GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #4

[tlcya]

Ann Kisler Rowe (sp?) up next. She works in the crime lab. She is micro analyst. Looking at trace evidence and fibers.

 

[clearskies1]

Does the jury have discretion to find R guilty of aggravated assault etc- but then find that he was not party to / guilty of felony murder?

Or, does Georgia law state that finding R guilty of the underlying felonies automatically results in a murder conviction?

You seem to be stating that there is no discretion. If that is the case, I would find R guilty of murder as he is clearly guilty of the underlying felonies and there would then be no choice regarding the murder charge.

I don't have time to check right now on all possible defenses, but my understanding is that if the underlying felony is a "but for" cause of the death (e.g, but for the aggravated assault the person would not have died), then a felony murder conviction is automatic. Perhaps the defendant's level of participation can be taken into account in assessing the penalty/sentence. JMO.

 

[Cryptic]

I don't have time to check right now on all possible defenses, but my understanding is that if the underlying felony is a "but for" cause of the death (e.g, but for the aggravated assault the person would not have died), then a felony murder conviction is automatic.

Perhaps the defendant's level of participation can be taken into account in assessing the penalty/sentence. JMO.

That makes sense.

I know that "party to", or in this case perhaps "but for" provisions can be viewed as harsh as it is possible to receive murder convictions in some States when ones role was limited to say, serving as the get away driver.

As for the possibility of a reduced sentence in a murder conviction, I would support such a reduced sentence for Roddie. I just cant make up my mind how much a sentence should be reduced:

No evidence of prior coordination with the McMichaels, no evidence of being armed, did not pull the trigger etc - vs - Joining the chase very quickly and very aggressively, then continuing it after seeing McMichael sr brandishing a weapon.

In short, is Roddie a not very sophisticated "Aw shucks- thought McMichael was acting as a police officer, tried to do good" type person? Or , is he a willful participant in a vigilante confrontation resulting in death? Today, he is presenting evidence to show that he most likely does not even own a handgun.

The totality could go either way regarding his motivations.

 

[tlcya]

testimony so far today has been very technical regarding fibers and fingerprints from experts for the state.

 

[sds71]

@WJXTJenese
·
McMichael/Bryan Murder Trial for Ahmaud Arbery's Death: The video of the incident between Travis McMichael and Ahmaud Arbery is now being played frame by frame.

@newsworthy17
·
We're seeing fuller footage of #AhmaudArbery running through the neighborhood. People in the overflow gallery are visibly shaken. The footage show Greg McMichael on the back of the truck aiming his gun at Arbery as he weaves to get away from the truck.
Footage also shows Travis McMichael firing the fatal shots into Arbery; the GBI agent remains composed, but has a somber look.

Kelly reviewed footage to see if #AhmaudArbery was holding a stick; defense objects to Kelly being an expert to tell if Arbery had something. Walmsley overruled it. Kelly: "It doesn't appear that there is anything in Mr. Arbery's hand while he is running."

There were tips in this case, says Agent Kelly. They attempted to see if #AhmaudArbery was running with a stick or a hammer. Reviewed roughly 2,000 still frames. Defense objects to Kelly speaking on what he sees. State says Kelly was tasked with dispelling a rumor.

ADA Dunikoski clicks through frame after frame of the #AhmaudArbery chase and shooting video—1,095 stills of the homicide.
@wsbradio
https://twitter.com/MissVWaters/status/1460327088557379590?s=20

@newsworthy17

Gough interrupts testimony to ask how much longer because he needs a bathroom break. Prosecution said they had only five more questions.

15 minute recess for Gough's potty break.
Video from one of Roddie Bryan's home security cameras. You can see #AhmaudArbery run by, and Bryan's truck pull out.
https://twitter.com/MissVWaters/status/1460334518473306124?s=20
@wsbradio

 

[Niner]

Sorry - late getting back - hopefully no one has posted this already - I'm breaking it up in 2 posts - too many pictures.

Veronica Waters
@MissVWaters
·
3h
Gough: Not questioning ruling, but-- Judge: I'm done talking about it. I understand your position & if it's simply to point out someone's in the gallery, it's done. G: Am I to understand I'm not to do that again?

Judge Walmsley: The Court's position remains and unless anyone is a disruption or providing a distraction, will not single out any individual or group as not being allowed as a member of the public. I think I've been clear; we do not need to discuss it any further.



State called Carol Flowers to the stand. #AhmaudArbery, whom she calls "Quez," was her next-door neighbor. She IDed his photo & appeared to be getting emotional when asked if she remembers the day he died. She said Yes. Defense asked for brief recess before questioning



Judge called recess b/c he said there was some commotion in back which he wanted to calm before cross. Gough notes Rev Jackson's mask was below his nose. "I'm not a big fan of masks but we make that part of the record. Court can see what I'm talking about"



Laura Hogue wants a bench conference. Judge says No, we're making a public record. I called for recess b/c I heard weeping in the back. Order is back now. LH says for the record, I note that a number of jurors were looking back.



