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

[ringbearer]

Thanks. That is heartbreaking, imho.

That headline is VERY misleading. After hearing argument, he found that what "appeared to be" discrmination, was NOT.

From the link in the OP. Bold by me:

The court heard arguments for more than two hours about why defense struck the potential jurors before Walmsley ultimately denied the state's motion and ruled there were valid reasons, beyond race, for why the jurors were dismissed.
"One of the challenges that I think counsel recognized in this case is the racial overtones in the case. ... This is sort of the continuation of a conversation that I think will continue for a long time, with respect to this case," the judge said, but added that in Georgia, "all the defense needs to do is provide that legitimate, nondiscriminatory, clear, reasonably specific and related reason," for why they struck a juror and he said the defense met that burden.

 

[SharonNeedles]

That headline is VERY misleading. After hearing argument, he found that what "appeared to be" discrmination, was NOT.

From the link in the OP. Bold by me:

The court heard arguments for more than two hours about why defense struck the potential jurors before Walmsley ultimately denied the state's motion and ruled there were valid reasons, beyond race, for why the jurors were dismissed.
"One of the challenges that I think counsel recognized in this case is the racial overtones in the case. ... This is sort of the continuation of a conversation that I think will continue for a long time, with respect to this case," the judge said, but added that in Georgia, "all the defense needs to do is provide that legitimate, nondiscriminatory, clear, reasonably specific and related reason," for why they struck a juror and he said the defense met that burden.

Thank You for pointing that out!

 

[tara83]

I want to have faith that the jury will do the right thing but I have seen some very odd verdicts over the years.

 

[mickey2942]

I am offended that there is an automatic assumption that the accused will be found "Not Guilty" by a jury of their peers.

 

[Hope4More]

That headline is VERY misleading. After hearing argument, he found that what "appeared to be" discrmination, was NOT.

From the link in the OP. Bold by me:

The court heard arguments for more than two hours about why defense struck the potential jurors before Walmsley ultimately denied the state's motion and ruled there were valid reasons, beyond race, for why the jurors were dismissed.
"One of the challenges that I think counsel recognized in this case is the racial overtones in the case. ... This is sort of the continuation of a conversation that I think will continue for a long time, with respect to this case," the judge said, but added that in Georgia, "all the defense needs to do is provide that legitimate, nondiscriminatory, clear, reasonably specific and related reason," for why they struck a juror and he said the defense met that burden.

Yes but no but not quite. Actually, the judge made it pretty clear he DID think the composition of the jury was regrettable, but that his hands were tied. That & context, criticism of Batson challenges:

Nearly All-White Jury in Arbery Killing Draws Scrutiny

 

[ringbearer]

Yes but no but not quite. Actually, the judge made it pretty clear he DID think the composition of the jury was regrettable, but that his hands were tied. That & context, criticism of Batson challenges:

Nearly All-White Jury in Arbery Killing Draws Scrutiny

Doesn't matter what the judge personally thinks or what he doesn't like. He made a legal determination that the defendants' jury strikes were NOT based on intentional discrimination. Obviously. Otherwise the jury would not be seated -- as it is. jmo

 

[Hope4More]

Doesn't matter what the judge personally thinks or what he doesn't like. He made a legal determination that the defendants' jury strikes were NOT based on intentional discrimination. Obviously. Otherwise the jury would not be seated -- as it is. jmo

What the judge said matters to those interested in the debate about how & why Batson/preemptive strikes are problematic. That the process which produced a just about all-white jury for this particular trial is legal, imo, is in itself rather convincing evidence that the critics have a mighty good point.

 

[ringbearer]

What the judge said matters to those interested in the debate about how & why Batson/preemptive strikes are problematic. That the process which produced a just about all-white jury for this particular trial is legal, imo, is in itself rather convincing evidence that the critics have a mighty good point.

Pending confirmation of whether it's ok to discuss race of the jurors, I'll point out that both sides have the same number of peremptory challenges and that one of the problems they had in this case was the number of jurors who had to be excluded for cause (not peremptory) because of their pre-formed opinions in the case.

Link to peremptory challenges
2010 Georgia Code :: TITLE 15 - COURTS :: CHAPTER 12 - JURIES :: ARTICLE 5 - TRIAL JURIES :: PART 2 - JURIES IN FELONY CASES :: § 15-12-165 - Number of peremptory challenges

Link about excused jurors for cause, bbm:

But Laura Hogue, a lawyer for Gregory McMichael, who is accused of racially profiling Arbery, said in court Wednesday that jury selection in the widely known case has meant choices between “the lesser of two evils.” Many prospective jurors were already stricken “for cause” because they came in with strong beliefs about the case.

“We are stuck between a rock and hard place given the fact that the majority of the African American jurors that came in here were struck for cause immediately because of their firm opinions,” she said.

https://www.washingtonpost.com/nation/2021/11/04/arbery-juries-race/


jmo

 

[Jax49]

My prediction: a hung jury. I hope I'm wrong but that's what I expect. moo

 

[Jax49]

Father compares mostly white jury to justice in Jim Crow South | firstcoastnews.com

A jury was chosen Wednesday, but not without controversy. Eleven of the 12 jurors are white, and just one member is Black. That's 92 percent of the jury, far more than the population of Glynn County, which is 62 percent white and 26 percent Black.

