The trial of the three men accused of killing Ahmaud Arbery began on Monday with testimony from Georgia Bureau of Investigation (GBI) Assistant Special Agent-in-Charge, Jason Seacrist. 

Attorney Kevin Gough, representing William “Roddie” Bryan, questioned Seacrist about how GBI contributed to the media’s attention to the case and interviews GBI conducted with Bryan. Seacrist responded by explaining how the agency responds to media inquiries but does not initiate interviews. Georgia NAACP President James Woodall tweeted on Monday: “He believes his client is included in this trial simply because of the media circus.”

Gough also failed to get polygraph results admitted into court for his client, and the judge denied it.

Updates will be added as the trial continues, jump below the fold for more information on the trial to-date.

Bryan, along with former cop Gregory McMichael and his son Travis, is accused of murdering Arbery on Feb. 23, 2020, after spotting Arbery running near the site of a home under construction in Brunswick, Georgia. The case, over which a prosecutor is indicted for alleged misconduct, has prompted so much outrage in Georgia and beyond that, although some 1,000 potential jurors were summoned, attorneys had a hard time seating 12 people who didn’t openly communicate a bias during voir dire. Only one seated juror is Black.

”I was aware that the media has spotlighted the story, yes,” Seacrist said at one point during testimony. Gough has also thrust himself in the limelight with racially insensitive remarks made during the trial on Thursday. He said at the time that noted civil rights leader and minister Al Sharpton’s presence in court would be allowed but that, “we don’t want any more Black pastors in here.” Gough has since attempted a pseudo apology for the remarks. “My apologies to anyone who might have inadvertently been offended,” he said in court on Friday.

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Rev. Jesse Jackson joined Arbery’s parents in court on Monday, the activist’s name also a part of Gough’s attempted banning of Black pastors.

He said, speaking at St. Paul CME Church over the weekend, that the case is not only a matter of ethnicity. Jackson said, if we suppose the inverse were true—that three Black men were accused of murdering a white kid and a jury with only one white person was seated in front of a Black judge—to imagine the outcome of that case.

Race has been a focal point in social media discussions of the case, and it hovered over elements of the trial as well, specifically characterization of the victim as a jogger versus someone running out of fear of arrest. After the court returned from a 15-minute break, prosecutor Linda Dunikoski brought the court’s attention to a motion she filed to prevent the defense from being able to pounce on testimony from regular people that might get at Arbery’s intent in the Satilla Shores neighborhood the day of his death.

The defense already parts from the prosecution on why Arbery was running in the community. Defense attorneys for the McMichaels and Bryan argued that the prosecution’s motion was irrelevant and that, while it is logically true Arbery could be an avid jogger, it’s also possible that on some occasions when he’s running or jogging, he’s doing it for reasons other than physical and mental health.

Judge Timothy Walmsley took a short recess before continuing to discuss Dunikoski’s motion. 

Walmsley asked about the specific witnesses who would be testifying, and the prosecution detailed how witnesses planned to testify to seeing Arbery running in the area, even at night, which led to Walmsley sharing his concern that two witnesses testifying about Arbery running wouldn’t be something that needs rebutting. Walmsley did add that there is a risk of opening the door to the defense bringing up Arbery being on probation in response to testimony from Ms. Flowers, so the prosecution took a break to update the witness.

When the court proceeded, Gough tried to have Jackson banned from court and asked, “How many pastors does the Arbery family have?” adding that he isn’t sure “who Rev. Jackson is pastoring.”

Gough said this is no different from police officers being present when a Black person is accused. “There is no reason for these prominent icons in the civil rights movement to be here,” the attorney said.

Walmsley responded: “Mr. Gough, at this point I’m not exactly sure what you’re doing.” The judge said he’s already given his ruling on pastors being in the gallery and it has not changed. 

Monday, Nov 15, 2021 · 4:18:55 PM +00:00 · Lauren Floyd

Watch Gough vocalize his disapproval and the judge’s response:

The trial continued with the state calling Carol Flowers, a nurse and Brunswick resident who knew Arbery, to the stand. When the state showed a photo of Arbery unrelated to his death, weeping could be heard from the gallery, and the judge called for a brief recess.

When court continued, Gough made it a point to include in the trial’s record that Jackson’s mask was slightly below his nose. Defense attorneys went on to criticize the state’s inclusion of photos that to them don’t have anything to do with the case.

The judge reminded the gallery to refrain from any outbursts and turned his attention to Gough to again say the court’s position on the public being present has not changed. “I don’t have anything else to say about it Mr. Gough,” Walmsley said.

He invited Gough to file a motion.

Monday, Nov 15, 2021 · 4:21:42 PM +00:00 · Lauren Floyd

Gough formally moved for a mistrial, claiming that the presence of people in the courtroom deprives his client of a fair trial.

Monday, Nov 15, 2021 · 4:28:43 PM +00:00 · Lauren Floyd

The attorney went on to compare Black pastors to the mob. “This isn’t a mob case,” he said.

Both attorneys for the McMichaels said they were constrained to join the motion for a mistrial.

Monday, Nov 15, 2021 · 4:53:41 PM +00:00 · Lauren Floyd

Anne Kisler-Rao, a trace evidence technician with GBI who has more than 15 years of experience, was called to the stand. She testified that she was first asked to do a fiber analysis in the Arbery case, which involves comparing questionable fibers and comparing them to a known source such as an article of clothing.

Monday, Nov 15, 2021 · 5:06:22 PM +00:00 · Lauren Floyd

Kisler-Rao testified that she was asked to do an analysis of material found under Arbery’s armpit and it was found to be plant material. Gough questioned her about fibers coming from the driver’s side of a truck, and she testified they could have come from Arbery’s white t-shirt or another material with similar properties.

Shortly after her testimony, the court began a one-hour recess for lunch.

Watch the trial live below:

YouTube Video

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