Hogue: We're advocates for our clients but also human. My only purpose is a fair murder trial for Greg McMichael. When jurors hear weeping w/irrelevant evidence & see comforting by a person for whom respect abounds, we're in a difficult position



Hogue: For the jury to have seen, heard, felt that and think about decisions, as beautiful as that photo is it bears no relevance to any issue in the case. I saw jurors back at the weeping and then looking at me.

Bob Rubin: Your Honor was aware of emotion & what role it plays. It's becoming less & less about evidence & more about emotions w/these kinds of outbursts and these kinds of photographs--eight years old and no real resemblance to the person we saw Feb 2020



Judge: I heard weeping, not outburst. But I will point out what's beginning to happen. I don't understand why this motion keeps getting made. On the flip side I've seen in media other counsel saying Everybody is welcome. There's an odd thing I'm watching.



Judge: Other evidence comes in and I've got issues getting conflated. It is an emotional trial. That is not unique when it comes to murder trials which is why the Court prefaces things with "I don't want outbursts from gallery."

Travis McMichael attorney Jason Sheffield showed Flowers more recent #AhmaudArbery photos. She said yes, she recognizes him. That was all of the cross-examination

Anne Kisler-Rao works for the GBI's State Crime Lab in the trace evidence section. They analyze often-microscopic evidence. She's a microanalyst.



The Judge also denied Gough's motion for a mistrial as Gough contended that the atmosphere inside and out of court hurts Bryan's chances of a fair trial.

Outside the Glynn County courthouse, Rev. Jesse Jackson says the defense attacking his & Rev. Sharpton's presences is a diversion: "Three men killed an innocent, unarmed boy. They have a weak case. They want a mistrial."



Rev. Jackson says the #AhmaudArbery shooting case burden "is not just black & white but wrong & right. Does this community we're in today want to be the sanctuary for killers?" He calls it "a bit absurd" to think their presence influences jurors 2 vote 1 way or another

Rev. Jackson says there's a new Georgia, a new America. The South is growing up. That's why GA went to Joe Biden last time, contrary to Trump's opinion. "They're afraid of the decency factor rising up."

Rev. Jackson was asked, After Kevin Gough misidentified you last week and then asked for mistrial because you were actually here today, what was your reaction? "I've been called other names other than Jesse Jackson," he replies, drawing laughter

Rev Jackson says, They honor me by making my name famous. The reality is it's just a diversion. I'm a good citizen with a constitutional right and a moral obligation. Says he expects to continue being in court w/#AhmaudArbery's family: We're not going to turn this loose

Rev Jackson says #AhmaudArbery case is one that kind of represents the kind of Emmett Till of our day. "In some ways it's so blatant, so open. Anybody could've been jogging--it could've been you. There was no misbehavior, drunkenness...a heinous crime against humanity"

Rev. Jackson was asked, what he says to Wanda Cooper-Jones to comfort her. He says he reminded #AhmaudArbery's mom, We couldn't stop the crucifixion; they couldn't stop the resurrection. The fact is, innocent people are killed. There's power in the blood of innocence.

link: https://twitter.com/MissVWaters

 

[Niner]

Veronica Waters
@MissVWaters
·
Jesse Worley, a latent print examiner for the GBI, is on the stand.



Latent prints are typically those which may not be visible right away when a piece of evidence is discovered, and often need something to make them visible.

Worley analyzed a #AhmaudArbery palm print on the section called the "writer's palm," the outer edge so named because it's the part that rests when someone is writing. Looked like it might've been wet.



Worley explained the science that tells analysts tell that there was moisture--the powder adheres differently but doesn't affect evaluation. Her findings are then reviewed and verified by a 2nd examiner, which was done here.

Travis McMichael attorney asks Worley if she knows where on Roddie Bryan's truck the latent palm print was from; she doesn't. A detailed fingerprint--she doesn't know what finger. Another print--not enough detail to tell much of anything

Sheffield asks if there is enough detail to know if a certain print here came from a finger. She says there are indicators but there's not enough quantity and quality detail to match it to a finger.

GBI Special Agent Lawrence Kelly takes the stand in the #AhmaudArbery shooting case.



Kelly sent for analysis the 1:43-long video of the homicide of #AhmaudArbery, and the shortened version that was created about 30-some minutes later. Also some security videos, several from Feb. 23

Kelly then received the enhanced videos. Shadows lightened, video stabilized to keep major part in focus, frame-by-frame still frames, slowed. State plays these videos, without sound.

