New York Daily News

The facts of the case were very clear

- Marc D. Greenwood

Camp Hill, Ala.: The Greg McMichael, Travis McMichael and William Bryan trial was enveloped in weeping, wailing and teeth-gnashing from every quarter. Neverthele­ss, lead prosecutor Linda Dunikoski’s strategies and conduct were establishe­d by the 1935 U.S. Supreme Court case Berger v. U.S., not the masses. Berger crystalliz­ed the prosecutor’s role and their twofold aim: prohibit the guilty from escaping or allow the innocent to suffer.

Let’s see, some are lamenting the prosecutio­n’s failure to mention that Ahmaud Arbery was Black until they submitted their closing argument. Were the jurors oblivious that Arbery was Black and the McMichaels and Bryan were white? Of course not.

In “A Few Good Men,” Capt. Jack Ross said, “I represent the government of the United States without passion or prejudice. My client has a case.” Likewise, Dunikoski, represente­d the People of Georgia vs. Greg McMichael, Travis McMichael and William Bryan. Dunikoski explained to the jurors that the defendants had to see Arbery commit a felony or have intimate knowledge that he did, and see Arbery escaping or attempting an escape. The defendants’ actions were invalidate­d by the four criteria establishe­d in the statute. Furthermor­e, no evidence emerged during Travis McMichael’s testimony in court wherein he or his co-defendants told Arbery they witnessed him committing a felony and they were making a citizen’s arrest.

Dunikoski explained to the jurors what Georgia Code 17-4-60 (2018) meant, and why the defendants’ actions were murderous, induced by vigilantis­m and unsupporte­d by the code. Those are the facts. And they are undisputed.

 ?? ?? Father and son Greg McMichael (left) and Travis McMichael
Father and son Greg McMichael (left) and Travis McMichael

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