Can you access Federal court sites for Georgia?
TIA! :)
 
@sds71 - me again! :D Just going thru some "oldies" and wondering if there might be a court date hearing for the State charges.
I do believe the Federal case is going to go first - like in the 4 officers for Floyd's case. Can you access Federal court sites for Georgia?
TIA! :)

Status conference on 7/26/21 for Federal charges no dates for State yet
 

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Flurry of state motions filed in Ahmaud Arbery case | firstcoastnews.com

July 2, 2021
Fifteen new motions filed in the past 24 hours include prosecutors' request to show video of Ahmaud Arbery's killing during opening statements.

BRUNSWICK, Ga. — Prosecutors in the trial of Ahmaud Arbery's accused murderers filed a flurry of new motions in recent days, including 15 in just the past 24 hours.

Among them, the state's District Attorney's Office is asking the judge to allow a three-hour closing argument (an hour longer than allowed) and to show jurors cell phone video of Arbery's killing during opening statements.
[.....]
Prosecutors' trial plans, as well as their fears about the legal strategy of defendants, take shape in the multiple filings. Cobb County Senior Assistant District Attorney Linda Dunikoski expresses concern about the tactics of defense lawyers "based on ... prior appearances in hearings in this case," and asks Superior Court Judge Timothy Walmsley to proactively prohibit defense lawyers from mentioning several things -- including the repeal of Georgia's citizen's arrest law.

"The State anticipates the Defense may try to argue that the previous citizen's arrest law was repealed because as it existed on Feb. 23, 2020, the law gave the Defendants the right to chase Mr. Arbery through the Satilla Shores neighborhood after not having seen him to anything and shoot him dead when he did not stop," one motion says.


A lot more in this section of article

In addition to asking the judge for prohibitions, prosecutors are also asking for a longer closing argument, citing the complexity of the case.
[.....]
The motion notes that although the state will be allowed to make two closing arguments, there "will be (potentially) six hours of defense closing arguments."

The state has filed previous motions seeking to keep out evidence of Arbery's diagnosed mental illness or his prior run-ins with police.

The judge has not yet ruled on any of the motions. The next court date is July 22 at 10 a.m.
 
Defense wants ‘no press’ for part of Arbery jury selection

July 15, 2021
BRUNSWICK, Ga. – Defense attorneys for men charged in the slaying of Ahmaud Arbery are asking a Georgia judge to keep reporters out of the courtroom when lawyers question potential jurors to determine if they have biases in the widely publicized case.
[.....]
Jury selection in the three men’s trial is scheduled to begin Oct. 18. Defense attorneys for the McMichaels filed a legal motion Wednesday that proposes three main steps. Jury pool members would first answer a written questionnaire. Then they would be brought one at a time into the courtroom for questioning by the judge and lawyers. Finally, potential jurors would face additional questions in groups of 12.

The legal filing by the McMichaels’ attorneys requests that “no press will be permitted to be present” when potential jurors are questioned individually about what they’ve heard about the case and whether issues with race or other matters might make it hard for them to be fair and impartial.

Superior Court Judge Timothy Walmsley has not weighed in on the request. Neither have prosecutors. Under Georgia law, court proceedings including jury selection are presumed to be open to the press and the public, though judges can restrict access in rare circumstances.
[.....]
The judge has scheduled a hearing with attorneys next Thursday to discuss pretrial motions and jury selection.
 

Note sarcasm below

Questions for voire dire to weed out?:

How many times on your street have you seen a truck with two men armed, (one in cab and one with shotgun or rifle in the cab) go chasing and yelling and threatening a person jogging/running on public road... while they were in a truck?

If you saw two men following you while jogging in your community roads with guns drawn and pointing them at you and threatening you, would you run out of the road to safety between homes to protect yourself from what you might perceive as maniacs with guns who are on drugs and crazy crazy in the middle of the day. If not, why not?

Ohhhhhhhhhhhhhh, I so want to see what voire dire the defense asks to weed out folks. And that, MOO, the defense doesn't want publicized. MOO
 
I don't know. But this is one case that I REALLY want to follow.

For MANY reasons. Most of all, that folks that live in that area think what was done was acceptable.

Where I live, I would have immediately called the police re two men chasing another man in the public street with guns.

Cannot Imagine if that happened in my hood would think okay or tolerable NO MATTER what the circumstance, can others? Perhaps some there in that jury selection do? .. Nope nope nope nope... This is why I really want to hear voir dire questions. MOO
 
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