Greg and Travis McMichael:
Hear Their Side
The Trial
If you’re new to the website, I
urge you to consider checking out https://www.mcmichaeltrial.com/narratives/default.html
and
https://www.mcmichaeltrial.com/politics/default.html before
continuing here. These
pages may be helpful in explaining what led to the arrest and
subsequent prosecution of Greg and Travis.
On another note,
Greg and Travis’ state trial lawyers fought with every ounce of
their being. Unfortunately, efforts to raise funds to aid in the defense were
shuddered by most platforms, including Go Fund Me and Facebook.
These platforms viewed raising money to defend Greg, Travis,
and Roddy as “too controversial” and shut down our efforts.
While I was forced to cash in my retirement
account, deplete my savings, ask for help from friends and family,
and receive contributions from strangers who believe Greg and
Travis are innocent, the amount raised while much appreciated was woefully
inadequate. Especially
when you consider the fact that Ahmaud’s mother, Wanda Jones,
received at least TWO MILLION DOLLARS
within five months of Greg and Travis’ arrest as a result of at
least one fundraising effort. I strongly believe there was much more raised and given to
the Arbery family, but I will share with you a screenshot from a
Facebook post that initially appeared on a website called the “2:23
Foundation” and posted to Facebook on September 6, 2020.
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2:23 Foundation posting |
I admit that I had never heard of Give Send
Go [GSG] until after the state and federal trials ended.
GSG doesn’t discriminate against any person or cause, and the
following is copied directly from their website: “The most valuable
currency is God’s love. Only God can meet the deepest needs of each
heart. That’s why we’re grateful to have individuals and
organizations dedicated to praying over our campaigns. We pray for
eternal results because those are ultimately the only outcomes that
matter. The God we serve will ALWAYS be bigger than money.”
GSG is my only hope at present of acquiring the money needed to fully pay the remaining expenses of just under $70,000 from the state trial and to obtain seasoned appellant lawyers to fight to overturn the unjust verdicts in this case. I ask anyone who is able to please consider donating to this cause. Simply go to https://www.givesendgo.com/McMichaeldefense to contribute.
While this page is titled “The Trial,” my intent is to
provide the reader with information supporting the biased and
unfairness of the events and atmosphere before, during, and after the
trial. I plan to share actions, events, behavior, and court rulings
that I now know were designed to make my husband and son political
throw-aways in what has become a never-ending endeavor by extremists
to divide this once great country.
No, I don’t believe the McMichael family was
targeted as part of some grand conspiracy.
I do believe, however, that Greg and Travis and, to a lesser
extent, my daughter and myself were victims of a social movement
that may have once had righteous intent, but quickly unraveled with
the aid of unscrupulous politicians, radical groups, and even to many
formerly decent and fine Americans who were once committed
to the American dream of life, liberty, and the pursuit of
happiness.
Unfortunately, many of these people who came
from differing social and economic backgrounds and of every race
imaginable have often cowered away from doing the right thing.
Instead, most people today live in fear of being viewed as a racist
if they have an opinion that differs from the radical left.
Who among us doesn’t know someone that has
been criticized, threatened, shamed, or “cancelled” for the crime
of having an opinion.
Once a First Amendment right,
now a non-conforming opinion will almost surely subject you to
ridicule, harassment, threats, and all manner of vitriolic conduct by
people hiding behind anonymous social media profiles.
The threat of physical
violence by cowards sitting at a computer keyboard has led lifelong
friends and loved ones to shun my family since the day the shooting
video was aired. I wish
I had a nickel for every time that a friend, neighbor, co-worker, or
even a family member has privately offered support, only to follow
up the offer with the single word: “but. . .”
They then tell me of
their fear of being ostracized if anyone found out they were
friends or acquaintances of the McMichael family.
Many of the readers here may understand when
I bring up the downward spiral this country has experienced since the love,
unity, patriotism, and resolve that nearly all shared after the
attack on September 11, 2001. Think about it: how low we’ve gone
since the unity this great country found in the days, weeks, and
years after the deadliest attack ever on American soil.
Today, 21 years later, Americans are more divided than ever
before.
I watched firsthand as good and honest
men were labeled overnight as racist murderers and tried and
convicted in the court of public opinion.
