Update on the McMichaels Trial. Motions, counter motions, and disappointment.

[SavannahMann]

The Defense has been making motions, mostly about letting information into the trial that has nothing to do with the events of the day. The Judge has been ruling against them, because the corpse isn’t on trial. In much the same way that the courts disallow information on women’s past sexual encounters during a rape trial, the Judge is not allowing any nonsense into this one.

Ahmaud Arbery murder suspect requests court ban photo of Confederate flag license plate

AHMAUD ARBERY MURDER TRIAL UPDATE: One of the men accused of chasing and murdering Ahmaud Arbery is fighting to ban a photo of his vanity license plate, which includes a Confederate emblem.

www.fox5atlanta.com

So far the criminal history of Arbury, and the spurious claim that he was insane despite never having been seen by a Psychiatrist or Psychologist, have been barred from the trial. Now, the Defense can raise it and have the Jury either instructed not to consider it, or have the entire thing declared a mistrial, and spend more months in jail waiting for another chance while the Lawyers answer contempt of court charges.

This one is the request by the Defense to ban photos of the truck that was actually there. Especially pictures of the old Georgia Flag on the front license plate position on the truck. In Georgia, we are issued one license plate, it goes on the back. We are not given one for the front of the car. So many people put vanity plates there. McMichaels Junior had one there, and it was the old Georgia State Flag, the one with the Confederate Flag still displayed prominently. This flag was replaced something like twenty years ago. So those who still fly it and display it are saying something about heritage. Or whatever.

But since the Defense is concerned that this flag and symbol might give the jury the idea that McMichaels Junior was a Racist, they want pictures and mentions of it stricken from the court proceedings.

Think about that for a moment. They want pictures that show the way things really were at the time of the event, banned from the trial. Because the truth is apparently bad.

So far all the motions appear to have been denied. And if that tells you that the defense is scrambling, it should.

Judge blocks defense effort in Ahmaud Arbery murder trial

hotair.com

Jazz Shaw, noted commentator, has said that local reporters are telling her that the McMichaels enjoy some popularity there and that is why she thinks that they won’t be convicted. The problem is, I can’t find that. Seriously. I’ve searched for a while. I can’t find it. I don’t have time to wonder down there and hang out in cafes and the like listening to the conversation. But I can’t find it on the web.

Maybe it’s part of the RW web we just heard about at EPIX or something. A members only thing that is where people go to spread their truth in the face of the mainstream media lies or something. But I can’t find it. So I don’t know where these Reporters are actually. You know. Reporting.

Anyway, the Defense motions are being shot down left and right. The trial should start in a couple weeks, I suspect that it will play out as predicted, with a guilty verdict. But I don’t know.

 

[Tommy Tainant]

Sporting a confederate flag is a sure sign that these characters are racist trash. I can understand why they would want to hide that fact in a lynching trial.

 

[surada]

The Defense has been making motions, mostly about letting information into the trial that has nothing to do with the events of the day. The Judge has been ruling against them, because the corpse isn’t on trial. In much the same way that the courts disallow information on women’s past sexual encounters during a rape trial, the Judge is not allowing any nonsense into this one.

Ahmaud Arbery murder suspect requests court ban photo of Confederate flag license plate

AHMAUD ARBERY MURDER TRIAL UPDATE: One of the men accused of chasing and murdering Ahmaud Arbery is fighting to ban a photo of his vanity license plate, which includes a Confederate emblem.

www.fox5atlanta.com

So far the criminal history of Arbury, and the spurious claim that he was insane despite never having been seen by a Psychiatrist or Psychologist, have been barred from the trial. Now, the Defense can raise it and have the Jury either instructed not to consider it, or have the entire thing declared a mistrial, and spend more months in jail waiting for another chance while the Lawyers answer contempt of court charges.

