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They are trying to vacate only the federal hate crime charges. They each also got federal kidnapping charges (20 years) and TM and GM both got federal gun charges too.
GUILTY GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #6
- Thread starter Cryptic
- Start date
This might be a reference to a past plea bargain effort by the perpertrators:
- I"ll plead guilty to the federal hate crime charge. But.... I want to serve my federal sentence first, in a federal sentence.
- Once the federal sentence is complete, I"ll be transferred back to State to serve that sentence. But.... by that time, my noteriety may of declined.
arielilane
Justice for Liz Barraza
Appears they're claiming pursuit of AA mistakenly due to him being a criminal, rather than because of his race.
I'm not buying it. moo
I'm not buying it. moo
Cool Cats
I EXPECT DOUGHNUTS
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You will find this interesting.
Travis's lawyer is not appealing on those grounds... That Arbery was targeted
due to him being a criminal, rather than because of his race.... Even Travis's own attorney apparently believes Travis targeted Arbery due to his race, or that it is so obvious that it can't be used for appeals.
In Travis McMichael's appeal, attorney Amy Lee Copeland didn't dispute the jury's finding that he was motivated by racism. The social media evidence included a 2018 Facebook comment Travis McMichael made on a video of Black man playing a prank on a white person. He used an expletive and a racial slur after he wrote wrote: “I’d kill that .... .”
Instead, Copeland based her appeal on legal technicalities.
Ahmaud Arbery's killers ask a US appeals court to overturn their hate crime convictions
Racist messages, vile online posts highlighted in hate crimes trial of Ahmaud Arbery's killers
In his state trial for the murder of Ahmaud Arbery, Travis McMichael testified he is not a racist. But federal prosecutors are presenting evidence that shows otherwise.
FBI analyst Amy Vaughn testified on Wednesday that she found a digital onslaught of messages, mostly from Travis McMichael, in which he allegedly routinely used racial slurs to describe Black people and advocated violence against them.
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LinasK
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Yeah, I'm not buying it. They didn't go after everyone who entered that home under construction, only him. And how could they have known if he had a criminal record without being LE???You will find this interesting.
Travis's lawyer is not appealing on those grounds... That Arbery was targeted
due to him being a criminal, rather than because of his race.... Even Travis's own attorney apparently believes Travis targeted Arbery due to his race, or that it is so obvious that it can't be used for appeals.
In Travis McMichael's appeal, attorney Amy Lee Copeland didn't dispute the jury's finding that he was motivated by racism. The social media evidence included a 2018 Facebook comment Travis McMichael made on a video of Black man playing a prank on a white person. He used an expletive and a racial slur after he wrote wrote: “I’d kill that .... .”
Instead, Copeland based her appeal on legal technicalities.
Ahmaud Arbery's killers ask a US appeals court to overturn their hate crime convictions
Racist messages, vile online posts highlighted in hate crimes trial of Ahmaud Arbery's killers
In his state trial for the murder of Ahmaud Arbery, Travis McMichael testified he is not a racist. But federal prosecutors are presenting evidence that shows otherwise.abcnews.go.com
FBI analyst Amy Vaughn testified on Wednesday that she found a digital onslaught of messages, mostly from Travis McMichael, in which he allegedly routinely used racial slurs to describe Black people and advocated violence against them.
Cool Cats
I EXPECT DOUGHNUTS
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Roddie said he did not even know anything about Arbery's history in the neighbourhood. He admitted to an investigator that when he saw a black man being chased his instinct told him it was due to theft or a shooting.
2 Cents
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vls12345
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3 men convicted of hate crime in Ahmaud Arbery murder ask for convictions to be thrown out
The three men who shot and killed Ahmaud Arbery as he jogged through their neighborhood say race had nothing to do with his death.
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3 men convicted of hate crime in Ahmaud Arbery murder ask for convictions to be thrown out
The three men who shot and killed Ahmaud Arbery as he jogged through their neighborhood say race had nothing to do with his death.www.wsbtv.com
Wednesday morning attorneys for the trio asked a panel of three judges to throw out the hate crime convictions. “The race was a non-contributing role in this matter,” Greg McMichael’s attorney said.
Justice Coalition attorney Barbara Arnwine said the judges saw right through their ridiculous argument. “They did not just sit back and allow that argument to take place. They listened and they challenged it over and over and over again,” she said.
Channel 2 Action News will be looking out for the judges’ decision in a few months.
LinasK
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Seems kinda late to be making this argument. They should have brought it up during their trial. I think that they just don't like prison.
LinasK
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So by his own admission- racial profiling, so how can they claim that the killing wasn't racially motivated???
Seattle1
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@Seattle1 - just checking my old cases - any updates yet on this appeal? TIA!
United States v. McMichael (2:21-cr-00022) District Court, S.D. Georgia
Hi @Niner -- I didn't follow this case but from MSM posted here, Oral Arguments were only heard March 27, 2024.
From Court Listner, linked below, Notice of Appeals were filed as follows, and they all seem to be under the same case number:
Aug 21, 2022
NOTICE OF APPEAL by Gregory McMichael re 264 Judgment, (Balbo, Attilio) (Entered: 08/21/2022)
Aug 22, 2022
NOTICE OF APPEAL by Travis McMichael (Copeland, Amy) (Entered: 08/22/2022)
Aug 29, 2022
USCA Case Number as to William Bryan 22-12792-F for 266 Notice of Appeal - Final Judgment filed by William Bryan. (wwp) (Entered: 08/29/2022)
Aug 30, 2022
USCA Case Number as to Travis McMichael 22-12792-F for 272 Notice of Appeal - Final Judgment filed by Travis McMichael. (loh) (Entered: 08/30/2022)
Aug 30, 2022
USCA Case Number as to Gregory McMichael 22-12792-F for 271 Notice of Appeal - Final Judgment filed by Gregory McMichael. (loh) (Entered: 08/30/2022)
Here's the US Court of Appeals - 11th Circuit link with the Published/Unpublished Opinions Log where you can watch for the appeal results.
