J. Pete Theodocion, a lawyer for Mr. Bryan, mentioned that his shopper would have helped to pursue any one that was being chased down his road, no matter their race. “His instincts informed him folks don’t get chased like that, folks don’t get chased like that until they’ve carried out one thing mistaken,” he mentioned.
A.J. Balbo, a lawyer for Greg McMichael, famous that the police had on earlier events proven Mr. McMichael surveillance movies of Mr. Arbery inside a home below building close to the McMichaels’ residence. That meant Mr. McMichael acknowledged Mr. Arbery on the afternoon of Feb. 23, 2020, when Mr. Arbery ran previous him.
“When he’s in his driveway and he seems up, he could not have recognized Mr. Arbery’s identify, however he knew who he was,” Mr. Balbo mentioned of Mr. McMichael.
Mr. Balbo provided the jury a hypothetical: What if a Black man who didn’t appear like Mr. Arbery had run down the road that day — a 350-pound man, say, with a tall mohawk? Mr. Balbo contended that Mr. McMichael wouldn’t have chased after such a person.
Mr. Balbo additionally famous that there was no proof offered at trial that his shopper had used racial slurs, though he had made racially provocative statements. At trial, investigators famous that they had been unable to totally search Mr. McMichael’s encrypted cellphone for digital proof of previous conduct.
Notably, jurors within the case weren’t made conscious that Mr. Bryan had informed investigators that Travis McMichael had used a racist slur within the moments after he shot Mr. Arbery. That essential element, refuted by Mr. McMichael’s attorneys, was probably not launched as a result of Mr. Bryan exercised his Fifth Modification proper to not take the witness stand.
That, in flip, would have disadvantaged Mr. McMichael of his Sixth Modification proper to confront his accuser.