GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3

[sds71]

@dixiegirl1035 - I take the Judge has not ruled on this yet? Keeping media out?
TIA!

I guess we will find out tomorrow.

Superior Court Judge Timothy Walmsley has scheduled a hearing with attorneys Thursday to discuss pretrial motions and jury selection, which is scheduled for October.
Neither he nor prosecutors have weighed in on the request to bar reporters from voir dire.

 

[Niner]

I don't know. But this is one case that I REALLY want to follow.

For MANY reasons. Most of all, that folks that live in that area think what was done was acceptable.

Where I live, I would have immediately called the police re two men chasing another man in the public street with guns.

Cannot Imagine if that happened in my hood would think okay or tolerable NO MATTER what the circumstance, can others? Perhaps some there in that jury selection do? .. Nope nope nope nope... This is why I really want to hear voir dire questions. MOO

I would have done the same as you - called the police!! Not in my neighborhood either.

 

[Niner]

Since they haven't been in court in awhile I have lots of notes - I will shorten this up a bit after posting.

Thursday, July 22nd:
*Motions hearing for both (@ 10am 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).
Trial set to begin on 10/18/21 with jury selection.
Court info from 5/8/20 thru 5/12/21 reference post #441 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3
5/12/21 Update: For info on this hearing, see post #441 – link above. Motions hearing continued to 5/13/21. 5/13/21 Update: Superior Court Judge Timothy Walmsley declined to hear from an expert witness that defense lawyers plan to use to discuss Arbery’s mental health at trial until the judge rules on whether the records can be admitted into evidence. The Judge said Thursday he will review under seal mental health records of Arbery to decide whether they can be used by defense attorneys to support their case that the slaying of Arbery was an act of self-defense. The judge wants the defense to provide a detailed justification in writing before he makes his final decision. Prosecutors have asked the judge to keep all of that out of the upcoming trial, saying it’s irrelevant because none of the defendants knew Arbery before the fatal chase. They also content any records dealing with Arbery’s mental health are protected by law as private medical information. Jason Sheffield, a lawyer for Travis McMichael, told the judge that his client’s right to a robust defense should trump concerns for Arbery’s medical privacy. He said the mental health evidence was “paramount” to the defense case. Defense attorneys Thursday also asked the judge to keep recordings of the defendants’ phone calls from jail out of their upcoming trial. Prosecutors told Superior Judge Timothy Walmsley they have requested recordings of about 1,500 phone calls involving the McMichaels & Bryan since they were jailed a year ago. They did not say which, if any, they plan to use as trial evidence. Greg McMichael’s attorney, Franklin Hogue, argued that using the calls at trial would violate the defendants’ due process rights. The judge didn’t rule on the issue in court.
7/2/21 Update: Fifteen new motions filed in the past 24 hours include prosecutors' request to show video of Ahmaud Arbery's killing during opening statements. Among them, the state's District Attorney's Office is asking the judge to allow a three-hour closing argument (an hour longer than allowed) & to show jurors cell phone video of Arbery's killing during opening statements. Prosecutors' trial plans, as well as their fears about the legal strategy of defendants, take shape in the multiple filings. Cobb County Senior Assistant District Attorney Linda Dunikoski expresses concern about the tactics of defense lawyers "based on ... prior appearances in hearings in this case," and asks Superior Court Judge Timothy Walmsley to proactively prohibit defense lawyers from mentioning several things -- including the repeal of Georgia's