Posted on 05/10/2020 7:39:27 PM PDT by Widget Jr
It shows a man who appears to be Arbery entering and walking around a house being built. The men who killed Arbery told police they were concerned about break-ins.
They are in deep doo doo.
I don’t give a rats behind what he was doing. Those 2 idiots need to go to jail for a long long time.
Ahh, I was hoping you’d chime in, but not on spelling LOL
Ahh, I was hoping you’d chime in, but not on spelling LOL
Anything from Barnhill is suspect since he worked with the older McMichaels in the DA office
Barnhill is accused of cover up and now is investigated by the GBI
Please don’t post his corrupt garbage here, unless you label it as such.
Two potentially crucial fact issues: Aubery's reputation and record as to criminal misbehavior, violence, or hot-headedness, and his medication and substance use. If he had a criminal record for burglary, was inclined to be violent and hot-headed, and was on meth, the controversy would take a different course.
The first DA was their pal
McMicheal, the elder, worked in the DA’s office
The DA slow walked it and exonerated them because they were good friends.
That didn’t fly too well with the state investigators, he was suppose to refer the case to them if they knows the perps.
Two potentially crucial fact issues: Aubery’s reputation and record as to criminal misbehavior, violence, or hot-headedness, and his medication and substance use. If he had a criminal record for burglary, was inclined to be violent and hot-headed, and was on meth, the controversy would take a different course.
None of that matters to the court.
You don’t get a legal right to murder someone because they didn’t live a perfect life.
Sorry, no dice
McMichaels were playing cop here, they had no right to what they did to that man. Now he is dead and hopefully they server three decades in a cage.
They were guilty of stupidity in trying to chase a fleeing felon, rather than following at a distance.
The “jogger” was a burglar. Why do we just hear that he was a football player in high school, and hear nothing about what his current employment was?
While those "crucial fact issues" might count in the "Court of Public Opinion", they most certainly will not be allowed in a Court-of-Law to be presented to a Jury.
Only the immediate facts of incident are allowable and it is clear that the McMichaels were the initiators of the confrontation. A claim of self-defense evaporates in those conditions.
Aubrey's deliberate attack, clearly recorded on video, eliminates his presumption of "self-defense" and changes the event into "mutual combat".
A charge of "Involuntary Manslaughter" would likely result in a conviction. A charge of "Murder" most likely would result in an acquittal or mistrial.
The "jogger" was a felon, convicted of robbery, and was in violation of his parole. There was a warrant out for his arrest. Perhaps that was why he reacted so violently to the McMichaels confrontation.
And yes, I believe he was probably casing the neighborhood for possible burglary opportunities. That might not quite deserve a death sentence by any reasonable judgement. Although I bet the residents are happier that he won't be back.
If you have a link to that, send it over. Thanks.
he probably works there already
Yep
I think that most or all of that (if true) would come in to explain Aubery's motive or intent in the way he responded to an armed citizen's arrest, which Aubery reacted to with a physical attack that turned lethal against him.
Moreover, read carefully, most evidence codes permit character or trait evidence in criminal cases. For example, the much-copied Federal Evidence Code generally prohibits character and trait evidence in Rule 404, but with criminal cases being an exception in which "a defendant may offer evidence of an alleged victim’s pertinent trait." A similar provision in Georgia's evidence code also makes admissible "evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused."
Side note: The McMichaels are no bonded and (at the moment) GA is not conducting jury trials again until 2021.
Which Circuit do you practice in?
I gave up active practice due to major health problems. The interest in law remains though, tugging at my sleeve from time to time.
Well, God bless you. I hope your health improves.
Thank you.
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