Attorney actually tries to make argument that Arbery's death was 'suicide by citizen's arrest'
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The trial of three white men accused of hunting down and murdering Ahmaud Arbery after seeing him running from a house under construction in their South Georgia community began on Wednesday with the defense presenting a motion of acquittal on the malice murder charge. The charge, which Travis McMichael; his father, Gregory McMichael; and their neighbor, William “Roddie” Bryan—who recorded moments leading up to Arbery’s death—were indicted on requires proof of intent to kill. As part of an effort seeking a directed verdict and acquittal, the defense argued outside of the jury’s presence that no expressed malice has been proven in the shooting of Arbery.
The argument follows the prosecution resting its case on Tuesday’s eighth day of testimony, making way for the defense to begin presenting its case. All three defendants have pleaded not guilty to malice murder and felony murder charges as well as counts of aggravated assault, attempt to commit a felony, and false imprisonment.
Updates will be added as the trial continues. Jump below the fold for more information on the trial to date.
Bryan has had a media spotlight on him at several moments in the case, namely because of his attorney Kevin Gough’s advocacy work to get Black pastors banned from observing the trial in court. In a recent motion, Gough urged the court to consider on Tuesday, he said he was seeking to “prohibit activity that may intimidate jurors.” Gough defended another motion to reconsider the defense’s request for a speedy trial. In doing so, Bryan said—and CNN reported—on Tuesday that he was being held in a protective jail unit with restricted access to showers and outdoor recreation and that he was living in fear because of the coronavirus pandemic. The jury wasn’t present for Bryan’s claims, and they apparently did little to sway Judge Timothy Walmsley, who denied the motion.
Defense attorney Frank Hogue, who is representing Gregory McMichael, also tried to poke holes in other charges, saying they too should be tossed out. In one example, the attorney argued Arbery had a chance to flee via a route not blocked by the defendants’ trucks.
Wednesday, Nov 17, 2021 · 4:14:42 PM +00:00 · Lauren Floyd
Walmsley denied the defense’s requests for directed verdict and acquittal. It’s unclear at this point if defendants in the case will testify, and attorneys for Travis and Gregory McMichael asked the court not to ask their clients if they will testify.
The judge instead swore Travis in to make sure he understood his right to testify. Walmsley asked Travis his highest level of education, and he said 12th grade. Then, the judge informed Travis that he has the right to testify and if he did would be treated like any other witness. Walmsley did the same with Gregory, who said he had some college education, and Bryan, who said his highest level of education was 12th grade. Walmsley informed the defendants that if they decide not to testify, the court will instruct the jury not to hold the decision against the defendants.
Gough followed up with a familiar refrain, listing the people who he would like banned from the trial, including Rev. Jesse Jackson. Gough said he is again moving for a mistrial.
The judge denied the attorney’s request for a mistrial. So the jury was called in, and Gough was given the go ahead to begin his opening statement.
He started by showing footage of Bryan repairing his front porch, and the attorney said his client saw Arbery out of the corner of his eye with a truck following him. Gough said Arbery had the opportunity to yell help as he was approaching Bryan but that Arbery assumed the worst about Bryan.
The attorney pointed out that Bryan left his hammer on the front porch and grabbed his keys. Gough said Bryan had a rifle in the house on the day of the shooting but he didn’t get his rifle. He walked to his car with a cell phone and his keys, Gough said. Showing the jury moments from home surveillance video, Gough pointed out that Bryan’s truck is actually angled away from Arbery initially. Gough asked the jury to “honestly seek the truth.”