I need y’all to remember these cases had different facts. A case is won and lost on facts. The smallest fact can make one case winnable for defense and the other a complete lost cause.
Besides that, y’all this wasn’t necessarily a better Jury pool. For many reasons the jury pool here was arguably worse. This was an almost all white jury in the south, in a small rural county…tell me how you get that this jury was better?
And the judge?! You mean the judge that allowed defense to only have one Black juror seated? The judge who denied the prosecutors Batson challenge when defense used strikes against 11/12 Black jurors? That judge? There’s not a single fact to support either of these claims.
That in both defendants argued self defense in and of itself does not make the cases comparable. Without litigating each difference, just that race was not at issue for Rittenhouse’s defense but was for the murder of Arbery makes them wholly different.
The defense tried to stack the deck here arguably more then the Rittenhouse defense did, they just didn’t have the facts on their side. The State’s facts were better so they were able to prove one count of malice murder for Travis McMichael beyond a reasonable doubt.
The other two men were found NG of all charges but agg assault and felony murder. Felony murder is that law where a person can be convicted without actually being the one that kills someone. Felony murder allows you to be found guilty of murder you didn’t personally commit
for a murder that happens in the commission of another felony. So as long as the jury found them guilty on a felony, they were guilty of felony murder. They were all found guilty of aggravated assault— so felony murder.
Felony murder is notoriously easy to convict on, this is the same law that cops/prosecutors have used to convict people of murder for the person they actually shot, not the defendant. This has happened all over the country.
So not only is the different verdict the result of different facts but along with a lot of other reasons this guilty verdict is the result of different charging decisions. The McMichaels defense did everything they could to stack the deck,
they succeeded with some of it, but the facts were not on their side & they were charged with felony murder which required the conviction of the agg assault to be found guilty of.
Beyond that, it’s bizarre to simply chalk the guilty verdict for McMichaels up to judge and jury without discussion on the tainted DAs office that actively tried to delay arrest and charges for the murder of Arbery.
One ADA never goes rogue, this was at the very least allowed from the top but more likely a directive from the top. She was indicted in September for obstruction of Justice and violation of oath by a public officer.
This isn’t to say that this misconduct didn’t happen in the prosecution of Rittenhouse or any of this didn’t occur. I’m not comparing the cases because they are not comparable. Merely reminding y’all of the facts that this trial was tainted, this judge made some bad rulings
y’all were up in arms about just last week, and the jury pool was arguably worse for a case where race was at issue— specifically white people murdering a Black man, and the DAs office wasn’t on the up and up here.
There was VERY LITTLE trust in the handling of this case until this verdict. Let’s just remember things accurately.
I hate that I have to do this in every thread but I DID NOT SAY FACTS ARE THE ONLY THING THAT WINS OR LOSES A CASE. There are MANY factors here. My point is it is not so simple to point to a different judge and jury and besides that those arguments have no factual basis here.
Point to a different judge or jury as the sole cause*
Correction: the person I described as an assistant district attorney (ADA or line prosecutor) was not a grunt, she was the elected district attorney (the head prosecutor) in the county of Brunswick. The directive to not proceed did come from the top of the District attorney.
And the protection and shielding from accountability continued even after DA Johnson finally recused herself because of the conflict. Waycross Judicial District Attorney Barnhill took over the case when DA Johnson recused herself, also refused to file charges as well citing
“legal shooting” of “criminal suspect” Arbery in what amounts to “clear self defense.” Saying his shooting was “perfectly legal in GA

The DAs statement below.

“It appears Travis McMichael, Greg McMichael and (William Bryan) were following, in ‘hot pursuit,’ a burglary suspect,
w/solid firsthand probable cause, in their neighborhood, and asking/telling him to stop,” per Barnhill letter to Brunswick authorities. It appears their intent was to stop and hold this criminal suspect until law enforcement arrived. Under Georgia law, this is perfectly legal.”
And that’s not it, finally DA Barnhill acknowledged a conflict and recused himself in a letter stating not sufficient evidence for a grand jury presentation even (didn’t want to even let a grand jury indict if they found probable cause).
The AG opened investigation and cited misconduct by both DAs.
DA Johnson held conflict secret (Gregory was investigator in her office until 2019 retirement) presumably to be able to shield & protect him and even after recusal she contacted DA Barnhill, the district attorney who received the case to discuss how McMichaels could be protected
DA Barnhill (neighboring county) after receiving the case immediately defended Johnson’s decision not to charge McMichaels in the case and was advising DA Johnson about ways McMichaels could avoid accountability and all the while they had the video that caused national outrage.
DA Barnhill had a conflict he kept secret to try to shield the McMichaels (his son was a coworker with Gregory McMichaels in Johnson’s office) didn’t recuse himself until the conflict was outed and ensued public outrage. Sending the following letter in an attempt to
keep them from being indicted citing “insufficient evidence for a grand jury presentation” even prior to recusing himself and turning the case over to Glynn County. After the case was sent to Glynn County they were finally arrested and charged.
This isn’t unusual. Especially in the south. The white supremacy culture and politics infect every facet of the criminal system. Far too often DAs have put their fingers on the scales of justice where you have Black victims killed by white hands.
To that point, Chattahoochee Circuit District Attorney Mark Jones was indicted on Tuesday for trying to influence a police officer’s testimony, offering bribes to prosecutors in his office and trying to influence and prevent the testimony of a crime victim.
Neglected to attach Barnhill’s final letter upon recusing to influence the Glynn County DA not to present to grand jury.

