# The McMichael/Bryan trial

**URL:** <https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [November 10, 2021, 4:58pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133 "2021-11-10T16:58:56Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [November 18, 2021, 7:31pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/21 "2021-11-18T19:31:46Z")

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Why did he testify?

> **[Defense attorneys rest their cases at Arbery death trial](https://apnews.com/article/ahmaud-arbery-georgia-brunswick-al-sharpton-3692e2b6351c528f5192158809cf595f)**
>
> BRUNSWICK, Ga. (AP) — Defense attorneys rested their case in the Ahmaud Arbery trial Thursday after calling just seven witnesses, including the shooter, who testified that Arbery did not threaten him in any way before he pointed his shotgun at the...

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [November 18, 2021, 9:14pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/22 "2021-11-18T21:14:08Z")

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> [@Snowboarder\_Bo](#):
>
> Why did he testify?

He musta thunk he could talk his way out of it.

Stupid people gonna stupid.

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**Author:** ![JaneDoe42](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/janedoe42/32/14104_2.png) [@JaneDoe42](https://boards.straightdope.com/u/JaneDoe42)\
**Post date:** [November 19, 2021, 6:36am UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/23 "2021-11-19T06:36:37Z")

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> [@Snowboarder\_Bo](#):
>
> Why did he testify?

Because he thought that he was in the right and who would disagree with his choice to kill the ni\*\*er now rather than wait until the non-existent at that time house was violated again by a person with _that_ skin color.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [November 20, 2021, 3:07am UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/24 "2021-11-20T03:07:11Z")

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The racists are all-in on their racism:

> **[Attorney accuses Arbery advocates of \`lynching' defendants](https://apnews.com/article/ahmaud-arbery-georgia-brunswick-crime-martin-luther-king-iii-626cf8c7dcf80d608642894163df1d86)**
>
> BRUNSWICK, Ga. (AP) — The defense attorney who caused an outcry by saying Black pastors should be barred from the murder trial over Ahmaud Arbery's death declared in court Friday that a courthouse rally and other actions supporting the slain Black...

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [November 20, 2021, 6:13pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/25 "2021-11-20T18:13:58Z")

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> [@JaneDoe42](#):
>
> > [@Snowboarder\_Bo](#):
> >
> > Why did he testify?
> 
> Because he thought that he was in the right and who would disagree with his choice to kill the ni\*\*er now rather than wait until the non-existent at that time house was violated again by a person with _that_ skin color.

Possibly because he thought he was right. Most likely because while the defendant taking the stand is rare, in self defense cases it is much more likely. Since the biggest component to the defense is if his fear of death or serious bodily injury was reasonable, sometimes the only way to attempt to show that is if the defendant testifies. As always when the defendant testifies it’s a gamble when he has to go through cross examination.

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**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\
**Post date:** [November 20, 2021, 7:00pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/26 "2021-11-20T19:00:35Z")

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Can these guys still get convicted of felony murder, even if one of their self-defense claims works? My understanding of felony murder is that you can be convicted of that if you’re committing a felony when someone is killed – for example, I think you can be convicted of that if you’re robbing a bank and a cop kills a teller when trying to stop you.

In this case, they were charged with multiple felonies – false imprisonment and others, right?

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [November 20, 2021, 7:22pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/27 "2021-11-20T19:22:38Z")

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> [@RitterSport](#):
>
> for example, I think you can be convicted of that if you’re robbing a bank and a cop kills a teller when trying to stop you.

There was a case I remember reading about some years ago: Robber robs bank. Cops kill robber as he exits bank. Cops believe robber and his wife had conspired to rob bank. Cops go to robber’s home and arrest wife, charge her with felony murder. (I don’t know how that case ended up.)

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**Author:** ![Ann\_Hedonia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ann_hedonia/32/319_2.png) [@Ann\_Hedonia](https://boards.straightdope.com/u/Ann_Hedonia)\
**Post date:** [November 21, 2021, 2:32pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/28 "2021-11-21T14:32:30Z")

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I remember a felony murder case from several years ago.

A young woman was jealous because her boyfriend was seeing another woman. She set a piece of outdoor furniture on fire outside of his home, with the intention of disrupting their romantic evening. The fire got out of hand, someone was killed and, IIRC, she was convicted of felony murder.

I think felony murder applies in the Arbery case, and that’s why they are pushing so hard on the idea that this was a legitimate citizens arrest. Because if they were trying to detain him unlawfully, that’s kidnapping, which I believe is a felony.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [November 22, 2021, 3:25pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/29 "2021-11-22T15:25:34Z")

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Closing arguments now:

> **[Attorneys make final case to jurors in Ahmaud Arbery's death](https://apnews.com/article/ahmaud-arbery-georgia-brunswick-5f3f6ea8c36ec94e45ad705684a2f947)**
>
> BRUNSWICK, Ga. (AP) — Attorneys made a final push Monday to persuade the jury in the killing of Ahmaud Arbery, with the prosecution saying that three white men chased him solely “because he was a Black man running down the street” and defense...