citizen's arrest law. The State anticipates the Defense may try to argue that the previous citizen's arrest law was repealed because as it existed on Feb. 23, 2020, the law gave the Defendants the right to chase Mr. Arbery through the Satilla Shores neighborhood after not having seen him to anything and shoot him dead when he did not stop," one motion says. In addition to asking the judge for prohibitions, prosecutors are also asking for a longer closing argument, citing the complexity of the case. The motion notes that although the state will be allowed to make two closing arguments, there "will be (potentially) six hours of defense closing arguments. The state has filed previous motions seeking to keep out evidence of Arbery's diagnosed mental illness or his prior run-ins with police. The judge has not yet ruled on any of the motions. The next court date is 7/22/21 at 10 am.
7/15/21 Update: Defense attorneys for men charged in the slaying of Arbery are asking a Georgia judge to keep reporters out of the courtroom when lawyers question potential jurors to determine if they have biases in the widely publicized case. Jury selection in the three men’s trial is scheduled to begin Oct. 18. Defense attorneys for the McMichaels filed a legal motion Wednesday that proposes three main steps. Jury pool members would first answer a written questionnaire. Then they would be brought one at a time into the courtroom for questioning by the judge & lawyers. Finally, potential jurors would face additional questions in groups of 12. The legal filing by the McMichaels’ attorneys requests that “no press will be permitted to be present” when potential jurors are questioned individually about what they’ve heard about the case & whether issues with race or other matters might make it hard for them to be fair & impartial. Superior Court Judge Timothy Walmsley has not weighed in on the request. Neither have prosecutors. Under Georgia law, court proceedings including jury selection are presumed to be open to the press & the public, though judges can restrict access in rare circumstances.
Federal charges: *Travis James McMichael (34/now 35) & *Gregory Johns McMichael (64/now 65) indicted (4/28/21) & charged (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime), 1 count of attempted kidnapping & 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence & Travis: 1 count of discharging a firearm. Both plead not guilty. No bond.
Southern District of Georgia Federal Grand jury indicted & charged (4/28/21) with 1 count of interference with rights (hate crime) & 1 count of attempted kidnapping; the indictment also charges Travis & Gregory McMichael with 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence. This case was investigated by both the FBI & the GBI & is being prosecuted by Assistant U.S. attorney Tara Lyons of the So. District of Georgia, Deputy Chief Bobbi Bernstein & Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.
5/11/21 Update: The McMichaels & Bryan had their first appearance in Federal Court on hate crimes & attempted kidnapping charges. Each man has asked for an appointed attorney (different from their defense attorneys in the murder trial). U.S. Magistrate Judge Benjamin Cheesbro outlined the five hate crimes & civil rights charges, including that the defendants "did willfully, by force & threat of force, injure, intimidate, and interfere with Arbery, an African American man, because of his race & color". Possible sentencing options are being read now in Federal Court. Travis & Gregory McMichael face up to life in prison. The three men charged in the killing of Arbery entered not guilty pleas on federal hate crime & attempted kidnapping charges. The defendants have previously been denied bond in the State's murder case so they will not get bond in the federal hate crimes case. They are being returned to state custody now.
5/19/21 Update: All are ordered to appear before U.S. Magistrate Judge Benjamin W. Cheesbro for a status hearing on 7/26/21 @ 10am in the Brunswick Federal Court house.

