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Ahmaud Arbery trial: Attorneys call for mistrial
arbery trial capture

Attorneys for the three white men standing trial for the death of Ahmaud Arbery have repeatedly called for a mistrial. 

Arbery was chased by Travis and Gregory McMichael and William Roddie Bryan on Feb. 23, 2020 while he was jogging through a Brunswick neighborhood. Travis McMichael approached Arbery with a shotgun. During the interaction McMichael shot Arbery three times. Arbery died on the scene. The case was one of several that ignited the Black Lives Matter movement and has been featured in the national spotlight.

Since the start of the trial a parade of peaceful protestors have rallied outside the Glynn County Courthouse demanding justice for Arbery and his family. Inside the courtroom Arbery’s father Marcus Arbery, his lawyer Civil Rights Attorney Ben Crump, and Arbery’s mother Wanda Cooper-Jones and her attorney, Lee Merritt have watched as the details of that day unfold before the jury. This past week the family was joined inside the courtroom by other dignitaries, first the Rev. Al Sharpton.

“I have noting personal against Mr. Sharpton,” said attorney Kevin Gough who represents Bryan. “My concern is that it is one thing for the family to be present, another ting to ask that their lawyers be present. But if we are going to start precedent starting yesterday where we are going to bring high profile members of the African American community into the courtroom to sit with the family during the trial and in the presence of the jury, I believe that is intimidating and an attempt to pressure or influence the jury.”

He went on to say, “Obviously there are only so many pastors they can have and if their pastor right now is Al Sharpton, that is fine, that’s it. We don’t want anymore black pastors coming in here or other Jessie Jackson who was here earlier this week sitting with the victim’s family trying to influence the jury in this case.”

Gough said these high-profile people are doing nothing more than trying to bring politics into the courtroom.

Judge Timothy Walmsley had ruled that, as long as there were not any outbursts or distractions from the court gallery, anyone from the public was allowed to be in court within the limited seating area permitted.

“I’m not going to blanketly exclude the members of the public from this courtroom,” the judge said. In response to his words, Crump promised to bring in 100 more black pastors to court. On Monday Jessie Jackson was seated in court, causing Gough and the attorneys for the McMichaels to object. Gough, for the third time since the trial started requested a mistrial for his client.

“He is as you know your honor, he is an icon,” said Gogh about Jackson. “In the context of this trial we object to the presence in the public gallery inside the courtroom. We note there is a jury assembly room capable of holding, depending on ow we socially distance, several 100 people where these proceedings are being televised. The issue I brought up previously is how many pastors do the Arbery family have?

Gough continued to argue that this could impact the jury and doesn’t afford his client the right to a fair and impartial trial.

“Mr. Gough at this point I am not sure exactly what you are doing,” the judge replied. “I have already ruled on this court’s position in regards to the gallery. And with all candor I was not even aware that Rev. Jackson was in the courtroom until you started your motion.

The judge went on to say that what was happening in the courtroom was a direct response and likely influenced by the words Gough chose to use regarding Al Sharpton’s visit. The judge called those words were reprehensible and denied the mistrial.

In response to his visit Sharpton said, “The arrogant insensitivity of attorney Kevin Gough in asking a judge to bar me or any minister of the family’s choice underscores the disregard for the value of the human life lost and the grieving of a family in need spiritual and community support.”

Sharpton had also stated that the selection of 11 white people and one black person on the jury was an, “insult to the intelligence of the American people.”

He went on to say, “I respect the defense attorney doing his job but this is beyond defending your client, it is insulting the family of the victim.”

VIDEO: Arbery trial week of 11/16

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