Defense attorneys for the men charged with killing Ahmaud Arbery won’t be allowed to present evidence of the slain Black man’s past legal problems when their clients stand trial for murder, a Georgia judge ruled.
Gregory and Travis McMichael, a father and son, and their neighbor William “Roddie” Bryan Jr. are awaiting trial this fall for chasing and killing 25-year-old Arbery last year as he ran in their neighborhood outside coastal Brunswick. Jury selection is scheduled to start Oct. 18.
Attorneys for the McMichaels wanted the jury to hear about Arbery’s past run-ins with law enforcement, including two arrests, to cast doubt on prosecutors' contention that he was merely an innocent jogger. Defense attorneys say the white men reasonably suspected Arbery had committed a crime when they began the pursuit that ended in his death.
Prosecutors argued that defense lawyers were seeking to put Arbery on trial by making his criminal record and other prior problems part of the case. None of the three defendants knew Arbery, or anything about his past, prior to the shooting. Prosecutors said his past was irrelevant to their decision to arm themselves and ultimately shoot a man who was trying to run away.
In a written order, Superior Court Judge Timothy Walmsley ruled evidence of Arbery's past run-ins with the law could unfairly “lead the jury to believe that although Arbery did not apparently commit any felony that day, he may pose future dangerousness in that he would eventually commit more alleged crimes, and therefore, the Defendants’ actions were somehow justified.”
"The character of victim is neither relevant nor admissible in murder trial,” the judge wrote in his ruling Monday.
https://www.washingtonpost.com/nation/2021/09/02/jackie-johnson-arbery-da-indictment/
A grand jury on Thursday indicted a former Georgia prosecutor for her handling of Ahmaud Arbery’s fatal shooting, on allegations she helped shield men now charged with murder in a case that went for months without arrests until a viral video sparked a national outcry.
Brunswick Judicial Circuit District Attorney Jackie Johnson is accused of violating her oath of office and obstructing police in the Black man’s fatal shooting last February.
The indictment says Johnson showed “favor and affection” to Greg McMichael, who was previously an investigator in her office, and also failed to “treat Ahmaud Arbery and his family fairly and with dignity” when she sought help from another district attorney who eventually recused himself from the case.
Johnson is also accused of obstructing law enforcement by directing that Greg McMichael’s son, Travis McMichael, should not be arrested, “contrary to the laws” of Georgia.
The McMichaels and a third man face murder charges as well as federal hate crime charges in the death of 25-year-old Arbery. The defendants are accused of confronting and killing Arbery as he was jogging through the Satilla Shores neighborhood of Brunswick, Ga. They argue they pursued him in the belief he was behind break-ins and acted in self-defense