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**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\
**Post date:** [November 22, 2021, 8:55pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/30 "2021-11-22T20:55:40Z")

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the last defence attorney is… something else. this is the lawyer that keeps asking for a mistrial, possibly asked for a plea deal, and now seems to suggest that his client is too simple to have conspired. his client alternately looks on the verge of tears or confusion over what his lawyer is saying. i’m not sure what this lawyer is on about.

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**Author:** ![Locrian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/locrian/32/14146_2.png) [@Locrian](https://boards.straightdope.com/u/Locrian)\
**Post date:** [November 22, 2021, 9:24pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/31 "2021-11-22T21:24:45Z")

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THIS case seems much more important than the KR case, since it’s race all the way. If they’re not convicted, expect country-wide protests. I really hope the jury has common sense. From all the video, it really should be obvious.

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**Author:** ![JaneDoe42](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/janedoe42/32/14104_2.png) [@JaneDoe42](https://boards.straightdope.com/u/JaneDoe42)\
**Post date:** [November 22, 2021, 10:39pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/32 "2021-11-22T22:39:32Z")

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The judge’s instructions clearly defined “Citizen’s Arrest” and why it didn’t apply in this case. I hope the jury listened.

My prediction? Not guilty, self defense.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [November 23, 2021, 3:45pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/33 "2021-11-23T15:45:03Z")

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Prosecutor says no self-defense argument:

> **[Jury gets case of white men charged in Ahmaud Arbery's death](https://apnews.com/article/ahmaud-arbery-georgia-brunswick-a6c84fde31dc86a9b2230f1002ed25af)**
>
> BRUNSWICK, Ga. (AP) — Jurors in the case of three white men charged with killing Ahmaud Arbery deliberated for about six hours Tuesday without reaching a verdict as they weighed prosecution arguments that the defendants provoked the fatal...

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [November 23, 2021, 4:05pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/34 "2021-11-23T16:05:01Z")

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Defense attorney impugns victim for having long dirty toe-nails! Defendant must be acquitted!

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [November 23, 2021, 5:15pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/35 "2021-11-23T17:15:40Z")

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Defense attorney was scum. “He had no lawful reason to be there!” Well, there was no lawful reason for him not to be there. “He had khaki shorts! He had no socks! He had long dirty toenails!” If sartorial faux pas are reasons to kill someone, let’s go get Steve Bannon. Jesus.

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**Author:** ![Folacin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folacin/32/3195_2.png) [@Folacin](https://boards.straightdope.com/u/Folacin)\
**Post date:** [November 23, 2021, 5:36pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/36 "2021-11-23T17:36:56Z")

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> [@BobLibDem](#):
>
> He had long dirty toenails

> [@Senegoid](#):
>
> Defense attorney impugns victim for having long dirty toe-nails!

I assumed this was hyperbole, but when it came up two posts in a row, I had to check. Nope, it’s real. wept.

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**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\
**Post date:** [November 23, 2021, 6:09pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/37 "2021-11-23T18:09:57Z")

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yep. as mr arbery was wearing sneakers at the time, she was quoting the autopsy report. mr arbery’s mother stumbled out of the courtroom at that point.

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**Author:** ![Locrian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/locrian/32/14146_2.png) [@Locrian](https://boards.straightdope.com/u/Locrian)\
**Post date:** [November 23, 2021, 6:13pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/38 "2021-11-23T18:13:51Z")

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Reminding the jury about slaves and their lack of hygiene, I assume? I mean, why the fuck–  
@rocking_chair That’s what I thought. I mean, he’s jogging at the time, where the fuck is she getting that from?

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**Author:** ![SpacemanSpiff\_II](https://avatars.discourse-cdn.com/v4/letter/s/e19adc/32.png) [@SpacemanSpiff\_II](https://boards.straightdope.com/u/SpacemanSpiff_II)\
**Post date:** [November 23, 2021, 6:31pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/39 "2021-11-23T18:31:17Z")

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> [@Snowboarder\_Bo](#):
>
> Why did he testify?

IMHO becasue they have a weak defense case and are going for the Hail Mary.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [November 23, 2021, 9:17pm UTC](https://boards.straightdope.com/t/the-mcmichael-bryan-trial/954133/40 "2021-11-23T21:17:45Z")

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> [@Ann\_Hedonia](#):
>
> I think felony murder applies in the Arbery case, and that’s why they are pushing so hard on the idea that this was a legitimate citizens arrest. Because if they were trying to detain him unlawfully, that’s kidnapping, which I believe is a felony.

You really have to look at the statutes in each state and how they are written. Kidnapping may not apply. For instance my state has criminal restraint, false imprisonment and kidnapping. Each has different elements and the grading is much different. This came up during the O.J. trial. The one where he was convicted. He was charged with kidnapping in Nevada and I remember thinking at the time that if it happened in my state it would have been a misdemeanor criminal restraint charge.

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