GUILTY GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #5

[sds71]

@KaileyTracy
·

BREAKING: defense attorney Bob Rubin files motion for mistrial based, saying prosecution misstated law regarding citizen's
The team for Kevin Gough joined.

Judge denies motion for mistrial

 

[MrsWatson]

I figured "long dirty toenails" must come from somewhere. It's almost verbatim from the autopsy report. (I'm sure many others have noted this.) I haven't been following the trial so it changed my impression of Arbery from a jogger to someone who was running at a jog. And the phrase conjures up...something wrong. Apparently Arbery had serious mental illness. I don't think this was allowed to be mentioned at trial.

And how did the three defendants know Mr Aubery had any sort of mental illness or long, dirty toenails, and how does that justify hunting him down, hemming him in with a vehicle and killing him?

 

[ilovewings]

The defense attorneys planned this (motion for mistrial)-- IMO- they are desperate and they wanted to interrupt the flow of her rebuttal because it is going so well. they want to rattle her to get her of her game- they will not be successful. they are so despicable I can hardly stand it.

 

[Cryptic]

Where you hear it screaming “not a jogger,” I just see a guy making due with what he has. I ran for years in denim shorts because that is what I owned, and I didn’t have the money for shorts just for running. Not everyone is so privileged.

Though I see your point....

Ironically, he could have been wearing denim shorts or the ultimate Nike shorts. Likewise, he could be an avid jogger or had quit running day after his football game.

The core elements remain the same:

- The victim did not have a demonstrated criminal intent when he jogged, walked, or say skipped into that neighborhood.

- It is likely that the victim did not trespass under Georgia law when he entered the unfinished home.

- He did not take anything from the home, did not vandalize it etc. Rather, he satisfied an idle curiosity- as did a white couple.

- He was then chased repeatedly with weapons by people who had not been placed in charge of the property by the owner- and thus could not determine who had, or had not trespassed.

- The perpetrators then attempted an illegal citizens arrest using disproportionate force for a crime that the victim likely did not commit.

 

[Smkd]

The defense attorneys planned this (motion for mistrial)-- IMO- they are desperate and they wanted to interrupt the flow of her rebuttal because it is going so well. they want to rattle her to get her of her game- they will not be successful. they are so despicable I can hardly stand it.

I mean, that’s rich considering that Sheffield had a whole bit during his closing saying “prosecution told you a citizens arrest has to happen immediately after the crime, but what’s more immediate than the 11th??”

Give me a break

 

[Kristin Esq.]

The defense attorneys planned this (motion for mistrial)-- IMO- they are desperate and they wanted to interrupt the flow of her rebuttal because it is going so well. they want to rattle her to get her of her game- they will not be successful. they are so despicable I can hardly stand it.

Even the judge is annoyed with this.

 

[Hope4More]

The defense attorneys planned this (motion for mistrial)-- IMO- they are desperate and they wanted to interrupt the flow of her rebuttal because it is going so well. they want to rattle her to get her of her game- they will not be successful. they are so despicable I can hardly stand it.

Yep. Even throwing her off further by a bathroom break delay?!

 

[clearskies1]

Re-posting this because they are arguing about it now during the State's closing rebuttal argument. This was the judge's ruling on Friday.

 

[JaxFlaGal]

Though I see your point....

Ironically, he could have been wearing denim shorts or the ultimate Nike shorts. Likewise, he could be an avid jogger or had quit running day after his football game.

The core elements remain the same:

- The victim did not have a demonstrated criminal intent when he jogged, walked, or say skipped into that neighborhood.

- It is likely that the victim did not trespass under Georgia law when he entered the unfinished home.

- He did not take anything from the home, did not vandalize it etc. Rather, he satisfied an idle curiosity- as did a white couple.

- He was then chased repeatedly with weapons by people who had not been placed in charge of the property by the owner- and thus could not determine who had, or had not trespassed.

- The perpetrators then attempted an illegal citizens arrest using disproportionate force for a crime that the victim likely did not commit.

Excellent summary, Cryptic. Thank you.

 

[Hope4More]

Honestly I’m very, very skeptical of his diagnosis. He was diagnosed with schizoaffective disorder in a two hour assessment with a mental health nurse Judge says he wants to review Ahmaud Arbery's mental health records

First, I’m surprised a nurse can diagnose something like this in two hours. When I was in the process of getting a diagnosis for ADHD the nurse just triaged me with questionnaires, and the actual diagnosis took multiple sessions with a psychiatrist.

Schizoaffective disorder is such a complex diagnosis that I don’t understand how could it be determined in a single session.

And considering that medical racism is alive and well, and African Americans get overdiagnosed with schizophrenia to this day, I would consider that diagnosis iffy at best.

This same good judge agreed with you about that diagnosis, on the record. In part because it was based on a single test given by someone unqualified in virtually any court-ready scenario to administer it (familiar to anyone who has listened to days worth of psych experts at trial). Even if AA's irrelevant MH status had been allowed in, that test almost certainly wouldn't have been admissable.

 

[Hope4More]

Honestly I’m very, very skeptical of his diagnosis. He was diagnosed with schizoaffective disorder in a two hour assessment with a mental health nurse Judge says he wants to review Ahmaud Arbery's mental health records

First, I’m surprised a nurse can diagnose something like this in two hours. When I was in the process of getting a diagnosis for ADHD the nurse just triaged me with questionnaires, and the actual diagnosis took multiple sessions with a psychiatrist.

