CONTEMPORARY STOCK FOOTAGE
NEWSFEED 6/14-19/2001, NYSE FLOOR, CHINA SPY PLANE, ROBBERY SURVEILLANCE, BLACK BERETS FOR ARMY, LA LAKER VICTORY PARADE, FIRES; DX: NYSE, STOCK FLOOR, US ARMY ON PODIUM, swish and pan of floor activity, new logos on towers, flags etc...stock exchange; DX: PRESS CONFERENCE US STEEL, short talking heads at press conference; DX: short from 'MALCOLM IN THE MIDDLE', DO NOT USE; DX: CHINA DISMANTLE OF SPY PLANE, aerials of US spy plane on the ground in China, ground level entrance to airstrip China; DX: PRESS CONFERENCE US STEEL, repeat press conference on US steel workers, regarding US steel industry protection; DX: GA/GOOD SAMARITAN, talking head and local scenery of street in Georgia, talkingheads; DX: GEORGIA/FLOODING, receding flood waters, damage left after flooding, downed trees, damaged homes; DX: ALABAMA/TRAIN KILLS MAN, pictures of train and wooded area, cu of train tracks, police look over scene of man's death; DX: NORTH CAROLINA/BLACK BERETS, US Army ceremony changing over of offical head gear of army to Black Berets, soldiers change hats; NX: FLORIDA/SMALL PLANE CRASH, plane crash aftermath white corporate type jet, EMS and fire trucks at scene; NX: FLORIDA/CHLORINE LEAK, evacuated people waiting to return to homes and jobs, Haz Mat cleans up mess, EMS loads victims ;DX: NYSE/FLOOR ACTIVITY, swish and pan of trader floor at NYSE, new flags, towers and logos; DX: BUSH IN POLAND, President George W. Bush, Alexsander Kwasniewski, Mrs. Bush, tomb of unknown soldier, gives speech at podium; DX: BUSH & RUSSIAN PRESIDENT Vladmir Putin, George W. Bush gives speech all things start with simple work friend; DX: FLORIDA/FUR COAT LADY, woman robbing store of fur coats, surveillance tape tracks woman in fur store; DX: NORTH CAROLINA, ANDY GRIFFITH EXHIBIT, historical and family photos of life, and acting achievements; DX: FLORIDA/ENRON POWER PLANT, board meeting of person, on power plant, ext. of power plant, voters complain; NX: TENNESSEE/TRENCH RESCUE, equipment and man power at scene, worker trapped, pipes, air hoses, other equipment; NX: TENNESSEE/TRENCH RESCUE, victim loaded onto stretcher and placed in ambulance, lights flashing, EMS workers; DX: JEWELRY SURVEILLANCE OF HEIST, robbery in progress tapes; DX: TENNESSEE/LIONS AT PLAY, children with paper pinatas, cut to NYSE floor activity; DX: NEW DINOSAURS, LETTERBOX OF DINOSAURS - DO NOT USE; DX: LAKER PARADE, crowds massive follow parade of basketball players, Shaq, Shaquille O'Neal, holds up trophy, team on bus top; DX: LAKER PARADE, more LA Laker Parade for championship 2001, aerial of the Staples Center, Kobe Bryant, Shaq, crowds, aerials of parade; DX: RE-BIRTHING SENTENCING, accused takes stand, accused and attorneys enter courtroom; NX: PROTESTORS, flashing lights, police at scenes, police tape, scene of wheelchair killing, repeats, cu light bar flashing; DX: FLORIDA/BRUSH FIRES, ground level burning brush, grass, smoke, some nx shots of fire, firefighters on lines, flames; DX: BURNED WOMAN, woman loaded onto stretcher, EMS, workers, fire rescue trucks; DX: MISTAKEN IDENTITY, Trampus R. Lehman, mistaken for burglar, ext. of house; DX: GEORGIA/STATE FLAG PROTEST, Govenor mansion flag protest for and against confederate flag, protestors; DX: NYSE FLOOR ACTIVITY, swish and pan of trading floor, new logo and towers and banners; DX: HEARINGS/FORD/FIRESTONE, man inspects firestone tires, crash photos and footage, senate hearing, parade of protestors ;
POLICE FABRICATING FINGERPRINTS
COVERAGE IN AMERICUS, GEORGIA FOR A JAMES WALKER CS VO ABOUT POLICE ACCUSED OF FAKING FINGERPRINTS. 01:00:03 NO SLATE EXT SURVEILLANCE FTG OF ELDERLY MAN W/ A CANE AND YOUNG WOMAN GETTING FOOD FROM A CATERING TRUCK. 01:06:22 INTV W/ FORMER CRIME SCENE TECHNICIAN AND CURRENT ASSISTANT DIETARY MANAGER AT A HOSPITAL, RAY EDWARDS, WHO FIRST FAKED FINGERPRINTS IN 1988. 01:07:17 HE SAYS HE STARTED FAKING FINGERPRINTS BECAUSE OF, A LOT OF PRESSURE AND THEN I STARTED TAKING SHORTCUTS AND IT WAS WRONG AND WHEN EACH TIME IT PROGRESSED, IT GOT WORSE. 01:12:09 FTG OF RAY WALKING AWAY FROM CAMERA ALONG A GRAVEL ROAD BACK TO HIS JOB. 01:12:28 CU AMERICUS CITY LIMIT SIGN. PULL OUT TO WS ROAD AND SIGN. 01:15:21 CU AMERICUS WATER TOWER AGAINST BLUESKY. 01:16:17 PULL IN ON WHITE POLICE CAR PARKED BELOW WATER TOWER IN FRONT OF PUBLIC SAFETY BUILDING. 01:16:42 FTG OF OFFICER EXITING CAR. 01:17:13 MS SHIELD ON SIDE OF AMERICUS SQUAD CAR. 01:18:02 WS POLICE CARS PARKED SIDE BY SIDE. 01:19:22 CU SHIELD ON SIDE OF SQUAD CAR DOOR. 01:20:00 PULL OUT FROM CITY OF AMERICUS SIGN ON FIRE TRUCK IN BG TO AMERICUS POLICE CARS PARKED IN FG. 01:20:55 WS SIGN ON BRICK BUILDING READING RUSSELL THOMAS JR PUBLIC SAFETY BUILDING FIRE DEPARTMENT POLICE DEPARTMENT.
SMASH AND GRAB (1/23/1998)
A man smashes a truck into a metro Atlanta Macy's Department Store and grabs merchandise.
Asia Spy Plane Wrap 2 - Adds US state department to earlier package
TAPE: EF01/0506 IN_TIME: 22:23:03 DURATION: 3:43 SOURCES: APTN RESTRICTIONS: DATELINE: Various - 3 July 2001 SHOTLIST: Manila, Philippines NIGHT SHOTS 1. Wide shot of plane parked on tarmac 2. Pan of plane 3. Fuel truck 4. Wide shot of fuel truck parked at plane side 5. Men holding fuel hose at bottom of plane 6. Pan of plane 7. Wide shot of plane parked at tarmac LOCKHEED MARTIN AERONAUTICS STILLS Hainan Island, China - 2 July 2001 8. Still of Russian plane Hainan Island, China - 29 June 2001 9. Still of plane being loaded Hainan Island, China - 28 June 2001 10. Still of spy plane without wings APTN Kadena Air Base, Okinawa, Japan - 16 June 2001 11. Russian cargo plane Antonov 124 taking off AP PHOTOS Hainan Island, China - 16 June 2001 12. Antonov 124 on approach to Lingshui air base 13. Antonov 124 approaching base 14. Antonov 124 on final approach 15. US EP 3E spy plane on tarmac LOCKHEED MARTIN AERONAUTICS STILLS Hainan Island, China - 18 June 2001 16. Spy plane on tarmac await disassembly 17. Recovery team at cargo hold of AN 124 preparing to loads parts 18. Mid shot of spy plane 19. Military vehicle pumping fuel, oil and hydraulic fluid from plane AP PHOTOS Hainan Island, China - 4 April 2001 20. Wide of plane on tarmac 21. Close up under wing section 22. Mid shot propeller CCTV 23. Wide shot of news conference 24. SOUNDBITE (Mandarin): Chinese Foreign Ministry Spokesperson Zhang Qiyue: "The work is to be finished, and according to my knowledge, this work will be completed soon. Should there is any more information on this, I will let you know immediately." 25. Cutaway of reporters Washington 26. Wide shot of news conference 27. SOUNDBITE: (English) Whitehouse Spokesman: "The recovery operation began on June 13 has been completed. After final loading operations the remaining parts of the EP3 aircraft, including the fuselage are currently on route to the United States. The final flight of the AN124 that carries the airplane departed Ling Sheui today at 4.45am Eastern Daylight Time. And 124 will make fuel stops in Manila and Hawaii while en route to a final destination of Davins airforce base in Marieta, Georgia. The flight is scheduled to arrive in Hawiai later today about 11.30pm Eastern Time, so it's still a way from Georgia. As far as the future of the US-China relationship, certainly we are glad to resolve this issue and to get the airplane back. We do seek a productive relationship with China, as the Secretary and the President have made clear on a number of occasions. We don't see China as an enemy, we don't think China should see us as one." 28. Cutaway of reporters STORYLINE: The last parts of a U-S Navy spy plane that collided with a Chinese fighter jet, sparking a crisis in U-S-China relations, have arrived in the Phillipines en route to the US. The fuselage of the EP-3E and the equipment used to dismantle it were put onto a cargo aircraft and flown to Manila in the Philippines for refuelling en route to the US. The EP-3, packed with sophisticated electronic surveillance equipment, made an emergency landing on April 1 on Hainan island after colliding with a Chinese fighter sent to intercept it over the South China Sea. The collision and China's 11-day detention of the US crew caused the worst tensions between Beijing and Washington since the bombing of China's embassy in Yugoslavia by US planes in 1999. A 12-member team from Lockheed Martin, the plane's manufacturer, that was dismantling the EP-3 will leave Hainan on Wednesday morning. The EP-3 will end its journey at a Lockheed Martin facility in Marietta, Georgia, where it will be reassembled in preparation for returning to service. Other parts of the aircraft have already been taken to Kadena Air Base on the Japanese island of Okinawa. In a news briefing on Tuesday, the U-S State Department said that it didn't consider China an enemy and didn't think China needed to see it as an enemy either. Both sides have said they now want to put the incident behind them.
GUYS BAIL FROM TRUCK CHASE 1992
TWO GUYS BAIL FROM A TRUCK WHILE IT IS STILL ROLLING.
CONTEMPORARY STOCK FOOTAGE
NEWSFEED: SEPT. 19-20, 2002, RUSSIAN AMBASSADORS. AERIAL WHITTIER HS HURRICANE AFTERMATH. MADELINE TOOGOOD IRISH GYPSY TRAVELER, BABY BEATING VIDEO ; DX CALIFORNIA: Dentist at work. Receptionist at work. VAR CU advertisments. Gray Davis speaking, signing ; DX US: UN Russian ambassador giving speech thru translator. Another Russian. They are discussing Georgia, Iraq. Ambassador again ; DX US: White house press conference on Bush meeting with Russians ; DX US: Aerial: School w/ no peds outside. Sign: 'Whittier Cardinals'. LS Cops walking thru school ; DX US: EST 'Shoe Carnival' in rain. INT ransacked. Hurricane damage ; DX US: Dark clouds over power lines, behind US flag. Cars in rain. Fire truck in rain. Down power lines. Hurricane damage ; DX CONT'D: Interviews. Pile of wreckage includes car. INT blown out car. Broken strip mall. Downed street sign ; DX US: Line of cars in rain. Power lines on ground. Apt bldg w/ no roof. Houses and lawns post storm. Hurricane damage; DX CONT'D: House/Garage w/ tree in it. VAR trees on road, on houses ; DX US: Madeline Toogood video: Accused Gypsy, woman caught on video surveillance tape beating her baby in car seat ; NX ISRAEL/PALESTINE: Overlooking Ramallah, searchlight moves ;
MAN SETS WIFE ABLAZE AT GAS STATION 2013
A Georgia man is facing a reckless conduct charge after he started a fire at a gas station that "severely injured" his wife, authorities said. Austin Dawkins, 37, of Clarkesville, Ga., was arrested and taken into custody at Habersham County Jail Saturday, according to jail records. He is being held without bond. Dawkins was fueling his 2002 Ford F-250 at the Gulf Food Mart in Clarksville when he flicked a cigarette lighter near his gas tank and caused a fuel vapor explosion Oct. 16, according to a Georgia Insurance and Safety Fire Commissioner news release. Dawkins' wife, Jessica, 30, was standing next to her husband when the incident occurred, the news release said. She suffered second-and third degree-burns to her legs, arms, back and head. Jessica Dawkins was taken to Grady Memorial Hospital for treatment. She was released home a week LATER. Dawkins sustained minor injuries to his hands, according to the news release. A warrant was issued for Dawkins' arrest Friday, the Georgia Insurance and Safety Fire Commissioner news release said. The case was turned over to the Habersham District Attorney's Office for prosecution. An arraignment for Dawkins is scheduled for Monday, Allen said. Reckless conduct is a misdemeanor with a maximum penalty of a year in prison and a fine of up to $1,000.