Greg, Travis, and Roddy were found guilty in Glynn County
Superior Court on November 24, 2021, but the truth is these men had
already been
convicted by the media when Greg and Travis were
arrested with great fanfare at our home on May 7, 2020.
Roddy’s arrest would follow a few days later, but he was
also declared guilty at the time of the arrest of my husband and son.
Greg’s many recognized qualities
of integrity,
honesty, trustworthiness, loyalty, generosity, and kindness are well
known to
his friends and co-workers.
He spent 30 years serving his community with honor and
distinction. His
personnel file spanning over 40 years of public service did not
contain a single citizen complaint.
Yet, his entire life’s work and reputation would be destroyed
and forgotten by the short video clip depicting him being led from
our home in handcuffs.
Likewise, Travis, a young father
of a
three-year-old son, had done remarkable things in his short life.
As a teenager working in the summer as a lifeguard,
he had once rescued a drowning African-American child. Travis enjoyed an exemplary career serving in the U.S. Coast
Guard where his military record is replete with awards, letters of
recognition, and excellent evaluations.
After an honorable discharge, Travis earned a top-secret
security clearance and began a career with a civilian contractor
working at Kingsland Naval Base, one of the most secure naval
facilities in the world.
Like my husband's, my son’s life and many good deeds were totally
extinguished with his televised arrest, which was accompanied by a public
narrative that remains the driving force behind keeping these fine men
confined to solitary prison cells today.
Today, my husband and son
have been labeled racist murderers.
Both were arrested, tried, convicted, and given what is tantamount
to a death sentence. And
for what? All the lies and
drama aside, these two men went out on February 23, 2020, with the
sole intent of helping their neighbors, friends, and police learn the identity of a man who
had repeatedly terrorized some of
these same people in the days and months before that terrible
afternoon. This is the
absolute and complete truth, and I ask that you please consider it
as you read forward.
So that this
trial page can flow in an order that minimizes reader
confusion, I am going to lay out events in chronological order
beginning with the arrest of Greg and Travis.
I apologize if some of the following is redundant or already known to the
reader, but I’m trying to detail as much as possible to enlighten
those who remain open minded and willing to listen to
another side before rushing to judgment.
DISCOVERY
Before continuing with the trial timeline, I
think it’s important to share with the reader a little information
on the discovery process for criminal matters.
Discovery is generally defined as the exchange of information
and evidence by the state and defense. The free exchange of
information is supposed to help provide a fair trial to anyone charged
with a crime.
Georgia and Federal law mandate the prosecutor, or district attorney, voluntarily share evidence or results of their investigation with the defense following an indictment.Often called the "Brady rule,” this requirement originally came from the U.S. Supreme Court’s 1963 decision in Brady v. Maryland. Later court cases have made the rule even stronger, requiring prosecutors to turn over evidence even if the defense hasn’t requested itand even if the prosecutors claim they didn’t know it was in their files.
A “Brady violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes.
Everyone has the right to due process and a fair trial.
Because of that, when the government has evidence suggesting
a person is either not guilty or deserves a lower sentence, the
prosecutor has an obligation to disclose that evidence.
Please keep the Brady rule in mind as you read about the case going forward. In addition, all court filings related to the state case against Greg and Travis can be accessed at the Glynn County website:
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State of Georgia vs. Travis McMichael |
ARREST – MAY 7, 2020
Greg and Travis were arrested in a “staged media event” at our home on
the evening of May 7, 2020. Greg
was handcuffed and led away by none other than Glynn County Sheriff
Neal Jump. GBI Agent
Richard Dial cuffed and led Travis away.
Multiple news crews were on hand with more than twenty
heavily armed law-enforcement officers from state, federal, and local
agencies blocking the roadway and surrounding my home.
Each officer was clad from head-to-toe in tactical gear and
armed with every type of firearm imaginable.
Greg and Travis offered no resistance, but their arrests
would play out on television networks around the world from that day
forward. Coincidentally, this would be the last moment that Greg and Travis
were free men.