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More from @fodderyfodder

24 Nov
Reminder: They weren’t arrested when police saw the video, or when the first DA saw the video, or when second DA saw the video. They weren’t arrested and charged until we saw the video.

Public accountability did this.
The system acted as it always does, shielding, protecting and insulating their own. It’s bc of public outrage that it wasn’t able to.
More how the system tried to hide this here
Read 5 tweets
24 Nov
Yes! But not just *one* DA (Brunswick DA Johnson) but the second DA after Johnson recused herself, Waycross DA Barnhill, immediately defended Johnson’s refusal to file charges and refused to file charges saying “legal shooting clearly legal under Georgia law” of “suspect.”
Even after the video was later released to local radio station by Gregory McMichael and his attorney, Alan Tucker, and national outrage ensued DA Barnhill refused to file charges and defended his refusal with this statement: in ‘hot pursuit,’ of a burglary suspect, with solid
firsthand probable cause, in their neighborhood, and asking/telling him to stop.“ Stating it a legal citizen’s arrest and legal shooting in self defense. “Under Georgia law, this is perfectly legal.” It wasn’t until his conflict was revealed and demands for his recusal that the
Read 5 tweets
24 Nov
That Gregory McMichael personally delivered the video to a local radio station to show a lawful citizens arrest occurred that led to public pressure for charges and was star witness in the trial sending his own son and himself to prison for life…

This is why you stfu.
A prime example on why criminal defense attorneys tell you to shut up and say nothing but “I do not want to speak, I want my attorney.”

(P.s. Gregory was acting on the super stupid advice of his lawyer, a personal injury attorney who has no business advising on criminal matter)
The personal injury lawyer above thought the video would show a valid citizens arrest and would calm the community and neighborhood down.

Narrator: it did not in fact calm the community and neighborhood down.
Read 10 tweets
24 Nov
Remember the DAs office was tainted from jump, the DAs office resisted charging the McMichaels and told the police not to arrest them. This verdict isn’t the result of a system working as it should but public pressure against the
criminal system which worked overtime (both prosecution and cops) and committed crimes to protect 3 white men from the consequences of murdering a Black man. This verdict isnt evidence that the system works rather, if you look closely, evidence that it is propped
up by white supremacy and had there not been intense public pressure here there would be no accountability for these men.

This protection and misconduct happens in cases behind closed doors all the time. Think about why the ADAs thought they could do this with no repercussions.
Read 7 tweets
24 Nov
Verdict for killing of Arbery: Travis McMichael guilty of one count of malice murder and four counts of felony murder.

William “Roddie” Bryan Jr. found guilty of felony murder.  

Jurors convicted him of felony murder but acquitted him of the malice murder charge.
Gregory McMichael has been found guilty of felony murder.  

Gregory, Travis and Bryan now faces a maximum sentence of life in prison without the possibility of parole.  

All three have federal trial in February on federal hate crime charges, which include interference
attempted kidnapping and using, carrying, brandishing, and discharging a firearm during and in relation to a crime of violence.
Read 6 tweets
24 Nov
Dreading delivering pretty awful plea offer to a client on a constructive possession of a firearm charge resulting for a traffic stop and it’s shit that I have to say this will be your last thanksgiving until 2031 and y’all are really out here screaming more laws.
And they aren’t the only one. This mirrors the same news I have to deliver 6 other clients. All traffic stops. And not a single one looks like Rittenhouse or even accused of discharging the weapon. Why? Bc police aren’t stopping the Kyles or people that look like him.
Baffling to me that people can’t make the connection between the racism that infects every facet of the criminal system and laws that criminalize a thing and who exactly is the criminal for doing the thing…
Read 8 tweets

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