AHMAUD ARBERY MURDER TRIAL BRUNSWICK GA CAM 2 POOL 11152021 1300
COURTROOM FTG OF THE TRIAL IN THE AHMAUD ARBERY CASE / TRAVIS MCMICHAEL, GREGORY MCMICHAEL AND WILLIAM RODDIE BRYAN ARE CHARGED WITH THE MURDER OF AHMAUD ARBERY / CAM 2 [13:07:51][3827.4] [13:07:51] It's going to. All right for the jury. They. All right. Welcome back, ladies and gentlemen. Hopefully you had a good lunch. We are ready to proceed with the evidence in the case state ready with its next witness. Yes, Your Honor. The state calls Jesse Whurley Jesse a oh, yes, Makes sense. [13:10:14][143.3] [13:10:14] Yeah, Truth and nothing but the truth. I do good. Good afternoon. Can you please go ahead and introduce yourself to the jury, tell me your name and spell it for the court. Reporter. My name is Jesse Worley. It's Jesse w o r e y. OK, and this really how are you currently employed? I work in the Division of Forensic Sciences for the Georgia Bureau of Investigation. It's also referred to as the crime lab. I work in the impressions, evidence section as a latent print examiner. OK, and what are your job duties currently? [13:11:01][47.5] [13:11:01] Primarily my job is a latent print examiner is to analyze items of evidence that are submitted for latent print services for comparison, database searching or chemical processing. In our laboratory, I conducted database searches. I do comparisons of latent prints to known exemplars, are known prints and then issue results of by reports of my results and then testify in court when needed. And how long have you been working in that capacity in your field? I've been with the GBI for 14 years. And please go ahead and tell us your education and training. I have a bachelor's of science in forensic and investigative sciences from West Virginia. University. I graduated from there in 2007. I was employed by the GBI that fall in November and I completed a training program that lasted about two years prior to being able to write my own reports. [13:11:59][57.9] [13:11:59] The training covered every aspect of casework that we do as latent print examiners and included courtroom testimony and evidence, analysis and processing. I can complete sixteen hours of annual outside education or continuing education every year as well since the completion of my training program. OK, and are you a member of any professional organizations in your field? Yes, I am. Can you tell us which ones? Primarily, I am a member of a member of the International Association for Identification, which is a professional organization across the globe that is geared towards education and publications for forensic practitioners and identification sciences. Like latent prints also question documents, DNA and crime scene investigation. I'm also a member of the Georgia State Division of the I and I also hold an office with that group as well. Have you testified as an expert before? Yes, I have. OK, what have testified testified as an expert in specifically in late inference. OK, and has that been in Georgia? Yes, ma'am. About how many times getting close to 60. I think the last time I counted it was like fifty seven. Fifty eight times. OK, Your Honor, at this point we would tender Miss Worli as an expert in latent print examination. No objection to objection. Thank you. Now, Mr. Lee, I want to go through some terms with you. And if you can just describe or explain those for me, OK? OK, are you familiar with the term Friction Ridge detail? Yes. Can you tell the jury what that is? So friction Ridgedale, as we refer to it and latent print examination is actually the composition and features that are on the skin that make up the palms of the hands and also the soles of the feet. It's that detail and those characteristics that are replicated in your hand or finger or foot makes contact with a surface. And in that detail, that arrangement of those features is transferred onto the surface and leave the latent print that we can subsequently develop and then hopefully compare in in hopes of identifying it to a source. So when I look at my finger, are you talking about the lines and grooves? Yes. So my fingertips, the the skin on the the palms surface of the hands is referred to as friction rich skin. It's made up of a series of ridges and raised areas as opposed to the rest of the skin on the body, which is fairly smooth within that rich flow. There are different features where ridges either start and stop or they split into two. [13:14:46][166.9] [13:14:46] And it's those specific features in the arrangement of those features within the the friction rich skin that make up the detail that we use for comparison. Now, what is an inked print also known as a known print? What's that? So ink prints that traditionally were taken using printers, ink on on a white card stock to record the detail of the finger prints or palm print of a specific person so that they can be used for comparison in today with all the advances in technology, most known prints are now recorded digitally with a glass like a glass plate and almost a scanner or camera type setup underneath [13:15:27][41.1] [13:15:27] But the idea is the same. The detail of the skin is recorded clearly so that it can be used for comparison. And can you please tell the jury what is a latent print? So latent prints are what we are looking for, primarily like in evidence in a case to determine who may have handled an item or come in contact with a particular surface. Latent prints are typically referred to is latent in that they're not necessarily visible right away. [13:15:58][31.5] [13:15:58] When an object is discovered as a piece of evidence, the latent print may require development techniques like fingerprint powder or other chemical methods to make it visible. And then even at that point, as an examiner, we commonly refer to them as still being latent prints until we've identified them to a known source. Now, what does it mean when an item is positive for latent prints at the GBI crime lab? The policy that we employ for determining whether an item is positive or negative for latent prints, we conduct a visual examination of the item, whether it's a lift card that has a powdered impression that was collected from the crime scene, or if we're getting in an item itself and we do the processing in-house, we're looking to see if after development there is any visible friction. Ridge detail that could be used for comparison. So sometimes if an item is decided, we decide that it's negative. It might mean that there is no ridge detail on it at all, or it could be that there is some detail, but it's so limited or so sparse or even obliterated or distorted where it's not going to be usable because it's not clear enough for a comparison that could also still produce a negative result. [13:17:14][75.4] [13:17:13] But but at the point where we say we have enough detail present on the item to to use it for a comparison, then we say it's positive. And what does it mean when you say an item is suitable for comparison? So once we have a positive results that we've done a visual examination and there is usable friction, rich detail on this item or this list card, the first step of our process is to analyze the amount of detail that's there, the type of detail, the clarity of it, and determine if it is in fact suitable for comparison. So we do the visual examination is either positive or negative. If we have the positive results, then we determine if it's suitable or not. Suitable for comparison, which is really just we're going kind of up a ladder in terms of how much quality and quantity of detail is present in the impression. So we have positive. And then if we say the analysis results are suitable, we have enough detail or sufficient detail to be able to compare it to a known set of prints and can you just let the jurors know what is the process that you use that the GBI for comparing latent prints to known prints? So the first step I'd like, as I said, is the visual examination to determine if we have any latent print detail present. The next part of the methodology we refer to is the ace. The method is an acronym for analysis, comparison, evaluation and verification. So the analysis is the first part that I've described in determining from our positive results which of those impressions may be suitable for a comparison. Once an impression is determined to be suitable, then we'll move on to a comparison that's that's taking the latent print and putting it side by side with a set of known prints and looking for similarity or differences between the and print and any of the prints that are on the records that we have for comparison. During the comparison, we're looking for similarity or differences. It just depends. Not every comparison will result in a match or an ID. So you may see more differences than you see similarities. But as we start to make the decision in our mind in whether what the result is that comparison is that prompts the beginning of our evaluation phase, which is really the decision making, part of the process in the methodology that we the way we use it at GBI, we have we can make an identification, which means that we've determined that the latent print and the set of known records we're comparing it to came from the same person we can have an exclusion, which would mean that the latent print and the known prints were made by different sources or different persons, inconclusive within that. There's just not enough detail to say definitively it either is or isn't this person, or it can also be that we need a better set of records. Maybe the ones that we were given may not have been clear enough in a specific area. So we may say that we need new records for comparison. And then lastly, we also use a conclusion that's was not identified or no identification was made, which is it's kind of like a it's not an identification. [13:20:23][190.3] [13:20:23] And we're confident at the latent print is not from a specific source, but we haven't compared it enough to say that it's definitely an exclusion. Exclusion decisions tend to, in some instances, be harder to make when you're doing a comparison as an examiner and you start to feel like you're making an identification because you're seeing and observing features in the same arrangement, you're seeing the similarity. It becomes very easy to say when you've reached an identification because you have like proof positive. This feature is this feature. This one is this one. And everything lines up and you can see it when you have an exclusion. And sometimes it's depending on the area. If you're looking for a link within a large area of the home, there's a lot of area to search and you have to exhaust all the available features and relevant area of the skin before you can confidently say that you have an exclusion. So sometimes exclusion decisions are harder to reach than an identification. And so what we have adopted in our policy is that I know it's not an identification, but I haven't fully excluded this particular person yet. And that we report as we report that as an identification has not been made. Now, I want to turn your attention to DOFFS case number two thousand twenty six zero zero one one eight three. OK, who are the subjects involved under that case? [13:21:52][88.8] [13:21:52] Number? According to the report that I have, the subjects that were listed on the evidence, admission forms were listed as Gregory Johns, MacMichael Traves James McMichaels and William Brian, OK, and who's listed there as the victim? The victim is a listed is listed from the evidence admission forms as a mod Harbury. OK, so I want to turn your attention to the work that you did in this case. Yes. OK, what items did you use to do your comparison in this case? The latent prints that I was asked to examine were on evidence that was labeled as item twenty one in the GBI crime lab. Information system. [13:22:40][47.8] [13:22:39] I itemized them to be twenty one, a twenty one, be twenty one S. and twenty one D. So those are all latent lift cards that were submitted. OK, and then I was given a known finger and palm print cards bearing the name Amy Eileen Elrod and William Roderick. Brian Jr. OK, and did you also use known prints of a modern very. Yes, they appear as item twenty four. OK, if I can just have to tell you this here. Thank you. And this Worley, are you able to see what's there, what's hits or if he needs to step down, you can just make sure he is speaking loud enough for the court for ok, ok, ok. Are you able to see this. OK, please be careful. OK, so you see what I have here. A zone prince. If you need can. Yes. OK, so Amy Elrod, known Prince. You say you received those, right? Yes. Those are marked as item twenty. A reminder. And did you also utilize William Bryans? No. Prince. Yes. And also a Mod Arbor's. No Prince. Yes. OK, and some mid and late list. We talked about those, right? Yes. And did you say they were labeled twenty one A, 21, B, 21 C and 21 D? Yes, ma'am. OK, so if we can just start I guess in reverse chronological order with the twenty one B, what did you determine about twenty one is the cap off my marker for 21 days after I did the initial visual examination for latent prints on that item, [13:24:38][118.3] [13:24:38] I determine that that item was negative. There was not a fraction of details that could be used for comparison. OK, so twenty one, the negative for latent prints for. Yes, ok, go into twenty one, see what did you determine. So there is also the visual examination for twenty one. C was positive, there was friction, detail, presence, but upon analysis I determined it to be unsuitable for comparison. OK, so positive for latent prints but still on unsuitable. Yes Miss. For comparison. OK, so that leaves us with twenty one and twenty one. Be looking at those lists for twenty one and twenty one. B what if anything did you see in those. So on both. [13:25:34][56.1] [13:25:33] I am twenty one A twenty one B my visual examination result is that these items were positive for latent prints. I also notice that they appear to be duplicate lists of the same latent prints. OK, so we have essentially A and B are the same print. Yes, OK. And that's something that from experience in the way latent prints work, you can't ever you can't ever create the same impression twice. They're always going to have different shapes, a different amount of distortion movement because of the pliability and the the way the hand is is built in atomically that you can't ever create the same thing twice. So when we see lift cards that are the same in most aspects, it's likely that they are duplicate lists where the impression is powder's and then piece of tape is used to lift it. And this piece of tape is used to lift it a second time as it both lists were submitted. [13:26:34][60.4] [13:26:34] OK, so before we go further on and B, I just want to go back to D, so were you able to compare anything to see. No, it was negative. OK, were you able to compare anything to see. No, because it was determined to be not suitable for a suitable OK, so no comparison here. Surface. OK, so back to and be positive for latent prints but the same. Yes. [13:27:00][26.1] [13:26:59] Did you choose one over the other for comparison. Yes. Which one did I use. Twenty one. Eh. Because it appeared to be the first list. The development was a little darker on the card. Is a little clearer than what was visible in this. Now go ahead and just tell the jurors your findings for twenty one s in the process that is of course. So I completed an analysis of the latest print that was on twenty one a I determined that the print appear to be from the right home of an individual and that there was sufficient detail present to determine it to be suitable for comparison. At that point, I began the comparison process by comparing the latent print to the palm print cards for Amy Eileen Elrod and William Rodrik. [13:27:53][53.3] [13:27:53] Brian Jr. And my conclusion for both of those comparisons is that no identification was made OK, so for Amy Elrod and William Ryan, we said no identification. Yes, OK, all right. What did you do next, if anything? At that point I compared the latent print from twenty one A, which again is that palm print to the palm print cards that bearing the name Ahmad Marquez Aubury and was able to make an identification to that set of records so identified to Ahmad are very. [13:28:34][41.6] [13:28:34] Yes, OK, so positive I.D.. OK, and did you testify that that was the right palm print. I did. So from his right, yes. OK, were you able to tell where on his right palm that print came from? Yes. OK, so may I approach Your Honor. OK, actually can you step down please. Miss Worley's OK, so I'm going to show you my hand and right hand. And if you can just show and if you can come. So we can just go this way please. Yeah. You do it your back to. Oh, I'm sorry. [13:29:16][42.1] [13:29:16] I'll do this if everybody can because you're off. Of course, Judge. Thank you. We'll just going to flip to the image that I had of the lift card. OK, And my hand is called the the shape of the impression that was made. [13:29:38][21.4] [13:29:38] The shape that appears on the left