Ahmaud Arbery case: Lawyers for McMichaels don’t want Arbery to be called ‘victim’ in court

“A fair trial requires a minimal injection of error or bias into this proceeding. Using terms such as ‘victim’ can shift focus to the accused rather than remain on the evidence of every element of the charges charged” , the lawyers wrote in a motion filed Dec. 30.
Another motion asks the court to limit photos of Arbery to just one in the trial, and that he appears alone. It also calls for an unrelated witness to identify Arbery in the photo, rather than a family member, “to avoid cumulative damage-causing errors in the process of this case.”
Ahmaud Arbery was hit by a truck before he died, and his killer allegedly used a racist slur, investigator testifies

Arbery, a 25-year-old black man, was jogging near Brunswick, Georgia on Feb. 23, 2020, when the McMichaels chased him in their truck and Travis shot him after the two struggled, authorities said. Gregory McMichael was said to have a gut feeling that Arbery may have been responsible for previous thefts in the area after the shooting on police camera footage, a Georgia Bureau of Investigation official testified at a preliminary hearing in June.

Both men have pleaded not guilty to allegations of malice and murder, and counts of aggravated assault, false imprisonment and criminal attempt to commit false imprisonment.

William “Roddie” Bryan Jr., who videotaped Arbery’s death, is said to have hit Arbery with his truck after joining the McMichaels in the chase. Bryan has pleaded not guilty to charges of criminal attempted false imprisonment and murder.

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All three men, who are white, are held without a bond.

Lawyers for the McMichaels have also filed a motion asking the court to prohibit onlookers in the trial from wearing face masks or t-shirts with ‘Black Lives Matter’, ‘I Can’t Breathe’ or similar slogans on them, as some did, they say, during previous proceedings in the case.

“It’s the right of those supporters to wear whatever clothes they want, to hold up any sign they want and chant whatever slogan they want out of court. That’s the beauty of our First Amendment. But once in The courthouse, sanctity of the defendants ‘right to a fair and impartial trial surpasses the First Amendment,’ the motion states.

Other motions filed by the lawyers on Dec. 30 and 31 ask the court to order the prosecution to transfer all data relating to “ Arbery’s disciplinary, criminal and mental health data ” and the contents of his phone data and social media accounts, and exclude this data from evidence all of the McMichaels’ recorded prison calls while held at the Glynn County Detention Center.

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