The first #AhmaudArbery video, without sound. Agent Kelly says the videos also had their sound enhanced.

https://twitter.com/i/status/1460322506049523717

There were tips in this case, says Agent Kelly. They attempted to see if #AhmaudArbery was running with a stick or a hammer. Reviewed roughly 2,000 still frames. Defense objects to Kelly speaking on what he sees. State says Kelly was tasked with dispelling a rumor.

Defense objected again, saying it was testifying. Judge overrules. Kelly says "It doesn't appear there's anything in Mr. #AhmaudArbery's hand at any point while he's running."

ADA Dunikoski clicks through frame after frame of the #AhmaudArbery chase and shooting video—1,095 stills of the homicide.

https://twitter.com/i/status/1460327088557379590

Kelly describes cell phone data extraction; also talks about motion-activated Night Owl cams at Roddie Bryan's house. State's playing those videos, noting times of day on them. We see Bryan working on his porch, then something apparently catches his eye.



Video from one of Roddie Bryan's home security cameras. You can see #AhmaudArbery run by, and Bryan's truck pull out.

link: https://twitter.com/MissVWaters

 

[Niner]

I will post the rest of the tweets in the morning! Good night all!

 

[Cryptic]

testimony so far today has been very technical regarding fibers and fingerprints from experts for the state.

Thanks for the correction.

I believe Roddies attorney provided evidence from official records indicating that Roddie has never purchased a handgun (at least not from somebody selling as an FFL holder).

A significant majority, but by no means all, fire arms purchases are done through FFLs. Purchases done through FFLs can be tracked. Purchases done through a 'private seller' cannot.

Perhaps this evidence was presented on a previous day?

 

[sds71]

@HayleyMasonTV

This is the 12 Gauge Remington Shotgun Travis McMichael used in killing Ahmaud Arbery. The shell casings are from test fires the investigator made during follow-up investigation using the remaining cartridges that McMichael didn't use in the shooting.
Showing the hole in Arbery's shirt: "The end of the shot gun was very close to that fabric when it was fired. That’s evidence by looking at the large hole there," the investigator says. He says the hole in Arbery’s shirt was "4 to 5 inches across."

@MissVWaters
Judge called lawyers up for a quick sidebar, and then let the jury go home for the day. He says court resumes in the #AhmaudArbery shooting case at 9AM Tuesday. As the judge does his round-robin to see if lawyers have anything before we break, Bryan atty Kevin Gough said "For the record I'd hoped to hear something back from the Court after the remarks this morning." Judge Walmsley says I'm confused--what are you waiting for? Gough: I was mistaken. I have nothing else today


Ahmaud Arbery trial: Defense fails to remove Jesse Jackson from court

 

[tlcya]

Thanks for the correction.

I believe Roddies attorney provided evidence from official records indicating that Roddie has never purchased a handgun (at least not from somebody selling as an FFL holder).

A significant majority, but by no means all, fire arms purchases are done through FFLs. Purchases done through FFLs can be tracked.

Perhaps this evidence was presented on a previous day?

NO correction intended. Just personally bored with today's testimony. first thing this morning was the Fingerprint and fiber expert, then came Agent Kelly about the video stills and how in his opinion there was nothing in AA's hands while he ran for his life. (this bit was to dispel rumors that he went after TM with a hammer EYEROLL). Then came Lepperd (sp?) who was the firearms expert. Just a lot of very technical stuff that was hard to follow with only half an ear because I am at work.

I may try to watch it later tonight when I can focus betters.

 

[Hope4More]

except for proving there was not a murder, in this case defence is either self defence or attempted citizens arrest resulting in self defence, so if defence prove no murder the underlying felonies can never rise to felony murder as their was no murder,

NO correction intended. Just personally bored with today's testimony. first thing this morning was the Fingerprint and fiber expert, then came Agent Kelly about the video stills and how in his opinion there was nothing in AA's hands while he ran for his life. (this bit was to dispel rumors that he went after TM with a hammer EYEROLL). Then came Lepperd (sp?) who was the firearms expert. Just a lot of very technical stuff that was hard to follow with only half an ear because I am at work.

I may try to watch it later tonight when I can focus betters.

Fwiw: listening with both whole ears didn't make the testimony today any less dry or frankly boring.

(With one exception: the latent fingerprint lady's testimony that AA didn't leave a full hand print on Roddy's truck, rather a side of his hand print instead. Meaning, imo, AA didn't put his hand on R's door intentionally, much less as an act of aggression. His hand must have been raised when Roddy hit him with the truck or came with touching distance, at an angle.