 

[Niner]

Thursday, July 22nd:
*Motions hearing (@ 10am ET) - GA – Ahmaud Marquez Arbery (25) (Feb. 23, 2020, shot while jogging in Satilla Shores neighborhood, Brunswick) - *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 set to begin on 10/18/21 with jury selection.
Court info from 5/22/20 thru 5/12/21 reference post #441 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3
5/13/21 Update: Superior Court Judge Timothy Walmsley declined to hear from an expert witness that defense lawyers plan to use to discuss Arbery’s mental health at trial until the judge rules on whether the records can be admitted into evidence. The Judge said Thursday he will review under seal mental health records of Arbery to decide whether they can be used by defense attorneys to support their case that the slaying of Arbery was an act of self-defense. Prosecutors have asked the judge to keep all of that out of the upcoming trial, saying it’s irrelevant because none of the defendants knew Arbery before the fatal chase. They also content any records dealing with Arbery’s mental health are protected by law as private medical information. Jason Sheffield, a lawyer for Travis McMichael, told the judge that his client’s right to a robust defense should trump concerns for Arbery’s medical privacy. He said the mental health evidence was “paramount” to the defense case. Defense attorneys Thursday also asked the judge to keep recordings of the defendants’ phone calls from jail out of their upcoming trial. Prosecutors told Superior Judge Timothy Walmsley they have requested recordings of about 1,500 phone calls involving the McMichaels & Bryan since they were jailed a year ago. They did not say which, if any, they plan to use as trial evidence. Greg McMichael’s attorney, Franklin Hogue, argued that using the calls at trial would violate the defendants’ due process rights. The judge didn’t rule on the issue in court.
7/2/21 Update: Fifteen new motions filed in the past 24 hours include prosecutors' request to show video of Ahmaud Arbery's killing during opening statements. Among them, the state's District Attorney's Office is asking the judge to allow a three-hour closing argument (an hour longer than allowed) & to show jurors cell phone video of Arbery's killing during opening statements. Prosecutors' trial plans, as well as their fears about the legal strategy of defendants, take shape in the multiple filings. Cobb County Senior Assistant District Attorney Linda Dunikoski expresses concern about the tactics of defense lawyers "based on ... prior appearances in hearings in this case," and asks Superior Court Judge Timothy Walmsley to proactively prohibit defense lawyers from mentioning several things -- including the repeal of Georgia's citizen's arrest law. The State anticipates the Defense may try to argue that the previous citizen's arrest law was repealed because as it existed on Feb. 23, 2020, the law gave the Defendants the right to chase Mr. Arbery through the Satilla Shores neighborhood after not having seen him to anything and shoot him dead when he did not stop," one motion says. In addition to asking the judge for prohibitions, prosecutors are also asking for a longer closing argument, citing the complexity of the case. The motion notes that although the state will be allowed to make two closing arguments, there "will be (potentially) six hours of defense closing arguments. The state has filed previous motions seeking to keep out evidence of Arbery's diagnosed mental illness or his prior run-ins with police. The judge has not yet ruled on any of the motions. The next court date is 7/22/21 at 10 am.
7/15/21 Update: Defense attorneys for men charged in the slaying of Arbery are asking a Georgia judge to keep reporters out of the courtroom when lawyers question potential jurors to determine if they have biases in the widely publicized case. Jury selection in the three men’s trial is scheduled to begin Oct. 18. Defense attorneys for the McMichaels filed a legal motion Wednesday that proposes three main steps. Jury pool members would first answer a written questionnaire. Then they would be brought one at a time into the courtroom for questioning by the judge & lawyers. Finally, potential jurors would face additional questions in groups of 12. The legal filing by the McMichaels’ attorneys requests that “no press will be permitted to be present” when potential jurors are questioned individually about what they’ve heard about the case & whether issues with race or other matters might make it hard for them to be fair & impartial. Superior Court Judge Timothy Walmsley has not weighed in on the request. Neither have prosecutors. Under Georgia law, court proceedings including jury selection are presumed to be open to the press & the public, though judges can restrict access in rare circumstances.
Federal Charges: *William “Roddie” Roderick Bryan, Jr. (50/now 51) indicted (4/28/21) & charged (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime) & 1 count of attempted kidnapping. Plead not guilty. No bond.
Southern District of Georgia Federal Grand jury indicted & charged (4/28/21) with 1 count of interference with rights (hate crime) & 1 count of attempted kidnapping; the indictment also charges Travis & Gregory McMichael with 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence. This case was investigated by both the FBI & the GBI & is being prosecuted by Assistant U.S. attorney Tara Lyons of the So. District of Georgia, Deputy Chief Bobbi Bernstein & Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.
5/11/21 Update: The McMichaels & Bryan had their first appearance in Federal Court on hate crimes & attempted kidnapping charges. Each man has asked for an appointed attorney (different from their defense attorneys in the murder trial). U.S. Magistrate Judge Benjamin Cheesbro outlined the five hate crimes & civil rights charges, including that the defendants "did willfully, by force & threat of force, injure, intimidate, and interfere with Arbery, an African American man, because of his race & color". Possible sentencing options are being read now in Federal Court. Travis & Gregory McMichael face up to life in prison. The three men charged in the killing of Arbery entered not guilty pleas on federal hate crime & attempted kidnapping charges. The defendants have previously been denied bond in the State's murder case so they will not get bond in the federal hate crimes case. They are being returned to state custody now.
5/19/21 Update: All are ordered to appear before U.S. Magistrate Judge Benjamin W. Cheesbro for a status hearing on 7/26/21 @ 10am in the Brunswick Federal Court house.

 

[JerseyGirl]

Media blasts effort to bar press from part of Arbery trial

 

[JerseyGirl]

Pre-trial hearing set for Thursday in Arbery case

On Thursday, lawyers on the case will set their guidelines for when the trial starts. They will come up with the questions they will ask when selecting a jury, determine the terms and names they will use when referring to everyone involved in the case, and set a schedule for the trial.

