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

[tlcya]

I watched all the pretrial proceedings from the very beginning up through until the beginning of jury selection. The question of severance wasn't discussed in open court, though it's possible I missed a reference by one or more of the parties that it was under consideration or some such.

Thanks, I was looking for answers to just that question when I went back to the pretrial stuff this morning. I didn't find anything. Good to know it wasn't because I overlooked or fast forwarded through it.

 

[clearskies1]

"Georgia’s old citizen’s arrest law — overhauled after Arbery’s death — required either “immediate knowledge” of a crime or “reasonable and probable grounds of suspicion” of someone fleeing a felony offense."
https://www.washingtonpost.com/nation/2021/11/05/ahmaud-arbery-trial-opening-arguments/

 

[sds71]

AMENDED OMNIBUS MOTION

Paragraph Eleven - Motion to Sever Parties

Without waiving his constitutional or statutory right to a speedy trial, Defendant does not seek a severance of parties at this time.
https://glynncounty.org/DocumentCenter/View/70959/Amended-Omnibus-Motion

Kevin Gough said he was sitting on the severance motion to possibly ask for Bryan to be tried separately, but said they were now in a position of “antagonistic” jury selection between Bryan and the McMichaels.
Wednesday, November 3, 2021

 

[Hope4More]

AMENDED OMNIBUS MOTION

Paragraph Eleven - Motion to Sever Parties

Without waiving his constitutional or statutory right to a speedy trial, Defendant does not seek a severance of parties at this time.
https://glynncounty.org/DocumentCenter/View/70959/Amended-Omnibus-Motion

Kevin Gough said he was sitting on the severance motion to possibly ask for Bryan to be tried separately, but said they were now in a position of “antagonistic” jury selection between Bryan and the McMichaels.
Wednesday, November 3, 2021

Can't get Omnibus doc to download.....

 

[tlcya]

Can't get Omnibus doc to download.....

see PM I send you the text of doc

 

[Hope4More]

see PM I send you the text of doc

Thank you! So Gough at least made that decision back in May 2021. (And yet he's the one complaining loudly his client may not be able to get a fair trial because.....not severed. Oy.)

 

[tlcya]

we are back with day three of testimony. officer won't be allowed to testify to about the calls to LE and types of complaints coming from the neighborhood prior to the day of the shooting. There was only one call about theft/burglary in the neighborhood and that was the one placed by TM when he discovered his gun had allegedly been stolen from his vehicle. The records must be introduced and certified as authentic if it is to come in.

MOO prosecution flubbed that. Should have already had that done. Those records are important to impeach what the three men told LE immediately prior to the shooting.

 

[tlcya]

State hammering home that GM, per his own statements, never once told AA I am placing you under citizens arrest, stop you are under arrest, stop thief, etc. Never once indicated to AA what lawful reason should cause him to obey and stop for GM and TM.

 

[tandt]

Watching this bodycam footage is just heartbreaking. A human being was shot to death and is laying in the middle of the street. Even if that wasn't the intent, it seems that the men should be in some sort of turmoil but they're acting like they were in a fender-bender. I'll say again-- IMO they hunted this young man down like they were chasing an animal. My heart aches for his mom and the community.

 

[Kristin Esq.]

we are back with day three of testimony. officer won't be allowed to testify to about the calls to LE and types of complaints coming from the neighborhood prior to the day of the shooting. There was only one call about theft/burglary in the neighborhood and that was the one placed by TM when he discovered his gun had allegedly been stolen from his vehicle. The records must be introduced and certified as authentic if it is to come in.

MOO prosecution flubbed that. Should have already had that done. Those records are important to impeach what the three men told LE immediately prior to the shooting.

They may still be able to do this if they get the record holder on the stand. I don't know GA law regarding adding a witness during a trial though.

 

[tlcya]

showing the witness the video where AA is in the English unsecured home under construction during daylight hours. Witness confirms AA touched nothing, stole nothing damaged nothing.

 

[tara83]

It's so disturbing to watch that GM video.He has blood on his hands and a man is about to die near him but he acts like he's having a fine time telling everyone what they did.No humanity at all.

 

[tlcya]

I hope this entire prosecution's case is not going to be slowed down by constant need to authenticate things that should already have been authenticated prior to trial. SMDH Judge denied the objection but now defense is objecting to the speed and date/time stamp issues of same.

 

[Niner]

No tweets lately - so I'll grab them in the morning & post them for you all.

Good nite!

 

[ilovewings]

Watching this bodycam footage is just heartbreaking. A human being was shot to death and is laying in the middle of the street. Even if that wasn't the intent, it seems that the men should be in some sort of turmoil but they're acting like they were in a fender-bender. I'll say again-- IMO they hunted this young man down like they were chasing an animal. My heart aches for his mom and the community.

You and me both-- he was an innocent hunted down for no reason- well there was a reason-- he was black
it breaks my heart---

 

[Hope4More]

It's so disturbing to watch that GM video.He has blood on his hands and a man is about to die near him but he acts like he's having a fine time telling everyone what they did.No humanity at all.

Before that. He's just seen his son shoot AA multiple times, and AA is lying in the middle of the street, literally covered with blood. Greg responds by:

A. Yelling out, OMG, Travis, what did you do??!
B. Rushing over to try to render aid to AA.
C. Checking, at least, to see if AA is still alive, and hears him breathing.
D. Hears him breathing, but instead of trying to help him or call 911 or expressing distress, rolls him over to see if he can find a gun somewhere on him.

According to Greg himself, the answer is D.

 

[Kristin Esq.]

I hope this entire prosecution's case is not going to be slowed down by constant need to authenticate things that should already have been authenticated prior to trial. SMDH Judge denied the objection but now defense is objecting to the speed and date/time stamp issues of same.

Evidence is authenticated at trial:

2014 Georgia Code :: Title 24 - EVIDENCE :: Chapter 9 - AUTHENTICATION AND IDENTIFICATION :: Article 1 - GENERAL PROVISIONS :: § 24-9-901 - Requirement of authentication or identification

 

[Kristin Esq.]

OMG, that was the best moment ever.

The detective was being asked about the times other people went onto the property, including a utility worker using the port-a-potty. Defense objected to relevance and the prosecutor said "it's relevant because many people entered the property that day and Ahmaud is dead." - not a direct quote.

 

[tlcya]

Evidence is authenticated at trial:

2014 Georgia Code :: Title 24 - EVIDENCE :: Chapter 9 - AUTHENTICATION AND IDENTIFICATION :: Article 1 - GENERAL PROVISIONS :: § 24-9-901 - Requirement of authentication or identification

so there is no option pre-trial proceeding to request that certain items be deemed authenticated by agreement of the parties? I thought federal rules allowed for it. Then again, I don't do lit. our practice is primarily elder law.

(a) Scope and Procedure.

(1) Scope. A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b)(1) relating to:

(A) facts, the application of law to fact, or opinions about either; and

(B) the genuineness of any described documents.

(2) Form; Copy of a Document. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying.

 

[Kristin Esq.]

so there is no option pre-trial proceeding to request that certain items be deemed authenticated by agreement of the parties? I thought federal rules allowed for it. Then again, I don't do lit. our practice is primarily elder law.

(a) Scope and Procedure.

(1) Scope. A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b)(1) relating to:

(A) facts, the application of law to fact, or opinions about either; and

(B) the genuineness of any described documents.

(2) Form; Copy of a Document. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying.

Federal rules may allow it, but this is state court.