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LIVE: Watch what happens when defense attorney seeks mistrial in Arbery case

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The trial of the three men accused of killing Ahmaud Arbery began on Monday with testimony from Georgia Bureau of Investigation (GBI) Assistant Special Agent-in-Charge, Jason Seacrist.

Attorney Kevin Gough, representing William “Roddie” Bryan, questioned Seacrist about how GBI contributed to the media’s attention to the case and interviews GBI conducted with Bryan. Seacrist responded by explaining how the agency responds to media inquiries but does not initiate interviews. Georgia NAACP President James Woodall tweeted on Monday: “He believes his client is included in this trial simply because of the media circus.”

Gough also failed to get polygraph results admitted into court for his client, and the judge denied it.

Updates will be added as the trial continues, jump below the fold for more information on the trial to-date.


LIVE | BNC goes live for week two in the trial of the three men accused of killing #AhmaudArbery. GBI Agent Jason Seacrist is being cross-examined by the defense. Watch live coverage here: https://t.co/mpKQ1GrIAn pic.twitter.com/5ayMcm6CUP

— Black News Channel (@BNCNews) November 15, 2021


Bryan, along with former cop Gregory McMichael and his son Travis, is accused of murdering Arbery on Feb. 23, 2020, after spotting Arbery running near the site of a home under construction in Brunswick, Georgia. The case, over which a prosecutor is indicted for alleged misconduct, has prompted so much outrage in Georgia and beyond that, although some 1,000 potential jurors were summoned, attorneys had a hard time seating 12 people who didn’t openly communicate a bias during voir dire. Only one seated juror is Black.

”I was aware that the media has spotlighted the story, yes,” Seacrist said at one point during testimony. Gough has also thrust himself in the limelight with racially insensitive remarks made during the trial on Thursday. He said at the time that noted civil rights leader and minister Al Sharpton’s presence in court would be allowed but that, “we don’t want any more Black pastors in here.” Gough has since attempted a pseudo apology for the remarks. “My apologies to anyone who might have inadvertently been offended,” he said in court on Friday.


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Rev. Jesse Jackson joined Arbery’s parents in court on Monday, the activist’s name also a part of Gough’s attempted banning of Black pastors.

Rev. Jackson just walked into the Glynn County #Georgia Courthouse with Marcus Arbery Sr. Ahmad Arbery’s father & Barbra Arnwine with the Transformative Justice Coalition. Cross examination of GBI SAIC Jason Seacrist, the state’s 14 witness, continues.https://t.co/prKfDCXNDx pic.twitter.com/lswYRluSbt

— Jason Morris (@JMOCNN) November 15, 2021

He said, speaking at St. Paul CME Church over the weekend, that the case is not only a matter of ethnicity. Jackson said, if we suppose the inverse were true—that three Black men were accused of murdering a white kid and a jury with only one white person was seated in front of a Black judge—to imagine the outcome of that case.

Rev. Jackson comments pt.2#AhmaudArbery case pic.twitter.com/cR1zrsG3dA

— Alex Belser (@AlexBelser) November 14, 2021

Race has been a focal point in social media discussions of the case, and it hovered over elements of the trial as well, specifically characterization of the victim as a jogger versus someone running out of fear of arrest. After the court returned from a 15-minute break, prosecutor Linda Dunikoski brought the court’s attention to a motion she filed to prevent the defense from being able to pounce on testimony from regular people that might get at Arbery’s intent in the Satilla Shores neighborhood the day of his death.

Sheffield up & arguing that Ahmaud's intent in the neighborhood that day is "irrelevant." Says the judge hasn't let them address it. (You know, other than calling him a burglar & carjacker almost every time they open their mouth, still w zero substantive objs.) #AhmaudArbery pic.twitter.com/IlKlegNRHW

— Serene ? (@MythSerene) November 15, 2021


The defense already parts from the prosecution on why Arbery was running in the community. Defense attorneys for the McMichaels and Bryan argued that the prosecution’s motion was irrelevant and that, while it is logically true Arbery could be an avid jogger, it’s also possible that on some occasions when he’s running or jogging, he’s doing it for reasons other than physical and mental health.

