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Arbery defense goes after Black pastors, defense rests in Rittenhouse trial

Nov 12, 2021

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On the same day the defense rested in the trial of Kyle Rittenhouse, an attorney for one of the men standing trial in the death of Ahmaud Arbery took issue with “Black pastors” attending court proceedings. The video above shows scenes from both courtrooms Thursday. Arbery was Black, and the three men accused of murdering him are white. The accused men include father and son Greg and Travis McMichael as well as their neighbor William “Roddie” Bryan.

“My understanding, while I was cross-examining investigator Lowrey yesterday, is that the right Rev. Al Sharpton managed to find his way into the back of the courtroom. I’m guessing he was somehow there at the invitation of the victim’s family in this case,” Kevin Gough, who represents Brown, said in court Thursday. “If their pastor is Al Sharpton right now, that’s fine. But then that’s it. We don’t want anymore Black pastors coming in here or other, Jesse Jackson, whoever was in here earlier this week, sitting with the victim’s family trying to influence the jury in this case.”

Sharpton had held a prayer vigil and news conference outside the Glynn County courthouse Wednesday afternoon to show support for Arbery’s family. Afterward, he sat in the back row of the courtroom gallery to listen to portions of the trial testimony. In a statement, Sharpton said Gough’s remarks showed “arrogant insensitivity.”

“I respect the defense attorney doing his job,” Sharpton said, “but this is beyond defending your client, it is insulting the family of the victim.”

Meanwhile, in Kenosha, Kyle Rittenhouse’s attorneys rested their case in his homicide trial Thursday. Their case covered 2.5 days of testimony, half of the five days the prosecution took. The highlight of the defense case came Wednesday when prosecutor Thomas Binger’s cross examination of Rittenhouse led to the defense team calling for a mistrial.

Attorneys in the case were expected to return to the courtroom Friday “to get the case ready for” closing arguments on Monday, according to Judge Bruce Schroeder. Prosecutors said they will ask Circuit Judge Schroeder to allow the jury to consider possible lesser charges on some of the counts. This could include the intentional homicide and attempted intentional homicide charges.

Kevin Gough, Defense Attorney: “My understand, while I was cross-examining investigator Lowrey yesterday, is that the right Rev. Al Sharpton managed to find his way into the back of the courtroom. I’m guessing he was somehow there at the invitation of the victim’s family in this case. And I have nothing personally against Mr. Sharpton. My concern is that it’s one thing for the family to be present, it’s another to ask for the lawyers to be present, but if we’re going to start precedent starting yesterday where we’re going to bring high profile members of the African American community into the courtroom to sit with the family during the trial in the presence of the jury I believe that’s intimidating and it’s an attempt to pressure, could be consciously or unconsciously, an attempt to pressure or influence the jury. To my knowledge Rev. Al Sharpton has no church in Glynn County, never has. Hasn’t been here since Elaine Brown ran for mayor to my knowledge.”

“Obviously there’s only so many pastors they can have and if their pastor is Al Sharpton right now, that’s fine. But then that’s it. We don’t want anymore Black pastors coming in here or other, Jesse Jackson, whoever was in here earlier this week, sitting with the victim’s family trying to influence the jury in this case. And I’m not saying the state is even aware that Mr. Sharpton was in the courtroom. I certainly wasn’t aware of it until last night. But I think the court can understand my concern about bringing people in who really don’t have any ties to this case other than political interests.”

Timothy Walmsley, Glynn County Superior Court Judge: “Well I will point out there’s a large barrier that sits, they’re sitting in the back corner of the courtroom. I’m not even sure the jury would have seen him sitting there. Nobody’s brought it to my attention other than what was just presented as an observation by Mr. Gough. I am making a blanket ruling about attendance in this court.”

Mark Richards, defense attorney: “At this time the defense would move into exhibit 142 and 140 and we would rest.”

Bruce Schroeder, judge, addressing jurors: “OK, folks, the evidence is closed, and we’re going to break for the weekend at this point. The lawyers and I have some work to do tomorrow and to get the case ready for you on Monday. And then I’m going to ask that you return at nine o’clock on Monday. Even though the evidence is closed, it’s still not appropriate for you to discuss anything about the case with anybody, not even with members of your household.”

“Any questions about this at all? We’re in the final stretch. Please follow the instructions and don’t read, watch or listen to any account of the trial and enjoy the weekend and have a wonderful evening.”

Bruce Schroeder, judge, questioning James Kraus, assistant district attorney: “Are there going to be any charges submitted to the jury other than what is in the information? Yes?”

Kraus: “The state will ask for that, yes.”