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

Discussion in 'Trials' started by Cryptic, May 6, 2020.

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  1. kaen

    kaen Trying to be a good human.

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    I thought he was trying to come up with ways that his client will be seen as separate as the judge determines a directed verdict. ("You see judge, he is painted with the brush that is the McMichael brush and not by his own deeds." kind of thing.) All that he was saying is that his client could get lumped in with the other defendants by the jury. Gough missed his chance to get his client tried separately which would have been the perfect way to make sure the jury looked at his actions and his actions alone. I think he miscalculated the impact of his client "hitting" Mr. Arbery with the truck and penning him toward the murderer. With all of the information that has been testified to (his client's interview with LE included) his client does look guilty. He is throwing everything including the sink into this pot to try and get him out of this soup. I don't think it works. IMHO.
     


  2. Chelly

    Chelly Always Remember Teghan Skiba

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    Ok...protective custody in jail. I guess he wants a transfer to a Hilton.
     
  3. Yuletide

    Yuletide Well-Known Member

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    I disagree with you vehemently.
     
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  4. Hope4More

    Hope4More Well-Known Member

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    I'm not sure why he's in protective custody, partly because there's more than one reason he might be. Because he fingered Travis as a racist, suggesting race as motive for T's pursuit of AA, possibly angering one segment of the jail's population? Because he helped hunt AA, possibly angering another segment of the jail's population? Or, because he was (is?) also under suspicion for alleged child sexual abuse, angering all segments of the jail's population?

    GBI requested to start investigation into William “Roddie” Bryan following sex crime allegations
     
  5. kaen

    kaen Trying to be a good human.

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    I can appreciate that different people have differing opinions. But, the important factor here is that our system is based on open and transparent proceedings where the public can view and see the judicial system in action. It has been that way since the beginning---no one wanted there to be a perception of unequal justice in our new country.
     
  6. ilovewings

    ilovewings Well-Known Member

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    Awesome post!!!!!!
     
  7. Niner

    Niner Long time Websleuther

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    for Tuesday, Nov. 16th:

    Veronica Waters
    @MissVWaters
    ·
    11h
    Dial says he can't tell how many times #AhmaudArbery ran up and down or back and forth Burford or Holmes. he's prepped maps to help with testimony.

    drone.jpg

    Jurors see the map showing #AhmaudArbery's house's proximity to the house under construction in Satilla Shores. Jurors seem fidgety, not as engrossed as during the ME's testimony.

    drone2.jpg

    Agent Dial says they got a lot of tips during this time. On Roddie Bryan's video, he says the metallic sound heard is not consistent with someone cocking a handgun or racking a slide. Police did not search Bryan's vehicle, impound it or pat him down

    drone3.jpg

    Roddie Bryan was allowed to go home with his truck before he went to Glynn County PD to give a statement about the #AhmaudArbery incident.

    Dial interviewed Larry English. Interviewed Ofc. Rash and watched his bodycam from Feb. 11, 2020. He examined the Satilla Shores Facebook page. There were no posts/photos/videos by Larry or Amy English of #AhmaudArbery inside 220 Satilla.

    He's aware that a neighbor posted a photo after a gun was stolen from her unlocked car in Dec. State: A white person? Dial says he couldn't tell--image was bad quality. On the stolen gun from Travis McMichael's truck, still open case; gun not recovered.

    15-minute recess before drone videos.

    Jurors see silent drone video. It's bright, clear, with vibrant color. Dial narrates landmarks. Jurors look around, at each other; one checks a watch, another looks sleepy. A defense lawyer's on Facebook.

    drone4.jpg

    A man sitting with Leigh McMichael hands Travis McMichael a note over the rail. He reads the folded legal paper, then hands it to his lawyers, who read it. #AhmaudArbery @wsbradio
    Jurors see a section of road seen on Roddie Bryan's video.

    drone5.jpg

    Agent Dial points out the blue mailbox referenced in the State's opening.

    drone6.jpg

    Linda Dunikoski is now again questioning Agent Dial.

    State plays a section of Roddie Bryan video, pauses it a couple times, including once for GBI ASAC Dial to listen to a metallic sound. Jurors see the #AhmaudArbery shooting again. State passes the witness.

    https://twitter.com/i/status/1460709712169738244

    Bryan atty Kevin Gough gets up for cross-exam. There's some back and forth about who toggled the video. Can Dial do it for him? Dial says he didn't play these, he just provided the video. Dunikoski says she's happy to double-click segments for Gough.

