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

[ilovewings]

So happy Monday morning folks: Mr. Seacrest is not letting this attorney put words in his mouth (though the attorney tries mightily)!

 

[sds71]

@KaileyTracy

We start today with William Roddie Bryan's attorney, Kevin Gough, asking judge to ask the sheriff, bailiffs to identify and keep track of people in the gallery of courtroom. Comes after Gough's statements last week saying "we don't want any more Black pastors coming in here."

Gough said this morning "in my understanding in a case like this, that would be best practice," (to keep track of who comes into gallery). Judge says if someone is in gallery that's their right, he won't track who comes in and out, if disruptive he will address that

The Court has reconvened and the jury panel has been invited back into the courtroom. Today begins with Kevin Gough, attorney for William Bryan, cross examining GBI Agent Seacrist, who ended Friday on direct examination

Before Judge Walmsley greeted jurors, he denied Roddie Bryan atty Kevin Gough's question to reconsider mention of his client's polygraph exam; results have already been excluded.

 

[ilovewings]

@KaileyTracy

We start today with William Roddie Bryan's attorney, Kevin Gough, asking judge to ask the sheriff, bailiffs to identify and keep track of people in the gallery of courtroom. Comes after Gough's statements last week saying "we don't want any more Black pastors coming in here."

Gough said this morning "in my understanding in a case like this, that would be best practice," (to keep track of who comes into gallery). Judge says if someone is in gallery that's their right, he won't track who comes in and out, if disruptive he will address that

The Court has reconvened and the jury panel has been invited back into the courtroom. Today begins with Kevin Gough, attorney for William Bryan, cross examining GBI Agent Seacrist, who ended Friday on direct examination

Before Judge Walmsley greeted jurors, he denied Roddie Bryan atty Kevin Gough's question to reconsider mention of his client's polygraph exam; results have already been excluded.

The absolute unmitigated gall of Gough to suggest that the court should keep track of people who come into the gallery! what a putz! ugh

 

[Cryptic]

What about Roddie? He brandished a phone not a gun.

I thought him much less culpable but now am hearing how he may have bumped Ahmaud with his car and admitted he was chasing him and didn't even know if he should be chasing him.

I'm on the fence with his murder charge though. I wonder why he isn't being tried separately.

I am as well.

I dont think the State has evidence that Roddie pre coordinated with the McMichaels about participating in a "mission" if the victim returned to the neighborhood.

Likewise, Roddie did not shoot anyone that day. Nor does there seem to be evidence that Roddie encouraged Travis to confront A with a weapon. There is also no evidence that Roddie was armed that day.

At the same time, Roddie responded very fast to A's presence (was Roddie also in "Ready to Rock" mode?). He then repeatedly tried to corner the victim and continued the chase after seeing that Mc Michael sr was brandishing a weapon.

<modsnip - no link to an approved source>

 

[sds71]

@HayleyMasonTV
After questioning Agent Seacrist about the possible inaccuracy of William Bryan's memory, Kevin Gough says, "Whatever other people in this case may have done, Mr. Bryan came out there armed only with his cell phone." Seacrist responds, "And, his vehicle." Cross examination ends.

@Alex_Presha
The Rev Jesse Jackson arriving in Brunswick with #AhmaudArbery father after comments from defense attorney Kevin Gough last week about limiting courtroom access to Black pastors.

https://twitter.com/Alex_Presha/status/1460260283583287302?s=20’
https://twitter.com/HayleyMasonTV/status/1460263068852699141?s=20

 

[clearskies1]

I am as well.

I dont think the State has evidence that Roddie pre coordinated with the McMichaels about participating in a "mission" if the victim returned to the neighborhood.

Likewise, Roddie did not shoot anyone that day. Nor does there seem to be evidence that Roddie encouraged Travis to confront A with a weapon. There is also no evidence that Roddie was armed that day.

<modsnip - no link to an approved source>

The issue for Roddie Bryan is the felony murder charge -- the allegation that he participated in a felony (alleged false imprisonment; aggravated assault; attempted false imprisonment) that resulted in Mr. Arbery's death. Except for disproving the underlying felony charges, I don't think there are many defenses to a felony murder charge. JMO.

 

[tlcya]

[snipped by tlcya for focus]

@Alex_Presha
The Rev Jesse Jackson arriving in Brunswick with #AhmaudArbery father after comments from defense attorney Kevin Gough last week about limiting courtroom access to Black pastors.

https://twitter.com/Alex_Presha/status/1460260283583287302?s=20’

I find this hilarious after Gough's comments on Friday.