part is indicative of being from the edge of the palm. So this this area here, it's commonly referred to as a writer's home, because when your writing and your hand moves across the page is usually that portion of the poem that rests on the paper. And so it was very similar to the shape of the palm print that was on this card. Twenty one and then subsequently as well. Twenty one beats. OK, so one second before you said so if I'm holding this marker in my hands, are we talking about like that side that's resting here. Yes. [13:30:13][35.9] [13:30:13] And then sometimes it varies whether it's very straight up and down or if it's angled in a little bit more to get more of the center portion of the palm. But that's still typically referred to as the writer's home when it's that outer edge of the poem. OK, all right. You can have a seat. Thank you so much. Because it was here. [13:30:48][35.0] [13:30:48] I think you're going with this. This is sort of like it was just not touch anything. This. So, Miss Whurley, what, if anything, in looking at the list, what, if anything, did you observe as it relates to the presence or absence of moisture in this particular impression? There did appear to be some areas that looked like they might have been wet or had an additional amount of moisture then other areas within the same impression. In my training, in my experience, one of the things that we are taught to look for as an examiner is what kind of differences may still be present even when an identification is made. As I testified already, you can never create the same impression twice. So even when we have an identification, the latent print is never going to look exactly like the known print. [13:31:52][64.6] [13:31:52] I know sometimes on TV they say show them up on screens and they overlay them and they kind of they match perfectly. But that's not really how latent print comparison works. There's always going to be inherent movement and distortion within any impression that sometimes may be recorded. A known print, sometimes known prints are well recorded and they're free from as much distortion as possible. [13:32:17][24.7] [13:32:17] But one of the things that we have to evaluate in making an identification decision is are we seeing differences that are due to moisture or surface or development issues or are we seeing differences that are inherent to them being from different sources? And we have to use tolerance where where appropriate in making that decision. In this instance, there were areas of the impression that do appear to be wet. The ridges do have a different appearance and the powder does adhere or react differently to more wet areas of the impression. And so that was one of the observations that I did make in this case. But it wasn't so significant that it over or overreached the tolerance that I can use in making an identification decision. OK, so it didn't affect your your evaluation in terms of the identification to Misrata? No, but it does make a difference in in explaining why if it were to be put up for anyone to see, the latent print does not look exactly like the known prints. And one of the reasons for that is there is moisture present. And in doing your comparison, did you follow valid scientific procedure and methods accepted in your field? Yes, I did. OK, and are those methods reliable? Yes, I believe actually in going through the ASV method I left off the V portion. The last part of ASV is the verification. [13:33:45][88.1] [13:33:45] Our policy advice requires that if we all of our decisions are verified by a second examiner, with the exception of the no identification decision and some of are inconclusive. But my suitability decisions for whether for A, B and C, those were all verified by a second examiner. And then my identification decision for item twenty one was also verified by a second examiner. One moment at this time, that is all I have for you. [13:34:18][33.4] [13:34:18] The swirlies that since I have some questions for you, I may just briefly this work. Yes. Hi, I'm Jason Chestnutt. We have talked about this case. Have we know OK, were you given any photographs to come along with items? Twenty one, ABC and No. Four, is it true that you're not sure where that latents palm print came from on the other, that it was came from a trust that you're not sure where all the traffic came from? That's correct. We we describe our evidence based on what's labeled on the lift card. Specifically in this case, they were simply labeled as being from William Bryan's truck. Got it. And then 21 C, which had some some detail on it. Was that a fingerprint? I believe it was, yes. OK, do you know from which finger it came from? No. OK, and then 21 D is that simply you don't know what in the world that was or that it was a fingerprint with no detail that could be used for comparison purposes based on the image that I have available. From what I recall in working this case, there wasn't enough detail to to say otherwise. And that's primarily why the result is also negative. [13:36:15][117.1] [13:36:15] There's just very little detail present, if any. So do you have the photograph of the car photograph? I have a copy. So it's not a great copy. It's just a quick look to see what you're seeing. I may have a question. I'm not sure that I will. The list cards. You. Yeah, the one that the one that goes to see this. Please. OK, so I'm looking at this. Do you see any detail in it that makes you believe that it probably came from the finger? The shape of the impression and the direction of the rich flow is indicative of it being from a finger. [13:37:02][47.3] [13:37:02] But still not sufficient to compare it to any known source. So you've got some detail that you think this probably came from a finger, but then you're looking for enough detail where you can say now I can start counting up enough of the detail to try to match it to another round, say yes. So our our determination for suitability is a combination of quantity and quality of detail. So while that number of features present is a part of the decision, it's not the total or whole component. OK, D is probably a finger. We don't know which D I don't know. I didn't make any determination. OK, but it has some of the details that's consistent with a thing we were talking about. Twenty C over there. All right. So 21 C is probably a finger. It's very likely from a finger. [13:37:51][49.2] [13:37:51] OK, and then D is such that you can't even begin to determine whether it could have come from a finger or not. Correct. OK, got it. And then you don't know where on the truck those things came from. Correct. OK, very good. Thank you. Your question. Yeah there is right now. You're right. Thank you. You may step down. You and you're excused but subject to recall. Stay ready with the Sex Pistols. [13:38:43][51.7] [13:38:43] Yes, right. This time the state's going to call Special Agent Lawrence sort of the truth, the whole truth and nothing but the truth. [13:40:47][124.5] [13:40:46] I do lot of. All right. Please state your name and spell it for a court reporter, please. My name is Lawrence Kelly. That's LSW RNC KLFY. And how are you currently employed? I'm a special agent with the GBI, the Georgia Bureau of Investigation. I am. What is the Georgia Bureau of Investigation? We are a state law enforcement agency. We're the investigative arm of the state government. We of when requested to do so, can assist local agencies with investigations or we can initiate certain investigations on our own involving certain specific violations of law. All right. So you're a special agent. What does that mean? It means I'm a post Georgia Coast Council certified law enforcement officer. I have powers of arrest throughout the state. [13:41:49][63.0] [13:41:49] I have a specialized training in various forms of investigative practices, interviewing and interrogation, certain specialized training in examining cellular telephones and cellular telephone records and elder abuse investigations and general just investigations. All right. So you got the normal training that the GBI provides all special agents, is that right? Yes. OK, but you have some special technical expertize. I do. All right. Tell the jury about your special technical expertize. I have two specialties. One is the only pertinent to this case. I my elder abuse are at risk. Adult from specialist. The other one I am a specialist in the gathering and use of data from cellular telephones and cellular telephones and social media records. [13:42:39][49.3] [13:42:39] I have a specific training and to download and extract data from cellular telephones to obtain records from various providers and to analyze those records. Right. So be fair to say that sometimes you're the guy who gets called out by other fellow agents. Yes, ma'am. Happens of quite frequent. All right. So direct to your attention specifically to May 6th of twenty twenty. Did you become involved in the homicide investigation for Mr. Ahmad Harbury? I did. All right. How did that come to you? I was called I was not involved in in the early stages. I was called by asexuals, but first lady in charge, Richard Dial, who was my direct supervisor, and he told me to report the next morning to assist in syntactical matters involving the Aubury investigation. Right. So he was the one who is in charge of the investigation. He was his back. All right. So, Richard, Dial calls you up. And at this time, did you then submit some video files to another arm of your agency? I did. When I arrived the following morning, I submitted two video files that I had received from Agent for Massingale that were videos, two videos. One was about how the lover of probably a minute moment, little shy of two minutes long, another one was like truncated version of that video to Matthew. He was a digital forensic investigator with our child exploitation and criminal Computer Crimes Unit Indicator. OK, so we'll go ahead and take a piece by piece when it comes to the Georgia Bureau of Investigation, [13:44:34][115.4] [13:44:34] that's a statewide agency. We are. So where is your office? My office is in Queensland. All right. And Matthew Heath, where is he? Out of his offices? He's at our headquarters. Indicate where at the time that our headquarters indicated Decatur. And that is close to what town? Atlanta. OK, so now he was in a different unit, you said? Yes. From the child Exploitation and Computer Crimes Unit has two computer based units, the cat, which is the United Kingdom and the Georgia Cybercrime Center in Augusta, Georgia. So he is a digital forensic investigator. Yes, ma'am. All right. So how is his job duty different than your job duties? He's not a sworn agent. We do some of the same things as a cell phone expert. I can download and extract data from cell phones and cell phones by themselves. He can do that for cell phones, computers, other devices. [13:45:29][54.7] [13:45:29] He also has the ability to do other technical things, such as enhancing enhance video files or reviewing video files for information. OK, so you sent him a one minute forty three second video. Is that the video of the homicide of a moderate? It is. All right. And the shortened version of it. That was the duplicate. Yes, it was. It was a truncated version originally created. I was I viewed the metadata. It was originally created approximately 30 some thirty seven minutes after the after the first oh, and it's just a it's truncated. I mean, it's just like cut force and it's like a thirty six second portion of the original video. All right. So did you also send him surveillance video from two nineteen sitilides, right. I did. Did you also send him five surveillance videos from the interior of 220 Satullo Drive and were those the ones dated February. Twenty third of twenty twenty. Yes. You also send him forty seven surveillance videos from two to four Sadil satellite drive. Yes. All right. Now with regard to the videos from two to four Pilet Drive were three of them from the date in question. February. Twenty third. Twenty twenty. I believe so, yes, ma'am. All right. [13:46:50][81.7] [13:46:50] So the other forty four, they were from January 1, 2020. But I don't recall they were not from they were from prior to the incident. I called exactly two leading questions please. Yeah. Keep wondering. Sure. So after submitting all of this to Matthew, he he's the digital forensic investigator indicator. What did he provide back to you? He provided back to me several videos that he had enhanced of. [13:47:21][31.6] [13:47:21] One of them was a contrast enhancement. Basically, he lightened up certain shadow areas in the video. One was a stabilized video that showed portions of the of the or the video kind of keep it in, keep the video had a lot of extraneous stuff on the side. So it just showed the the major part of the video. And then there were some frame by frame videos, frames each school frames from each of the videos that we saw. All right. So I'm going to go ahead and take you through this. If you had the opportunity, of course, to review the items, Matthew, he's sent back to you back in May 2011. All right. So did you have the opportunity to review State's Exhibit 191, Matthew? He's half speed video of the homicide. Yes, ma'am. All right. And was it fair and accurate? There was. At this time, the state retender into evidence state's exhibit 191. The objection is that they'll be submitted. In addition, did he also submit to state's exhibit 192? [13:48:30][69.4] [13:48:30] I think you mentioned the high contrast video of the homicide. Yes, ma'am. Right at this time, the state would enter into evidence state's exhibit 192 section of the objection to publishing state's exhibit 181. And how is this legal mean? I'll back it up to the beginning. And if you tell the houses it's five six one eight half speed, not empty for me. Agent Kelly. Now, state's exhibit one to two houses, level five six one eight. Not contrast, but just. Yeah, that is by far the difference between one ninety one and one. Ninety two point ninety one was slower. Yes ma'am. One only one is that half speed from the original. And this is, these are from the thirty second the thirty second truncated video. These are half speed. All right. And then the high contrast that is at which speed probably three or four full speed. All right. So when we get approximately, approximately here, which appears to be about ten seconds described, this image is compared to the half speed image, I guess. Is it brighter or darker? It's more. It's brighter. As you can see, the the road on this one is kind of washed out in the sun. You know, the intensity in the blue sky in Asabi, you see white or whether the light has washed out the pale blue in the sky. And the intent behind this is so you can see what I see, things that are that are maybe might be obscured by shadow in the original video. All right. So when we look at this right here, my focus, your attention right here, are we able to actually see what takes place here? It's way what did what? It appeared that the person known to me as Mr. Travis, that Michael raised his hands in this kind of motion. Did you see what he had in the sense that he had something in his hands? I couldn't see directly exactly what it was at that point. I can infer it was from from contact from later, but any contact from later? What does he have? You know, I'm going to object to the witness describing what is obviously in the video. I don't understand why the witness needs to say there are trees in the video. There's a road in the video. The Travis McMichaels holding a shotgun, videos and evidence. Now, video is the evidence. [13:53:39][308.3] [13:53:39] Witness doesn't need to describe. This is a key investigator who received evidence and there's a reason behind what he is doing and what he's observing as far as this case and prosecution goes, which is the details that are in these particular videos is that would be the appropriate question. What do you do that describing the video? It doesn't make any sense. And it's it's fraught with peril. We he's explained what he's done. You're asking me to explain what he believes he's seeing in the video. It's just like something to in addition to Matthew, he's also having received state's exhibit or for having received the videos from 219 Soto Drive to TriZetto Drive and two to four civil drives provide you with another video he did. He took me, took those videos. And basically there's extraneous material in both of them. We cut that out to show Mr. Aubrey's passed through the through the neighborhood and through any way he was seen in any of those particular videos that was submitted by. And you had the opportunity to review state's exhibit two to four. I have. All right. And was that what Matthew, he said, provided to you to just show Mr. Avery's past that day? It is. At this time, the state would tender into evidence state's exhibit two to one to two to two to three and then to two for the past March. If I could just have a moment, Your Honor. Remember what those are. So it's going to be six to one to two to two to three and then to two for the combined. Thank any objection that