‘Black pastors’ shouldn’t be in court: attorney

November 11, 2021
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BRUNSWICK, Ga. — A tense discussion broke out Thursday during the murder trial of three white men charged in Ahmaud Arbery’s killing when a defense attorney said the presence of “high-profile members of the African American community” may pressure or intimidate the jury.

Defense attorney Kevin Gough, who represents William “Roddie” Bryan, took issue with the Rev. Al Sharpton’s presence in the courtroom the day before.

“If we’re going to start a precedent, starting yesterday, 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 … or influence the jury,” Gough said.

Sharpton and civil rights attorney Ben Crump, who represents Arbery’s father, listened to testimony Wednesday after holding a press conference and prayer vigil outside outside, where Sharpton called Arbery’s killing “a lynching in the 21st century.”

Sharpton, who said he was invited to Brunswick by Arbery’s parents, raised concerns about the makeup of the jury failing to reflect the Black populationof Glynn County.While more than a quarter of Glynn County residents are Black, just one of 12 jurors is Black.

The jury in the trial over Ahmaud Arbery’s killing:What we know about them.

Gough argued he was worried about “political interests” entering the courtroom.

“Obviously, there’s only so many pastors they(the family) can have,” Gough said, adding, “We don’t want any more Black pastors coming in here, or any Jesse Jackson or whoever was in here earlier this week.”

Prosecutor Linda Dunikoski said she was unaware of Sharpton’s presence and did not take issue with it. “It’s a public courtroom,” Dunikoski added.

Gough, in response, appeared to reference the founder of Kentucky Fried Chicken.

“If a bunch of folks came in here dressed like Colonel Sanders with white masks, sitting in the back, I mean that would be —” Gough began to say before the judge cut him off.

Gough stopped short of making a formal motion to bar anyone from the courtroom, and Judge Timothy Walmsley indicated he would not grant one if he did.

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Ahmaud Arbery:Greg McMichael didn’t know if Arbery had a gun, but ‘I don’t take any chances,’ he told police

“The fact that nobody even noticed that (Sharpton) was in here means that everybody complied with this court’s rulings,” Walmsley said, adding, “I’m not going to blanketly exclude members of the public.”

Defense attorney Jason Sheffield, who represents Travis McMichael, said he was aware of Sharpton’s presence but that Sharpton was “not a distraction.”

Representatives of Sharpton, Jackson and Crump did not immediately respond to requests for comment.

Thursday marked the fifth day of witness testimony in the trial. Father and son Gregory and Travis McMichael and their neighbor, Bryan, are charged with murder and other crimes in Arbery’s death. Travis McMichael fatally shot Arbery on Feb. 23, 2020, after a neighbor spotted Arbery at a house under construction and the three men got in trucks to pursue him.

Defense attorneys have presented a picture of a “neighborhood on edge” and a father and son who believed Arbery had been seen on surveillance footage entering the construction site. 

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Prosecutors have argued the defendants had no evidence Arbery committed a crime.

On Thursday, prosecutors played a recorded video deposition from Larry English, who owned the construction site in the Satilla Shores neighborhood. The September recording included a series of surveillance videos from his property and 911 calls starting in October 2019.

English told prosecutors he was building a second home at the site while living about two hours away. He set up motion-activated cameras that would alert him on his phone to any activity. From Oct. 2019 through Feb. 2020, English called police several times to report a white couple and a Black man on the site.

English said he gave permission to a neighbor to confront people on the property but that he never gave permission to the McMichaels.

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