 

[CrimeDawg123]

I find it disrespectful Roddie Bryan's attorney mispronounces Ahmaud's last name.

 

[Niner]

I find it disrespectful Roddie Bryan's attorney mispronounces Ahmaud's last name.

We need details - anything "important" going on? TIA!

 

[sds71]

We need details - anything "important" going on? TIA!

On a lunch break now but this happened:

@JessicaSavageTV
Roddie Bryan’s attorney then said Ahmaud Arbery’s handprints on the side of Bryan’s car could show he was attempting to carjack Bryan. Prosecutor then said the evidence will show Arbery was being assaulted by a 5,000 pound vehicle being driven by Mr. Bryan.

 

[JerseyGirl]

AJC, media seek access to jury selection in Arbery murder trial

On Thursday, Walmsley considered pretrial motions that had been filed by both the prosecution and the defense. Arguments grew heated when Walmsley addressed a motion by prosecutors to restrict the defense’s use of terms such as “burglary” and “carjacking.”

Kevin Gough, Bryan’s attorney, said when the McMichaels and Bryan were chasing Arbery in their trucks, Arbery tried to enter Bryan’s pickup.

This could have been attempted motor vehicle theft, carjacking or an assault, Gough said. Arbery may have been trying “to beat him up and throw him in the woods,” he said. “Mr. Arbery was intending to commit a felony.”

This gave Bryan and the McMichaels’ another reason to try an conduct a citizen’s arrest, independent of Arbery being seen running away from the English home under construction, Gough said.

Lead prosecutor Linda Dunikoski strongly dismissed such an argument.

“The defendant Mr. Bryan hit Mr. Arbery with his truck,” she said. “He assaulted him with a 5,000-pound lethal weapon – a pickup truck.”

Dunikoski cited Bryan’s own statements in interviews with the GBI in which he said he ran Arbery off the road into a ditch.

“It’s offensive this has been turned into the victim was trying to commit a carjacking,” she said, then pointing her finger at Bryan. “He was trying to save his life from that man who was trying to hit him with a truck.”

 

[dixiegirl1035]

3:39:04 long video of the Pre-Trial Conference 7/22

 

[Niner]

3:39:04 long video of the Pre-Trial Conference 7/22

Hey dixiegirl!

I don't have 3 hours to watch the hearing - any important info in there? Next hearing date, maybe?
TIA!

edited to add - here's what I have for the hearing so far:


7/22/21 Update: On Thursday, lawyers on the case will set their guidelines for when the trial starts. They will come up with the questions they will ask when selecting a jury, determine the terms and names they will use when referring to everyone involved in the case, and set a schedule for the trial. Judge Walmsley says today’s conference is to make sure everything is on track for an October trial date. First topic- press access during jury selection. The McMichaels attorneys do not want media access during what is historically a very public process. AJC attorney here to object to motion to close jury selection to the press. The judge continued to go item by item through each “motion in limine” filed by the state & defense. He is deciding whether each motion will be argued today, later or in some cases- he’s made a ruling. If you’re following along- motion 4.59 is up for discussion. All of these motions have to do with arguments about which evidence & testimony the jury can hear. Bryan’s attorney said Arbery’s handprints on the side of Bryan’s car could show he was attempting to carjack Bryan. Prosecutor then said the evidence will show Arbery was being assaulted by a 5,000 pound vehicle being driven by Mr. Bryan.

 

[JerseyGirl]

Arbery family reacts to newest pretrial event

 

[JerseyGirl]

Defense drops bid to exclude press from jury selection in Arbery trial

Defense attorneys on Thursday withdrew a request to bar the news media from an important part of jury selection in the trial involving the killing of Ahmaud Arbery.

Media companies, including The Atlanta Journal-Constitution, CNN, The Associated Press, and Channel 2 Action News, had opposed the motion to keep the press out of the courtroom during individual questioning of potential jurors for the Oct. 18 murder trial.

 

[dixiegirl1035]

@Niner, I don't see the next pretrial date in any publication.

 

[Niner]

@Niner, I don't see the next pretrial date in any publication.

Thanks for looking - I didn't see one either - and that is why...