Schizoaffective disorder is such a complex diagnosis that I don’t understand how could it be determined in a single session.

And considering that medical racism is alive and well, and African Americans get overdiagnosed with schizophrenia to this day, I would consider that diagnosis iffy at best.

This same good judge agreed with you about that diagnosis, on the record. In part because it was based on a single test given by someone unqualified in virtually any court-ready scenario to administer it (familiar to anyone who has listened to days worth of psych experts at trial). Even if AA's irrelevant MH status had been allowed in, that test almost certainly wouldn't have been admissable.

 

[Kristin Esq.]

Facebook does not give you probable cause for an arrest....

 

[Kristin Esq.]

They objected again to the misstatement of the law

 

[Kristin Esq.]

I think that the defense is trying to make it seem like LD is trying to something nefarious with this.

 

[Niner]

Veronica Waters
@MissVWaters
·
13m
The State's closing argument is interrupted by a mistrial motion over ADA Dunikoski's definition to jurors of citizen's arrest. The defense says she's arguing the arrest must be at the time of the offense AND the offender is escaping "right then & there."

Defense argues that the charge they believe was agreed upon was that the chase for a felony can happen AFTER the offense. The judge denied the mistrial motion. Arguments are continuing.

Judge says he believed the word "escape" was to refer to whatever had occurred that day. The State says yes; he says Well arguing that limited time period is OK. Defense said That's not how we remember it; Judge says that's what we discussed in charge conference.



Then everybody went on a quick 5-minute bathroom break before bringing jurors back in.

Good morning!

link: https://twitter.com/MissVWaters


I'm going to try & put ADA's rebuttal closing all on one post - so bare with me!

 

[sds71]

@HayleyMasonTV
https://twitter.com/HayleyMasonTV/status/1463153969044369411
From inside the courtoom: about three jurors are currently taking notes, the others appear attentive listening to Linda Dunikoski's closing, per the pool reporter.

 

[ilovewings]

I think that the defense is trying to make it seem like LD is trying to something nefarious with this.

Yep

 

[tlcya]

I think that the defense is trying to make it seem like LD is trying to something nefarious with this.

Yes, and yet LD didn't repeatedly interrupt the defense attorneys when they used words like burglary, lurk, sneak, probable cause, dirty toes, etc. The defense misstated the law in a way that benefited them throughout their closings.

The jury has been instructed multiple times that the judge will give them the law, and the attorneys are simply explaining their interpretation of it.

They wanted to slow her down, interrupt her flow. I was watching while getting ready or work and she was on a roll. they needed to stop it. MOO

 

[Kristin Esq.]

Yes, and yet LD didn't repeatedly interrupt the defense attorneys when they used words like burglary, lurk, sneak, probable cause, dirty toes, etc. The defense misstated the law in a way that benefited them throughout their closings.

The jury has been instructed multiple times that the judge will give them the law, and the attorneys are simply explaining their interpretation of it.

They wanted to slow her down, interrupt her flow. I was watching while getting ready or work and she was on a roll. they needed to stop it. MOO

I agree - but I don't think there's anything that can slow her down or interrupt her really. There may be a pause, but she's not thrown off her game. She's damn good.

 

[Niner]

well - maybe a couple of posts - so I won't be too behind on what's going on...

Veronica Waters
@MissVWaters
·
59s
ADA Dunikoski resumes State's rebuttal closing. She resumes defining citizen's arrest and says its probable cause must be based on immediate, personal knowledge--not stale information, neighborhood gossip, or Facebook posts.



State: The warrantless arrest must occur immediately after the misdemeanor crime, or during the escape from a felony. The defense got up here and said, 'Well of course, how would police ever arrest anyone if they had to only arrest someone at the scene?'

State: Police get warrants to arrest people later, she says. Dunikoski continues, If the observer fails to make the arrest right then for a misdemeanor or after chase right after felony, his citizen's arrest authority expires.

State: We'll apply that law to the facts of this case. What crime were they saying he committed? It can't be Oct. 25, b/c #AhmaudArbery was on the dock & didn't take anything. Don't have criminal trespass b/c that's when you enter another's property for unlawful act.

State: Look at the video. #AhmaudArbery didn't touch anything or steal anything. Wandered around & looked. Larry English--who referred to this property as "a construction site," was worried re: liability at dock. He SAID nothing was ever stolen from "construction site"

State: "The boat" is a red herring. So this can't be Oct. Nov. b/c there's no info to start probe about missing items. English never talked to any of these men about this. Travis McMichael knew this from gossip, stale info--"his mother."

State: Ofc. Rash told you he talked to Greg McMichael and said English suspects his contractors of stealing things from his boat. "They knew better." Rash intended GM would be a good witness, to call police and let them know where the guy went.



link: https://twitter.com/MissVWaters

 

[Kristin Esq.]

I have to mute because I have a work call. Please keep the status updates going!

 

[tlcya]

GM said on Feb 11th AA was committing criminal trespass. (misdemeanor) Rash says "loitering or prowling" (also misdemeanor)