Over in the Arbery trial, defense counsel has succeeded in a creative framing using alleged shooter Travis McMichael's Coast Guard training. Since he was trained in law enforcement, counsel is allowed to go through his training...
...The result is that McMichael almost sounds like an expert witness in front of the jury on when to properly use force etc. It is a very effective technique by Jason Sheffield.
...I am a little surprised by the laughing in the exchanges. That is never a good idea in a trial of this magnitude. Indeed, the prosecutor could make reference to the fact that the accused was laughing on the stand...
...That is particularly bad in the middle (as here) of a discussion of exercising "empathy" in such confrontations.
...This use of his prior training is an extraordinary element in a criminal case. Sheffield is now questioning him on the techniques for "retaining your weapon" - an obvious reference to the underlying case.
...McMichael is being taken through incidents of crime in the neighborhood, including his own gun being stolen from his vehicle. The defense is doing a good job in reframing the case by bringing in past crimes and reenforcing the role of citizen arrests.
...The problem however remains the escalation due to the actions of the defendants. The videotape will remain the key evidence for the jury and it shows Arbery essentially trapped and surrounded before the shooting.
As with the Rittenhouse trial, the video is likely to remain the core of the case. In the Arbery case, it is a strong piece of evidence for the prosecution. However, the defense is seeking to create reasonable doubt...
...It seem more like a strategy pegged to a hung jury objective. That would seem the more likely outcome than an acquittal in avoiding a conviction.
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