Watch the sentencing proceedings for the three men convicted of murdering Ahmaud Arbery embedded in this preview story written by @LawCrimeNews' @AlbertoLuperon.
The court appears to be running a little behind schedule.
Proceedings seem to be running at least 30 minutes behind now.
A reminder:
The counts of conviction carry a mandatory minimum of life for the men.
Judge Walmsley's primary decision will be whether they are eligible for parole.
An attorney for William "Roddie" Bryan told CNN that he planned to file a motion to prevent a life sentence for his client.
But as things stand now, life is the floor.
The hearing has begun:
Bryan's attorney Kevin Gough tells the judge he filed a motion to bar imposition of a sentence of life without parole for his client.
Prosecutor Linda Dunikoski says there is nothing barring the court from imposing that sentence.
Judge Walmsley DENIES Gough's motion to take life without parole off the table.
Gough's next motion is an Eighth Amendment challenge to the life imprisonment minimum under the felony murder count.
The prosecutor responds: "Your honor, the Legislature has spoken."
Dunikoski scoffed at the notion that "somehow Mr. Bryan is special and outside the imposition of the law."
Gough says that's not the point, but rather that "no one in America" should have a mandatory minimum of life for felony murder, which doesn't require an intent to kill.
Judge Walmsley DENIES this motion too, meaning his only decision will be whether the defendants will be eligible for parole for their life sentences.
Walmsley denied a third motion by Bryan's attorney to find one of his client's felony murder convictions inconsistent with an acquittal on a lesser count.
Even the attorney conceded it was "academic," not changing his sentencing exposure.
Regardless, DENIED by the judge.
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Billionaire Tom Barrack, the former Trump inaugural committee chair, is back in court for a pre-trial hearing on allegations that he acted as an unregistered agent of the UAE.
A federal judge signed off on prosecutors' request to drop charges against Epstein's ex-guards, which became public the day after Maxwell's convictions. (The doc was dated earlier.)
"She shared the information known to her at the time of Jeffrey Epstein’s death and more importantly, provided truthful insight into the toxic culture, subpar training,
staffing shortages, and dysfunctional management of the now closed [MCC]."
The lawyer Jason Foy continued:
"In exchange for Ms. Noel’s cooperation, all charges against her were dismissed."
He described the now-shuttered prosecution as an attempt to "criminalize deficiencies in work performance in a manner that has never been done before" in SDNY.
"Our deliberations are moving along, and we are making progress."
They want to adjourn at 5 p.m. and come in at 9 a.m.
🚨 Judge Nathan says she must require the jurors to come in **every day** until they reach a verdict because of the "highly contagious Omicron variant."
"I must require deliberations every day forward until they reach a verdict."
The judge says that this is necessary to avoid a mistrial in the event of an outbreak.