Fig. 1. Greg and Travis arrested.FIRST APPEARANCE HEARING –
MAY 8, 2020
Georgia law requires that someone accused of a felony appear before a judge within 72 hours of his arrest. This is often called a “first appearance hearing,” and this hearing is almost always held by a judge in the venue where the crime(s) are alleged to have occurred. Some larger jurisdictions have judges from other courts reside over first appearance hearings, but most Georgia venues, including Glynn County, let the duties fall upon the Magistrate Court. Regardless, the judge presiding over the first hearing does most of the talking and is required to address each of the following:
- Explain the charge(s) against the accused, usually by reading the actual warrant(s);
- Explain the accused’s constitutional rights, including right to a lawyer of his or her choosing;
- Detail the right to a court-appointed lawyer if the accused cannot afford to hire a lawyer and the procedure to follow if requesting the court appoint a lawyer;
- Make a judicial determination whether probable cause exists that a crime has been committed;
- If the court determines sufficient probable cause exists, the court may consider and determine a bond and other terms and conditions associated with releasing the accused while he or she awaits trial.
Some felony charges, murder being one such crime, preclude a judge at the first appearance hearing from setting a bond. In this case, the court did not consider bond, deferring instead to Superior County Judge Timothy Walmsley who would be assigned to the case after local judges recused themselves.
PRELIMINARY HEARING – JUNE
4, 2020
A preliminary hearing is often used by
defendants and their attorneys to get a glimpse of the case and see
what evidence may exist. The downside of a preliminary hearing is that the normal rules of
evidence are essentially tossed out the window. For example, hearsay is admissible, and you’ll see below how
extensively it was used against Greg and Travis.
Non-legal opinions are often tossed around, and the court’s
sole objective is to decide if probable cause exists for the case to
move forward to the Grand Jury.
Fairness has no part in a preliminary hearing, but the
defense often asks for this hearing so they can see some of the
evidence that the state claims supports the charges against their
client. Otherwise,
defendants and their attorneys are often relegated to waiting for
months until the case is brought before a grand jury and discovery is
required pursuant to the Brady rule.
The preliminary hearing was held in Glynn
County and was the result of a request filed by counsel for Greg,
Travis, and Roddy. This
hearing was the first of what would become gavel-to-gavel televised
coverage of the case going forward. Major television networks and their affiliate stations
jockeyed for access to stream coverage in real time, while print
reporters, freelance journalists, podcasters, and others rounded out
the intense news coverage.
Every word uttered, every facial expression was cast out to
the world in real time.
Social media sites lit up with hundreds, if not thousands, of
opinions from armchair detectives, prosecutors without law degrees,
and wannabe judges sitting in recliners at home and wearing bathrobes.
And nearly all carried with them the preconceived notion
driven by the mainstream media: “Black Jogger murdered by white
vigilante racists in a predominantly white neighborhood”.
Greg and Travis sought their constitutional
right under the 6th Amendment of the U. S. Constitution
to be present during the hearing and to face their accusers.
However, in what would be the
first of several similar rulings, the judge ruled that COVID
protocols trumped the rights of the accused, and they were relegated
to watching the hearing via remote access from the Glynn County Jail.
Some might see this as a minor point not important to the
outcome. I beg to
differ. Can you imagine
being charged with a crime that could and ultimately would sentence
them to life in prison without parole, all while having to
watch the case unfold on a TV monitor and with no means of
communicating with your lawyers in real time?
In a surprise move, Roddy’s
lawyer, Kevin Gough, announced at
the outset of the hearing that Roddy was waiving his right to attend
and would not be in the room at the jail watching and listening to
the case unfold with Greg and Travis. I recall our defense investigator, Lee Wilson, leaning over
and telling me that Roddy’s waiving his attendance didn’t make
sense.
After all, Roddy, like Greg and Travis, was charged with
murder, and you would think that he would demand to participate in
every court event.
Moments later, Roddy’s reason for waiving his appearance would
become abundantly clear.
Agent Dial was the state’s only witness at the preliminary hearing, and he let loose with all manner of personal opinions, countless statements of hearsay, and the most damning accusation of all: that Travis stood over Ahmaud in the seconds after the shooting and used the “N” word. Agent Dial smirked as he testified that Roddy made this utterly false claim during his fourth and last interview. The hearing was live-streamed to audiences around the world, and Agent Dial’s unsubstantiated testimony was, in my opinion, the linchpin that sealed Travis and Greg’s fate from that point forward. The clip of Agent Dial’s testimony can be viewed below.