And there it is- RUBIN: "Of course we did file motions addressing Mr. Arbery being on probation as the alternative reason for his running." This trial is vile. On so many levels. #AhmaudArbery pic.twitter.com/X5LwZea8a9

— Serene ? (@MythSerene) November 15, 2021


Judge Timothy Walmsley took a short recess before continuing to discuss Dunikoski’s motion.

Walmsley asked about the specific witnesses who would be testifying, and the prosecution detailed how witnesses planned to testify to seeing Arbery running in the area, even at night, which led to Walmsley sharing his concern that two witnesses testifying about Arbery running wouldn’t be something that needs rebutting. Walmsley did add that there is a risk of opening the door to the defense bringing up Arbery being on probation in response to testimony from Ms. Flowers, so the prosecution took a break to update the witness.

When the court proceeded, Gough tried to have Jackson banned from court and asked, “How many pastors does the Arbery family have?” adding that he isn’t sure “who Rev. Jackson is pastoring.”
Gough said this is no different from police officers being present when a Black person is accused. “There is no reason for these prominent icons in the civil rights movement to be here,” the attorney said.
Walmsley responded: “Mr. Gough, at this point I’m not exactly sure what you’re doing.” The judge said he’s already given his ruling on pastors being in the gallery and it has not changed.

Monday, Nov 15, 2021 · 4:18:55 PM +00:00 · Lauren Floyd

Watch Gough vocalize his disapproval and the judge’s response:


Judge Walmsley tells Gough he's made his ruling & suspects that Gough is doing this now to continue on this... [controversy?] rather than bring to court's attn & he finds that "objectionable." Didn't know Jesse Jackson was even there. #AhmaudArbery pic.twitter.com/TjuD2xNeGc

— Serene ? (@MythSerene) November 15, 2021


The trial continued with the state calling Carol Flowers, a nurse and Brunswick resident who knew Arbery, to the stand. When the state showed a photo of Arbery unrelated to his death, weeping could be heard from the gallery, and the judge called for a brief recess.
When court continued, Gough made it a point to include in the trial’s record that Jackson’s mask was slightly below his nose. Defense attorneys went on to criticize the state’s inclusion of photos that to them don’t have anything to do with the case.
The judge reminded the gallery to refrain from any outbursts and turned his attention to Gough to again say the court’s position on the public being present has not changed. “I don’t have anything else to say about it Mr. Gough,” Walmsley said.
He invited Gough to file a motion.

Monday, Nov 15, 2021 · 4:21:42 PM +00:00 · Lauren Floyd

Gough formally moved for a mistrial, claiming that the presence of people in the courtroom deprives his client of a fair trial.

Monday, Nov 15, 2021 · 4:28:43 PM +00:00 · Lauren Floyd
The attorney went on to compare Black pastors to the mob. “This isn’t a mob case,” he said.

GOUGH gets worse, believe it or not. "I certainly don't mean to suggest that Al Sharpton or Jesse Jackson belong to a mob..." "If you testify in a mob trial, they might burn your house down. They're not going to burn your whole city down." WTAF? So sick of this. #AhmaudArbery pic.twitter.com/PBs8Rkzbx6

— Serene ? (@MythSerene) November 15, 2021


Both attorneys for the McMichaels said they were constrained to join the motion for a mistrial.

Monday, Nov 15, 2021 · 4:53:41 PM +00:00 · Lauren Floyd
Anne Kisler-Rao, a trace evidence technician with GBI who has more than 15 years of experience, was called to the stand. She testified that she was first asked to do a fiber analysis in the Arbery case, which involves comparing questionable fibers and comparing them to a known source such as an article of clothing.

