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Judge: Arbery’s imperfect past can’t be used by defense at trial
GEORGIA NEWS
By Bill Rankin, The Atlanta Journal-Constitution

One of Travis McMichael’s lawyers, Jason Sheffield, said “Why the judge would now decide that all of his prior motives, his intent, his plan to do these things is not relevant in this case is baffling.”
Sheffield added that the jury has to try and understand why Arbery was in the neighborhood that day, what he was doing there and why he ran from Travis and Greg McMichael when they tried to question him. “Now they will be denied the truth,” Sheffield said of the jurors.
In his ruling on Monday, Walmsley noted that the McMichaels knew nothing of Arbery’s past when they chased him down that day. “It is apparent that defendants’ intended use of the victim’s other acts is to engage in speculation as to why Arbery acted as he did,” the judge wrote.
Walmsley also said the defense was trying to get “clearly bad character and propensity evidence” before the jury that is unfairly prejudicial. “The character of the victim is neither relevant nor admissible in a murder trial,” the judge wrote.
Evidence about Arbery’s troubled past may also mislead the jury, Walmsley said. It could lead the jury to believe that although Arbery did not commit a crime on the day he was killed, jurors could think “he may pose a future dangerousness in that he would eventually commit more alleged crimes and, therefore, the defendants’ actions were somehow justified on that basis.”
Even though Walmsley disallowed the defense from introducing evidence about Arbery’s past, there is still a possibility it comes in. For example, if prosecutors introduce evidence of Arbery’s past good behavior, the defense could try to rebut that with evidence of Arbery’s imperfect past.
Porter, the former Gwinnett DA, said he does not think the Cobb County prosecutors assigned to try the case will make such a mistake. “They’ll have to be alert to such a possibility though,” he said.
GEORGIA NEWS
By Bill Rankin, The Atlanta Journal-Constitution

One of Travis McMichael’s lawyers, Jason Sheffield, said “Why the judge would now decide that all of his prior motives, his intent, his plan to do these things is not relevant in this case is baffling.”
Sheffield added that the jury has to try and understand why Arbery was in the neighborhood that day, what he was doing there and why he ran from Travis and Greg McMichael when they tried to question him. “Now they will be denied the truth,” Sheffield said of the jurors.
In his ruling on Monday, Walmsley noted that the McMichaels knew nothing of Arbery’s past when they chased him down that day. “It is apparent that defendants’ intended use of the victim’s other acts is to engage in speculation as to why Arbery acted as he did,” the judge wrote.
Walmsley also said the defense was trying to get “clearly bad character and propensity evidence” before the jury that is unfairly prejudicial. “The character of the victim is neither relevant nor admissible in a murder trial,” the judge wrote.

Evidence about Arbery’s troubled past may also mislead the jury, Walmsley said. It could lead the jury to believe that although Arbery did not commit a crime on the day he was killed, jurors could think “he may pose a future dangerousness in that he would eventually commit more alleged crimes and, therefore, the defendants’ actions were somehow justified on that basis.”
Even though Walmsley disallowed the defense from introducing evidence about Arbery’s past, there is still a possibility it comes in. For example, if prosecutors introduce evidence of Arbery’s past good behavior, the defense could try to rebut that with evidence of Arbery’s imperfect past.
Porter, the former Gwinnett DA, said he does not think the Cobb County prosecutors assigned to try the case will make such a mistake. “They’ll have to be alert to such a possibility though,” he said.
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