    Gough.jpg

    They do video of #AhmaudArbery's route passing Bryan's house. Gough: He could see Roddie Bryan out there on porch? Dial: I don't know what he saw. Possible. G: Anything a reasonable person would find threatening or menacing? D: Just walking down the road? I suppose not

    Video.jpg

    Gough: Somebody who doesn't know Roddie Bryan from Adam's housecat. Anything threatening about this? Dial instantly looks confused. State: Objection; asked and answered; also speculation. Gough: The whole video's speculation.

    Dial.jpg

    Kevin Gough goes over video scenes of Roddie Bryan's path on the #AhmaudArbery chase.

    Gough2.jpg


    link: https://twitter.com/MissVWaters

    Continued...
     
  8. Niner

    Niner Long time Websleuther

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    Tuesday, Nov. 16th continued....

    Veronica Waters
    @MissVWaters
    ·
    10h
    Gough: So Bryan passes Holmes & backs up. Why? Dial: He's pursuing Mr. #AhmaudArbery. G: At this point, Arbery's technically following Bryan's vehicle? D: No. According to Bryan's statement he overshoots Arbery, Arbery turns right down Holmes, Bryan backs up and pursues

    Holmes.jpg

    Gough: Bryan is surprised when #AhmaudArbery instead of going to Satilla exit turns up Holmes instead. Dial: My understanding is Bryan pulled ahead, Arbery turned right on Holmes, away from Bryan. Bryan backs up and pursues Arbery again

    Dial2.jpg

    Gough: He's not backing up at Mr. #AhmaudArbery because Arbery's already turned up here? Dial: That's correct, he's backing up trying to get to him.

    Gough: If Bryan's camera's pointed this way toward where #AhmaudArbery could exit Satilla Shores, doesn't it follow that he's focused there b/c he thinks that's where Arbery'll go? Dial: Camera drifts around quite a bit, like someone trying to operate vehicle & phone at same time

    #BREAKING: #AhmaudArbery shooting case Prosecutor Linda Dunikoski: "Your Honor, at this time, the State rests."

    ADA.jpg

    The judge excused the jury. Judge says they'll take a recess, then go through some things. Tomorrow, he'll go through with the defendants their right to testify, work thru deets on that. Today, reconsideration and Gough motions.

    Confession: I'm very surprised that GBI Agent Dial's testimony solely centered on maps and #AhmaudArbery chase routes. He's the one who testified last year that Roddie Bryan told the GBI Travis McMichael uttered a racial slur over the dying man. There was zero of that today.

    Back. Kevin Gough's talking about his motion: We're concerned about individuals consciously or unconsciously influencing/intimidating jurors. During jury selection, nonverbal communication between victim's family & 1 or more jurors; outbursts, and notable people

    Judge.jpg

    Gough: notable people with no apparent connection to victim's family in here. Most justices have rejected idea that people have First Amendment rights in the gallery or it's not obvious.

    Gough: If the #AhmaudArbery family has their church ministers that's one thing, but trotting in pastor after pastor from other parts of the country they have no apparent ministerial relationship with is inappropriate

    Gough3.jpg

    Gough: Given high-profile nature of case, protest marches, no reason to take that risk. We also asked Court to identify people in the public gallery. We can't have a record to take up on appeal of the gallery impact w/out that documentation.

    Gough: We cant wait for disaster to strike. The Court has a duty to head off issues with the public gallery before they create prejudices to clients, before they create a mistrial.

    Judge2.jpg

    Gough: A group is planning a huge rally Thursday with hundreds of pastors here. That's not in response to anything in here. Their website has called my client and others here "murderers" and they seek justice for Ahmaud, for Mr. Arbery.

    Laura Hogue says if the motion is about taking note of who's in the gallery daily she doesn't see the problem with it considering "the two strikes we've already had." Judge Walmsley says the written motion's been addressed and he won't re-plow that ground

    Judge swore in Roddie Bryan as Kevin Gough has him to testify re: motion for reconsideration/speedy.

    Bryan.jpg

    Roddie Bryan says he's been jailed about 18 months. Incarceration is oppressive, no offense to the sheriff. He's locked down about 23 hours a day. Solitary confinement? Gough asks. Bryan: For the most part, yes sir. Individual cell, no bunk mate

    Bryan says his cell has no windows. He can see some in an exterior room. No TV in cell, but 1 in his pod--a 30" TV, about 30 feet away. They get hot meals for breakfast & lunch and a bagged dinner, brought to him. For your own protection? Gough asks. Bryan: Yes sir.

