Jurors will soon begin deliberating the Ahmaud Arbery case as the prosecution today delivers its final rebuttal to the defense. Yesterday was an ugly day for the Arbery family after defense painted him as a criminal, not a victim.
Live updates here:
dailykos.com/stories/2021/1…
We are barely a half hour into this and again, the defense attorney has requested a mistrial. This time regarding a grievance over a definition by prosecution of a citizen's arrest.
Judge Tim Walmsley seems slightly exasperated by the request since at an earlier conference he agreed to provide jurors with the legal definition that they could reference. Defense says that prosecution is making misstatements of the law and that this is improper.
Prosecutor Linda Dunikoski says she listened all day yesterday as defense offered their interpretation of the law. She argues that she is providing the state's interpretation of the laws around citizen's arrest.
Defense says you can argue the law, not a misstatement of the law
Judge says there was a debate about this last week Friday and he's not going to reignite that debate in front of the jury.
Judge denies the defense team's request for mistrial
We are taking a brief five break.
We are back. Updates posting here. Right now prosecution is unwinding the citizen's arrest claim by defense.
dailykos.com/stories/2021/1…
Prosecution: When you're in the store & there's a woman shoplifting, you have to do it right then & there. She comes back in the store 4 days later, you can't arrest her. If you fail to make that arrest immediately after offense, you have no power to do a citizen's arrest
Defense again has objected to this saying that the prosecution is misconstruing the definition of the law, to which the judge interjects and clarifies to jurors, this is the state's interpretation of this law, the verbatim law will be provided when deliberating.
While defendants claim they courteously stopped Arbery, prosecution plays clip where McMichael is heard saying "Stop god damn it, stop" to Arbery.
Dunikoski asks jurors if they believe this is the true McMichael? Or is the true McMichael the one who has been trial prepped?
Greg McMichael did try to control the narrative after his son killed someone, prosecutor says. Recounting: while first responders are on the scene, Greg McMichael goes up and tells Travis, says, 'you didn't have any choice. He wandered the crime scene, talked to people.
Arbery is dead on the ground and Greg McMichael is talking to a a stranger who comes up to him and McMichael says aloud about Arbery:"This guy ain't no shuffler, this guy's an asshole."
Malice, right there, Dunikoski says. Thats how you know, right there.
After 2pm on 2/23/20, McMichael is talking to the head of the criminal investigations div. for Glynn County PD while crime scene photos are being taken and then McMichael's truck is driven home from the scene. Never searched, never impounded.
Prosecution:"They committed four felonies against Ahmaud Arbery in violation of his personal liberty before he finally tried to run around their truck after running from them for 5 mins. He was trying to get away from strangers threatening to kill him. And then they killed him."
Prosecution tells jurors, if you come back with guilty on all counts, its not you saying they are a bad person. It's you saying "we know what you did to and we are going to hold you responsible for it."
The prosecution's rebuttal has now rested and there is a 10 minute recess. This case very shortly is about to go to the jurors.
The jury is now deliberating in the Ahmaud Arbery case. It will be they who decide the fate of Travis McMichael, Greg McMichael and William "Roddie" Bryan Jr., a trio of white men accused of chasing and killing the young Black man last year.
dailykos.com/stories/2021/1…

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More from @Brandi_Buchman

22 Nov
Just now, defense Kevin Gough calls again for mistrial in Arbery case. Saying protesters are intimidating the defendants by driving around the courthouse today with coffins displaying the defendant's names. "This is not a figurative mob, but a literal mob," Gough says.
Prosecutors say if the jurors would have seen it, that would be one thing. But jurors are not seeing this and that a request for mistrial should not be granted.
In case you missed it in the other thread, the judge denied the request from defense for a mistrial because of protesters outside the courthouse. Defense atty Kevin Gough called the protesters "Black Panthers or something"
Read 5 tweets
22 Nov
The prosecution has rested its case; updates on the live blog inside. A brief 15-minute recess has been called before defense attorneys make their closing arguments.
Dunikoski made an emphatic argument this morning that it was Arbery who was under attack, not Travis or Greg McMichael or William Bryan. In a pointed segment of her comments, she noted how had the men not cornered Arbery with their trucks, he may still be alive today.
Dunikoski argues Arbery was running in fear from the McMichaels and Bryan and that the defendants claims to reasonability don't hold out.
Read 5 tweets
3 Nov
Not surprised by Youngkin in Va.
McAuliffe ran a lackluster campaign and took so much for granted. I saw it months ago. Ds need greater courage when confronting the scourge of racism that is alive and thriving in this nation.
Read 5 tweets
23 Sep
Remember that time Inhofe brought a snowball into the Senate to prove that climate change wasn't real?
Yeah, that happened.
(It proved only that the Senator does not understand climate change.)
Read 4 tweets
18 Sep
Tomorrow marks six months and in that time so much has changed and so much of it hurts incredibly bad. Still grieving and probably for a long while more but whenever it gets too much to bear I just think of how light and funny and loving she was. Just an absolute joy. To Maggie.
I know she would have been over the moon happy for me for landing at Daily Kos. She always told me never to settle for less than I was worth and she would be thrilled to know. I serve her legacy of compassion, courage. I will spend every day trying to stand up for that.
An example of her good humor even to the end: when my brothers and I were all taking care of her in the end, my one brother would ask her to tell us who was the most beautiful. My brother would tease her and tell her that she had to say it was him. This went on for awhile.
Read 12 tweets
18 Sep
All the justice for Ashli Babbit people, where are they on Breonna Taylor? Please won't a single reporter ask one of the few people carrying a sign for Babbit how they feel about that? Or is just this one awake white lady who charged an officer in the cap that they care about?
I mean, they are there and you have time. Open a conversation. Ask them about the prison system broadly. Ask them about the George Floyd Justice in Policing Act. Ask them real questions.
Being jailed for nonviolent offenses is a subject worth having a conversation over.... so is systemic racism.
Read 5 tweets

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