The defense team in the McMichaels case should put in a request for a change of Venue.
Too much pressure is being put on this small town....the intensity of the national spotlight on such a small town could result in a miscarriage of justice.
To insure a fair trial it should be moved to a different town where the residents have not been under such pressure and the intense glare of National publicity.
Death threats are sure to follow....jurors should not be subjected to such pressure.
Former cop Brandon Tatum lays out the known facts in Ahmaud Arbery shooting, before drawing his own conclusion about murder charges.
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I swear I am going to put this stuff on a hot key.
First, the McMichaels had no reason to suspect a crime had been committed by Arbury. Your Tuscan cop is an idiot. Six whole years as a cop, in Arizona, commenting on Georgia Law. He doesn’t live in Georgia, or understand Georgia Law. So let’s start with the idea that the McMichaels had every right to intimate a Citizens Arrest.
Winn-Dixie Stores v. Nichols - 205 Ga. App. 308, 422 S.E.2d 209
law.justia.com
That is the applicable decision from the Appeals Court in Georgia. In it the Court determined that there were only specific people who had the authority to enact a Citizens Arrest. The victim of a crime. Or a designated representative such as a store manager. There was no authority to effect a citizens arrest by anyone else. Period.
So the McMichaels would have to have something in writing before the events of that day empowering them to act as agents of the property owner. They had nothing.
So the Citizens Arrest Attempt was actually a completely different thing. It was Attempted False Imprisonment under Georgia Law.
law.justia.com
That is a Felony under Georgia Law. Odd that your Tuscan Cop hadn’t heard of it. That law by the way is what makes a Citizens Arrest a bet your life moment. If you are right and the guy is a crook you caught legally in the commission of a crime. You’re golden. If he isn’t, you don’t get to worry about the lawsuit until after your trial on Felony Charges.
Now, the last leg of his asinine post. The Trespassing. Guess what. As has been pointed out many times here. Arbury wasn’t breaking the law there either.
In one way or another we encounter sign posts with the above inscriptions posted on fences and trees. But what do those words mean? What does criminal trespassing mean and how is it committed in Georgia? Criminal Trespass: What is it and what is it not? In Georgia, criminal trespass can be...
bixonlaw.com
Wandering, strolling, and walking around a private property which doesn’t have expressed prohibition to enter it do not amount to trespassing unless the person enters the property with unlawful purpose.
So your Tuscan Cop, is as wrong as he can be on this issue. Let me repeat that. He’s wrong.
A change of venue wouldn’t help the McMichaels. The District they are in is solidly republican. And the Defense hopes to get Trump Supporters on the Jury. A change of Venue is liable to end up in Savannah, Macon, Atlanta, or even Augusta. Places where the likelihood of such supporters on the Jury, is much much lower.
So on that day, there were crimes committed. But none of the crimes were committed by Arbury. And if you doubt that, realize that the District Attorney who didn’t follow the law, is facing charges. She tried to help her former employee. She’s looking at her own time in Georgia Prison.
The McMichaels claim there was a lot of crime in the neighborhood. But we can’t seem to find records of this crime. Nobody called in any burglary reports. Well there was one, Travis called in one where he reported a gun stolen from his truck.
Arbury was jogging. He jogged through the neighborhood regularly. Nearly every day.
All of the “information”, “Facts”, and “proof”, of the McMichaels innocence is without any evidence or basis in law.
The law isn’t what you want it to be. It isn’t what you think it should be. And it might be very different than you are used to in your States.
Now, the Defense might be getting the jury they want.
By RUSS BYNUM Associated Press
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It would seem that those determined for an impartial Jury Trial would object to friends of the Defendants being on the Jury. Or is it OK now?
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