 

[tlcya]

court is back. The state is addressing the court. Next witnesses are lay witnesses. They aren't character witnesses but here to present facts about AA and his regular practice of jogging. Concerns about how defense will cross examine these witnesses. Doesn't want the defense to be allowed to add excluded evidence. Worried defense will try to elicit info from witnesses that goes to character or drug use or prior interactions with LE.

 

[Cryptic]

The issue for Roddie Bryan is the felony murder charge -- the allegation that he participated in a felony (alleged false imprisonment; aggravated assault; attempted false imprisonment) that resulted in Mr. Arbery's death. Except for disproving the underlying felony charges, I don't think there are many defenses to a felony murder charge. JMO.

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.

 

[tlcya]

judge to take all the arguments under advisement and consider his ruling. He will return when he has one.

 

[Niner]

for Monday, Nov. 15th:

Veronica Waters
@MissVWaters
·
1h
Good morning! Action is underway in the #AhmaudArvery shooting case. Before Judge Walmsley greeted jurors, he denied Roddie Bryan atty Kevin Gough's question to reconsider mention of his client's polygraph exam; results have already been excluded.



Gough also asked the Court to ask sheriffs keep track of who’s in the gallery “so we can preserve the record” of the individuals there whom jurors are able to see. Judge reiterates, it’s a public courtroom, & he’s not going to blanketly exclude people.

GBI ASAC Jason Seacrist's cross-exam continues, as does Kevin Gough's pattern of looking at the jury box for the first part of most every question. Those focus on drawing a picture that Roddie Bryan was "led" by Seacrist in the re-enactment of the #AhmaudArbery chase.



Gough asks Seacrist about Bryan security video showing he "walked" to get his keys and to his truck that day, not "ran." He asks whether Bryan was "reading lips" on Feb. 23. Did #AhmaudArbery make any arm-waving "help" gesture or other gestures when he passed his house?

Gough: What had Mr. Bryan done to convey to #AhmaudArbery any hostile intent? Seacrist: I'm not sure what you're asking. Gough: I'm trying to figure out who's jumping to assumptions here. It feels like it's Mr. Arbery assuming the worst about Mr. Bryan!

Gough: From when Mr. #AhmaudArbery comes to the front yard, crossing driveway, what's Bryan do/say to suggest to Arbery that he couldn't seek help? Seacrist: Bryan said he yelled to the truck, "Y'all need help?" That indicates he was not there to help Mr. Arbery.



Gough: Did Bryan ever tell you #AhmaudArbery asked him to call 911? Seacrist: No. Gough: Bryan wasn't in communication with anyone before shooting? He doesn't remember seeing Greg McMichael in back of truck? Said it took minutes for police to arrive when it was actually seconds?

Gough: Bryan told you he felt like he was out there alone with #AhmaudArbery? Seacrist: Yes, after he cuts him off, tries to block him in, he realizes he's with him by himself. Gough: He's cornering him by himself? Seacrist: Yes.

Gough: And after Bryan gets so many facts wrong, you're still surprised he struggles to remember details later? Seacrist: Didn't get facts wrong; his positions on the road, etc. Sometimes seeing traumatic events, people get tunnel vision, might miss certain details

Gough: And this was a traumatic event for Bryan? Seacrist: Yes. Gough: You can hear in his breathing the fear during this encounter? S: I don't recall. Gough: How many times have you listened to this video? S: More times than I'd like to remember.



Jurors appear attentive as Gough references the transcript of the video reenactment, shifting gazes from the transcript copies in their laps to Seacrist. Notable exception is a woman in the front row of jury box, whose gaze is fixed on Gough.

Gough: Bryan already had a weapon handy when #AhmaudArbery went past his house? A hammer on the front porch? But when he walks to truck he's not carrying any and leaves his rifle inside the house? Seacrist: Yes, inside back bedroom, a distance from where his keys were



Gough: Bryan doesn't own a handgun, right? Seacrist says that's what Bryan said. G: You can check registrations S: There's no registration for firearms in GA. You can check ATF for purchases. G: Did you? S: Typically u need gun & serial number--can't do just name.

Re-Direct: Prosecutor Larissa Ollivierre asks Seacrist if he used any of Roddie Bryan's fear for personal safety or media presence to force him to talk. He says no. Seacrist says GCPD interviews (at HQ & on scene) w/ Bryan took about 30 mins total



Seacrist's time with Bryan took ~5 hours. He compared how Bryan's statements to GCPD & to GBI matched up. Gough's re-cross focused on lengths of body cam videos/transcripts. Seacrist points out that's not all Bryan interview--it's chat w/other offcrs, etc

Gough: Roddie Bryan adamantly denied having a gun that day? Hard to hold a phone, and a gun, take a video while holding a steering wheel? Whatever others in this case may've done, Bryan came armed only with his cell phone? ASAC Seacrist: And his vehicle.