    Bryan2.jpg

    Bryan is allowed one shower every 24 hours; sometimes it stretches to 36 hours. He stays in a pod with others in protective custody, so only one can go at a time. Time could be 3AM. Then, he can walk around common area.

    Since the COVID-19 pandemic, Bryan says, "Thankfully, we've had no outbreak in our pod. We have in our jail and that's affected some of the staff--a good bit of rollover. It's been a fear. He knows at least one detention officer died of COVID.

    Bryan3.jpg

    Bryan says he has no acute health concerns other than his high blood pressure, which has been managed in the past 6-8 weeks. He's had no in-person/contact visits with friends, family, or pastor--just his lawyer. Gough: Difficult? "Yes, most definitely."

    Bryan used to have non-contact, through-glass visits. About 3 months in he got put in a protective custody pod which reduced visits to video monitor, twice a week, 15 minutes each.

    Judge leafs through filing. Gough says you can still have a speedy trial violation even if defendant rights at trial are not impacted simply by length/conditions of pre-trial detention.

    Judge3.jpg

    State asks Court deny motion. Bryan hasn't brought anything new here.

    Judge found no sufficient evidence to grant the plea in bar. Now Gough is arguing a demurrer to Count 7. State's alleging assault with 2 pickups and 3 defendants and not specifying who allegedly did what in a dozen different counts and 2 competing theories

    Gough: Is State contending Bryan intended to strike #AhmaudArbery with his vehicle or that Arbery was reasonably in fear of injury? If it's attempt to strike, all kinds of lesser offenses come into play. If it's fear in victim's mind it's an important consideration

    Gough: So many ways jury can come back with a verdict of aggravated assault. How to ensure unanimity? 6 think this; 6 think that... As Count 7 is permitted it's a truth that there's no way to charge a jury will all the different ways.

    Gough says before we even get to directed verdict stage, which is a problem with the State, demurrer should be granted for Count 7. State response: It's untimely. However you've already ruled on this. The language does track the statute.

    State: Motion seems to be we have a problem with the verdict form. My understanding is all of them will have their own versions. What Gough's proposing I don't believe is legal b/c they've been indicted as parties to a crime

    State says nothing requires jury to write what they think this or that person did. They can find Greg McM guilty as party to a crime even though his hands weren't on the wheel. This argument doesn't follow the law.

    Gough: The requirement that a jury verdict be unanimous is never untimely. I didn't draft the indictment, the DA did. We're entitled to know their theory before they give the last word at closing. Judge: We'll address it in the morning.

    Judge wants to convene at 9AM to hear any motions related to State resting case-in-chief. Directed verdicts; defendants' right to testify. He's cautiously optimistic we'll be ready for Gough's opening statement at 10AM. Then evidence.

    Judge3.jpg


    link: https://twitter.com/MissVWaters
     
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  9. Niner

    Niner Long time Websleuther

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    Wednesday, Nov. 17th:
    *Trial continues (Day 9) (@ 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 1-7) 11/5/21 to 11/15/21 reference post #365 here:
    GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4

    11/16/21 Tuesday, Trial Day 8: Dunikoski says they were certified last Thursday, yet only given to her today. They're neighborhood patrols by officers & random personal issues (roomie disputes, etc.) Says defense made a discovery violation by withholding these until now.
    Dunikoski said plus, it’s irrelevant. "Unless someone in this case knew all about this and had seen these police reports..." State wants it excluded and says it has nothing to do with the death of #AhmaudArbery. “State’s been blindsided."
    for more info see post #368 & 376 here:
    GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
    and for more info see post #382 here:
    GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
    State witnesses: Dr. Edmund Donoghue. He is a physician & forensic pathologist.
    for more info see posts #370 here:
    GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
    Dr. Edmund Donoghue continued.
    and for more info see posts #382, 384 & 385 here:
    GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
    GBI Assistant Special Agent in Charge David B. Smith. Did digital mapping & get photos & videos of the places where the Arbery chase & fatal shooting incident took place. Prosecutor Paul Camarillo on direct exam.
    for more info see post #386 here:
    GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
    Jessica Hamilton, a crime scene specialist with the GBI. When she got involved with the Arbery shooting case, she did neighborhood canvassing. Collected/transported evidence.
    for more info see post #386 here:
    GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
    GBI Asst. Special Agent in Charge Richard Dial, lead detective in case. He became involved in the Arbery homicide after Tom Durden's district attorney's office requested them the evening of May 5.
    for more info see post #386 here:
    GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
    Richard Dial continued. Re-direct. Gough on cross.
    for more info see post #427 here:
    GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
    Richard Dial continued. Gough on cross. State rests their case.
    For more info see post #428 here:
    GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
    The judge excused the jury. Judge says they'll take a recess, then go through some things. Tomorrow, he'll go through with the defendants their right to testify, work thru deets on that. Today, reconsideration & Gough motions. Gough's motion (again) re pastors in the gallery....
    Judge swore in Roddie Bryan as Gough has him to testify re: motion for reconsideration/speedy. Judge found no sufficient evidence to grant the plea in bar. Now Gough is arguing a demurrer to Count 7. State's alleging assault with 2 pickups & 3 defendants & not specifying who allegedly did what in a dozen different counts & 2 competing theories.
    for more info see post #428 here:
    GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4
    Judge wants to convene at 9am to hear any motions related to State resting case-in-chief. Directed verdicts; defendants' right to testify. He's cautiously optimistic we'll be ready for Gough's opening statement at 10am. Then evidence. Trial continues on 11/17/21.