 

[Cool Cats]

• Defense lawyers in the Ahmaud Arbery murder trial called for a mistrial because Arbery's mother cried in court
• Defense calls for mistrial after Rev. Jesse Jackson joins Arbery’s family in courtroom

Dramatic courtroom maneuvering over the presence of Rev. Jesse Jackson and Ahmaud Arbery's mother weeping in the gallery at one point, which led to a motion for mistrial, highlighted the proceedings in the trial of Arbery's killing Monday morning.

Ahmaud Arbery's mother Wanda Cooper reacts next to her attorney Lee Merritt during the trial.

Lawyers for William Bryan, Travis McMichael, and Greg McMichael — the trio accused of fatally shooting Ahmaud Arbery in Georgia last year — called for a mistrial on Monday, arguing that jurors could be swayed because Arbery's mother cried in court.

Judge Timothy Walmsley had adjourned the case after he heard "weeping in the back" during a witness' testimony.

But before the case could resume, defense attorney Kevin Gough called for a mistrial.

Defense lawyer Robert Rubin joined the motion, saying he noticed "several jurors" saw Arbery's mom sob. Rubin claimed the jurors expressed "sympathy."

"These types of moments ... favor the state," he said.

Franklin Hogue, a defense attorney for Greg McMichael, also backed the motion.

• Lead prosecutor Linda Dunikoski argued the noise was minor weeping, and that the court had the jury step out as soon as it happened. “It wasn’t somebody shouting, it wasn’t somebody as they say falling out hysterical. Nothing along those lines at all. So we ask that you deny the motion for mistrial on that basis,” said Dunikoski.
• The judge denied the request, saying he needed to keep "balance" in the court.

 

[ilovewings]

The idiotic defense attorney is bringing attention to a situation that would not garner any attention at all- "black pastors in the courtrom"- GASP!!! - They are angling desperately for a mistrial cause they know their clients are toast!!! they make me sick with their shenanigans---

 

[ilovewings]

I watched Rittenhouse Closing Arguments which I am sure was more interesting than than the dry testimony in the Arbery trial. I guess the medical examiner will testify tomorrow. That should be more interesting.

 

[Cool Cats]

The idiotic defense attorney is bringing attention to a situation that would not garner any attention at all- "black pastors in the courtrom"- GASP!!! - They are angling desperately for a mistrial cause they know their clients are toast!!! they make me sick with their shenanigans---

A mistrial just prolongs the obvious and gives them alot more hours to bill.

The Case would be retried.

Say it was retried, what would they do? Not allow more than 1 black pastor and Aubrey's mom because she might cry?

Ban groups from forming outside the courthouse?

Attorney for man charged with killing Ahmaud Arbery asks to keep`Black pastors’ out of court

 

[Cryptic]

The idiotic defense attorney is bringing attention to a situation that would not garner any attention at all- "black pastors in the courtrom"- GASP!!! - They are angling desperately for a mistrial cause they know their clients are toast!!! they make me sick with their shenanigans---

I am also angry. In the end, however, I dont think their shenanigans are entirely mean spirited.

Rather, I think some come from "B"- or "C" team defense attorneys in over their heads against a team of All Star prosecutors. Desperate people then start to "grasp at straws".

I watched Rittenhouse Closing Arguments which I am sure was more interesting than than the dry testimony in the Arbery trial. I guess the medical examiner will testify tomorrow. That should be more interesting.

My guess is that the prosecutors are going to be disappointed.

Even their "We charged him with two counts of Murder1- but.... now we"ll accept a conviction for Causing a Public Disturbance" request to the judge seems to indicate a sinking ship.

As with the above, I think part of their predicament is that they are "Ordinary Joe" prosecutors going up against an All Star defense attorney (defendant used donations to higher a highly skilled, high dollar team).

In the end, superior talent seems capable of making a big difference, whether it is for the defense or the prosecution.

 

[ilovewings]

I am also angry. In the end, however, I dont think their shenanigans are entirely mean spirited.

Rather, I think some come from "B"- or "C" team defense attorneys in over their heads against a team of All Star prosecutors. Desperate people then start to "grasp at straws".


My guess is that the prosecutors are going to be disappointed.

Even their "We charged him with two counts of Murder1- but.... now we"ll accept a conviction for Causing a Public Disturbance" request to the judge seems to indicate a sinking ship.

As with the above, I think part of their predicament is that they are "Ordinary Joe" prosecutors going up against an All Star defense attorney (defendant used donations to higher a highly skilled, high dollar team).

In the end, superior talent seems capable of making a big difference, whether it is for the defense or the prosecution.

Acquittal is a possibility

 

[californiagem]

Thanks to all again, for post tweets, pics and updates. Justice For Ahmaud.

 

[SharonNeedles]

In the end, superior talent seems capable of making a big difference, whether it is for the defense or the prosecution.

Having the evidence on your side makes a big difference too.