Rev. Jesse Jackson is in court today, walking in with #AhmaudArbery's father, Marcus, Sr., and sitting between him and Ahmaud's mother, Wanda Cooper-Jones. Leigh McMichael, Greg's wife and Travis's mother, is in the foreground.



ADA Dunikoski talked about a brief re: witnesses to show #AhmaudArbery was an avid runner. It's not for character evidence & not to "open the door" for defense. Defense attorney Sheffield said he thought the Court ruled Arbery's intent in the neighborhood was irrelevant

Defense atty F Hogue says they haven't argued that #AhmaudArbery walked into Satilla Shores, but that State intro'd video showing him walking into 220 Satilla. It's "logically true he could be both an avid runner/jogger but is doing it for other reasons besides health"

Hogue says there may be a different answer to the "why" of #AhmaudArbery being in that neighborhood on Feb. 23. Says defense ought to be able to offer alternative. Judge Walmsley went into another recess to review.




link: https://twitter.com/MissVWaters

 

[sds71]

@JoeHenke
Attorney Kevin Gough now objects to @RevJJackson
being in the courtroom. "I don't know who he is pastoring..." Gough said his presence could impact the jury. Asks who is next to attend, @ReverendWarnock ?
Said Jackson could watch from an overflow room.


@MissVWaters

Gough: "I would submit with all respect to the Rev. Jesse Jackson this is no different than bringing in police officers or armed prison guards in a small town where a young black man's been accused of assaulting an officer.


@newsworthy17
Judge Walmsley says, "Mr. Gough, at this point, I don't understand what you're trying to do. With all candor, I was not aware Rev. Jackson was in the courtroom until you stated your position. At this point, it's almost as if you're trying to continue this."
Walmsley reminds him that the court's position has not and will not change: It is a public court and they will not single out anyone out.


@newsworthy17

Gough notes that Rev. Jesse Jackson's mask is below his nose, but also says he's "not a big believer in masks." People in the gallery are saying he's aiming for a mistrial. Attorneys ask to approach the bench.


@HayleyMasonTV
·
After asking that Rev. Jesse Jackson leave the courtroom, and the judge denied the request, now attorney Kevin Gough is arguing that Jesse Jackson's mask is below his nose. (Note: Several people haven't worn masks at all in the gallery).


Gough must have watched To Kill a Mockingbird last night
moo

 

[Hope4More]

Gough went there AGAIN. Unreal. Dang this judge epitomizes judicial restraint.

 

[Hope4More]

for Monday, Nov. 15th:

Veronica Waters
@MissVWaters
·
1h
Good morning! Action is underway in the #AhmaudArvery shooting case. Before Judge Walmsley greeted jurors, he denied Roddie Bryan atty Kevin Gough's question to reconsider mention of his client's polygraph exam; results have already been excluded.

View attachment 322157

Gough also asked the Court to ask sheriffs keep track of who’s in the gallery “so we can preserve the record” of the individuals there whom jurors are able to see. Judge reiterates, it’s a public courtroom, & he’s not going to blanketly exclude people.

GBI ASAC Jason Seacrist's cross-exam continues, as does Kevin Gough's pattern of looking at the jury box for the first part of most every question. Those focus on drawing a picture that Roddie Bryan was "led" by Seacrist in the re-enactment of the #AhmaudArbery chase.

View attachment 322158

Gough asks Seacrist about Bryan security video showing he "walked" to get his keys and to his truck that day, not "ran." He asks whether Bryan was "reading lips" on Feb. 23. Did #AhmaudArbery make any arm-waving "help" gesture or other gestures when he passed his house?

Gough: What had Mr. Bryan done to convey to #AhmaudArbery any hostile intent? Seacrist: I'm not sure what you're asking. Gough: I'm trying to figure out who's jumping to assumptions here. It feels like it's Mr. Arbery assuming the worst about Mr. Bryan!

Gough: From when Mr. #AhmaudArbery comes to the front yard, crossing driveway, what's Bryan do/say to suggest to Arbery that he couldn't seek help? Seacrist: Bryan said he yelled to the truck, "Y'all need help?" That indicates he was not there to help Mr. Arbery.