you don't clarify. Yes, no, no objection. [13:56:09][150.2] [13:56:09] We were just clarifying the exhibits she put to death object to submit to judge looking at state's exhibit two to four, completed and published the state's completed publishing state's exhibit two to four. So May 7th, did you also then receive from our CIC, Caitlyn Ngala in Tennessee? Did she attempt to provide you what she's attempted to do with the Greggory? Michael, no one will call. And the Brian video as far as audio went. Yes, ma'am. I received a letter from Kyle that the Gwinnett County Police Department had previously submitted the 911 calls and the same videos that I submitted to Mr. Keith to the Regional Organized Crime Intelligence Center, or I see they also have the capability of enhancing audio and video. [13:59:32][203.1] [13:59:30] And I was told that some of the files are ready. And so I downloaded enhanced 911 calls and some of the enhanced video products that they produced. But the audio files, no noticeable enhancement was made. But the audio files, it's not like NCIS or TV is there. And it really wasn't. The original video was of a of an audio quality that you could hear what was going on. And I don't think the enhancements brought anything new to light right. But with it came to Mr. Gray that she had also done some videos. Yes, ma'am. In an effort to enhance some things. Is that right? Yes, ma'am. All right. So State's Exhibit 129 has already been entered into evidence and you had an opportunity to review that. That's the one where she said she kind of cut out some extraneous stuff. Yes. Yes. Right. At this time, the state will go ahead and publish the two video files from state to state at one twenty nine, I believe one twenty nine is contained in the court's exhibit three stipulation. What is to stay here? State was the state level from it from IMG five six one seven, which is the longer of the two video polishing state's first female sixty six point twenty nine. The second video of the season 129. Let's say the bottom is stabilized I img five six one seven which is again the longer of the two videos. Now directing your attention to me is of twenty twenty where you tat's with following up on tips. Yes ma'am. That's actually I was actually tasked with that upon my arrival May 7th. But with all the other things I was doing, it was myself, Nicholas Anzac and several of our analysts from the George Information Sharing and Analysis Center in Atlanta, which is a deep work unit. We're tasked with reviewing the numerous tips that were coming in. All right. So they're coming into where they were coming in originally. They were just coming in through either Glen County PD or the sheriff's office. And then GBI announced we had created a tip line and most of them shifted to the GBI tip line. All right. So you were tasked with this unit to follow up on tips that you're getting. And these are from where just from the general public that believe the video had been released publicly at that point. And people were calling in. We had asked anyone with information to call in directly about the case, but we were getting everything from object to here. [14:03:51][260.4] [14:03:50] Your Honor, it's not being a search for the truth of the matter. Asserted that, you know, I'll just make something up. Bob called in and suggested this. It goes to they were receiving these and he took some action on one of the specific tips that I was going to ask about getting more specific. I will judge. All right. So did you attempt to determine if Mr. Aubrey could be seen running with a stick or a hammer? I did. All right. Tell the jury what you did. We have, as I I viewed the video, the half speed videos, we also had all of the still frame images that I mentioned earlier. I believe there were nearly 2000 of them. And we picked the one from the requisite area and reviewed them one by one. And what were you able to determine as far as Mr. Aubrey running with a stick? Objection, Your Honor. This is not an expert opinion here. He's saying I've looked at some pictures taken from some videos that other people enhanced for me. And this is what I think I see or I don't see. This is an issue for the jury. In Georgia. It's the same issues. He's looking at pictures and saying what he thinks he sees in the picture. We join your honor, and I think we're potentially opening doors to go into other tips and the narratives that they might foster say it wasn't going to go into any other tips or other narratives that they might foster. He was tasked with dispelling this tipper, this rumor that was out there, and he went victimization rosacea. We're now testifying. And so I think we need to take it outside. I think I'm still going over. Thank you for you. Overruling Mr. Voss. We're concerned about going into other tips. Mine was the issue of him testifying as an expert officer. It is actually what I was overruled on both. For the record. Thank you. You may ask the question if there's anything in Mr. Always have any point of influence. OK, all right. So you mentioned our frame by frame. That agent he gave to you. Have you a chance to look at state's exhibit three fourteen, the folder containing those? Yes, there is the large number of forms. All right. At this time, the state will tender into evidence the state's 314 at this time, the state's 314 at this time. And I'm sorry, as a witness the same way it was. But I said, you know, a lot of them wrong. I believe there's one thousand ninety five still images from the video. I just want people to have the support of what he was following up on, correct? Yes. And that's the state's tendering 1000 still images for this video. Is that what you're sticking to? Yes, we are tendering the entire one thousand ninety five still images digitally in a digital folder. These are the stills higher video. We're doing a selection of the these what I understand is being tendered. And he just testified to a review of photographs from the video. I understand these are the still photographs that were reviewed by the agent as part of his follow up that he has already described on the record notation, nosegay. I'm still trying to justify why you're the witness. Is this are these still these are still. But he did not read. These are still that were provided to him in the pickup. The other stuff in the stipulation, is that correct? All right. Very good. It was it just wasn't made very clear. So no objection from breaking my submitted. Thank you. So your discussions were like concentric circles. You know, we all eventually realized we're talking about this. I think we're talking about right. I'm actually going go back when we look at this particular folder, what does it say right down here in states three fourteen, the name of the profile, you mean right down here in the far back corner? How many are in there? One thousand ninety five. All right. We open it up. Are we looking at the first image? Yes, ma'am. And how is it labeled? At the very top and five six one eight frame, zero zero zero zero one EMG, which is an image format. All right. And how did you scroll through the same way it appears you're doing it? I use the gallery function on the computer. Such as this. Yes. Somnath, go ahead and stop here real quick for you while fifty seven and then we look at fifty eight. Do you know why there is a difference in clarity between those two particular images? Based on my training since the case at the time I didn't base my training. This case is going to be probably because there was motion blur in that particular frame, as is the camera might be moving a little bit of the cars moving. That would cause the the distortion in the earlier front because you're in a moving car. Yes, he's the the the two things are moving. The car is moving and the and the person taking the video is is moving. [14:10:10][380.1] [14:10:10] All right. Do you have any idea. I don't know. You know, do you know whether this has autofocus. It's trying to focus. I happen to know it was taken with an Apple iPhone. It does. And anybody who's ever taken a photograph of an iPhone as well as you move it, it kind of locks it on something and tries to focus to do that one thing, continue to publish. I hold it down. What does it do? It, move it. Move forward. Like an animation. Like a movie with one frame at a time. But it looks like a movie. And by the time we are here on frame three seventy nine, what's happened first taking the video is let's move the camera. For what reason. [14:12:22][131.8] [14:12:21] I don't know. I don't know. Does that include all one thousand ninety five which just from state's exhibit 190, the actual video of the homicide. Yes, ma'am. Direct your attention now to state's exhibit 315. And Kelly said he had opportunity to look through state's exhibit three fifteen prior to coming in and taking the stand today. Yes, ma'am. And are these just printed out stills of some of the InFocus shots from state's exhibit 314? Yes, it's not included because I overshot and it does it has the response that there was at this time the state enter into evidence state's exhibit 315. No objection to is this a subset of the last exhibit of printed? Correct. These are hard copy printed of Select InFocus images from State's 314. [14:18:13][351.7] [14:18:13] OK, did he take some action to focus on there? Just we're just clear ones as opposed to the ones. All right. So but these are not images that have been manipulated to be different than the images we see on them. These have not been manipulated in any way. They just were printed out from three fourteen. But yes, from the right, there is a good deal. No objection, Your Honor, to see the little more foundation. Thank you. No objection. Gudermes. Thank you. So closing down state's 314. So when we look at state's 315, so for instance, just the very first put up here to see and focus. All right. So is this just one of the still shots from state's 314? Yes, ma'am. It's one of these this one of the from the exhibit we just looked at. All right. So when we look at this address from there, how has how is the state's label that it? So you can see it. It's just about four state three fifteen and then it's 299, which I'm assuming is the the number of the frame from the previous set of rights of 314. This would be still shot to ninety nine so they could print it out. Now you indicated you were kind of the cell phone guy, is that right? I am. All right. So go ahead. And tell the jury what it is you do when you do a cell phone extraction. What is that, a cell phone. That exactly is just that. There's data maintained on cellular telephone for smart devices. It's maintained differently. Only the one we use a software or a device to extract the zero. The the the base data from the device using various methods of from the various software or equipment that we're using. So, for instance, if you have like a Samsung phone or iPhone, do you need different computers to extract the data at the time of this? Yes, ma'am. At the time of that of this case, we needed a major cities use. We have seven different methods that we use. But I was use the Cellebrite physical analyzer to do an iPhone, which they software that runs off of a laptop PC. And we had a self you Fed, which is a device for forensic extraction device also made by Cellebrite to do Android devices like Samsung. All right. So during your investigation, where you give in previous extractions. I was was I was given the extracts and I was given the reports of the extraction, which is when you load the extraction into Cellebrite physical analyzer in order to make any sense without that software, you have to generate a report. And I was given the reports from extractions that Linn County PD did. So Glencairn PD, were they able to give you the raw data? They were not. I asked for it in. Detective Morrison said he did not maintain the data at that time. Since then, he has been told it's probably best to maintain everything. OK, so you got the report, not the data yet. We're able to work with the report, though, due to the Cellebrite system. I was investigating MÃsSICA generated reports in what's called you. You said are you can read the report, which can also be loaded physically, a lot of software and reviewed. All right. So for the purpose of your analysis on May 11th, 20/20, did you look at the report, the extraction reports for Travis McMichaels? I think? And should you look at the extraction reports from William Ryan's cell phone? All right. Were you able to find any communication between Brian Cell Phone and Travis McMichaels cell phone on February? Twenty third. Twenty twenty. Nothing. Nothing that extraction of. All right. So I'm going to move you then forward to May 11th of twenty twenty. Did you work with Agent Seacrest, along with Mr. Ryan and his attorney, Mr. Off? I did. OK, and did Mr. Ryan consent to the download of his phone at that time on May 11th? Twenty, twenty. All right. So but this, of course, is a download as the phone is on. What date? Ismailov OK, so this is May 11th at your downloading. This is. All right. And what were you able to notice as far as Greg, with Michael's cell phone number and Mr. Ryan's number in the original extraction reports? Mitzvot neither neither Michael appeared as a contact in the May 11th extraction. Mr. Greg MacMichael appeared as a contact in Mr Rudd's office right now, also on May 11th, 20-20, were you present during the entire time Mr. Brian was being interviewed by Seacrest? No, ma'am. I was up there for the very beginning, Mr.. Of agreed to let us off his phone and I took his phone in the hopes that we would be able to get it back to him at the end of the interview of the president. But taking longer than we had thought. So we weren't able to do that. Oh, right. So May 11th, were you also interested in any surveillance video that Mr. Ryan may have had? All right. Tell the jury what happens with regard to the night owl surveillance video. Agent Seacrest after the interview came to me and said that they had surveillance at their house and the video had caught some might have some information related to the case. [14:24:34][380.8] [14:24:34] So I accompanied Mr. Ryan Metcalfe and I, an Agent Seacrest, to the house two to three or seven before the Ryan's house to attempt to download the the videos. All right. I'm going to show you that. Go ahead and show you what's been marked as state's exhibit one for ephedrin. Just so Special Agent Kelly, I'm showing you state's exhibit 194. You able to recognize that documents? Yes, ma'am. It appears to be true and great copy of a waiver of constitutional rights for. All right. What's that regard to the our digital security system at the Bryan residence? All right. And who witnessed that? Well, I find it is the witness, Mr. Mr. Bryant signed giving consent. All right. And did he sign freely and voluntarily? He did. This on the state retender into evidence state's exhibit 194 objects. Objects object to move state's exhibit 194. This is for the night, Elpidio. Yes, sir. Right. And what is the date we have here? Five eleven, twenty, twenty, eighteen for which is military time for six fifty four p.m.. All right. So once he signs the waiver and agreed to have his side, our surveillance system download, you went out to the house. What happened? Initially, neither Ryan nor Amy Elrod, who lived with him, could recall the password. So we began looking for the instruction manual for the device. We found that in the course of finding it, they were able to I don't remember how they remember remember the password. So we were able to, in the instruction manual, said that you could download a software that would allow you to view and download the videos from the device. So I did that on my computer. Downloading software and installing it was no problem. But due to the do a poor Internet connection, downloading the videos we download kept failing and it was going to take an inordinate amount of time if we continue to let you decide to do Mr. Golf suggestion, I took the passwords, the consent form, and I had the software loaded on my computer and I went back to where we were working out of the DNR office here in Brunswick, much better Internet connection and was able to download several videos. I tell the jury what the DNR is the of the Georgia Department of Natural Resources. Their office is right there next to the Millennium Bridge that I white building with the tower right there on the marsh. I see you're operating out of there. Yes, ma'am. We were operating on a hillside building. And were you able to then download the night out here? Yes, I was right. Have you had the opportunity to review State's Exhibit 193, the night owl videos? Yes, ma'am. We actually reviewed the videos at the scene. We were we were able look at them, just not download them. And then when I got back to the office, the downloads that we had were didn't seem to play very well. [14:28:15][221.0] [14:28:14] So we actually got the DVR later and got the downloads off of them again. They got the videos off the TV are specifically again. OK, so I kind of did it twice. Yes, ma'am, we did. But do you see change? No matter the videos that