 

[Niner]

Friday, November 5th:
*Trial set to begin (@ 9am 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).
*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 began on 10/18/21 with jury selection & ended on 11/3/21. Trial set to begin on 11/5/21. Jurors: 5 men & 11 women with 4 alternates. 15 white/1 black jurors. Juror #579 was excused, sick. Alternates now 3.
Court info from 5/8/20 thru 10/17/21 & Jury selection (Day 1-12) 10/18/21-11/3/21 reference post #652 here:
GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #3
11/4/21 Update: State's pretrial motions are done. Remaining motions from the defense are: Motion regarding showing Confederate vanity plate on McMichael's truck. Motion on officer's body cam. Motion to eliminate some language from the jury charge & motion to seat all jurors in the jury box. Attorney Frank Hogue asks that jury be all seated in jury box instead of socially distanced in the courtroom "because of the diminishing [COVID] numbers & the importance of trying this case in a normal fashion." They want to see the jurors' faces.
First motion today is state's motion to exclude defense's use-of-force expert. Ruling: Judge grants the state's motion to EXCLUDE defense use-of-force expert. Defense had wanted to call ATF Agent Rick Register.
Next Motion: State will not introduce Arbery's toxicology report. It shows a small amount of TCH in Arbery's system & they believe that's irrelevant. Defense argues TCH could cause aggression, strange behavior. Ruling: Judge will not allow evidence in regarding levels of THC in Arbery's system.
Judge hearing defense motion to limit State's photographic evidence of Travis' truck with the vanity plate of the old GA state flag with its Confederate battle emblem. No ruling was posted.
Judge will allow officer body cam video in court to show the interactions & evidence at the crime scene when officers arrived.
Juror #579, who was seated in absentia when she had a doctor's appointment Wednesday, alerted the Court that she's now bedridden with back troubles so she can't sit up straight & is on narcotics, is now excused. Juror #282, also a white woman, takes her place.
Trial starts on Friday, 11/5/21 @ 9am.
*Federal charges: *Travis James McMichael (34/now 35) & *Gregory Johns McMichael & *William “Roddie” Roderick Bryan, Jr. Next motions hearing on 11/19/21. Trial set to begin on 2/7/22.

 

[Hope4More]

My prediction: a hung jury. I hope I'm wrong but that's what I expect. moo

I hope you're wrong too, but thinking the odds of that have always been pretty strong.

 

[sds71]

@KaileyTracy
https://twitter.com/KaileyTracy/status/1456613825776689160
NEW: Judge says not allowing fact that Arbery was on probation at time of fatal shooting in court, judge also allowing photo of Travis McMichael's truck that has vanity plate of old GA state flag (defense didn't want it allowed)
@FCN2go

 

[Kristin Esq.]

You can view the trial here:

https://www.facebook.com/video.php?v=1466273477089300

 

[AnnInOhio]

Pending confirmation of whether it's ok to discuss race of the jurors, I'll point out that both sides have the same number of peremptory challenges and that one of the problems they had in this case was the number of jurors who had to be excluded for cause (not peremptory) because of their pre-formed opinions in the case.

Link to peremptory challenges
2010 Georgia Code :: TITLE 15 - COURTS :: CHAPTER 12 - JURIES :: ARTICLE 5 - TRIAL JURIES :: PART 2 - JURIES IN FELONY CASES :: § 15-12-165 - Number of peremptory challenges

Link about excused jurors for cause, bbm:

But Laura Hogue, a lawyer for Gregory McMichael, who is accused of racially profiling Arbery, said in court Wednesday that jury selection in the widely known case has meant choices between “the lesser of two evils.” Many prospective jurors were already stricken “for cause” because they came in with strong beliefs about the case.

“We are stuck between a rock and hard place given the fact that the majority of the African American jurors that came in here were struck for cause immediately because of their firm opinions,” she said.

https://www.washingtonpost.com/nation/2021/11/04/arbery-juries-race/


jmo

This is one of those cases where there is so much info out in the media that it's hard NOT have a firm opinion. I couldn't be on the jury because I'd have to admit they'd have to prove them innocent to me on this one.

 

[tlcya]

Court TV - Live Stream - Web - Court TV

Good morning fellow websleuths. watching opening statements here.

 

[Chelly]

Each face the following nine counts in his killing:

• Malice murder
• Felony murder (4 counts)
• Aggravated assault (2 counts)
• False imprisonment to commit false imprisonment
• Criminal attempt

85-09642c19-cc2c-4825-8bcb-d7128d91f52c

 

[tlcya]

audio video issues for prosecutor. I really want to see and hear this body cam footage of the conversation with the neighborhood officer (Ash) and the neighborhood residents. I was not aware that Ash had told the men that English had told Ash that Arbery had never taken anything from the property.

 

[Kristin Esq.]

MOO

I'm not impressed with this prosecution opening.

 

[tlcya]

I wish the video had cooperated. I think the prosecution lost some important steam there.