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Clip of Agent Dial’s testimony |
Greg, Travis, and their lawyers correctly
surmised that Roddy recognized that his statement to Agent Dial
would be put forth at the hearing, and he evidently decided it best
he waive his presence. Travis’
face told the story when he heard Dial testify to Roddy’s statement.
Knowing my son since birth, I saw surprise, shock,
frustration, helplessness, and anger at the same instance.
In retrospect it was a brilliant move by Roddy and his
attorney to waive his presence. While
I find it despicable that Roddy would lie about my son to try to
save himself, Travis would later be more charitable and forgive him as the
case moved on.
Today, we know that Roddy saw the handwriting
on the wall during that final interview and must have done a “Hail
Mary” in what would be a last-ditch effort to save himself. Roddy’s attempt at self-preservation failed, and he was
arrested the day after his final statement to the GBI.
For those who don’t recall the specific
timeline of events, Ahmaud’s family and their team of lawyers turned
their attention to demanding Roddy’s arrest and prosecution during the
two weeks after Greg and Travis were jailed.
Roddy was arrested on May 21, 2020, the day after his
desperate attempt to stave off an arrest.
Some will remember that Kevin Gough had
previously declared Roddy a “star witness” for the state in the interviews Mr. Gough gave the media before Roddy was arrested.
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"Man who recorded the fatal shooting of Ahmaud Arbery has been arrested, GBI says" |
This unsupported and utterly false statement
that Travis stood over Ahmaud and used a racial slur added high-grade fertilizer to the false narrative that Ahmaud was killed by
white racists for simply being a Black man jogging in a white
neighborhood. The public
belief that Travis committed what would have been a vile act if true is
still in the forefront of why many believe my men are guilty.
For example, our defense investigator, Lee
Wilson, shared with me that he spoke to a member of the Georgia
Republican party less than three weeks before the one-year
anniversary of the Glynn County jury finding Greg, Travis, and Roddy
guilty. This
official attributed the guilty verdicts to the widely shared belief
that Travis stood over Ahmaud and spewed a racial epithet.
Lee explained to the man that this was another falsehood that
has permeated the public’s belief since the early stages. Most concerning is the fact that in his
role in the Republican party, the official has frequent interactions with Governor
Brian Kemp. He told
Lee that in the weeks following Greg and Travis’ arrest, Governor
Kemp discussed the case and expressed his belief that Travis stood
over Ahmaud and used the N word. There are countless other incidents where we’ve been
questioned about Roddy’s statement to the GBI, and it is clear this
belief is widely held.
The logical question is how we can say with certainty that Travis DID NOT stand over Ahmaud and use the N word or any other racial epithet. Well, besides the fact that Travis has vehemently denied doing so, below are a few of the facts and supportive evidence that prove Travis did not use a racial epithet or taunt Ahmaud in any way.
Greg was on the phone with 911 at the time of the shooting, and the phone line remained open and recording for over 4 minutes after the shooting ended and long after the Glynn County PD arrived on the scene. The phone remained on top of the toolbox in the bed of Travis’ truck during this time. Roddy stopped his truck behind Travis’ truck, and Ahmaud came to rest in front of Travis’ truck. The following is a link to the 4 minute, 45 second, 911 call as described above.
911 Call Law enforcement arranged to have the 911 call analyzed by audio experts with the GBI, FBI, and the Regional Organized Crime Information Center (ROCIC) for evidence that supported Roddy’s allegation. The best-trained audio experts in law enforcement with the aid of the most sophisticated audio-enhancing equipment and software could not substantiate Roddy’s statement to the GBI.
Because the case remains under appeal, I cannot release the lab results from the audio enhancement, but I can tell you with complete certainty that the enhancement work failed to pick up any use of the N word by Travis or anyone else.
Roddy’s truck windows were closed during the time he videotaped Ahmaud. Roddy would discuss in multiple interviews that Ahmaud tried to force his way into the driver’s door of Roddy’s truck, but the door was locked and the windows were closed.
Roddy acknowledged a hearing deficit resulting from years of listening to rock music at elevated decibels.
