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

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Sir, stop, Ahmaud didn’t “attack the black truck” lmao. That’s absurd and you’re grasping at straws.

He’s gonna single handedly get everyone convicted lmao
 
TM AA wasn't talking and was in an angry state.

state - Objection

defense - could you tell something was wrong with AA? I did.
(defense can't discuss the THC in AA's system, this is their attempt to "suggest" without introducing MOO)
 
the lady who posted to FB group about homeless guy under the bridge is on the stand.

state cross examining her

were you personally the victim of any crime? not in the last 30 years.

Do you feel someone stealing is deserving of the dearth penalty. OBJECTION! That is all I have for this witness.
 
According to TM's statement about the confrontation, TM said:

He came up. I think that's when he started striking me. He was on me. He had my shirt, you know, or something to that point. I had the gun. I was too close to draw down on him. I did like that, you know, and he's still fighting, fighting. And I was just like -- (she demonstrates how he held the gun but she's off-screen)

She asks if TM recalls the the officer interviewing asked TM is he recalled whether AA grabbed the shotgun at all. She reads the answer, which is -- I want to say he did, but to be honest with you, I don't remember at all. Me and him were face to face the entire time.

TM believes that it's "obvious" with the way he described it that AA had the gun.

What do you think? Is it "obvious?"
 
jointly the defense now arguing about that last remark/question by the state. prejudicial, asking for sanctions.

Gough would like the lunch break to decide if he wants to make motion for mistrial

state wants it noted that juror 12 was fully awake and attentive. Judge agrees. recess for one hour - judge taking matter under advisement.
 
@iMajorWish

Laura Hogue moves that the jury be brought back in and the prosecutor be admonished for asking an inadmissible question and the panel be instructed to strike that testimony. Other counsel joins and Gough says he doesn’t know why there isn’t a motion for mistrial.


@newsworthy17

We're not in recess; the defense asked why the prosecution asked that question. Prosecutor says she thought it was appropriate to ask based on the defense's questioning.



@MissVWaters
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https://mobile.twitter.com/MissVWaters/status/1461376769848750081
Laura Hogue asks that after lunch Judge admonish ADA Ollivierre for asking question she knew was impermissible. Also, ask jury to disregard question & any feelings it gave them. It's inappropriate, incendiary, it's prejudicial, improper. Sanction her
 
Veronica Waters
@MissVWaters
·
53m
Dunikoski keeps pointing out inconsistencies in Travis McMichael statements. Isn't it true when you stopped on Holmes, you yelled Stop stop, your father yelled "Stop or I'll blow your head off?" TM: I don't think I heard him say that. I heard that in court

Group.jpg

T McMichael describes section of route when black truck was coming his way. At this point, Mr. #AhmaudArbery was pinned between the two vehicles? Dunikoski asks. McMichael: "He was."

Travis6.jpg

Back from recess, defense moves to replace Juror 12, saying she "continues to nod off. Don't think it's appropriate for a juror to sleep through direct AND cross." State objects; says they didn't notice. Jurors seem to be paying attention.

Shef.jpg

Judge Walmsley said he's been watching 12. There are moments when she appears tired but not sleeping. Gonna keep an eye on her and will decides whether to inquire on if she's listening to testimony. Not going to strike her now.

Kevin Gough notes Rev. Jesse Jackson is in court again. Also notes there was someone in the foyer with a black sweatshirt saying "I support Black pastors" and "since Black pastors support conviction, we object to slogans being outside where witnesses sit"

Jury's back. State asks Travis McMichael about seeing video of #AhmaudArbery several times. Arbery's well out in front. You're telling jury both your trucks are behind him here? TM: Correct.

Trees.jpg

State: He turns around and runs back toward both your trucks? McMichael: From the video yes. S: Isn't it true that the reason he turned is b/c he saw your truck coming back down Holmes? TM: I don't believe so

State: You pass him as he's passing Mr. Bryan? McMichael: No. S: So for no reason whatsoever #AhmaudArbery who could've kept running up Holmes to get away from these 2 trucks chasing him turns back & runs toward BOTH trucks? Defense objects: speculation. Judge sustains

State rephrases. #AhmaudArbery has opportunity to run up Holmes but on video we see him turn run back toward black pickup that'd tried to hit him 4 times. McMichael: I didn't see him try to run him over

State: You're telling jury you don't know why #AhmaudArbery turned around, but he did and ran back toward both your and Bryan's trucks? T McMichael: Yes.