This one is the request by the Defense to ban photos of the truck that was actually there. Especially pictures of the old Georgia Flag on the front license plate position on the truck. In Georgia, we are issued one license plate, it goes on the back. We are not given one for the front of the car. So many people put vanity plates there. McMichaels Junior had one there, and it was the old Georgia State Flag, the one with the Confederate Flag still displayed prominently. This flag was replaced something like twenty years ago. So those who still fly it and display it are saying something about heritage. Or whatever.

But since the Defense is concerned that this flag and symbol might give the jury the idea that McMichaels Junior was a Racist, they want pictures and mentions of it stricken from the court proceedings.

Think about that for a moment. They want pictures that show the way things really were at the time of the event, banned from the trial. Because the truth is apparently bad.

So far all the motions appear to have been denied. And if that tells you that the defense is scrambling, it should.

Judge blocks defense effort in Ahmaud Arbery murder trial

hotair.com

Jazz Shaw, noted commentator, has said that local reporters are telling her that the McMichaels enjoy some popularity there and that is why she thinks that they won’t be convicted. The problem is, I can’t find that. Seriously. I’ve searched for a while. I can’t find it. I don’t have time to wonder down there and hang out in cafes and the like listening to the conversation. But I can’t find it on the web.

Maybe it’s part of the RW web we just heard about at EPIX or something. A members only thing that is where people go to spread their truth in the face of the mainstream media lies or something. But I can’t find it. So I don’t know where these Reporters are actually. You know. Reporting.

Anyway, the Defense motions are being shot down left and right. The trial should start in a couple weeks, I suspect that it will play out as predicted, with a guilty verdict. But I don’t know.

Hope so.. It was cold blooded murder.

 

[SavannahMann]

Sporting a confederate flag is a sure sign that these characters are racist trash. I can understand why they would want to hide that fact in a lynching trial.

The McMichaels assert that they are not racist. They had witnesses to testify that they weren’t racist. Despite text messages that seemed to indicate otherwise.

What they didn’t have was a single minority to come in and testify that they were not racists.

Text messages with racial slurs presented during bond hearing for suspects in Arbery case

The father and son charged in the killing of Ahmaud Arbery appeared via video before a judge for a bond hearing Thursday.

www.wtoc.com

Everyone was White. Now, if the person is racist, or not, is a judgement call. I grant that. And the bar is set higher with some people making that judgement. Look on this board and all the race based postings. You point out it is racist, and they insist it isn’t. It’s science, facts, statistics. All of the excuses to cloud the issue. Now, giving them the benefit of the doubt, they may honestly believe they are not racist. Realists or whatever term they want to use. But their bar is set awfully high. Others, well they set the bar too low. They claim it when it isn’t warranted.

 

[SavannahMann]

Hope so.. It was cold blooded murder.

The Term is Felony Murder. That means an unlawful death during the commission of another crime. In the case of the McMichaels that other crime was Aggravated Assault and the effort to “detain” Arbury.

 

[progressive hunter]

The Term is Felony Murder. That means an unlawful death during the commission of another crime. In the case of the McMichaels that other crime was Aggravated Assault and the effort to “detain” Arbury.

that was the same event,,
prosecutors are fucking up again and going to get them off,,

 

[Lysistrata]

The whole thing was recorded on camera. Arbery's mental state is entirely irrelevant and could not have been known by the McMichaels anyway. This poor man ran straight into a pre-planned ambush, and the local authorities did nothing about it until the video caught up to them. The McMichaels should have been arrested on the spot for first-degree murder. This case shows that there is corruption in law-enforcement agencies and the criminal-justice establishment, as BLM has contended.

 

[progressive hunter]

The whole thing was recorded on camera. Arbery's mental state is entirely irrelevant and could not have been known by the McMichaels anyway. This poor man ran straight into a pre-planned ambush, and the local authorities did nothing about it until the video caught up to them. The McMichaels should have been arrested on the spot for first-degree murder. This case shows that there is corruption in law-enforcement agencies and the criminal-justice establishment, as BLM has contended.

how was it a pre planned ambush when they were chasing him??

thats the opposite of pre planned,,

over charging could get them off,,

 

[Lysistrata]

how was it a pre planned ambush when they were chasing him??

thats the opposite of pre planned,,

over charging could get them off,,

They got out in front, rounded the curve, and parked in the middle of the street, standing with guns, while the guy who was filming was following Arbery from behind. Why were the McMichaels parked in the street with guns out? What were they doing? They could simply have gone into their home and relaxed. Arbery was ambushed.