GCPD Officer Minshew arrived on the scene less than 30 seconds after the final shot. The patrol car video of Minshew’s arrival does not show Roddy or his truck, but does depict Ahmaud, Greg, Travis, and Travis’ Ford truck in the background. Roddy’s truck is obscured by Travis’ truck. To be sure, Roddy was still seated in his truck with the windows closed.
Fig. 2. Officer Minshew arrives.Travis and Greg’s defense team arranged to have a reconstruction expert determine the distance between Roddy’s truck and where Ahmaud fell, in the event that the state alleged at trial that Travis used a racial epithet. The 3D model video of the scene thus created showed that a distance of 91 feet separated Roddy from Ahmaud. It can be viewed here:
3D model video
Those who wish to read Agent Dial’s repulsive and false testimony as he regurgitated Roddy’s interview to the GBI can access the preliminary hearing transcript.
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Preliminary hearing transcript |
GLYNN COUNTY GRAND JURY –
JUNE 24, 2020
In the height of the COVID pandemic when
businesses were shuttered, courthouses locked, and the world was in
a state of uncertainty, the Cobb County DA assigned to prosecute
Greg, Travis, and Roddy found a way to bring the Glynn County Grand
Jury together for the sole purpose of indicting these three men.
I am unaware of another case presented to a Grand Jury in
Glynn County or throughout the State of Georgia during the summer of
2020. Yet, this case was
not only presented to a local Grand Jury, but on the same day, then-Cobb DA Joyette Holmes stood shoulder-to-shoulder with her
assistants, GBI officials--including Agent Dial--and others to
announce the indictment to the world during a prepared and televised
media event.
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Indictment |
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Former DA Holmes’ announcement |
BOND HEARING – NOVEMBER 6, 2020
I’m not going to belabor what took place at
the bond hearing beyond noting that Greg and Travis met all the
required elements to be considered for bond.
Remember, an accused is “innocent until proven guilty beyond
a reasonable doubt.”
Several friends and acquaintances testified at the hearing and
offered to put up property as bond for Greg and Travis.
These same friends and acquaintances were attacked
unmercifully on social media. Some
were threatened with bodily harm by the many cowards posting
anonymously while the hearing unfolded. The likelihood of the accused re-offending if released on
bond was nil. Nothing in Greg's or
Travis’ history gave any credence to this concern.
Most disturbingly, the state again used
Roddy’s statement alleging Travis stood over Ahmaud and uttered a
racial epithet in support of their opposition to bond.
While one could argue that the state didn’t know that Roddy’s
statement was false at the hearing on June 4, 2020, they didn’t have
that luxury at the bond hearing.
By then, they knew the open audio line enhancement failed to
support that allegation. They had
also taken their own measurements and knew, or should have known,
that Roddy was seated in his truck with the windows rolled up,
parked 91
feet away when he claimed to have heard Travis use the N word while
standing over Ahmaud.
Judge Walmsley issued a factually flawed ruling denying Greg and Travis bond on December 11, 2020.
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Bond denial order |
In response, Frank Hogue, Greg’s lawyer, crafted a brilliant Motion to Appeal Bond and sent it to Judge Walmsley for his consideration. Georgia judges have broad discretion in granting pre-trial appeals motions and not surprisingly, Judge Walmsley, sat on the Motion and never ruled. Frank’s Motion is a great read, and you can see it here:
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Motion to Appeal Bond |
PRETRIAL MOTION HEARINGS
There were several pretrial hearings to address motions filed by the state and the defense in this case. All of the pretrial motions, court rulings, post-trial filings, etc., can be accessed at the Glynn County Clerk of Court website.
I didn’t keep a tally of the win-loss ratio based on the court rulings, but I’m confident in saying that Judge Walmsley ruled against the defense in nearly every defense motion filed. Here’s a sample of the evidence that Judge Walmsley ruled was inadmissible and could not be brought forth for the jury to consider:
- Ahmaud’s history of arrests and convictions, much of which we’ve detailed here.
- Ahmaud’s documented history of mental illness. Ahmaud, as documented on the timeline page of this website, had been diagnosed with Schizoaffective Disorder. Furthermore, Ahmaud was not being treated for his mental illness on February 23, 2020, when he charged Travis and struggled for control of the shotgun. The Judge’s decision to keep this out of the trial essentially meant that the jury could not hear medical evidence from a defense expert in the field of forensic psychiatry that Ahmaud’s actions in charging Travis and fighting for control of a shotgun would not be unexpected from someone suffering Schizoaffective Disorder.
