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
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
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."
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
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
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.
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.
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.
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.
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.
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.
link:
https://twitter.com/MissVWaters