Why on earth would you want to protect the McMichaels? We seem to have an epidemic of thugs confronting people on the street in this country, as if they have some authority to do so, and it must be stopped.

 

[progressive hunter]

They got out in front, rounded the curve, and parked in the middle of the street, standing with guns, while the guy who was filming was following Arbery from behind. Why were the McMichaels parked in the street with guns out? What were they doing? They could simply have gone into their home and relaxed. Arbery was ambushed.

Why on earth would you want to protect the McMichaels? We seem to have an epidemic of thugs confronting people on the street in this country, as if they have some authority to do so, and it must be stopped.

thats not pre planned,, thats the chain of events that happened in the spur of the moment,,

pre planned means they sat down and planned how and where they would do that,,

words have meaning,, and if the prosecution pushs that they could get off,,

 

[SavannahMann]

that was the same event,,
prosecutors are fucking up again and going to get them off,,

Nope. Felony Murder is the Georgia Statute. We don’t have Murder in the First Degree, Second Degree, or that sort of thing. Murder is preplanned. Felony Murder is like when the robber shoots the clerk. He didn’t go in there intending to murder the clerk. But it happened as part of the commission of another felony.

There really isn’t anything else they could be charged with.

Differences in Homicide, Manslaughter & Murder in Georgia - J.M. Heller, Attorney at Law

Learn the differences between homicide, manslaughter and murder in Georgi from Canton criminal lawyer J.M. Heller, attorney at Law.

www.jeffhellerlaw.com

Manslaughter in Georgia. Let me explain. Voluntary. You walk in and find your wife in bed with another guy. You explode into a rage and kill them both. Minimal punishment because we can understand your rage but not excuse it.

Involuntary. You are doing a burnout in your car and lose control of the car. You jump the curb and squash someone. Reckless behavior that was incredibly stupid got someone killed. More serious than Voluntary. Not a Murder however.

Neither of those fit the circumstances. All that is left is Murder. The specifics are Felony Murder. As mentioned above. When you are committing a crime, a Felony, and someone dies either because of your actions or inadvertently as a result.

In Georgia we have a law that prohibits waving guns about. It is not called Brandishing as in other states. It is called Aggravated Assault.

Now. Let’s say for the sake of argument that Arbury saw the men with the guns and ran off the road. He stripped and fell and broke his neck. It would still be felony murder under Georgia law. Their criminal actions resulted in the death of another. Just as if the robber pulled a gun on the store clerk and he died from a heart attack.

The McMichaels are not the first to be charged this way. There are plenty of people in prison for the same thing.

 

[progressive hunter]

Nope. Felony Murder is the Georgia Statute. We don’t have Murder in the First Degree, Second Degree, or that sort of thing. Murder is preplanned. Felony Murder is like when the robber shoots the clerk. He didn’t go in there intending to murder the clerk. But it happened as part of the commission of another felony.

There really isn’t anything else they could be charged with.

Differences in Homicide, Manslaughter & Murder in Georgia - J.M. Heller, Attorney at Law

Learn the differences between homicide, manslaughter and murder in Georgi from Canton criminal lawyer J.M. Heller, attorney at Law.

www.jeffhellerlaw.com

Manslaughter in Georgia. Let me explain. Voluntary. You walk in and find your wife in bed with another guy. You explode into a rage and kill them both. Minimal punishment because we can understand your rage but not excuse it.

Involuntary. You are doing a burnout in your car and lose control of the car. You jump the curb and squash someone. Reckless behavior that was incredibly stupid got someone killed. More serious than Voluntary. Not a Murder however.

Neither of those fit the circumstances. All that is left is Murder. The specifics are Felony Murder. As mentioned above. When you are committing a crime, a Felony, and someone dies either because of your actions or inadvertently as a result.