we receive, the actual ones that we could actually play were true and correct. What I saw when I was at some Burford that night. Right. So at this time, the state will enter into evidence state's exhibit one 193 U.S. objections. No objection to educate. What I want to do is I'm going to direct your attention first to the night owl video that ends in two five seven within the folder labeled one ninety four. The right here. What's the jury looking at? The video of the porch. And I think I'm beginning to that's the Bryant residence. I think it's three oh seven four four drive by. And what does it say down here front door? What to say up here in the upper right hand corner, do twenty three twenty twenty thirteen oh nine forty five, which is again in and minus times one of nine fifty five publishing. So this particular video system, we have about thirty seconds here. Why that it appeared in the video system was motion activated so it only records when there is motion to capture. Usually as anybody who's ever walked into like a bathroom with windows, motion detectors, there's a split second before it actually starts. And then if there's if there's not a lot of motion, it turns off. So when you looked at the night owl videos, you didn't have one continuous long video? No, man. [14:30:52][158.0] [14:30:52] There were short little snippets right. Publishing then within states, exhibit 194, the video ending in two five states. So what's the apostrophe at the beginning? What time are we looking at up here in the upper right hand? Corner at thirteen eleven and a four one and one of the four. All right. So we're talking about two minutes later publishing the video, the last three numbers to fifty eight within state's exhibit 194. So even though we don't have anything happening here in motion within the video, it's still taking us 30 second snippets. But yes, monitoring of how the motion video works is once the motion is activated, it takes video for a of time. If there is continual motion, it will continue to report. It's not it will it will stop recording. And I want to correct the record from it. The state's exhibit 193 is the folder containing the images six exhibit ninety four was the signed waiver. So if I misspoke earlier, this is the folder labeled one ninety three. We're now going to look at the video with the last three digits to six one. So what is the time on this? The View and do two six one thirteen eleven oh three is when it first. Was there any video with this angle before this number? I call remember, degen with. And were you able to then find any video afterwards meeting as Mr. Brian pulls the truck up, was there another video showing what he actually did out in the street. No, no. Your attention to the video for two, seven, eight. What time do we have here? Thirteen fifty eight. [14:34:27][215.0] [14:34:27] Oh, not same day. So thirteen fifty eight hours for some of the ones with this truck. That was at thirteen, eleven and publishing video three twelve was the time we have had here. Fourteen forty eight. And do you have any idea why Mr. Ryan is going back to his residence on a bicycle. Ebenstein. All right. So let's go ahead and talk about May 13th of twenty. Twenty where you present what Agent Seacrest had another interview with Mr Ryan. Mr Gosse, I was not present for the interview. After the interview. I was told that we had consented to download the Facebook page. And did you, in fact, download his Facebook? I did. All right. So with regard to Mr Bryan's Facebook page, was he a member of the satellite or Facebook group? He was not. And was he Facebook friends with Travis or Michael? No, no makeup. And was Facebook friends with Greg. Michael, not on May 13th. So when you downloaded it, you were able to see who he was friends with on that date? Yes, I downloaded it on the date that the that the download actually takes that. But you actually download we use the feature of the feature of Facebook that just allows a user to download their their page. I was provided from with the passwords and user credentials and was able to. I believe you. I've actually used his phone to do it to download the page. So this isn't like an official record from Facebook. I know. And this is not a we didn't get this from Facebook. We didn't get it from the provider do legal methods. We got it through the consent and downloaded log into his Facebook page and downloaded it just like anybody else could. All right. So would be fair to characterize it as a snapshot, as it was in May of 2014 to her testifying in leading the witness. She got on direct. It's asking a question. How would you characterize the download from a twenty twenty? It is how the account appeared all the day at the time that I initiated the download, was there any historical data? There was. There was historical posts and things that were just like your Facebook feed. It can stays there that you deleted or until until it eventually, I guess, goes away that most. I've got a Facebook information back many years, though, so I think if you actually have to actually delete it for the way, is there any way for you to know, based on the download from May 13th of twenty twenty, whether Mr. Brian had deleted anything? Oh no, not, not with that. Oh not with the information from the download. It May 15th. Did you continue to assist with looking into text from the GBI tip line part and were you tasked with looking into another social media website. Not Facebook, but a different one. Yes. Which one of several actually next door and Snapchat. Right. So regarding next door dot com, what did you do? I preservation letter to through their their legal compliance office preservation letter. Just federal law allows law enforcement to reserve certain records on electronic communications providers, social media platforms, telephone. So your telephone providers, things like that. And all you have to do to preserve it is send a letter with case number six and a preservation request to next door. Yes, sir. Do you send a preservation request to any other provider of cell phone data you've been authorized? AT&T, I believe we sent one Apple, we set one up thing. OK, so that was it. How in dispute was it as far as the defendant's location on the day of February? Twenty third. Twenty twenty. It was an issue. Sometimes it's nice to corroborate information that you already have with additional information. So this is an abundance of caution. Yes. May twenty twenty. Did you also download someone else's Facebook data related to Mr. Bryan yesterday? A.m. rather I believe it was, I believe chooses his fiancee at time. They pull it together and they May 19th, Bizzell. I tell them, yes, ma'am. She could not provide her cell phone. She told me and I verified later verified that she had provided consent to do both. And I was not able to get her. She had work, so we had to get her cell phone following that. All right. Now, let's jump forward to May 19th of twenty twenty. What was going to take place on May 19th of twenty twenty? I sort of got the down for this examination is going to be how do I do that rape. I'm trying not to be disruptive. I, I have five more questions and nothing else to publish. But we're going to take place on May 19. Twenty twenty eight search of the micro residence. Right. And what you do to assist in that execution of a search warrant for prior to the search, I search the tax records of Thirty Telegraph, who actually owned two three satellite drive Descombes. I don't remember. There's something Amy was the first one of them that there from Athens, Georgia. [14:41:50][443.2] [14:41:50] I don't remember the exact address. All right. So two, three still drive on by the Scroggs of Athens, Georgia. What did you do next? I don't believe the agency we to perform the search. All right. It would be fair to say all he did was seize the Wi-Fi router. That's all I did. I just did other things that we were interested in. Some of the data we got had gotten off one of the cell phone dumps. How do I find out information we were trying to verify it. Was that right? [14:41:50][0.0] [14:42:21] I and then going ahead to June 30th of twenty twenty, you said a preservation request to some other agency or rather Amazon.com. Oh, I did. Intermedia, I think it was owned by Amazon is who I sent it to, would say for blink the blank camera systems. All right. And who had a blank camera system, Larry, did you ever get anything back from Amazon.com or the other company with regard to the blinks camera? We never got a response that they received the preservation request. I don't know if any. I was not my purview at this case. The issue was I don't know if you want to pay or anything like that, but we've never got verification of it for the records right now. On June 4th, did you actually get feedback from next door dotcom idea? I received that telephone call from their legal analyst and their their counsel of record, and they advised that they had done a diligent search of their records based on the information that I had provided them, [14:43:28][66.9] [14:43:27] plus publicly available information at the time to see if there was anything in their system that would be relevant to the case. Very important. And they were unable to find any. Were you specifically looking for Larry English's potential next or stuff? We yes, we were looking for four references to what references to the case in general. We're also looking maybe references to to crimes in the in the city stores or adjacent neighborhoods. Nothing of relevance and nothing in that's what they call me. Nothing of relevance. I didn't provide anything much and eventually received the cell phone records back from Verizon for Travis MacMichael and Prizefighting. And at some point in time, were you given an extraction report for another person, cell phone? I was. I specialize a lot with our region for office. Who was my counterpart over there? He's the cell phone person over there. I downloaded Mr. Engelhardt's his cell phone and provided me if actually the data it was not a report. He provided me with the data and I generated the report. All right. So now the videos of the interior exterior to satellite drive when they came that way to you from Larry Englishes phone, did they data associated with them? Yes, ma'am. So I guess when they did and were you able to find them embedded in texts that he had sent out? Yes. And some of them were duplicated, which is indicative of them being associated or forwarded or sent the text message and we also found them within the text messages in the some of the I will pass the witness list. Don't wear a good time to go ahead and break when we go take a fifteen minute recess and do not discuss the case among yourselves. We'll see in about 15 minutes. Mr.. All right. As you step down, I remind you that you're under oath. Do not discuss your testimony with anybody during the recess. Recess for 15 minutes [14:43:27][0.0] [GAP]
AHMAUD ARBERY MURDER TRIAL BRUNSWICK GA CAM 3 POOL 11152021 1300
COURTROOM FTG OF THE TRIAL IN THE AHMAUD ARBERY CASE / TRAVIS MCMICHAEL, GREGORY MCMICHAEL AND WILLIAM RODDIE BRYAN ARE CHARGED WITH THE MURDER OF AHMAUD ARBERY / CAM 3 [13:07:51][3827.4] [13:07:51] It's going to. All right for the jury. They. All right. Welcome back, ladies and gentlemen. Hopefully you had a good lunch. We are ready to proceed with the evidence in the case state ready with its next witness. Yes, Your Honor. The state calls Jesse Whurley Jesse a oh, yes, Makes sense. [13:10:14][143.3] [13:10:14] Yeah, Truth and nothing but the truth. I do good. Good afternoon. Can you please go ahead and introduce yourself to the jury, tell me your name and spell it for the court. Reporter. My name is Jesse Worley. It's Jesse w o r e y. OK, and this really how are you currently employed? I work in the Division of Forensic Sciences for the Georgia Bureau of Investigation. It's also referred to as the crime lab. I work in the impressions, evidence section as a latent print examiner. OK, and what are your job duties currently? [13:11:01][47.5] [13:11:01] Primarily my job is a latent print examiner is to analyze items of evidence that are submitted for latent print services for comparison, database searching or chemical processing. In our laboratory, I conducted database searches. I do comparisons of latent prints to known exemplars, are known prints and then issue results of by reports of my results and then testify in court when needed. And how long have you been working in that capacity in your field? I've been with the GBI for 14 years. And please go ahead and tell us your education and training. I have a bachelor's of science in forensic and investigative sciences from West Virginia. University. I graduated from there in 2007. I was employed by the GBI that fall in November and I completed a training program that lasted about two years prior to being able to write my own reports. [13:11:59][57.9] [13:11:59] The training covered every aspect of casework that we do as latent print examiners and included courtroom testimony and evidence, analysis and processing. I can complete sixteen hours of annual outside education or continuing education every year as well since the completion of my training program. OK, and are you a member of any professional organizations in your field? Yes, I am. Can you tell us which ones? Primarily, I am a member of a member of the International Association for Identification, which is a professional organization across the globe that is geared towards education and publications for forensic practitioners and identification sciences. Like latent prints also question documents, DNA and crime scene investigation. I'm also a member of the Georgia State Division of the I and I also hold an office with that group as well. Have you testified as an expert before? Yes, I have. OK, what have testified testified as an expert in specifically in late inference. OK, and has that been in Georgia? Yes, ma'am. About how many times getting close to 60. I think the last time I counted it was like fifty seven. Fifty eight times. OK, Your Honor, at this point we would tender Miss Worli as an expert in latent print examination. No objection to objection. Thank you. Now, Mr. Lee, I want to go through some terms with you. And if you can just describe or explain those for me, OK? OK, are you familiar with the term Friction Ridge detail? Yes. Can you tell the jury what that is? So friction Ridgedale, as we refer to it and latent print examination is actually the composition and features that are on the skin that make up the palms of the hands and also the soles of the feet. It's that detail and those characteristics that are replicated in your hand or finger or foot makes contact with a surface. And in that detail, that arrangement of those features is transferred onto the surface and leave the latent print that we can subsequently develop and then hopefully compare in in hopes of identifying it to a source. So when I look at my finger, are you talking about the lines and grooves? Yes. So my fingertips, the the skin on the the palms surface of the hands is referred to as friction rich skin. It's made up of a series of ridges and raised areas as opposed to the rest of the skin on the body, which is fairly smooth within that rich flow. There are different features where ridges either start and stop or they split into two. [13:14:46][166.9] [13:14:46] And it's those specific features in the arrangement of those features within the the friction rich skin that make up the detail that we use for comparison. Now, what is an inked print also known as a known print? What's that? So ink prints that traditionally were taken using printers, ink on on a white card stock to record the detail of the finger prints or palm print of a specific person so that they can be used for comparison in today with all the advances in technology, most known prints are now recorded digitally with a glass like a glass plate and almost a scanner or camera type setup underneath [13:15:27][41.1] [13:15:27] But the idea is the same. The detail of the skin is recorded clearly so that it can be used for comparison. And can you please tell the jury what is a latent print? So latent prints are what we are looking for, primarily like in evidence in a case to determine who may have handled an item or come in contact with a particular surface. Latent prints are typically referred to is latent in that they're not necessarily visible right away. [13:15:58][31.5] [13:15:58] When an object is discovered as a piece of evidence, the latent print may require development techniques like fingerprint powder or other chemical methods to make it visible. And then even at that point, as an examiner, we commonly refer to them as still being latent prints until we've identified them to a known source. Now, what does it mean when an item is positive for latent prints at the GBI crime lab? The policy that we employ for determining whether an item is positive or negative for latent prints, we conduct a visual examination of the item, whether it's a lift card that has a powdered impression that was collected from the crime scene, or if we're getting in an item