The defense attorney sparked an outcry when he objected to Rev. Al Sharpton and ‘Black pastors’ being in court to support the victim’s family
“I will let the court know that if my statements yesterday were overly broad, I will follow up with a more specific motion on Monday putting those concerns in the proper context. And my apologies to anyone who might have inadvertently been offended,” lawyer Kevin Gough said.
Gough created a furor Thursday when he decried what he saw as “a precedent … where we’re going to bring high-profile members of the African American community into the courtroom to sit with the family during the trial in the presence of the jury.”
“I believe that’s intimidating and it’s an attempt to pressure.” he said.
The judge told Gough he did not object to Sharpton taking the place of an Arbery family member as long as there were no disruptions.
Gough said Thursday he had “nothing personally against” Sharpton, adding, “We don’t want any more Black pastors coming in here or other Jesse Jackson, whoever was in here earlier this week, sitting with the victim’s family trying to influence a jury in this case.”
Testifying Friday morning was a police officer who was in touch with the man who owned a home under construction that has been a focus of the case.
The defendants are charged with malice and felony murder in connection with the killing. They also face charges of aggravated assault, false imprisonment and criminal attempt to commit false imprisonment. All have pleaded not guilty. If convicted, each man could face life in prison without the possibility of parole.
At Friday’s lunch break, Jason Sheffield, attorney for Travis McMichael, called Gough’s comment “totally asinine. Ridiculous.”
He added, “In no way, do we want to exclude anybody from this process.”
The other witness Friday is expected to be a special agent with the Georgia Bureau of Investigations.
Rash testified about his interactions with Larry English, the owner of the home under construction, and his response to calls of trespassing at the property.
Multiple calls about trespassing
Rash said he responded to at least three calls from English about trespassers on his property, although he was never able to locate the individuals the homeowner saw on his surveillance cameras. Rash said he talked to 10 to 20 people in the neighborhood as he attempted to find out who was entering English’s home and said he had no knowledge of Ahmaud Arbery stealing anything from the site.
According to Rash, in late October English sent him video of the individual entering his property. English told the officer he wanted the person found and wanted to know why he continued to come onto his property, the officer testified.
Rash talked to Gregory McMichael while responding to a call about another trespassing incident reported at the English home, just a few days before Christmas in 2020. The officer was aware of Gregory McMichael’s law enforcement experience and said he thought McMichael could be helpful as a “witness,” helping identify the person going into the home. McMichael asked the officer to pass on his contact information to English.
On February 11, 2020, Rash responded to a burglary in progress call in the neighborhood, called in by Travis McMichael. Body camera video presented to the jury showed both Travis McMichael and Gregory McMichael were present at the construction site while officers searched the area. Rash testified the call ended up being classified as a trespassing call.
At the beginning of the video, officers can be seen going into the dark home with their flashlights yelling “Glynn County Police” with their weapons drawn. The deputies had their guns out because dispatch had alerted them the person in the house may be armed, Rash said during cross-examination.
Later in the video, Gregory McMichael is heard telling Rash “Travis just walked down there; he’s going in from our back yard to check back this way. (OK) He’s armed by the way.”
Frank Hogue, Gregory McMichael’s defense attorney, showed the jury a text between Rash and Gregory McMichael where Rash told the elder McMichael to “please call him day or night when you get action on your cameras.”
Later, the state asked the officer, “Was it your intent to deputize them when you sent the message?” Rash responded “never,” adding the message was directed toward Gregory McMichael, not Travis McMichael.
Officer who talked with lot owner to testify
In English’s prerecorded deposition played Thursday in court, he said surveillance footage at his home under construction near Brunswick captured people several times in late 2019 and early 2020, and in some instances he called 911 about the intrusions. He was able to keep track of intruders via cameras he had installed around the home.
Defense attorneys contend their clients were trying to conduct a lawful citizen’s arrest of Arbery, whom they suspected of burglary after they and several neighbors became concerned about people entering English’s property.
English denied, when asked by prosecutor Paul Camarillo, that he ever authorized the McMichaels to confront anybody on the construction site.
English appeared unable to recall many of the situations he was asked about and only provided short answers to most. The state played video recorded from his home surveillance system and the associated calls he made to the police.
English also testified he had only met Travis McMichael once, and had at least one conversation with Gregory McMichael before the shooting occurred and also talked with him afterward.
Camarillo asked English whether he had told the McMichaels about any incidents at his house.
“Probably. But I’m not sure,” English answered.
Arbery’s family has said he was out for a jog when he was shot and killed.
What justice means to Arbery’s family
In Georgia’s majority-White Glynn County, where the trial is taking place, race has played a central role in the case.
Arbery’s mother expressed her astonishment at Gough’s comments about Sharpton, telling CNN she was “very surprised to know that he frowned upon anybody, any pastor that would come in to sit with the family, to keep us encouraged.” Wanda Cooper-Jones added she felt it was just very “insensitive” and “also very, very rude.”
In the judge’s order for clarification, he addressed guidance on courtroom seating, stating “families of the victim and those of the Defendants shall have priority…. lf it is apparent that additional seating is available for the public then seats will be allocated on a first come basis.”
Also speaking on CNN, S. Lee Merritt, the Arbery family attorney, said the defense attorney has been filing “bizarre motions” and he is “concerned the makeup of the jury will impact the outcome of the trial.”
“This attorney is talking about the influence of just one Black juror after they used 11 of their 12 strikes to go after the remaining 11 Black jurors in this case. So we know that these attorneys are attempting to change the outcome by relying on old racial discrimination tactics that have denied a lot of families in the South,” he said.
Arbery’s mother says she is anxious when she sits in the courtroom every day, but she wants justice for her son.
“Justice for Ahmaud looks like everyone who was involved, the three individuals that sit behind those tables in the courtroom, but also the DA’s that mishandled the case very early on, every hand that was involved in the death of Ahmaud, I want them brought to justice,” she said.
“Don’t let no racial bystander stop your dream. Keep dreaming and keep pushing for your dreams… You know you got a whole life ahead of you to dream of what you want, and if you try to keep pushing to those goals those dreams going to come true,” Marcus Arbery said.