In Georgia we have a law that prohibits waving guns about. It is not called Brandishing as in other states. It is called Aggravated Assault.

Now. Let’s say for the sake of argument that Arbury saw the men with the guns and ran off the road. He stripped and fell and broke his neck. It would still be felony murder under Georgia law. Their criminal actions resulted in the death of another. Just as if the robber pulled a gun on the store clerk and he died from a heart attack.

The McMichaels are not the first to be charged this way. There are plenty of people in prison for the same thing.

I wonder how intent will work into this,, if they honestly thought what they were doing was justified by going after a what they believed was criminal and only intended to stop him for cops to question and not kill him?? if their intent was to kill him they had plenty of chances to do that before it actually happened,,

thats a big dif from walking into a store and intending to rob them,,

 

[Lysistrata]

thats not pre planned,, thats the chain of events that happened in the spur of the moment,,

pre planned means they sat down and planned how and where they would do that,,

words have meaning,, and if the prosecution pushs that they could get off,,

There is no set time-span on premeditation. Why were the McMichaels stopped in the middle of the street with guns out? Every second of their actions must be examined, as well as their coordination with the guy following behind and filming.

Why are you trying to protect these guys? I think that they are killers.

 

[Tommy Tainant]

The McMichaels assert that they are not racist. They had witnesses to testify that they weren’t racist. Despite text messages that seemed to indicate otherwise.

What they didn’t have was a single minority to come in and testify that they were not racists.

Text messages with racial slurs presented during bond hearing for suspects in Arbery case

The father and son charged in the killing of Ahmaud Arbery appeared via video before a judge for a bond hearing Thursday.

www.wtoc.com

Everyone was White. Now, if the person is racist, or not, is a judgement call. I grant that. And the bar is set higher with some people making that judgement. Look on this board and all the race based postings. You point out it is racist, and they insist it isn’t. It’s science, facts, statistics. All of the excuses to cloud the issue. Now, giving them the benefit of the doubt, they may honestly believe they are not racist. Realists or whatever term they want to use. But their bar is set awfully high. Others, well they set the bar too low. They claim it when it isn’t warranted.

I recollect this and I remember that there was video evidence. They got in the truck and hounded a young guy who was jogging. They caught him and shot him. The trial shouldnt take long.

 

[SavannahMann]

I wonder how intent will work into this,, if they honestly thought what they were doing was justified by going after a what they believed was criminal and only intended to stop him for cops to question and not kill him?? if their intent was to kill him they had plenty of chances to do that before it actually happened,,

thats a big dif from walking into a store and intending to rob them,,

Ah but there you have Georgia Law working against them yet again. The pivotal case is Winn Dixie V. Nichols. Winn-Dixie Stores v. Nichols

In short, the Appeals Court decided that the only appropriate person who could make a Citizens Arrest in Georgia was the victim of the crime, or a designated employee, such as a manager or store guard.

So the effort to detain Arbury absent both first hand evidence of a crime, and the authority to conduct the arrest means the McMichaels, even in their defense, are essentially pleading guilty to what is termed Unlawful Imprisonment in Georgia. That is a Felony.

Next up we come to the firearms. Under the Aggravated Assault laws in place at the time, and still in place. It is illegal to hold someone at gunpoint. Even if you were conducting a legal citizens arrest, which the McMichaels were not, it was still a Felony to wave the bang sticks about.

So even if the situation was what the McMichaels said, it was still two felonies before the shooting. First, they had no authority to enforce the law on the neighbors land. Second, they had no knowledge of a crime being committed at that time. Third, even if there was a crime, they were prohibited by law from trying to arrest the offender as they were not the victim of the crime. Fourth. They had no reason to be armed and waving the guns about when attempting to confront Arbury.

This leads to the shooting. The defenders of the McMichaels like to scream self defense. But that isn’t allowed by law. When someone is committing a felony, we don’t let them claim self defense. We never have.