itself and we do the processing in-house, we're looking to see if after development there is any visible friction. Ridge detail that could be used for comparison. So sometimes if an item is decided, we decide that it's negative. It might mean that there is no ridge detail on it at all, or it could be that there is some detail, but it's so limited or so sparse or even obliterated or distorted where it's not going to be usable because it's not clear enough for a comparison that could also still produce a negative result. [13:17:14][75.4] [13:17:13] But but at the point where we say we have enough detail present on the item to to use it for a comparison, then we say it's positive. And what does it mean when you say an item is suitable for comparison? So once we have a positive results that we've done a visual examination and there is usable friction, rich detail on this item or this list card, the first step of our process is to analyze the amount of detail that's there, the type of detail, the clarity of it, and determine if it is in fact suitable for comparison. So we do the visual examination is either positive or negative. If we have the positive results, then we determine if it's suitable or not. Suitable for comparison, which is really just we're going kind of up a ladder in terms of how much quality and quantity of detail is present in the impression. So we have positive. And then if we say the analysis results are suitable, we have enough detail or sufficient detail to be able to compare it to a known set of prints and can you just let the jurors know what is the process that you use that the GBI for comparing latent prints to known prints? So the first step I'd like, as I said, is the visual examination to determine if we have any latent print detail present. The next part of the methodology we refer to is the ace. The method is an acronym for analysis, comparison, evaluation and verification. So the analysis is the first part that I've described in determining from our positive results which of those impressions may be suitable for a comparison. Once an impression is determined to be suitable, then we'll move on to a comparison that's that's taking the latent print and putting it side by side with a set of known prints and looking for similarity or differences between the and print and any of the prints that are on the records that we have for comparison. During the comparison, we're looking for similarity or differences. It just depends. Not every comparison will result in a match or an ID. So you may see more differences than you see similarities. But as we start to make the decision in our mind in whether what the result is that comparison is that prompts the beginning of our evaluation phase, which is really the decision making, part of the process in the methodology that we the way we use it at GBI, we have we can make an identification, which means that we've determined that the latent print and the set of known records we're comparing it to came from the same person we can have an exclusion, which would mean that the latent print and the known prints were made by different sources or different persons, inconclusive within that. There's just not enough detail to say definitively it either is or isn't this person, or it can also be that we need a better set of records. Maybe the ones that we were given may not have been clear enough in a specific area. So we may say that we need new records for comparison. And then lastly, we also use a conclusion that's was not identified or no identification was made, which is it's kind of like a it's not an identification. [13:20:23][190.3] [13:20:23] And we're confident at the latent print is not from a specific source, but we haven't compared it enough to say that it's definitely an exclusion. Exclusion decisions tend to, in some instances, be harder to make when you're doing a comparison as an examiner and you start to feel like you're making an identification because you're seeing and observing features in the same arrangement, you're seeing the similarity. It becomes very easy to say when you've reached an identification because you have like proof positive. This feature is this feature. This one is this one. And everything lines up and you can see it when you have an exclusion. And sometimes it's depending on the area. If you're looking for a link within a large area of the home, there's a lot of area to search and you have to exhaust all the available features and relevant area of the skin before you can confidently say that you have an exclusion. So sometimes exclusion decisions are harder to reach than an identification. And so what we have adopted in our policy is that I know it's not an identification, but I haven't fully excluded this particular person yet. And that we report as we report that as an identification has not been made. Now, I want to turn your attention to DOFFS case number two thousand twenty six zero zero one one eight three. OK, who are the subjects involved under that case? [13:21:52][88.8] [13:21:52] Number? According to the report that I have, the subjects that were listed on the evidence, admission forms were listed as Gregory Johns, MacMichael Traves James McMichaels and William Brian, OK, and who's listed there as the victim? The victim is a listed is listed from the evidence admission forms as a mod Harbury. OK, so I want to turn your attention to the work that you did in this case. Yes. OK, what items did you use to do your comparison in this case? The latent prints that I was asked to examine were on evidence that was labeled as item twenty one in the GBI crime lab. Information system. [13:22:40][47.8] [13:22:39] I itemized them to be twenty one, a twenty one, be twenty one S. and twenty one D. So those are all latent lift cards that were submitted. OK, and then I was given a known finger and palm print cards bearing the name Amy Eileen Elrod and William Roderick. Brian Jr. OK, and did you also use known prints of a modern very. Yes, they appear as item twenty four. OK, if I can just have to tell you this here. Thank you. And this Worley, are you able to see what's there, what's hits or if he needs to step down, you can just make sure he is speaking loud enough for the court for ok, ok, ok. Are you able to see this. OK, please be careful. OK, so you see what I have here. A zone prince. If you need can. Yes. OK, so Amy Elrod, known Prince. You say you received those, right? Yes. Those are marked as item twenty. A reminder. And did you also utilize William Bryans? No. Prince. Yes. And also a Mod Arbor's. No Prince. Yes. OK, and some mid and late list. We talked about those, right? Yes. And did you say they were labeled twenty one A, 21, B, 21 C and 21 D? Yes, ma'am. OK, so if we can just start I guess in reverse chronological order with the twenty one B, what did you determine about twenty one is the cap off my marker for 21 days after I did the initial visual examination for latent prints on that item, [13:24:38][118.3] [13:24:38] I determine that that item was negative. There was not a fraction of details that could be used for comparison. OK, so twenty one, the negative for latent prints for. Yes, ok, go into twenty one, see what did you determine. So there is also the visual examination for twenty one. C was positive, there was friction, detail, presence, but upon analysis I determined it to be unsuitable for comparison. OK, so positive for latent prints but still on unsuitable. Yes Miss. For comparison. OK, so that leaves us with twenty one and twenty one. Be looking at those lists for twenty one and twenty one. B what if anything did you see in those. So on both. [13:25:34][56.1] [13:25:33] I am twenty one A twenty one B my visual examination result is that these items were positive for latent prints. I also notice that they appear to be duplicate lists of the same latent prints. OK, so we have essentially A and B are the same print. Yes, OK. And that's something that from experience in the way latent prints work, you can't ever you can't ever create the same impression twice. They're always going to have different shapes, a different amount of distortion movement because of the pliability and the the way the hand is is built in atomically that you can't ever create the same thing twice. So when we see lift cards that are the same in most aspects, it's likely that they are duplicate lists where the impression is powder's and then piece of tape is used to lift it. And this piece of tape is used to lift it a second time as it both lists were submitted. [13:26:34][60.4] [13:26:34] OK, so before we go further on and B, I just want to go back to D, so were you able to compare anything to see. No, it was negative. OK, were you able to compare anything to see. No, because it was determined to be not suitable for a suitable OK, so no comparison here. Surface. OK, so back to and be positive for latent prints but the same. Yes. [13:27:00][26.1] [13:26:59] Did you choose one over the other for comparison. Yes. Which one did I use. Twenty one. Eh. Because it appeared to be the first list. The development was a little darker on the card. Is a little clearer than what was visible in this. Now go ahead and just tell the jurors your findings for twenty one s in the process that is of course. So I completed an analysis of the latest print that was on twenty one a I determined that the print appear to be from the right home of an individual and that there was sufficient detail present to determine it to be suitable for comparison. At that point, I began the comparison process by comparing the latent print to the palm print cards for Amy Eileen Elrod and William Rodrik. [13:27:53][53.3] [13:27:53] Brian Jr. And my conclusion for both of those comparisons is that no identification was made OK, so for Amy Elrod and William Ryan, we said no identification. Yes, OK, all right. What did you do next, if anything? At that point I compared the latent print from twenty one A, which again is that palm print to the palm print cards that bearing the name Ahmad Marquez Aubury and was able to make an identification to that set of records so identified to Ahmad are very. [13:28:34][41.6] [13:28:34] Yes, OK, so positive I.D.. OK, and did you testify that that was the right palm print. I did. So from his right, yes. OK, were you able to tell where on his right palm that print came from? Yes. OK, so may I approach Your Honor. OK, actually can you step down please. Miss Worley's OK, so I'm going to show you my hand and right hand. And if you can just show and if you can come. So we can just go this way please. Yeah. You do it your back to. Oh, I'm sorry. [13:29:16][42.1] [13:29:16] I'll do this if everybody can because you're off. Of course, Judge. Thank you. We'll just going to flip to the image that I had of the lift card. OK, And my hand is called the the shape of the impression that was made. [13:29:38][21.4] [13:29:38] The shape that appears on the left part is indicative of being from the edge of the palm. So this this area here, it's commonly referred to as a writer's home, because when your writing and your hand moves across the page is usually that portion of the poem that rests on the paper. And so it was very similar to the shape of the palm print that was on this card. Twenty one and then subsequently as well. Twenty one beats. OK, so one second before you said so if I'm holding this marker in my hands, are we talking about like that side that's resting here. Yes. [13:30:13][35.9] [13:30:13] And then sometimes it varies whether it's very straight up and down or if it's angled in a little bit more to get more of the center portion of the palm. But that's still typically referred to as the writer's home when it's that outer edge of the poem. OK, all right. You can have a seat. Thank you so much. Because it was here. [13:30:48][35.0] [13:30:48] I think you're going with this. This is sort of like it was just not touch anything. This. So, Miss Whurley, what, if anything, in looking at the list, what, if anything, did you observe as it relates to the presence or absence of moisture in this particular impression? There did appear to be some areas that looked like they might have been wet or had an additional amount of moisture then other areas within the same impression. In my training, in my experience, one of the things that we are taught to look for as an examiner is what kind of differences may still be present even when an identification is made. As I testified already, you can never create the same impression twice. So even when we have an identification, the latent print is never going to look exactly like the known print. [13:31:52][64.6] [13:31:52] I know sometimes on TV they say show them up on screens and they overlay them and they kind of they match perfectly. But that's not really how latent print comparison works. There's always going to be inherent movement and distortion within any impression that sometimes may be recorded. A known print, sometimes known prints are well recorded and they're free from as much distortion as possible. [13:32:17][24.7] [13:32:17] But one of the things that we have to evaluate in making an identification decision is are we seeing differences that are due to moisture or surface or development issues or are we seeing differences that are inherent to them being from different sources? And we have to use tolerance where where appropriate in making that decision. In this instance, there were areas of the impression that do appear to be wet. The ridges do have a different appearance and the powder does adhere or react differently to more wet areas of the impression. And so that was one of the observations that I did make in this case. But it wasn't so significant that it over or overreached the tolerance that I can use in making an identification decision. OK, so it didn't affect your your evaluation in terms of the identification to Misrata? No, but it does make a difference in in explaining why if it were to be put up for anyone to see, the latent print does not look exactly like the known prints. And one of the reasons for that is there is moisture present. And in doing your comparison, did you follow valid scientific procedure and methods accepted in your field? Yes, I did. OK, and are those methods reliable? Yes, I believe actually in going through the ASV method I left off the V portion. The last part of ASV is the verification. [13:33:45][88.1] [13:33:45] Our policy advice requires that if we all of our decisions are verified by a second examiner, with the exception of the no identification decision and some of are inconclusive. But my suitability decisions for whether for A, B and C, those were all verified by a second examiner. And then my identification decision for item twenty one was also verified by a second examiner. One moment at this time, that is all I have for you. [13:34:18][33.4] [13:34:18] The swirlies that since I have some questions for you, I may just briefly this work. Yes. Hi, I'm Jason Chestnutt. We have talked about this case. Have we know OK, were you given any photographs to come along with items? Twenty one, ABC and No. Four, is it true that you're not sure where that latents palm print came from on the other, that it was came from a trust that you're not sure where all the traffic came from? That's correct. We we describe our evidence based on what's labeled on the lift card. Specifically in this case, they were simply labeled as being from William Bryan's truck. Got it. And then 21 C, which had some some detail on it. Was that a fingerprint? I believe it was, yes. OK, do you know from which finger it came from? No. OK, and then 21 D is that simply you don't know what in the world that was or that it was a fingerprint with no detail that could be used for comparison purposes based on the image that I have available. From what I recall in working this case, there wasn't enough detail to to say otherwise. And that's primarily why the result is also negative. [13:36:15][117.1] [13:36:15] There's just very little detail present, if any. So do you have the photograph of the car photograph? I have a copy. So it's not a great copy. It's just a quick look to see what you're seeing. I may have a question. I'm not sure that I will. The list cards. You. Yeah, the one that the one that goes to see this. Please. OK, so I'm looking at this. Do you see any detail in it that makes you believe that it probably came from the finger? The shape of the impression and the direction of the rich flow is indicative of it being from a finger. [13:37:02][47.3] [13:37:02] But still not sufficient to compare it to any known source. So you've got some detail that you think this probably came from a finger, but then you're looking for enough detail where you can say now I can start counting up enough of the detail to try to match it to another round, say yes. So our our determination for suitability is a combination of quantity and quality of detail. So while that number of features present is a part of the decision, it's not the total or whole component. OK, D is probably a finger. We don't know which D I don't know. I didn't make any determination. OK, but it has some of