ADA2.jpg

For the first time ever, yesterday, you claim that #AhmaudArbery tried to "attack" the black truck? McMichael: Yes. Never said that any other statements, or said Arbery was running beside it, or you were concerned about person in it? McMichael: Can I refer to the notes?

McMichael: I did not say he attacked the black vehicle. State asks about his testimony that #AhmaudArbery grabbed his shotgun. Remember Nohilly asking you that? TM: I do. S: And you said...?

State goes over Travis McMichael's description of fight--too close to draw down on him. Nohilly: Did he grab gun at all? "I wanna say he did but honestly I can't remember. Me & him were face to face the entire time." TM doesn't know why he said that.

State: You didn't shoot b/c he had your shotgun, you shot b/c he came around that corner and you just pulled that trigger immediately? McMichael: No, I was struck. Reads: He started striking. He was on me.

State plays video to compare to Travis McMichael's description & to his statement to GCPD. State: Is that what happened? Was it this, or this? (demos) TM: It was obviously like that in the video. It happened so fast. Trying to recall, I missed every minute detail

State: Let's talk about things you chose not to do. You could've made sure you called police before leaving house? McMichael: I thought he already had. S: You could've driven behind #AhmaudArbery slowly, never tried to talk to him? TM: Yes

State: You could've just let him run away in front of Mr. Bryan's house? McMichael: Could have and did after I realized he wasn't going to talk. S: Could've stayed in truck on Holmes? TM: Yes. S: Let him run by, then drive after? TM: I could have, yes

State: During statement to police did you say you and father were trying to arrest #AhmaudArbery? T McMichael: No. S: Tell police you told him, You're under arrest? No. Ever tell Arbery he was under arrest? TM: I didn't have time. I was still trying to get him to stop.

State: Let's talk your attitudes about vigilantism. You've posted on FB, "Playing w/fire in this neighborhood!" and "Arm up!" Other posts.

Re-direct, Jason Sheffield asked Travis McMichael to go over decisions in #AhmaudArbery confrontation that State questioned him about. He says he told Nohilly something just was not "right" about

Defense calls Mindy Cofer who's lived in Satilla Shores since 1976, "a rural, pleasant neighborhood. Families, all ages. We have a socioeconomic and ethnicity mix." She doesn't know the McMichaels.

Mindy.jpg


link: https://twitter.com/MissVWaters
 
Can't believe it's grounds for a mistrial, but it was wildly inappropriate, inflammatory, & out of line. The judge clearly is rightfully displeased. Imo he's going to have to reprimand her & to admonish the jury to disregard.
 
He was getting rude and snarky IMO

-You heard the medical examiner testify that Mr. Arbery’s hand was between him and the shotgun when he was shot here into his torso, correct?
-That’s the theory, yes
-That was the medical examiner giving his opinion, correct?
-His opinion I’m sorry, correct.


Talking about the confrontation where he claimed he had the gun one way and now he claims he had it some other way
-So which one was it, was it like this, or was it like this?
-It was obviously like that in the video.

He talks like what he’s saying is so easy to understand but this obtuse woman just won’t listen and won’t shut up.

I hope the jury realises that the discrepancies are not because he was shaken up. The first statement he gave when it didn’t even occur to him that he’d get in any trouble for this. The one he’s giving now is the edited, editorialised and embellished version.
 
ADA Ollivierre should have asked if "creeping" in the shadows of a yard warranted the death penalty. (You know, since that's today's version of TM's probable cause)

Honestly, I didn't expect her to go make that comment but dang I sure wanted someone to say it. Hope it doesn't get her sanctioned but it probably should.
 
Or chose not to. She didn't need to, and maybe decided that bringing up race explicitly wasn't a good move. I trust her ability to read this jury well, and to have strategically chosen where she wanted to go on cross.

Yeah, true. I wonder which, though. If it's not allowed or she chose not to use it.
 
Can't believe it's grounds for a mistrial, but it was wildly inappropriate, inflammatory, & out of line. The judge clearly is rightfully displeased. Imo he's going to have to reprimand her & to admonish the jury to disregard.

Additionally, her question really didn't apply in this case because Mr. Arbery did not steal anything. The entire case is premised on assumptions made and based on those assumptions that he was a criminal, he was shot and killed.
 
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