So for the Jury it is going to be a progression of decisions. If they find that the McMichaels had no right to stop Arbury, and by law they did not. Then they have to find that False Imprisonment was attempted. That Felony is exacerbated by the fact that because they were committing the first Felony, while Armed, then they have to find that the waving of the bang sticks on the video, was Aggravated Assault.

Once the decision is made concerning the Aggravated Assault, that leaves the death. By law, and precedent in Georgia, long standing law and precedent, they are screwed six ways to Sunday. Because that is one of the crimes listed as an example of a violent felony which qualifies a death as Felony Murder.

It is a series of Dominos. If one falls, the rest are bound to fall. Roddy has a chance, because the law allowed that someone could come to the aide of another if he believed that a crime had been committed even if he did not witness it. If Roddy can show the McMichaels communicated to him that they had caught the thief red handed, or something like that, then Roddy’s actions become if not justifiable, than understandable.

As for the McMichaels? They’re screwed.

 

[progressive hunter]

There is no set time-span on premeditation. Why were the McMichaels stopped in the middle of the street with guns out? Every second of their actions must be examined, as well as their coordination with the guy following behind and filming.

Why are you trying to protect these guys? I think that they are killers.

youre spinning the facts to support your narrative,,

it all happened in the spur of the moment and there wasnt ANY time to pre plan anything,,,

how many times have we seen an over charge or false narrative result in people getting off??
the answer is a lot,,,

how am I trying to protect them by showing the flaws in your false narrative??

 

[Lysistrata]

youre spinning the facts to support your narrative,,

it all happened in the spur of the moment and there wasnt ANY time to pre plan anything,,,

how many times have we seen an over charge or false narrative result in people getting off??
the answer is a lot,,,

how am I trying to protect them by showing the flaws in your false narrative??

How am I spinning a false narrative? This is all on film. The McMichaels had plenty of time to go home, park their truck in their driveway, go inside, and ignore a passing jogger. Why was the other guy following in another vehicle while filming a jogger? If this was "spur of the moment," why were the McMichaels parked in the road and why did they have guns drawn?

C'mon. You are trying to protect these people, who obviously planned to harm the jogger.

 

[progressive hunter]

How am I spinning a false narrative? This is all on film. The McMichaels had plenty of time to go home, park their truck in their driveway, go inside, and ignore a passing jogger. Why was the other guy following in another vehicle while filming a jogger? If this was "spur of the moment," why were the McMichaels parked in the road and why did they have guns drawn?

C'mon. You are trying to protect these people, who obviously planned to harm the jogger.

when did they have time to plan?? do you have any proof there was any planning?? I didnt think so,,

and an ambush means you are hiding and waiting for them, not following them,,

if I werre trying to protect them I wouldnt be concerned about over charging and them getting off,,

so your 0 for 3,,,

 

[progressive hunter]

How am I spinning a false narrative? This is all on film. The McMichaels had plenty of time to go home, park their truck in their driveway, go inside, and ignore a passing jogger. Why was the other guy following in another vehicle while filming a jogger? If this was "spur of the moment," why were the McMichaels parked in the road and why did they have guns drawn?

C'mon. You are trying to protect these people, who obviously planned to harm the jogger.

disagreeing doesnt prove you right,, and the facts and chain of events do prove you wrong,,

 

[Lysistrata]

when did they have time to plan?? do you have any proof there was any planning?? I didnt think so,,

and an ambush means you are hiding and waiting for them, not following them,,

if I werre trying to protect them I wouldnt be concerned about over charging and them getting off,,

so your 0 for 3,,,

The McMichaels were not following Arbery, they already had passed him, rounded a curve in the road, were in the middle of the road when Arbery arrived. A question arises as to whether they were in communication with the guy who took the video from a vehicle behind Arbery. What is your take on why the McMicheals were stopped in the middle of the road with their guns drawn. If there was some crime going down in their neighborhood, (1) it is obvious that Arbery was not the person committing it, an (2) where are the tapes of the 911 calls they made to report it?