the details that's consistent with a thing we were talking about. Twenty C over there. All right. So 21 C is probably a finger. It's very likely from a finger. [13:37:51][49.2] [13:37:51] OK, and then D is such that you can't even begin to determine whether it could have come from a finger or not. Correct. OK, got it. And then you don't know where on the truck those things came from. Correct. OK, very good. Thank you. Your question. Yeah there is right now. You're right. Thank you. You may step down. You and you're excused but subject to recall. Stay ready with the Sex Pistols. [13:38:43][51.7] [13:38:43] Yes, right. This time the state's going to call Special Agent Lawrence sort of the truth, the whole truth and nothing but the truth. [13:40:47][124.5] [13:40:46] I do lot of. All right. Please state your name and spell it for a court reporter, please. My name is Lawrence Kelly. That's LSW RNC KLFY. And how are you currently employed? I'm a special agent with the GBI, the Georgia Bureau of Investigation. I am. What is the Georgia Bureau of Investigation? We are a state law enforcement agency. We're the investigative arm of the state government. We of when requested to do so, can assist local agencies with investigations or we can initiate certain investigations on our own involving certain specific violations of law. All right. So you're a special agent. What does that mean? It means I'm a post Georgia Coast Council certified law enforcement officer. I have powers of arrest throughout the state. [13:41:49][63.0] [13:41:49] I have a specialized training in various forms of investigative practices, interviewing and interrogation, certain specialized training in examining cellular telephones and cellular telephone records and elder abuse investigations and general just investigations. All right. So you got the normal training that the GBI provides all special agents, is that right? Yes. OK, but you have some special technical expertize. I do. All right. Tell the jury about your special technical expertize. I have two specialties. One is the only pertinent to this case. I my elder abuse are at risk. Adult from specialist. The other one I am a specialist in the gathering and use of data from cellular telephones and cellular telephones and social media records. [13:42:39][49.3] [13:42:39] I have a specific training and to download and extract data from cellular telephones to obtain records from various providers and to analyze those records. Right. So be fair to say that sometimes you're the guy who gets called out by other fellow agents. Yes, ma'am. Happens of quite frequent. All right. So direct to your attention specifically to May 6th of twenty twenty. Did you become involved in the homicide investigation for Mr. Ahmad Harbury? I did. All right. How did that come to you? I was called I was not involved in in the early stages. I was called by asexuals, but first lady in charge, Richard Dial, who was my direct supervisor, and he told me to report the next morning to assist in syntactical matters involving the Aubury investigation. Right. So he was the one who is in charge of the investigation. He was his back. All right. So, Richard, Dial calls you up. And at this time, did you then submit some video files to another arm of your agency? I did. When I arrived the following morning, I submitted two video files that I had received from Agent for Massingale that were videos, two videos. One was about how the lover of probably a minute moment, little shy of two minutes long, another one was like truncated version of that video to Matthew. He was a digital forensic investigator with our child exploitation and criminal Computer Crimes Unit Indicator. OK, so we'll go ahead and take a piece by piece when it comes to the Georgia Bureau of Investigation, [13:44:34][115.4] [13:44:34] that's a statewide agency. We are. So where is your office? My office is in Queensland. All right. And Matthew Heath, where is he? Out of his offices? He's at our headquarters. Indicate where at the time that our headquarters indicated Decatur. And that is close to what town? Atlanta. OK, so now he was in a different unit, you said? Yes. From the child Exploitation and Computer Crimes Unit has two computer based units, the cat, which is the United Kingdom and the Georgia Cybercrime Center in Augusta, Georgia. So he is a digital forensic investigator. Yes, ma'am. All right. So how is his job duty different than your job duties? He's not a sworn agent. We do some of the same things as a cell phone expert. I can download and extract data from cell phones and cell phones by themselves. He can do that for cell phones, computers, other devices. [13:45:29][54.7] [13:45:29] He also has the ability to do other technical things, such as enhancing enhance video files or reviewing video files for information. OK, so you sent him a one minute forty three second video. Is that the video of the homicide of a moderate? It is. All right. And the shortened version of it. That was the duplicate. Yes, it was. It was a truncated version originally created. I was I viewed the metadata. It was originally created approximately 30 some thirty seven minutes after the after the first oh, and it's just a it's truncated. I mean, it's just like cut force and it's like a thirty six second portion of the original video. All right. So did you also send him surveillance video from two nineteen sitilides, right. I did. Did you also send him five surveillance videos from the interior of 220 Satullo Drive and were those the ones dated February. Twenty third of twenty twenty. Yes. You also send him forty seven surveillance videos from two to four Sadil satellite drive. Yes. All right. Now with regard to the videos from two to four Pilet Drive were three of them from the date in question. February. Twenty third. Twenty twenty. I believe so, yes, ma'am. All right. [13:46:50][81.7] [13:46:50] So the other forty four, they were from January 1, 2020. But I don't recall they were not from they were from prior to the incident. I called exactly two leading questions please. Yeah. Keep wondering. Sure. So after submitting all of this to Matthew, he he's the digital forensic investigator indicator. What did he provide back to you? He provided back to me several videos that he had enhanced of. [13:47:21][31.6] [13:47:21] One of them was a contrast enhancement. Basically, he lightened up certain shadow areas in the video. One was a stabilized video that showed portions of the of the or the video kind of keep it in, keep the video had a lot of extraneous stuff on the side. So it just showed the the major part of the video. And then there were some frame by frame videos, frames each school frames from each of the videos that we saw. All right. So I'm going to go ahead and take you through this. If you had the opportunity, of course, to review the items, Matthew, he's sent back to you back in May 2011. All right. So did you have the opportunity to review State's Exhibit 191, Matthew? He's half speed video of the homicide. Yes, ma'am. All right. And was it fair and accurate? There was. At this time, the state retender into evidence state's exhibit 191. The objection is that they'll be submitted. In addition, did he also submit to state's exhibit 192? [13:48:30][69.4] [13:48:30] I think you mentioned the high contrast video of the homicide. Yes, ma'am. Right at this time, the state would enter into evidence state's exhibit 192 section of the objection to publishing state's exhibit 181. And how is this legal mean? I'll back it up to the beginning. And if you tell the houses it's five six one eight half speed, not empty for me. Agent Kelly. Now, state's exhibit one to two houses, level five six one eight. Not contrast, but just. Yeah, that is by far the difference between one ninety one and one. Ninety two point ninety one was slower. Yes ma'am. One only one is that half speed from the original. And this is, these are from the thirty second the thirty second truncated video. These are half speed. All right. And then the high contrast that is at which speed probably three or four full speed. All right. So when we get approximately, approximately here, which appears to be about ten seconds described, this image is compared to the half speed image, I guess. Is it brighter or darker? It's more. It's brighter. As you can see, the the road on this one is kind of washed out in the sun. You know, the intensity in the blue sky in Asabi, you see white or whether the light has washed out the pale blue in the sky. And the intent behind this is so you can see what I see, things that are that are maybe might be obscured by shadow in the original video. All right. So when we look at this right here, my focus, your attention right here, are we able to actually see what takes place here? It's way what did what? It appeared that the person known to me as Mr. Travis, that Michael raised his hands in this kind of motion. Did you see what he had in the sense that he had something in his hands? I couldn't see directly exactly what it was at that point. I can infer it was from from contact from later, but any contact from later? What does he have? You know, I'm going to object to the witness describing what is obviously in the video. I don't understand why the witness needs to say there are trees in the video. There's a road in the video. The Travis McMichaels holding a shotgun, videos and evidence. Now, video is the evidence. [13:53:39][308.3] [13:53:39] Witness doesn't need to describe. This is a key investigator who received evidence and there's a reason behind what he is doing and what he's observing as far as this case and prosecution goes, which is the details that are in these particular videos is that would be the appropriate question. What do you do that describing the video? It doesn't make any sense. And it's it's fraught with peril. We he's explained what he's done. You're asking me to explain what he believes he's seeing in the video. It's just like something to in addition to Matthew, he's also having received state's exhibit or for having received the videos from 219 Soto Drive to TriZetto Drive and two to four civil drives provide you with another video he did. He took me, took those videos. And basically there's extraneous material in both of them. We cut that out to show Mr. Aubrey's passed through the through the neighborhood and through any way he was seen in any of those particular videos that was submitted by. And you had the opportunity to review state's exhibit two to four. I have. All right. And was that what Matthew, he said, provided to you to just show Mr. Avery's past that day? It is. At this time, the state would tender into evidence state's exhibit two to one to two to two to three and then to two for the past March. If I could just have a moment, Your Honor. Remember what those are. So it's going to be six to one to two to two to three and then to two for the combined. Thank any objection that you don't clarify. Yes, no, no objection. [13:56:09][150.2] [13:56:09] We were just clarifying the exhibits she put to death object to submit to judge looking at state's exhibit two to four, completed and published the state's completed publishing state's exhibit two to four. So May 7th, did you also then receive from our CIC, Caitlyn Ngala in Tennessee? Did she attempt to provide you what she's attempted to do with the Greggory? Michael, no one will call. And the Brian video as far as audio went. Yes, ma'am. I received a letter from Kyle that the Gwinnett County Police Department had previously submitted the 911 calls and the same videos that I submitted to Mr. Keith to the Regional Organized Crime Intelligence Center, or I see they also have the capability of enhancing audio and video. [13:59:32][203.1] [13:59:30] And I was told that some of the files are ready. And so I downloaded enhanced 911 calls and some of the enhanced video products that they produced. But the audio files, no noticeable enhancement was made. But the audio files, it's not like NCIS or TV is there. And it really wasn't. The original video was of a of an audio quality that you could hear what was going on. And I don't think the enhancements brought anything new to light right. But with it came to Mr. Gray that she had also done some videos. Yes, ma'am. In an effort to enhance some things. Is that right? Yes, ma'am. All right. So State's Exhibit 129 has already been entered into evidence and you had an opportunity to review that. That's the one where she said she kind of cut out some extraneous stuff. Yes. Yes. Right. At this time, the state will go ahead and publish the two video files from state to state at one twenty nine, I believe one twenty nine is contained in the court's exhibit three stipulation. What is to stay here? State was the state level from it from IMG five six one seven, which is the longer of the two video polishing state's first female sixty six point twenty nine. The second video of the season 129. Let's say the bottom is stabilized I img five six one seven which is again the longer of the two videos. Now directing your attention to me is of twenty twenty where you tat's with following up on tips. Yes ma'am. That's actually I was actually tasked with that upon my arrival May 7th. But with all the other things I was doing, it was myself, Nicholas Anzac and several of our analysts from the George Information Sharing and Analysis Center in Atlanta, which is a deep work unit. We're tasked with reviewing the numerous tips that were coming in. All right. So they're coming into where they were coming in originally. They were just coming in through either Glen County PD or the sheriff's office. And then GBI announced we had created a tip line and most of them shifted to the GBI tip line. All right. So you were tasked with this unit to follow up on tips that you're getting. And these are from where just from the general public that believe the video had been released publicly at that point. And people were calling in. We had asked anyone with information to call in directly about the case, but we were getting everything from object to here. [14:03:51][260.4] [14:03:50] Your Honor, it's not being a search for the truth of the matter. Asserted that, you know, I'll just make something up. Bob called in and suggested this. It goes to they were receiving these and he took some action on one of the specific tips that I was going to ask about getting more specific. I will judge. All right. So did you attempt to determine if Mr. Aubrey could be seen running with a stick or a hammer? I did. All right. Tell the jury what you did. We have, as I I viewed the video, the half speed videos, we also had all of the still frame images that I mentioned earlier. I believe there were nearly 2000 of them. And we picked the one from the requisite area and reviewed them one by one. And what were you able to determine as far as Mr. Aubrey running with a stick? Objection, Your Honor. This is not an expert opinion here. He's saying I've looked at some pictures taken from some videos that other people enhanced for me. And this is what I think I see or I don't see. This is an issue for the jury. In Georgia. It's the same issues. He's looking at pictures and saying what he thinks he sees in the picture. We join your honor, and I think we're potentially opening doors to go into other tips and the narratives that they might foster say it wasn't going to go into any other tips or other narratives that they might foster. He was tasked with dispelling this tipper, this rumor that was out there, and he went victimization rosacea. We're now testifying. And so I think we need to take it outside. I think I'm still going over. Thank you for you. Overruling Mr. Voss. We're concerned about going into other tips. Mine was the issue of him testifying as an expert officer. It is actually what I was overruled on both. For the record. Thank you. You may ask the question if there's anything in Mr. Always have any point of influence. OK, all right. So you mentioned our frame by frame. That agent he gave to you. Have you a chance to look at state's exhibit three fourteen, the folder containing those? Yes, there is the large number of forms. All right. At this time, the state will tender into evidence the state's 314 at this time, the state's 314 at this time. And I'm sorry, as a witness the same way it was. But I said, you know, a lot of them wrong. I believe there's one thousand ninety five still images from the video. I just want people to have the support of what he was following up on, correct? Yes. And that's the state's tendering 1000 still images for this video. Is that what you're sticking to? Yes, we are tendering the entire one thousand ninety five still images digitally in a digital folder. These are the stills higher video. We're doing a selection of the these what I understand is being tendered. And he just testified to a review of photographs from the video. I understand these are the still photographs that were reviewed by the agent as part of his follow up that he has already described on the record notation, nosegay. I'm still trying to justify why you're the witness. Is this are these still these are still. But