Kisler-Rao explaining the different levels of fiber comparison. First stereomicroscopy to see if it's natural or synthetic... fluorescence, etc. #AhmaudArbery pic.twitter.com/9aqK6NkLsy

— Serene ? (@MythSerene) November 15, 2021


Monday, Nov 15, 2021 · 5:06:22 PM +00:00 · Lauren Floyd
Kisler-Rao testified that she was asked to do an analysis of material found under Arbery's armpit and it was found to be plant material. Gough questioned her about fibers coming from the driver’s side of a truck, and she testified they could have come from Arbery’s white t-shirt or another material with similar properties.

Kisler-Rao compared #AhmaudArbery's white t-shirt from ME w fibers submitted from GPD from "a truck" & they were consistent. pic.twitter.com/4WDnW7BBsh

— Serene ? (@MythSerene) November 15, 2021


Shortly after her testimony, the court began a one-hour recess for lunch.


Court resumed with the state calling Jesse Worley, a latent print examiner with GBI's crime lab for 14 years, to the stand. The state questioned her as an expert witness. She started with a description of friction ridge detail of the hands and feet and explained the GBI's process for establishing that a positive identification has been made between a latent print and a known source. In the Arbery case, Worley analyzed the latent prints of Bryan's wife Amy Elrod, Bryan and Arbery and concluded a positive ID for Arbery for two similar prints found on Bryan’s truck. Worley explained that no latent print is ever the same and there are always slight variations.

I said that last thing so wrong that I just deleted it, but here's Ms. Worley showing us what part of #AhmaudArbery's palm print was on the truck. pic.twitter.com/VKBOEp3iHa

— Serene ? (@MythSerene) November 15, 2021

Lawrence Kelly, a GBI special agent, took the stand next.

The state began with showing several videos detailing a timeline from Arbery entering the Satilla Shores community until his death. In one of the videos, Travis McMichael is shown raising a shotgun. Another video shows Arbery inside of a home under construction in the neighborhood, and still, another video isn’t shown for the public, but two gunshots can be heard sounding as it played.

Warning: Videos showed during the trial depict violence and may be triggering to some viewers.

The stabilized video, shown at half speed & taken from the full original, is by far the clearest we've seen. (This is probably what the jury saw in the opening, but we didn't.) Next is a high-contrast... TW⚠️#AhmaudArbery pic.twitter.com/oRsMSNTrhB

— Serene ? (@MythSerene) November 15, 2021


Ahmaud Arbery's path inside Satilla Shores from the video we have. I am so sad today. #AhmaudArbery pic.twitter.com/u3vhWNvzYu

— Serene ? (@MythSerene) November 15, 2021

Kelly said during testimony that a tip to GBI indicated Arbery was holding a hammer or another tool. Kelly said that was not true after reviewing video and still images of the video, and there are some 1,095 of them. Kelly said neither Bryan nor his wife could remember the password to their Night Owl home video surveillance system, so Kelly downloaded Bryan's videos.



Good God. The second w/ Greg McM's truck & Ahmaud is at the top & end. Wish we could see more, but it looks awful. #AhmaudArbery pic.twitter.com/vGw0KCE3A8

— Serene ? (@MythSerene) November 15, 2021

Brian Leppard, a firearm and tool mark examiner with the GBI, took the stand next. He was asked if he recognized a revolver that he was asked to analyze in the Arbery case, and he said he did. The gun, a Smith & Wesson 357 Magnum, had ammunition in it when Leppard analyzed it, but it’s been rendered safe by the sheriff's department for trial. Leppard also said he recognized a 12-gauge Remington shotgun provided in reference to the Arbery homicide.

Leppard identifies Ex/ 332; confirms for the courtesy of the Court this shotgun is unloaded. He IDs a 12-gauge Remington shotgun he received in reference to the homicide of #AhmaudArbery. There are also test fires he made and 12-gauge cartridges submitted w/the weapon @wsbradio pic.twitter.com/NOxfrxjjHK

— Veronica Waters (@MissVWaters) November 15, 2021

Leppard testified that he concluded in his analysis that the defects on the front of Arbery's shirt contained the presence of gunshot residue and "contact or near contact gunshot holes of entry."


Watch the trial live below:

YouTube Video

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