@watergirl62 - any updates in the court site for their next hearing?

TIA!

 

[dixiegirl1035]

“Without ‘Roddie’ Bryan there would be no case.” The attorneys for William ‘Roddie’ Bryan join us live, saying their client didn’t commit any crime.

"Our client was only armed with a phone and not a gun" "Mr. Bryan is a witness to the shooting, nothing more"

Lawyers for Travis and Gregory McMichael join us live to give us a look at today’s pretrial hearing. Bob Rubin and Franklin Hogue [Greg's atty].... saying today’s proceedings weren’t a win or a loss for the defense.

 

[Niner]

Monday, July 26th:
*Status Hearing for all (@ 10am ET) – GA - Federal charges: *Travis James McMichael (34/now 35) & *Gregory Johns McMichael (64/now 65) indicted (4/28/21) & charged (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime), 1 count of attempted kidnapping & 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence & Travis: plus 1 count of discharging a firearm. Both plead not guilty. No bond.
Southern District of Georgia Federal Grand jury indicted & charged (4/28/21) with 1 count of interference with rights (hate crime) & 1 count of attempted kidnapping; the indictment also charges Travis & Gregory McMichael with 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence. This case was investigated by both the FBI & the GBI & is being prosecuted by Assistant U.S. attorney Tara Lyons of the So. District of Georgia, Deputy Chief Bobbi Bernstein & Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.
Court info from 5/11/21 reference post #463 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3
5/19/21 Update: All are ordered to appear before U.S. Magistrate Judge Benjamin W. Cheesbro for a status hearing on 7/26/21 @ 10am in the Brunswick Federal Court house.
Federal Charges: *William “Roddie” Roderick Bryan, Jr. (50/now 51) indicted (4/28/21) & charged (5/11/21) with Federal crimes of 1 count of interference with rights (hate crime) & 1 count of attempted kidnapping. Plead not guilty. No bond.
Southern District of Georgia Federal Grand jury indicted & charged (4/28/21) with 1 count of interference with rights (hate crime) & 1 count of attempted kidnapping; the indictment also charges Travis & Gregory McMichael with 1 count of using, carrying & brandishing firearms during & in relation to a crime of violence. This case was investigated by both the FBI & the GBI & is being prosecuted by Assistant U.S. attorney Tara Lyons of the So. District of Georgia, Deputy Chief Bobbi Bernstein & Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.
Court info from 5/11/21 reference post #464 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3
5/19/21 Update: All are ordered to appear before U.S. Magistrate Judge Benjamin W. Cheesbro for a status hearing on 7/26/21 @ 10am in the Brunswick Federal Court house.

 

[branmuffin]

AJC, media seek access to jury selection in Arbery murder trial

On Thursday, Walmsley considered pretrial motions that had been filed by both the prosecution and the defense. Arguments grew heated when Walmsley addressed a motion by prosecutors to restrict the defense’s use of terms such as “burglary” and “carjacking.”

Kevin Gough, Bryan’s attorney, said when the McMichaels and Bryan were chasing Arbery in their trucks, Arbery tried to enter Bryan’s pickup.

This could have been attempted motor vehicle theft, carjacking or an assault, Gough said. Arbery may have been trying “to beat him up and throw him in the woods,” he said. “Mr. Arbery was intending to commit a felony.”

This gave Bryan and the McMichaels’ another reason to try an conduct a citizen’s arrest, independent of Arbery being seen running away from the English home under construction, Gough said.

Lead prosecutor Linda Dunikoski strongly dismissed such an argument.

“The defendant Mr. Bryan hit Mr. Arbery with his truck,” she said. “He assaulted him with a 5,000-pound lethal weapon – a pickup truck.”

Dunikoski cited Bryan’s own statements in interviews with the GBI in which he said he ran Arbery off the road into a ditch.

“It’s offensive this has been turned into the victim was trying to commit a carjacking,” she said, then pointing her finger at Bryan. “He was trying to save his life from that man who was trying to hit him with a truck.”

Gough and the spaghetti defense. This man has no shame.

 

[dixiegirl1035]

Well, we also have the federal charges that @Niner refers to today. Looking forward to MSM reports on such afterwards as feds don't allow media video or tweeting in courts.