You can see from the Log (or the daily) that the Court is slow to reach a decision and slower to publish the decision.
Published Opinions Log | United States Court of Appeals
Niner
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United States v. McMichael (2:21-cr-00022) District Court, S.D. Georgia
Hi @Niner -- I didn't follow this case but from MSM posted here, Oral Arguments were only heard March 27, 2024.
From Court Listner, linked below, Notice of Appeals were filed as follows, and they all seem to be under the same case number:
Aug 21, 2022
NOTICE OF APPEAL by Gregory McMichael re 264 Judgment, (Balbo, Attilio) (Entered: 08/21/2022)
Aug 22, 2022
NOTICE OF APPEAL by Travis McMichael (Copeland, Amy) (Entered: 08/22/2022)
Aug 29, 2022
USCA Case Number as to William Bryan 22-12792-F for 266 Notice of Appeal - Final Judgment filed by William Bryan. (wwp) (Entered: 08/29/2022)
Aug 30, 2022
USCA Case Number as to Travis McMichael 22-12792-F for 272 Notice of Appeal - Final Judgment filed by Travis McMichael. (loh) (Entered: 08/30/2022)
Aug 30, 2022
USCA Case Number as to Gregory McMichael 22-12792-F for 271 Notice of Appeal - Final Judgment filed by Gregory McMichael. (loh) (Entered: 08/30/2022)
Here's the US Court of Appeals - 11th Circuit link with the Published/Unpublished Opinions Log where you can watch for the appeal results.
You can see from the Log (or the daily) that the Court is slow to reach a decision and slower to publish the decision.
Published Opinions Log | United States Court of Appeals
www.ca11.uscourts.gov
Thanks for the link! i shall bookmark it!
In tribute to and remembrance of Ahmaud Arbery....
My family went to Brunswick / Sea islands over Labor Day. I took a 3-4 mile walk through working class neighborhoods that went from largely black to entirely black. I was the "wrong" color for the area. This is what happened:
- Local black drivers routinely and very deliberately..... drove on the other side of the street to passing close to me as a pedestrian. Another black driver made eye contact- then..... waved me to take the right of way in front of his car.
- I walked past several black families doing Labor Day cook outs. Despite my "out of area" race, nobody presumes that I must be some kind of threat- then starts following me.
- I go into a store and buy a can of beer. I am the only white customer. By their talk, the black customers know each other. I am an outsider and a racial minority (well in that area at least). But....nobody gives me a second look.
- Its now dusk. I pass in front of an abandoned house. I could have trespassed ( I did not). Trespass, or no trespass, there was no hyper vigilance. Nobody chases me with a shotgun and a .357 magnum.
- An elderly black man calls out to me from his porch, My blood freezes (Ok-actually there was no hint of hostility what so ever). He is bored and just wants to talk. I enter his yard and we talk for a while.
He has a Harris Walz sign. The totality of my age, race, haircut and clothing state that I am, uhhmm... "unlikely" to be pro-Harris. His friendly demeanor never changes. No local black rushes to "intervene" under the assumption that a hate crime must be in progress.
Why could not the same had happened to AA on that jog? Why could he not of been treated like I was treated? I am not naive, racist blacks exist. Yet, the difference between what happened to me and what happened to Ahmaud is sad beyond belief.
My family went to Brunswick / Sea islands over Labor Day. I took a 3-4 mile walk through working class neighborhoods that went from largely black to entirely black. I was the "wrong" color for the area. This is what happened:
- Local black drivers routinely and very deliberately..... drove on the other side of the street to passing close to me as a pedestrian. Another black driver made eye contact- then..... waved me to take the right of way in front of his car.
- I walked past several black families doing Labor Day cook outs. Despite my "out of area" race, nobody presumes that I must be some kind of threat- then starts following me.
- I go into a store and buy a can of beer. I am the only white customer. By their talk, the black customers know each other. I am an outsider and a racial minority (well in that area at least). But....nobody gives me a second look.
- Its now dusk. I pass in front of an abandoned house. I could have trespassed ( I did not). Trespass, or no trespass, there was no hyper vigilance. Nobody chases me with a shotgun and a .357 magnum.
- An elderly black man calls out to me from his porch, My blood freezes (Ok-actually there was no hint of hostility what so ever). He is bored and just wants to talk. I enter his yard and we talk for a while.
He has a Harris Walz sign. The totality of my age, race, haircut and clothing state that I am, uhhmm... "unlikely" to be pro-Harris. His friendly demeanor never changes. No local black rushes to "intervene" under the assumption that a hate crime must be in progress.
Why could not the same had happened to AA on that jog? Why could he not of been treated like I was treated? I am not naive, racist blacks exist. Yet, the difference between what happened to me and what happened to Ahmaud is sad beyond belief.
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Lilibet
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Very nice Cryptic. Did you mean that the drivers drove on the other side of the street to avoid passing close to you? Given everything else you wrote, I think that’s what you meant, but it took my muddled brain a few reads to get it.
In any case, your account warmed my heart, but made me so very sad for Ahmaud.
Thank you for the compliment. Yes, you have a good understanding. The drivers routinely crossed to the other side of the neighborhood streets when passing by me so as not to drive too close to a pedestrian since I was walking in areas with out side walks.
vls12345
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Ahmaud Arbery's family is still waiting for ex-prosecutor's misconduct trial after 3 years
The family of Ahmaud Arbery is waiting for stalled court proceedings to resume in the case of a former Georgia prosecutor accused of interfering with the police investigation into the Black man's killing