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

[branmuffin]

Slavery-era Georgia law is key defense argument in trial over Ahmaud Arbery's killing

A pivotal defense argument of the three white men on trial in Georgia for killing Ahmaud Arbery, a Black jogger, is that they were trying to make a citizen's arrest under a Civil War-era law that was later repealed amid an uproar over the shooting. The state's statute was originally passed to enable the capture of escaped slaves.

When the fatal encounter occurred on Feb. 23, 2020, it was legal in Georgia for people to arrest someone where they had "reasonable and probable grounds of suspicion" that the person had just committed a felony. Outcry over the killing led to lawmakers revoking the statute in May.

Legal observers say prosecutors will seek to convince the jury that there was no felony over which to arrest Arbery, 25, and that the three men lacked the "reasonable and probable suspicion" required under the old citizen's arrest law. The trial is in the second week of jury selection.

Most U.S. states have codified some form of a law allowing citizen's arrests.
Chris Slobogin, a law professor at Tennessee's Vanderbilt University, said citizen's arrest laws put dangerous powers in untrained hands.

"Things can get out of control quickly," he said.

So let me get this straight, a civil war era law that was enacted to allow slave owners to catch runaway slaves remained on the books during Reconstruction, during Jim Crow, during last century race riots, after the Civil Rights Act of 1964 was just revoked in May 2021? I have no words.

 

[Hope4More]

He left out the part about English never responding to Rash the active duty LE's suggestion English call upon ex-LE MM to help guard his unsecured property.

 

[Kristin Esq.]

So let me get this straight, a civil war era law that was enacted to allow slave owners to catch runaway slaves remained on the books during Reconstruction, during Jim Crow, during last century race riots, after the Civil Rights Act of 1964 was just revoked in May 2021? I have no words.

Is it sad to say that I'm not surprised?

 

[branmuffin]

‘My Opinion Is Ahmaud Was Murdered’: Attorneys Struggling to Find Impartial Jurors In ‘Extremely Long’ Selection Process That Has Moved Into Second Week

Jury selection is taking longer than usual, legal experts said. More than 100 prospective jurors have been questioned in the case.

According to reports, many of those screened for the jury have already formed opinions, know at least one person in the case, or are afraid to be involved.

Defense attorneys say that by the end of the week they believe they’ll reach the 64 potential jurors needed. Greg McMichael to the right, Travis McMichael to the left.

Pate added that potential jurors are so familiar with the case because Arbery and the defendants lived in a small community of 16,000 people.

At least two dozen potential jurors have displayed negative feelings against the men on trial, CNN reported. According to reports, one person interviewed for the jury pool allegedly gave Arbery’s family a thumbs up.

One man who made it to the jury pool after questioning, a railroad worker, reminded the court that Arbery was unarmed when he was killed. He saw the video but told the court that he does not use a computer or social media.

“It was three persons who attacked one and no gun,” the railroad worker said. Still, he appeared impartial about the case’s outcome. He told the court: “There’s things that happened that we didn’t see and we don’t know.”

Personally, I think it's a big mistake to hold the trial in Brunswick. It's impossible to get truly impartial individuals regardless what they say. Based on the comments of prospective jurors: they went to school with AA, they know the DA, they are LE, they know relatives of the accused or the victim, etc. etc. etc. just illustrates how the lives of those who live here are intrinsically woven together so much so to create latent biases that will have a negative effect on the tenor of the trial. And I don't believe for a minute that eleven white jurors have less of a bias than the lone AA juror.

 

[mickey2942]

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

I don't believe that. I believe that people will listen thoughtfully to the evidence presented. I am disturbed by this case, because I wouldn't want vigilantes driving around my neighborhood deciding who belongs there.

It was as simple as a phone call to the police. And move on. The accused are not LEO. They don't have a right to stop someone or chase them.

The whole thing is sketchy to me. I don't know much about this case, but three men, with guns, against one guy?

It isn't about race. The whole thing is messed up.

 

[worm]

Maybe it’s all fine and legal, I don’t know, but all of the things that the attorney is narrating in the open sound like what regular citizens aren’t to do in pursuit of possible criminals. Running for guns and piling into a truck for chase isn’t normal, tho I wouldn’t be surprised if legal in the south.

 

[ilovewings]

I don't believe that. I believe that people will listen thoughtfully to the evidence presented. I am disturbed by this case, because I wouldn't want vigilantes driving around my neighborhood deciding who belongs there.

It was as simple as a phone call to the police. And move on. The accused are not LEO. They don't have a right to stop someone or chase them.

The whole thing is sketchy to me. I don't know much about this case, but three men, with guns, against one guy?

It isn't about race. The whole thing is messed up.

I respectfully disagree- if he was not black they would
never have chased him IMO

 

[Kristin Esq.]

I respectfully disagree- if he was not black they would
never have chased him IMO

And one of the HLN analysts said that Mr. Rubin was playing to a particular type of person with describing the neighborhood. What she wasn't saying was that they were playing to the white jurors. MOO

 

[mickey2942]

I respectfully disagree- if he was not black they would
never have chased him IMO

If we take race out of the entire situation, and look at the facts.

3 men chased down a guy
Got into an altercation with him
He is dead.

That is what I meant. Take race out of it. Look at the information.
They had no right to chase this guy. If they thought he was suspicious, call the police, move on.

That is why, I believe that a jury can listen to the information and be impartial. Otherwise, let's just give up our entire judicial process. Everyone obviously believes that the trial and outcome is a done deal.

They don't know anything about the jurors aside from their race, and they believe that the jury won't take their job seriously and base a decision on facts presented.

