J. Pete Theodocion, Mr. Bryan’s attorney, says his client will help chase down any pursuers on his way, regardless of their race. “His instincts told him that people don’t get chased like that, people don’t get chased like that unless they’ve done something wrong,” he said.
AJ Balbo, an attorney for Greg McMichael, noted that police showed McMichael surveillance videos of Mr Arbery inside a home under construction near the McMichaels’ home. That means Mr McMichael recognized Mr Arbery on the afternoon of February 23, 2020, when Mr Arbery ran past him.
“When he was in his driveway and he looked up, he might not know Mr. Arbery’s name, but he knew who he was,” Mr. Balbo said of Mr. McMichael.
Mr. Balbo theorized for the jury: What if a Black man who didn’t look like Mr. Arbery had run down the street that day – a 350-pound man, with a mohawk huge? Mr. Balbo thinks Mr. McMichael would not be chasing such a man.
Mr. Balbo also noted that no evidence was presented at the trial that his client used racial slurs, even though he made provocative statements about race. . At trial, investigators noted that they were not able to fully search McMichael’s encrypted cell phone for digital evidence of past conduct.
Notably, jurors in the case were unaware that Mr. Bryan had told investigators that Travis McMichael used a racist slur moments after he shot Mr. Arbery. That key detail, dismissed by Mr. McMichael’s attorneys, is likely not to be introduced because Mr. Bryan is exercising his Fifth Amendment rights without acting as a witness.
That, in turn, would strip Mr. McMichael of his Sixth Amendment right to confront his accuser.
https://www.nytimes.com/2022/02/21/us/hate-crimes-case-in-arbery-murder-goes-to-jury.html The case of the hate crime in the bribery murder case goes before the jury