- The Court ruled against the defense and would not allow us to present a firearms expert to explain Travis’ actions in handling the shotgun, weapon retention, etc., was consistent with his training and experience while serving in the U.S. Coast Guard.
- The Court ruled that the defense could not present evidence to show that the Satilla Shores neighborhood and adjacent Royal Oaks neighborhood had lived under the perception of crime being out of control in the months before Ahmaud’s death. Police reports, 911 calls, social media posts, and the like supported the fact that neighborhood residents were in a constant state of fear, in part because of the videos of Ahmaud seen snooping around the English property. Records would show a dramatic drop in 911 calls for police services to these neighborhoods following the tragic events of February 23, 2020.
TRIAL – OCTOBER 18, 2021 – NOVEMBER 24, 2021
Jury selection began on Monday, October 18,
2021. Prior to jury
selection, the court had the Glynn County Clerk send out 1000
JURY SUMMONS to prospective jurors along with
a court-approved questionnaire that each prospective juror was asked
to complete and bring with him when they arrived for the selection
process.
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Juror questionnaire |
It was our hope that out of 1000 prospective
jurors, we could find 12 jurors and 4 alternates who would enter the
trial with an open mind, listen to the testimony, and weigh the
evidence before rendering a verdict.
While this is a grand premise, reality proved to be far
different.
Understandably, all the prospective jurors
were referred to by numbers throughout the selection or “Voir Dire”
process, and those selected to serve remained anonymous throughout
the trial. However,
basic identification information of each juror was provided to the
prosecutors and defense attorneys a few days before jury selection
began. The court
provided clear instructions warning the parties not to identify the
prospective jurors. The
limited information allowed our small, underfunded defense team to
do some preliminary vetting that would prove beneficial during
selection.
Many of the media reports on the jury
selection process focused on the defense’s striking of
African-Americans from the jury pool. Judge Walmsley even called out the defense as using race to
strike jurors even though he would subsequently agree that we used
race neutral reasons for every juror we struck from the panel.
Let me tell you what was not mentioned by the media about the jury selection process. First, Wanda Jones’ attorney, Lee Merritt, posted on one of social media accounts during jury selection to remember this phrase, “I can be fair.”
Fig. 3. Lee Merritt to prospective jurors: Remember the phrase "I can be fair."
Lee Merritt appeared on TV networks nightly
throughout the jury selection and stoked the flames by using race at
every juncture. The fact that he admonished prospective jurors to keep
in mind the phrase “I can be fair” is interesting.
Judge for yourself what Merritt’s intent was here.
On another note, Merritt was caught
taking photos of witnesses while they testified at pretrial hearings
and relaying the witness pictures to his pal Shaun King. King, who has a radio show and
a social media following, would
then encourage his social media followers to harass and threaten the
witnesses. Unlike
others who were publicly admonished by the judge for merely
forgetting to silence their cell phones, Merritt was treated with
kid gloves. I’ve learned
that a member of the sheriff’s staff spoke to Merritt privately and
warned him not to photograph witnesses again.
Can you imagine the reaction if someone from the defense side
were alleged to have done this? I will
confidently state that such an infraction by anyone else
would have resulted in serious and very public consequences.
Besides Merritt’s efforts to influence the
jury selection process, the prospective jurors freely came and went
from the courthouse each day.
As such, they were exposed to protestors that lined the
walkway entrance and exit to the courthouse. The media never reported on the juror who was dismissed after
he was seen talking with and then hugging a person who was gathered
with some of the protestors.
The jurors were questioned about their
knowledge of the case, media exposure, how many times they’d watched
the video, if they supported any of the various causes, including “I
run with Maud," etc.
Most admitted having seen the video, and most said they had seen it
several times. Several
acknowledged attending events associated with the "I run with Maud"
campaign. However, a few
jurors denied knowing anything about the case and some even denied
having seen the shooting video.
I mentioned above that the defense did its
best to vet the prospective jurors, including a check of their social
media pages. Would you
be surprised that the defense actually found several jurors who lied
in their questionnaire and during Voir Dire?