    *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.
     
  10. ilovewings

    ilovewings Well-Known Member

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    Gough is going to give his opening statement today- I am not sure I will be able to listen to the BS ---
     
  11. sds71

    sds71 Well-Known Member

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  12. Jax49

    Jax49 Florida Native

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    Good thing I'm not on the jury because I have no intention of listening.
     
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  13. Yuletide

    Yuletide Well-Known Member

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    I have faith in the jurors and the Judge in this case. Being on a jury in a criminal case is a heavy load to carry. It can also be frightening, with menacing stares from onlookers from both sides of the given case. I salute this jury for upholding their civic duty and staying the course through what has been both a loud and a quiet circus, in my very humble opinion. May justice be served.
     
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  14. sds71

    sds71 Well-Known Member

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  15. ringbearer

    ringbearer Former Member

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    I disagree also. But in this case, I have a feeling the presence of people like Sharpton and Jackson will actually hurt rather than help the prosecution and, ultimately, the family of Arbery. But, imo, their not really there to help at all.
     
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  16. Kristin Esq.

    Kristin Esq. Verified Attorney

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    I'm sorry, but listening to Mr. Houge speak is difficult. He makes me fall asleep.
     
  17. ilovewings

    ilovewings Well-Known Member

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    I think the presence of Sharpton, et al, would be no big deal if the defense attorney would stop making it an issue. Our courtrooms are open to the public and anybody can go in, sit down and watch a trial. I don't think their presence will help or hurt either side.
     
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  18. ilovewings

    ilovewings Well-Known Member

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    He is gross!!!!
     
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  19. sds71

    sds71 Well-Known Member

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    MOTION TO PROHIBIT ANY FURTHER CONDUCT THAT MAY INTIMIDATE OR INFLUENCE JURORS AND OTHERWISE INTERFERE WITH A FAIR TRIAL

    https://www.glynncounty.org/DocumentCenter/View/73619/Motion-to-Prohibit

    I hope the Judge asks Gough why he put a picture of the model Kendra in his motion?


    @KaileyTracy
    Gregory McMichael's attorney, Franklin Hogue, asks for directed verdict of acquittal on malice murder charge for Greg and Travis McMichael. Says that's a specific intent to kill and says it doesn't apply
    @schindy
    Hogue is now challenging Count 5 (felony murder) predicated on Count 9 (criminal attempt to commit a felony -- false imprisonment with their pickups on Burford Drive)
    Hogue on Ct 4 (felony murder) based on Ct 8 (false imprisonment Holmes Dr) "There was no place on Holmes Dr where the truck was used to block in #AhmaudArbery..there were escape routes there were places he could have run...he could have kept on running. The truck did not impede”
    @schindy

    Prosecutor Linda Dunikoski says the 4 felony murder charges apply because without the underling felonies #AhmaudArbery "wouldn't be dead"

    @MarilynParkerTV

    Prosecutor Linda Dunikoski: If he had not been falsely imprisoned, he wouldn't have been shot. The defense wants to make it seem like #AhmaudArbery is at fault saying he could've run different ways. Reminds them Arbery was told, "I'm going to blow your f*****g head off". @wjxt4
     

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    Last edited: Nov 17, 2021
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  20. tlcya

    tlcya Old and Tired Websleuth

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    I think it's the combo of the two BBM sentences.
     
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