 

[branmuffin]

The attorney for one of the men charged with murder in the death of Ahmaud Arbery plans to file a motion saying that his defendant is not facing a jury of his peers.

Kevin Gough represents William 'Roddie' Bryan, the man accused of filming the pursuit and killing.

“It would appear that white males born in the South over 40 years old without a college degree... which he might also be known as Bubba or Joe Sixpack... seem to be significantly underrepresented," said Gough during jury selection Friday.
Lawyer: Amaud Arbery's accused killer not facing jury of peers | firstcoastnews.com

He's making a mockery of the court. He may as well add...'be known as Bubba who drives a pick up with a Confederate flag flying in the bed and truck nutz hanging off the trailer hitch'. Talk about a stereotype.

 

[Niner]

Well nothing from Cathy yet - so I'm off to bed... I'll catch her tweets & post them tomorrow morning while you all sleep!

 

[Kristin Esq.]

I have to step away as my 5 year old is home and we have to go out. I'll check back here later for more!

 

[ilovewings]

The defense attorneys should each start their opening statement with "once upon a time"
cause they are spinning a fairy tale--'

 

[worm]

I notice how they seem to keep making a point of how AA didn’t “belong” in this neighborhood because nobody knew him.

 

[Hope4More]

I don't believe that. I believe that people will listen thoughtfully to the evidence presented. I am disturbed by this case, because I wouldn't want vigilantes driving around my neighborhood deciding who belongs there.

It was as simple as a phone call to the police. And move on. The accused are not LEO. They don't have a right to stop someone or chase them.

The whole thing is sketchy to me. I don't know much about this case, but three men, with guns, against one guy?

It isn't about race. The whole thing is messed up.

Leaving the issue of race aside altogether (which imo won't be possible for the jury, or in reality).

The fact of GA's citizen's arrest law (and permissive gun laws) is what has always made a hung jury or outright acquittal most likely imo. All jurors really have to believe is:

1. the MMs had reason to worry about crime in their neighborhood.
2. The MMs (and jurors too) had reason believe AA shouldn't have been in E's house, repeatedly, at night.
3. The MMs recognized AA as the "intruder."
4. The MMs believed AA had stolen thousands of dollars worth of stuff from E's boat.
5. The MM's armed themselves because they believed AA might be armed.
6. Last, and crucially, that the MMs "just" wanted AA to stop running, AND that he would have if he had nothing to hide.

Roddy imo may have more difficulty with the jury.

 

[Cool Cats]

Personally, I think it's a big mistake to hold the trial in Brunswick. It's impossible to get truly impartial individuals regardless what they say. Based on the comments of prospective jurors: they went to school with AA, they know the DA, they are LE, they know relatives of the accused or the victim, etc. etc. etc. just illustrates how the lives of those who live here are intrinsically woven together so much so to create latent biases that will have a negative effect on the tenor of the trial. And I don't believe for a minute that eleven white jurors have less of a bias than the lone AA juror.

11 white only 1 AA? That is the jury? Wow.

 

[Hope4More]

I notice how they seem to keep making a point of how AA didn’t “belong” in this neighborhood because nobody knew him.

Loud voice: He didn't belong in the neighborhood!!
Unsaid: (left unsaid. ).
Verbal fig leaf: because nobody knew him.

 

[Cool Cats]

Leaving the issue of race aside altogether (which imo won't be possible for the jury, or in reality).

The fact of GA's citizen's arrest law (and permissive gun laws) is what has always made a hung jury or outright acquittal most likely imo. All jurors really have to believe is:

1. the MMs had reason to worry about crime in their neighborhood.
2. The MMs (and jurors too) had reason believe AA shouldn't have been in E's house, repeatedly, at night.
3. The MMs recognized AA as the "intruder."
4. The MMs believed AA had stolen thousands of dollars worth of stuff from E's boat.
5. The MM's armed themselves because they believed AA might be armed.
6. Last, and crucially, that the MMs "just" wanted AA to stop running, AND that he would have if he had nothing to hide.

Roddy imo may have more difficulty with the jury.

Why do you think Roddy may have more difficulty with the jury?

All he did is drive and video it. Is there any proof he did more?

He turned in the video which is why there were the arrests. If not for him nothing would have happened.

 

[AnnInOhio]

If we take race out of the entire situation, and look at the facts.

3 men chased down a guy
Got into an altercation with him
He is dead.

That is what I meant. Take race out of it. Look at the information.
They had no right to chase this guy. If they thought he was suspicious, call the police, move on.

That is why, I believe that a jury can listen to the information and be impartial. Otherwise, let's just give up our entire judicial process. Everyone obviously believes that the trial and outcome is a done deal.

They don't know anything about the jurors aside from their race, and they believe that the jury won't take their job seriously and base a decision on facts presented.

I'm suspecting the facts are going to be so overwhelming that this jury won't have any excuse to not not find them guilty, although ala "the planted glove" in OJ and "Grandpa hid the body" in Anthony, stranger things have happened.

 

[sds71]

Veronica Waters
@MissVWaters
Judge reminded people that there could be some graphic things here, specifically body cam, as Ofcr. Duggan prepares to testify. He asks if people think they'll have emotional response, step out. Doesn't want gallery to be distraction. Jury brought back. @wsbradio

Angenette Levy
@Angenette5 #AhmaudArbery's mother and attorney Lee Merritt stepped out of the courtroom
@LawCrimeNetwork

@HayleyMasonTV
Graphic body cam video may be shown during Officer Duggan's testimony. Judge asks anyone who may get emotional seeing it to step out. Mr. Arbery has moved into the hallway.