Defense to begin after prosecution rests in the trial over Ahmaud Arbery’s killing

And following a long and contentious jury selection process, Judge Timothy Walmsley said the defense had appeared to be discriminatory in selecting the jurors but allowed the case to go forward — with only one Black member on the 12-person panel.

The defendants pleaded not guilty to malice and felony murder charges, and counts of aggravated assault, false imprisonment, and criminal attempt to commit a felony.

One of the defendants testified Tuesday

Prosecutors rested their case following eight days of testimony and 23 witnesses.

Jurors heard Tuesday from Georgia Bureau of Investigation forensic pathologist Dr. Edmund Donoghue, who detailed Arbery’s injuries from the shooting. Donoghue had performed Arbery’s autopsy last year and stated in a report that two shots struck Arbery in the chest. He said Tuesday that nothing could be done on scene to save Arbery’s life after either of the torso wounds.

Thirteen shotgun pellets exited Arbery’s back, and 11 more were recovered from his wounds, the report says.

Without the jury present on Tuesday, Bryan testified about the conditions of where he has been held since he was arrested last year, as part of his defense’s reconsideration motion regarding a speedy trial. Bryan said he was being held at a protective unit at the jail with limited access to showers and outside recreation and that he has been living in fear due to the pandemic.

Judge Walmsley denied the motion.

After proceedings ended, Arbery’s mother said she was pleased with the case the state offered and was “very anxious” for the defense’s presentation.

“The (state’s) legal team presented a very strong case. They were able to give very detailed information on what accurately happened to Ahmaud on the day he was murdered,” Wanda Cooper-Jones said.

Asked about the challenge of listening to the defense present its case, Cooper-Jones said that it will be difficult but that she will stay focused on the case the prosecution presented. “I think I will be OK,” she said.

Contentious objections from defense over Black pastors’ attendance

Attention at times during the trial has focused on an area distinctly out of the ordinary from many murder trials: the public gallery.

Kevin Gough, the attorney for Bryan, apologized last week for arguing “we don’t want any more Black pastors coming in here” to potentially influence the jury after the Rev. Al Sharpton joined Arbery’s parents and held their hands to pray together during a break in court proceedings last week.

“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 — could be consciously or unconsciously — an attempt to pressure or influence the jury,” Gough said in court Thursday.

On Monday, with the Rev. Jesse Jackson in attendance, Gough again complained over the presence of high-profile Black pastors in the courtroom.

“How many pastors does that Arbery family have? We had the Rev. Al Sharpton here earlier last week … I don’t know who Mr. Jackson, Rev. Jackson, is pastoring here,” Gough said.

“Your Honor, I would submit with all respect to the Rev. Jesse Jackson that his is not different than bringing in police officers or uniformed prison guards in a small town where a young Black man has been accused of assaulting a law enforcement officer or corrections officer,” Gough said.

Appearing bothered by the defense attorney’s repeated requests, Judge Walmsley said, “Mr. Gough at this point, I’m not exactly sure what you’re doing. I have already ruled on this court’s position with regard to the gallery and with all candor, I was not even aware that Rev. Jackson was in the courtroom until you started your motion.”

The judge said the court’s position had not changed as long as no one in attendance caused any disruptions. “It’s almost as if you’re just trying to continue this for purposes other than just bringing it to the court’s attention,” Walmsley said.

Prominent Black pastor and social activist the Rev. William J. Barber II, who was in Brunswick last week, said he left a member of his organization there to be with Arbery’s family and called Sharpton to have more ministers come down in the coming days.

“He can say whatever he wants to,” he told CNN in reference to Gough’s comments. “He has to understand, for me, I’m not a minister; I’m a pastor first. I pastor people. I’ve had to go to families when they’ve had people killed and I sit in courtrooms.”

A local group, the Better Together Coalition, is expected to hold a prayer session outside the courthouse Wednesday morning.

Jackson has said he plans to attend court proceedings throughout the week in support of Arbery’s family, and Sharpton has called for a march and rally outside the courthouse Thursday.