View attachment 322160

Gough: Did Bryan ever tell you #AhmaudArbery asked him to call 911? Seacrist: No. Gough: Bryan wasn't in communication with anyone before shooting? He doesn't remember seeing Greg McMichael in back of truck? Said it took minutes for police to arrive when it was actually seconds?

Gough: Bryan told you he felt like he was out there alone with #AhmaudArbery? Seacrist: Yes, after he cuts him off, tries to block him in, he realizes he's with him by himself. Gough: He's cornering him by himself? Seacrist: Yes.

Gough: And after Bryan gets so many facts wrong, you're still surprised he struggles to remember details later? Seacrist: Didn't get facts wrong; his positions on the road, etc. Sometimes seeing traumatic events, people get tunnel vision, might miss certain details

Gough: And this was a traumatic event for Bryan? Seacrist: Yes. Gough: You can hear in his breathing the fear during this encounter? S: I don't recall. Gough: How many times have you listened to this video? S: More times than I'd like to remember.

View attachment 322161

Jurors appear attentive as Gough references the transcript of the video reenactment, shifting gazes from the transcript copies in their laps to Seacrist. Notable exception is a woman in the front row of jury box, whose gaze is fixed on Gough.

Gough: Bryan already had a weapon handy when #AhmaudArbery went past his house? A hammer on the front porch? But when he walks to truck he's not carrying any and leaves his rifle inside the house? Seacrist: Yes, inside back bedroom, a distance from where his keys were

View attachment 322162

Gough: Bryan doesn't own a handgun, right? Seacrist says that's what Bryan said. G: You can check registrations S: There's no registration for firearms in GA. You can check ATF for purchases. G: Did you? S: Typically u need gun & serial number--can't do just name.

Re-Direct: Prosecutor Larissa Ollivierre asks Seacrist if he used any of Roddie Bryan's fear for personal safety or media presence to force him to talk. He says no. Seacrist says GCPD interviews (at HQ & on scene) w/ Bryan took about 30 mins total

View attachment 322163

Seacrist's time with Bryan took ~5 hours. He compared how Bryan's statements to GCPD & to GBI matched up. Gough's re-cross focused on lengths of body cam videos/transcripts. Seacrist points out that's not all Bryan interview--it's chat w/other offcrs, etc

Gough: Roddie Bryan adamantly denied having a gun that day? Hard to hold a phone, and a gun, take a video while holding a steering wheel? Whatever others in this case may've done, Bryan came armed only with his cell phone? ASAC Seacrist: And his vehicle.

Rev. Jesse Jackson is in court today, walking in with #AhmaudArbery's father, Marcus, Sr., and sitting between him and Ahmaud's mother, Wanda Cooper-Jones. Leigh McMichael, Greg's wife and Travis's mother, is in the foreground.

View attachment 322164

ADA Dunikoski talked about a brief re: witnesses to show #AhmaudArbery was an avid runner. It's not for character evidence & not to "open the door" for defense. Defense attorney Sheffield said he thought the Court ruled Arbery's intent in the neighborhood was irrelevant

Defense atty F Hogue says they haven't argued that #AhmaudArbery walked into Satilla Shores, but that State intro'd video showing him walking into 220 Satilla. It's "logically true he could be both an avid runner/jogger but is doing it for other reasons besides health"

Hogue says there may be a different answer to the "why" of #AhmaudArbery being in that neighborhood on Feb. 23. Says defense ought to be able to offer alternative. Judge Walmsley went into another recess to review.

View attachment 322165


link: https://twitter.com/MissVWaters

I think the judge saved the State from heading into really dangerous territory, for not a good enough reason for going there. The same jurors who might believe AA didn't belong in the SS neighborhood aren't going to have their minds changed by witnesses who say AA regularly jogged in & around his own neighborhood..

 

[Jax49]

Monday, Nov. 15:

11:06 a.m.: Gough objects to The Rev. Jesse Jackson in courtroom. Gough says seats in courtroom are "not like courtside seats at a Lakers game." Gough says Jackson is "prominent icon in Civil Rights era" and could influence jurors.

Day 7 of testimony in death of Ahmaud Arbery trial | firstcoastnews.com

11:07 a.m.: JUDGE: “At this point, it’s almost like you’re trying to continue this for purposes other than bringing it to the court’s attention… I’m done talking about it Mr. Gough”

 

[sds71]

Gough went there AGAIN. Unreal. Dang this judge epitomizes judicial restraint.

@iMajorWish
Once the jury leaves the courtroom, Kevin Gough raised an objection that
@RevJJackson’s “mask is below his nose.”