Yes, the defense successfully identified several prospective
jurors who scrubbed their social media pages sometime before
appearing for jury selection. Several
jurors were questioned about any affiliation or support for any
groups or organizations that raised money for Ahmaud’s family, and
each denied taking a part.
Of course, we had screenshots from now-scrubbed social media
pages that gave a different take on their involvement.
The defense would be forced to use one of our strikes to have
the juror dismissed or risk having someone sitting on the jury that
clearly had ulterior motives.
These are just some of the examples that took
place during jury selection.
Little, if any, of these flagrant acts were reported by the
mainstream media. With
this knowledge, how can anyone be confident that the 12 people who
decided the case were truly neutral at the onset of the trial?
It took well over two weeks to pick the 12
jurors and four alternates who would be the ultimate decision
makers. The defense team
debated daily the merits of asking for a venue change, but we all
held out hope that the citizens of Glynn County could be fair and
impartial. In
retrospect, we were simply being optimistic in the midst of a tidal
wave of evidence before our eyes that made a fair trial impossible.
It's almost comical when you consider the
long odds we faced here.
From the outset, everything favored the prosecutors: beginning with
the circuslike climate that led off the trial and which
transitioned into armed men patrolling the courthouse perimeter and
using bull horns to chime their threats and messages of hate and
destruction to the those in attendance, including the
non-sequestered jury.
The prosecutors had the edge when it came to allocation of workspace
outside the courtroom, arrangement of the tables in the courtroom,
and more importantly the court rulings that came about during the
trial.
For example, while the state, led by lead
prosecutor Linda Dunikoski, only required space for three
prosecutors at the courtroom table, the
DA brought a team of at least eight support staff that had full use
of a large conference room just across the hall from the rear
entrance of the courtroom.
The defense team, which included six lawyers, a paralegal,
and an investigator, enjoyed the use of an 8’ X 8’ conference room with
a circular four-person conference table placed in the middle.
I don’t think anyone can truly comprehend unless you were
present the sight of eight people taking breaks, preparing witnesses,
and conducting a nearly six-week trial from a 64-square- foot room.
Ah, the courtroom.
On Friday, October 15, 2021, everyone gathered in the
courtroom to ready the area for jury selection on Monday, October
18. COVID mandates were
in place, and Judge Walmsley designated the left side of the gallery
for certain parties, including Ahmaud’s family and lawyers, and the
families of the defendants. The defense
table was on the left side of the courtroom and arranged in an “L”
shape to provide for the six defense attorneys and three
defendants. The table
for Ms. Dunikoski and the two assistants assigned to help prosecute
the case was on the right side of the courtroom near the jury box
but facing the Judge’s bench when we left the courthouse Friday
afternoon.
Surprise, surprise. Come Monday, the
prosecution’s table had been moved from Friday’s position an estimated
120 degrees to the right, placing it at angle and putting the
prosecutors facing most of the jurors seated in the jury box. In fact, the prosecutors were literally less than five feet
from the entrance to and from the jury box and directly in eye
contact with the jurors.
Some may fail to see the significance of
this placement, but I don’t think you
can overestimate the advantage this setup gave the prosecutors.
The courtroom had heavy security, and bailiffs were very attentive to the jury.
However, no amount of attentiveness could keep the jury from
being exposed to armed men patrolling the courthouse at times during
the trial. Some of the
jurors were directly exposed to the protests despite the bailiffs'
best efforts to shield them from the protests surrounding the
courthouse.
At one point, a tow truck with a black casket
with the names of Ahmaud Arbery, George Floyd, Breanna Taylor, and
others inscribed drove around the courthouse before dropping the
casket off at the courthouse entrance.
Groups of heavily armed men and women carrying flags that
read “Black Panthers” used bull horns to taunt the police and people
inside and outside the courthouse.
Threats “to burn it down” were repeated in unison in response
to someone hollering for “justice.”
See Fig. 4 for photos of the day's protestors, some of them armed.
Fig. 4. Armed protestors, October 18, 2021.
But what about the court rulings?
How did anything in the courtroom affect the outcome you
might ask? First, Greg
and Travis’ lawyers fashioned their defense on two things:
- Georgia’s citizen arrest law that was applicable on February 23, 2020.
