Ahmaud Arbery case: 3 MAJOR reasons why the murder trial could collapse
GLYNN COUNTY, GEORGIA: Father-son duo Greg and Travis McMichaels and their neighbor William "Roddie" Bryan are about to stand trial for the killing of 25-year-old Ahmaud Arbery in February 2021. More than 1,000 people were sent jury notices by court officials on October 18 and selecting the final 12 jurors and four alternatives will take over two weeks following which the trial will begin. However, it has now been found that there might be a chance of mistrial since some of the potential jurors were exposed to banned evidence.
The Glynn County Superior Court, which is overseeing the Ahmaud Arbery trial, mistakenly made confidential evidence of the case easily accessible to the jury candidates on their website. Potential jurors who visited their website could view all the motions filed so far on Ahmaud Arbery and the three murder suspects, namely, Travis and Gregory McMichael, and William 'Roddie' Bryan. They were even able to access the mental health records and past criminal history of the victim.
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Acknowledging their major oversight, Glynn County Superior Court Clerk Ronald Adams told VICE News, "We are aware of that issue, and the decision about that [solutions] will be made by the judge."
Jurors may be influenced
Legal experts believe that the mistake done by the court can impact the very validity of the murder trial. According to John Marshall Law school professor Suparna Malempati, "Prominently displaying that information and it being accessible to jurors with just a click of a button, I would say is problematic. When potential jurors have information that may or may not be admitted in the courtroom, the jurors may be influenced."
However, though there can be adverse impact on the jury due to this incident, the chances of mistrial are less. Meanwhile, it is not known whether the evidence records have been removed from the site.
Disclosure of Arbery's mental health records
Earlier, the defense had sought to use Arbery's mental health medical records as evidence during the trial, in order to substantiate their argument that his mental illness could have influenced his actions on the day of his murder. However, the request was dismissed by the judge who ruled that disclosure of such records in court would posthumously violate Arbery's right to medical privacy. A similar ruling was passed with regards to Arbery's criminal records as well.
"(Arbery's history) could lead the jury to believe that although Arbery did not apparently commit any felony that day, he might pose future dangerousness in that he would eventually commit more alleged crimes, and therefore, the Defendants' actions were somehow justified," stated Superior Court Judge Timothy Walmsley. This in turn could direct the judgment in favor of the defendants.
Photographic evidence of confederate flag
The defendants' lawyers have requested the court to restrict the photographic evidence of McMichael's truck having a Confederate Flag in front of it. While defense lawyers argue that it is irrelevant and prejudicial, prosecutors claim the jury ought to see the vanity plate on McMichael's new truck at the time of the homicide. The decision is still pending on whether to exclude or include the photograph of McMichael's truck in the trial. The exclusion of the same can go a long way in negatively impacting the results of the judgment.