Demands for Arbery murder trial: No photos with family, no BLM shirts, and don’t call him ‘victim’
"By now, most of America has viewed a photograph of Ahmaud Arbery, alone, dressed in a tuxedo, with a beautiful smile," his alleged killers' attorneys say in the motion.
(CNN) — Lawyers for the father and son charged with murder in the death of Ahmaud Arbery are asking that Arbery not be called a “victim” in the trial because they say it would be prejudicial, according to one of several motions they filed in recent days.
“Use of terms such as ‘victim’ allows the focus to shift to the accused rather than remain on the proof of every element of the crimes charged,” the attorneys for Gregory and Travis McMichael wrote in a motion filed December 30.
Arbery, a 25-year-old Black man, was out for a jog near Brunswick, Georgia, on February 23, 2020, when the McMichaels chased him in their truck and Travis shot him after the two struggled, authorities have said. Both men pleaded not guilty to malice and felony murder charges, and counts of aggravated assault, false imprisonment, and criminal attempt to commit false imprisonment.
Among the other requests in motions filed by the defense team:
• Only one photo of Arbery shall be displayed in court, and it shall be one in which he appears by himself, rather than with family members or friends. “By now, most of America has viewed a photograph of Ahmaud Arbery, alone, dressed in a tuxedo, with a beautiful smile. … Thus, ‘every effort’ to find a photograph of Mr. Arbery depicted alone should be easily accomplished,” the motion says.
• A witness other than a family member shall identify the photograph of Arbery in court. The motion cited a previous ruling that said allowing a family member to make the identification creates the risk of a prejudicial “emotional outburst.”
• The court shall forbid spectators in the trial from wearing facemasks or t-shirts with “Black Lives Matter,” “I can’t breathe” or similar slogans marked on them, as some did, they say, during previous proceedings in the case. “Once inside the courthouse, the sanctity of the defendants’ right to a fair and impartial trial trumps the First Amendment,” the motion states.
Other motions the attorneys filed on December 30 and 31 ask the court to order the prosecution to turn over all records relating to “Arbery’s disciplinary, criminal, and mental health records” and the contents of his telephone records and social media accounts, and exclude from evidence all recorded jail calls made by the McMichaels while they were held in the Glynn County Detention Center.
After the shooting, Gregory McMichael was heard saying on police body camera video that he and his son chased Arbery because they suspected he was responsible for previous thefts in the neighborhood.
William “Roddie” Bryan Jr., who recorded video of Arbery’s death, allegedly joined the McMichaels in the chase and hit Arbery with his truck. Bryan has pleaded not guilty to charges of criminal attempt to commit false imprisonment and felony murder.
All three men, who are White, are being held without bond.
The-CNN-Wire
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