Albany Times Union (Sunday)

‘Justice is on trial’: Race a key issue

Trial nears end in the shooting death of Ahmaud Arbery

- By Asia Simone Burns and Shaddi Abusaid

In the jury box and throughout the courthouse gallery where the trial over Ahmaud Arbery’s death is taking place, tension and tedium hang in the air like humidity in the Georgia summer.

Outside the courthouse hangs an impatience for court proceeding­s to end. In between, anxiety.

The trial for the three men accused of murder is nearing its end, and many in this coastal community have no doubt that Arbery’s race factored into his killing.

Arbery was shot twice with a 12-gauge shotgun after being pursued by men who suspected him of entering an empty home under constructi­on. Glynn County police initially told Arbery’s mother that her son was killed following a burglary and confrontat­ion with a homeowner.

“You’ve seen in the videos and the things that have been presented in the trial,” said Arbery’s aunt, Thea Brooks. “There were white people that entered into the home, and no one ever said anything to them. I feel like if he was white he would still be alive.”

The shooting turned her into an activist and an advocate.

“Once Ahmaud’s death occurred, something just came over me,” said Brooks, who visited the home at the center of the case and felt things didn’t add up. “We were sending emails, cutting out articles in the paper, trying to make comparison­s to where Ahmaud’s body was in the street versus the story that (police) gave his mom in the beginning.”

Thea Brooks, wears a T-shirt supporting Black pastors following inflammato­ry comments from attorney Kevin Gough.

Arbery’s death — and the subsequent trial of the three men involved in it — has been inundated with allegation­s of racism. In Brunswick, a city where more than half the population is Black, one member of the jury is white. A defense attorney has repeatedly complained about Black pastors, including the Revs. Jesse Jackson and Al Sharpton, sitting in on court proceeding­s.

Arbery’s family has called the fatal shooting a public lynching. The attorney who represents Arbery’s father has likened the 25-year-old’s death to that of Emmett Till. His mother’s attorney has called her “the Mamie Till of our generation.”

Arbery was Black. Defendants Greg McMichael, his son Travis McMichael and William “Roddie” Bryan are all white. Bryan, who captured the fatal shooting on his cellphone, would later tell the GBI that he heard Travis McMichael utter a racial

epithet over Arbery’s body as he lay bleeding in the street. That didn’t come up during the trial.

Attorney Kevin Gough, who defends Bryan, has filed a half dozen motions for a mistrial — all rejected — and asked the judge to prohibit “high-profile members of the AfricanAme­rican community” from sitting in on court proceeding­s.

“We don’t want any more Black pastors coming in here,” Gough said, arguing such prominent figures could pressure or intimidate the jury.

That request also was rejected, drawing a rebuke from the trial judge and widespread outrage.

“I think Gough’s comments were a distractio­n. I think they were wildly inappropri­ate,” said Rabbi Rachael Bregman, who leads Temple Beth Tefilloh in Brunswick. “I think suggesting that Black pastors might be intimidati­ng to a jury made up of almost exclusivel­y white women is beyond the pale.”

On Wednesday, Bregman, other clergy members and county leaders stood outside the Glynn courthouse for a prayer

vigil. The mayor of Brunswick, Cornell Harvey, also attended.

Harvey, elected eight years ago, is the city’s first Black mayor. He said the racial undertones of Arbery’s slaying have disturbed the community.

“Whether they chased him because he was Black or they chased him because he was somebody in their neighborho­od, it’s still the same thing,” Harvey said. “You just don’t do those things. I’d like to think that you could jog through my neighborho­od and nothing would happen to you.”

Glynn County has a population of 85,000 people, 69 percent of whom are white and more than 26 percent of whom are Black. In Brunswick, 55 percent of residents are Black. Local leaders say Arbery’s killing has unified the area.

“It shocked our community ... but it has also brought our community together,” said Pastor Alan Dyer of St. Simons Presbyteri­an Church, “especially around issues of racial reconcilia­tion.

“To many, it’s evident that race was a factor, in all likelihood, that motivated

the actions of the accused,” he said.

He pointed behind him as hundreds of people — Black and white — ate lunch together outside the courthouse last week. “This, to me, is the true Glynn County,” he said.

On Thursday, hundreds of supporters, clergy and civil rights leaders from across the U.S. convened on the Glynn courthouse to stand in prayer with the Arbery family. Among their ranks were Sharpton, Jackson, broadcast journalist Roland Martin and Martin Luther King III, son of the late Rev. Martin Luther King Jr.

That gathering was followed by additional inflammato­ry statements from Gough on Friday, bringing the tension surroundin­g the racial implicatio­ns of the case to a fever pitch. During a conference about how to charge the jury deliberati­ng in the case, Gough called the ongoing demonstrat­ions “what a public lynching looks like in the 21st century.”

“This is not 1915. This is not 1923. There are not thousands of people outside with pitchforks and baseball bats,” Gough said. “But I would respectful­ly submit to the court that this is the 21st-century equivalent. This case has been infected by things that have nothing to do with the guilt or innocence of these defendants.”

The statements came one day after the defense rested its case, marking the close of evidence. The defense presented its entire case in less than two days and called seven witnesses to the stand to testify, including Travis McMichael. State prosecutor­s rested their case on Tuesday after testimony from 23 witnesses.

And it marked the nearend of a murder trial fraught by a laborious, two-and-a-half-week jury selection process, news conference­s from public safety officials detailing their plans to keep the peace during the proceeding­s and a familiar, heartwrenc­hing discussion of racial inequality that’s placed the national spotlight on Brunswick.

Arbery’s death lodged complaints of racist vigilantis­m, and many have have drawn parallels to the Kyle Rittenhous­e murder trial in Wisconsin. Rittenhous­e killed two people and injured a third during at a 2020 protest over the police shooting of Jacob Blake. Rittenhous­e took the stand in his own defense, saying he fired his AR-15 style rifle in self-defense. He was acquitted on all counts Friday.

Wayne Neal, chairman of the Glynn County Board of Commission­ers, acknowledg­ed that the Arbery shooting put unwanted attention on his county.

“The media would have you believe that this is a redneck, out-of-touch community. That’s not the way it is,” he said. “We all get along here, and this incident is just a horrible, horrible anomaly. It doesn’t speak to who we are. It speaks to incredibly bad judgment.”

Closing arguments are to begin Monday and then the case goes to the jury.

“I pray if there’s an acquittal, that we are able to deal with whatever comes,” Harvey, the Brunswick mayor, said.

Outside the courthouse, overlookin­g the flood of clergy and civilians of all creeds, Harvey said simply, “Justice is on trial.”

 ?? Sarah Blake / Associated Press ?? A mural pays homage to Ahmaud Arbery in Brunswick, Ga., where the 25-year-old man was shot and killed in February 2020. The man who fatally shot Arbery took the witness stand to tell jurors he pulled the trigger fearing for his own life.
Sarah Blake / Associated Press A mural pays homage to Ahmaud Arbery in Brunswick, Ga., where the 25-year-old man was shot and killed in February 2020. The man who fatally shot Arbery took the witness stand to tell jurors he pulled the trigger fearing for his own life.

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