- Travis’ right to defend himself when Ahmaud attacked and tried to wrestle the gun away.
After the defense concluded their case and
the state rested, what is commonly called a "charge conference" was
held. This took place on
Friday, November 19, 2021, and should have been fairly routine
according to Greg and Travis’ lawyers. A charge conference is a
process where the judge lays out to the prosecution and defense the
specific instructions (the “jury charge”) he’ll give the jury after
closing arguments and before the jury retires to consider a verdict.
Frequently, the prosecutor and defense will make requests to
the judge regarding language in a charge or jury instruction, but
the judge is the ultimate decision-maker on the charge. In simpler terms, the judge is supposed to instruct the jury
on the law and how the jury should apply the law when deciding the
guilt or innocence of the accused.
Instead of what is normally a mundane
process, the jury charge conference began at 10:00 am and had not
concluded when everyone left the courthouse around 7:00 pm that
evening. The discussion
continued via email throughout the weekend, before Judge Walmsley
arrived at his decision on how he planned to charge the jury in
regard to the citizen’s arrest law.
Judge Walmsley’s charge was crippling to Greg and Travis’
defense. In essence,
Judge Walmsley instructed the jury that Greg and Travis must have
had probable cause that Ahmaud had committed a crime that day,
meaning February 23, 2020.
The jury was instructed that Greg and Travis’ knowledge of
Ahmaud’s actions before February 23 could not be used as a means of
performing a citizen’s arrest.
Why did this cripple the defense? Because Greg and Travis
acted on the totality of what they knew about Ahmaud, and there was
no evidence that either were aware of any crime Ahmaud may have
committed on the day of the shooting.
This ruling had a domino effect in that Ms. Dunikoski was
then given an open argument to the jury that Travis could not claim
self defense in shooting Ahmaud even though Ahmaud attacked and
punched Travis before the first shot was fired. The theory Ms. Dunikoski put to the jury is that without
probable cause on that day, you can’t claim self-defense since Greg
and Travis had no right to try and detain Ahmaud.
The jury convicted Greg and Travis, and the
jury instructions made most of the defense presentation an exercise
in futility. I’m hopeful
the appellant court will rectify these terrible rulings and grant my
husband and son a new trial.
Time will tell.
One final thing that I want the entire world
to know. Much has been
made about Roddy’s statement that Travis stood over Ahmaud and used
the horrible “N” word.
In fact, I spent a great deal of time earlier explaining how we know
this didn’t happen. But
there is one other thing I hope the reader will consider that I
think unequivocally supports that Travis never stood over Ahmaud and
said what Roddy claimed.
Travis testified during the trial.
Ms. Dunikoski had him on cross examination, and she grilled
him very hard. She could
have asked him anything she chose during cross examination.
Anyone watching the trial could see that she was skilled in
her job, extremely well prepared, and had a clear grasp of the case
facts. After all, she
and her colleagues used Roddy’s statement in the preliminary hearing
and again in the bond
hearing in what was a calculated move to make Travis out as a racist
murderer in the hearts and minds of the millions of viewers.
Why didn’t she go for the jugular and call Travis out when he
sat on the witness stand?
The answer:
Linda Dunikoski and the entire prosecution
team had known since early in this case that Roddy’s statement was
false. They’d known the
results of the audio enhancement test, they’d known Roddy had
hearing problems, they’d known his truck window was rolled up and
the door locked, and they’d known about the 91-foot distance that separated
Roddy from Travis and Ahmaud’s body.
Even today, the prosecution has evidently
never sought to correct this lie with Ahmaud’s family.
Ahmaud’s mother told the court at Travis’ sentencing that
Travis used the N word standing over her son.
In closing, I have no power to make the
prosecutor do anything to correct the lie they intentionally placed
before the world when Agent Dial testified on June 4, 2020. I can and do offer my apology to the Arbery family for the
lie they were told and for the hurt this false allegation has
caused.
I will be adding more to the website when
possible.
Until then, I ask that you please consider donating to the Greg and Travis McMichael Defense Fund found at
https://givesendgo.com/McMichaeldefense.
If you’d like more information, please email us at
info@mcmichaeltrial.com