 

[Niner]

Veronica Waters
@MissVWaters
·
25m
Judge Walmsley back; asks State whether witnesses will say #AhmaudArbery was a runner or that he was a runner in the Satilla Shores area. Larissa Ollivierre says Ms. Flowers will testify she'd see him running near his home & near area around Satilla day & night

Ollivierre names two more witnesses who can testify to #AhmaudArbery's running both in locales and days and nights. Judge notes at this point in evidence Ms. Parr and Mr. Albenze were asked by defense if they'd seen Arbery running there.



Judge: My concern is that none of these witnesses are rebutting any evidence brought out by defense & if evidence would require making a logical leap of why #AhmaudArbery was in the neighborhood at the time...depending on wording it may open the door to the "why"



...if this is done in the State's case-in-chief. So State, saying that it anticipated that could be the ruling, is going to go only with Ms. Flowers for now and they're in another 5-minute recess to prep

Back from recess: Roddie Bryan's atty Kevin Gough objects to Rev. Jesse Jackson being in the courtroom. "How many pastors does the #AhmaudArbery family have? I don't know who Rev. Jackson's pastoring here. My understanding, I was given names, they have local pastors"



"They also have lawyers...to comfort them. Ms. Cooper has been amply comforted by her legal counsel. We're concerned about conscious or unconscious impact of their presence on the jury. Which pastor is next? Is Raphael Warnock going to be the next?



Gough: "I would submit with all respect to the Rev. Jesse Jackson this is no different than bringing in police officers or armed prison guards in a small town where a young black man's been accused of assaulting an officer.



Gough: The #AhmaudArbery family is giving up seats so these gentlemen can be present. The seats in the courtroom gallery are not like courtside seats at a Lakers game. There is no reason for these prominent icons in the civil rights movement to be here."

Gough: A juror is going to be influenced by their presence and I took pictures last week; most of them have an unobstructed view of the gallery. We're concerned about our clients' right to a fair trial.

Gough: We ask the Rev Jackson observe the stream from jury assembly room--not here where he can interact w/jurors. Judge Walmsley: Mr. Gough, at this point I'm not exactly sure what you're doing. I've already ruled on this Court's position.

Judge Walmsley: With all candor, I was not aware Rev. Jackson was here until your motion. At this point it's almost as if you're trying to continue this for purposes other than bringing it to Court's attention and I find that objectionable.



Judge: I've said over and over and over I'm attempting to make sure the defendants receive a fair trial and I will continue to do that. I've heard the objection; I've ruled previously and that is unchanged.

link: https://twitter.com/MissVWaters

 

[joe jones]

The issue for Roddie Bryan is the felony murder charge -- the allegation that he participated in a felony (alleged false imprisonment; aggravated assault; attempted false imprisonment) that resulted in Mr. Arbery's death. Except for disproving the underlying felony charges, I don't think there are many defenses to a felony murder charge. JMO.

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,

 

[Hope4More]

Hope judge is considering sanctioning Gough if he keeps going there. Because he keeps going there, even after the judge tells him I'VE MADE MY RULING.

 

[sds71]

@newsworthy17

Gough is now filing a motion for a mistrial "based on the people in the gallery" and "atmosphere of trial inside and outside the courtroom have denied Bryan a right to a fair trial."

Gough continues and say there is "organized behavior outside the courthouse" and likens demonstrators to mob behavior while mentioning the fear of jurors during the selection process.

All defense attorneys joining in motion to declare a mistrial


@HayleyMasonTV
·
Gough moving for a mistrial citing pastors in the court and Arbery's mother crying in court. "We have all these community leaders fearful they are going to burn the whole city down." Now Jason Sheffield is joining the motion because jurors looked over and displayed sympathy.

@DanaeBucci

Gregory McMichael attorney Franklin Hogue is now filing for a mistrial and change of venue. Gough is also requesting a mistrial. This is the third motion for a mistrial in the case

The State is now saying the jury was properly instructed to leave the courtroom immediately when there was a possible potential of prejudice from the “minor weeping” and asks the court to deny the motion for a mistrial.
Prosecution wants it on record that no one shouted or fell out hysterically. She also sites previous rulings for basis for not moving forward with a mistrial
@HayleyMasonTV
·
Judge calls Gough's statements "reprehensible." He says Gough's Colonel Sanders statements influenced what's happening now and he says attorneys' words have impact on what is happening outside courthouse. Judge Walmsley again says he will not grant a mistrial

JUDGE: said watching very carefully any outbursts, distractions. Judge says Gough's comments last week may have prompted Jackson + others to come here, notes Sheffield told media "come one come all" in response to Gough's statements, judge said he's trying to balance all of this


@MissVWaters

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