he did not read. These are still that were provided to him in the pickup. The other stuff in the stipulation, is that correct? All right. Very good. It was it just wasn't made very clear. So no objection from breaking my submitted. Thank you. So your discussions were like concentric circles. You know, we all eventually realized we're talking about this. I think we're talking about right. I'm actually going go back when we look at this particular folder, what does it say right down here in states three fourteen, the name of the profile, you mean right down here in the far back corner? How many are in there? One thousand ninety five. All right. We open it up. Are we looking at the first image? Yes, ma'am. And how is it labeled? At the very top and five six one eight frame, zero zero zero zero one EMG, which is an image format. All right. And how did you scroll through the same way it appears you're doing it? I use the gallery function on the computer. Such as this. Yes. Somnath, go ahead and stop here real quick for you while fifty seven and then we look at fifty eight. Do you know why there is a difference in clarity between those two particular images? Based on my training since the case at the time I didn't base my training. This case is going to be probably because there was motion blur in that particular frame, as is the camera might be moving a little bit of the cars moving. That would cause the the distortion in the earlier front because you're in a moving car. Yes, he's the the the two things are moving. The car is moving and the and the person taking the video is is moving. [14:10:10][380.1] [14:10:10] All right. Do you have any idea. I don't know. You know, do you know whether this has autofocus. It's trying to focus. I happen to know it was taken with an Apple iPhone. It does. And anybody who's ever taken a photograph of an iPhone as well as you move it, it kind of locks it on something and tries to focus to do that one thing, continue to publish. I hold it down. What does it do? It, move it. Move forward. Like an animation. Like a movie with one frame at a time. But it looks like a movie. And by the time we are here on frame three seventy nine, what's happened first taking the video is let's move the camera. For what reason. [14:12:22][131.8] [14:12:21] I don't know. I don't know. Does that include all one thousand ninety five which just from state's exhibit 190, the actual video of the homicide. Yes, ma'am. Direct your attention now to state's exhibit 315. And Kelly said he had opportunity to look through state's exhibit three fifteen prior to coming in and taking the stand today. Yes, ma'am. And are these just printed out stills of some of the InFocus shots from state's exhibit 314? Yes, it's not included because I overshot and it does it has the response that there was at this time the state enter into evidence state's exhibit 315. No objection to is this a subset of the last exhibit of printed? Correct. These are hard copy printed of Select InFocus images from State's 314. [14:18:13][351.7] [14:18:13] OK, did he take some action to focus on there? Just we're just clear ones as opposed to the ones. All right. So but these are not images that have been manipulated to be different than the images we see on them. These have not been manipulated in any way. They just were printed out from three fourteen. But yes, from the right, there is a good deal. No objection, Your Honor, to see the little more foundation. Thank you. No objection. Gudermes. Thank you. So closing down state's 314. So when we look at state's 315, so for instance, just the very first put up here to see and focus. All right. So is this just one of the still shots from state's 314? Yes, ma'am. It's one of these this one of the from the exhibit we just looked at. All right. So when we look at this address from there, how has how is the state's label that it? So you can see it. It's just about four state three fifteen and then it's 299, which I'm assuming is the the number of the frame from the previous set of rights of 314. This would be still shot to ninety nine so they could print it out. Now you indicated you were kind of the cell phone guy, is that right? I am. All right. So go ahead. And tell the jury what it is you do when you do a cell phone extraction. What is that, a cell phone. That exactly is just that. There's data maintained on cellular telephone for smart devices. It's maintained differently. Only the one we use a software or a device to extract the zero. The the the base data from the device using various methods of from the various software or equipment that we're using. So, for instance, if you have like a Samsung phone or iPhone, do you need different computers to extract the data at the time of this? Yes, ma'am. At the time of that of this case, we needed a major cities use. We have seven different methods that we use. But I was use the Cellebrite physical analyzer to do an iPhone, which they software that runs off of a laptop PC. And we had a self you Fed, which is a device for forensic extraction device also made by Cellebrite to do Android devices like Samsung. All right. So during your investigation, where you give in previous extractions. I was was I was given the extracts and I was given the reports of the extraction, which is when you load the extraction into Cellebrite physical analyzer in order to make any sense without that software, you have to generate a report. And I was given the reports from extractions that Linn County PD did. So Glencairn PD, were they able to give you the raw data? They were not. I asked for it in. Detective Morrison said he did not maintain the data at that time. Since then, he has been told it's probably best to maintain everything. OK, so you got the report, not the data yet. We're able to work with the report, though, due to the Cellebrite system. I was investigating MÃsSICA generated reports in what's called you. You said are you can read the report, which can also be loaded physically, a lot of software and reviewed. All right. So for the purpose of your analysis on May 11th, 20/20, did you look at the report, the extraction reports for Travis McMichaels? I think? And should you look at the extraction reports from William Ryan's cell phone? All right. Were you able to find any communication between Brian Cell Phone and Travis McMichaels cell phone on February? Twenty third. Twenty twenty. Nothing. Nothing that extraction of. All right. So I'm going to move you then forward to May 11th of twenty twenty. Did you work with Agent Seacrest, along with Mr. Ryan and his attorney, Mr. Off? I did. OK, and did Mr. Ryan consent to the download of his phone at that time on May 11th? Twenty, twenty. All right. So but this, of course, is a download as the phone is on. What date? Ismailov OK, so this is May 11th at your downloading. This is. All right. And what were you able to notice as far as Greg, with Michael's cell phone number and Mr. Ryan's number in the original extraction reports? Mitzvot neither neither Michael appeared as a contact in the May 11th extraction. Mr. Greg MacMichael appeared as a contact in Mr Rudd's office right now, also on May 11th, 20-20, were you present during the entire time Mr. Brian was being interviewed by Seacrest? No, ma'am. I was up there for the very beginning, Mr.. Of agreed to let us off his phone and I took his phone in the hopes that we would be able to get it back to him at the end of the interview of the president. But taking longer than we had thought. So we weren't able to do that. Oh, right. So May 11th, were you also interested in any surveillance video that Mr. Ryan may have had? All right. Tell the jury what happens with regard to the night owl surveillance video. Agent Seacrest after the interview came to me and said that they had surveillance at their house and the video had caught some might have some information related to the case. [14:24:34][380.8] [14:24:34] So I accompanied Mr. Ryan Metcalfe and I, an Agent Seacrest, to the house two to three or seven before the Ryan's house to attempt to download the the videos. All right. I'm going to show you that. Go ahead and show you what's been marked as state's exhibit one for ephedrin. Just so Special Agent Kelly, I'm showing you state's exhibit 194. You able to recognize that documents? Yes, ma'am. It appears to be true and great copy of a waiver of constitutional rights for. All right. What's that regard to the our digital security system at the Bryan residence? All right. And who witnessed that? Well, I find it is the witness, Mr. Mr. Bryant signed giving consent. All right. And did he sign freely and voluntarily? He did. This on the state retender into evidence state's exhibit 194 objects. Objects object to move state's exhibit 194. This is for the night, Elpidio. Yes, sir. Right. And what is the date we have here? Five eleven, twenty, twenty, eighteen for which is military time for six fifty four p.m.. All right. So once he signs the waiver and agreed to have his side, our surveillance system download, you went out to the house. What happened? Initially, neither Ryan nor Amy Elrod, who lived with him, could recall the password. So we began looking for the instruction manual for the device. We found that in the course of finding it, they were able to I don't remember how they remember remember the password. So we were able to, in the instruction manual, said that you could download a software that would allow you to view and download the videos from the device. So I did that on my computer. Downloading software and installing it was no problem. But due to the do a poor Internet connection, downloading the videos we download kept failing and it was going to take an inordinate amount of time if we continue to let you decide to do Mr. Golf suggestion, I took the passwords, the consent form, and I had the software loaded on my computer and I went back to where we were working out of the DNR office here in Brunswick, much better Internet connection and was able to download several videos. I tell the jury what the DNR is the of the Georgia Department of Natural Resources. Their office is right there next to the Millennium Bridge that I white building with the tower right there on the marsh. I see you're operating out of there. Yes, ma'am. We were operating on a hillside building. And were you able to then download the night out here? Yes, I was right. Have you had the opportunity to review State's Exhibit 193, the night owl videos? Yes, ma'am. We actually reviewed the videos at the scene. We were we were able look at them, just not download them. And then when I got back to the office, the downloads that we had were didn't seem to play very well. [14:28:15][221.0] [14:28:14] So we actually got the DVR later and got the downloads off of them again. They got the videos off the TV are specifically again. OK, so I kind of did it twice. Yes, ma'am, we did. But do you see change? No matter the videos that we receive, the actual ones that we could actually play were true and correct. What I saw when I was at some Burford that night. Right. So at this time, the state will enter into evidence state's exhibit one 193 U.S. objections. No objection to educate. What I want to do is I'm going to direct your attention first to the night owl video that ends in two five seven within the folder labeled one ninety four. The right here. What's the jury looking at? The video of the porch. And I think I'm beginning to that's the Bryant residence. I think it's three oh seven four four drive by. And what does it say down here front door? What to say up here in the upper right hand corner, do twenty three twenty twenty thirteen oh nine forty five, which is again in and minus times one of nine fifty five publishing. So this particular video system, we have about thirty seconds here. Why that it appeared in the video system was motion activated so it only records when there is motion to capture. Usually as anybody who's ever walked into like a bathroom with windows, motion detectors, there's a split second before it actually starts. And then if there's if there's not a lot of motion, it turns off. So when you looked at the night owl videos, you didn't have one continuous long video? No, man. [14:30:52][158.0] [14:30:52] There were short little snippets right. Publishing then within states, exhibit 194, the video ending in two five states. So what's the apostrophe at the beginning? What time are we looking at up here in the upper right hand? Corner at thirteen eleven and a four one and one of the four. All right. So we're talking about two minutes later publishing the video, the last three numbers to fifty eight within state's exhibit 194. So even though we don't have anything happening here in motion within the video, it's still taking us 30 second snippets. But yes, monitoring of how the motion video works is once the motion is activated, it takes video for a of time. If there is continual motion, it will continue to report. It's not it will it will stop recording. And I want to correct the record from it. The state's exhibit 193 is the folder containing the images six exhibit ninety four was the signed waiver. So if I misspoke earlier, this is the folder labeled one ninety three. We're now going to look at the video with the last three digits to six one. So what is the time on this? The View and do two six one thirteen eleven oh three is when it first. Was there any video with this angle before this number? I call remember, degen with. And were you able to then find any video afterwards meeting as Mr. Brian pulls the truck up, was there another video showing what he actually did out in the street. No, no. Your attention to the video for two, seven, eight. What time do we have here? Thirteen fifty eight. [14:34:27][215.0] [14:34:27] Oh, not same day. So thirteen fifty eight hours for some of the ones with this truck. That was at thirteen, eleven and publishing video three twelve was the time we have had here. Fourteen forty eight. And do you have any idea why Mr. Ryan is going back to his residence on a bicycle. Ebenstein. All right. So let's go ahead and talk about May 13th of twenty. Twenty where you present what Agent Seacrest had another interview with Mr Ryan. Mr Gosse, I was not present for the interview. After the interview. I was told that we had consented to download the Facebook page. And did you, in fact, download his Facebook? I did. All right. So with regard to Mr Bryan's Facebook page, was he a member of the satellite or Facebook group? He was not. And was he Facebook friends with Travis or Michael? No, no makeup. And was Facebook friends with Greg. Michael, not on May 13th. So when you downloaded it, you were able to see who he was friends with on that date? Yes, I downloaded it on the date that the that the download actually takes that. But you actually download we use the feature of the feature of Facebook that just allows a user to download their their page. I was provided from with the passwords and user credentials and was able to. I believe you. I've actually used his phone to do it to download the page. So this isn't like an official record from Facebook. I know. And this is not a we didn't get this from Facebook. We didn't get it from the provider do legal methods. We got it through the consent and downloaded log into his Facebook page and downloaded it just like anybody else could. All right. So would be fair to characterize it as a snapshot, as it was in May of 2014 to her testifying in leading the witness. She got on direct. It's asking a question. How would you characterize the download from a twenty twenty? It is how the account appeared all the day at the time that I initiated the download, was there any historical data? There was. There was historical posts and things that were just like your Facebook feed. It can stays there that you deleted or until until it eventually, I guess, goes away that most. I've got a Facebook information back many years, though, so I think if you actually have to actually delete it for the way, is there any way for you to know, based on the download from May 13th of twenty twenty, whether Mr. Brian had deleted anything? Oh no, not, not with that. Oh not with the information from the download. It May 15th. Did you continue to assist with looking into text from the GBI tip line part and were you tasked with looking into another social media website. Not Facebook, but a different one. Yes. Which one of several actually next door and Snapchat. Right. So regarding next door dot com, what did you do? I preservation letter to through their their legal compliance office preservation letter. Just federal law allows law enforcement to reserve certain records on electronic communications providers, social media platforms, telephone. So your telephone providers, things like that. And all you have to do to preserve it is send a letter with case number six and a preservation request to next door. Yes, sir. Do you send a preservation request to any other provider of cell phone data you've been authorized? AT&T, I believe we sent one Apple, we set one up thing. OK, so that was it. How in dispute was it as far as the defendant's location on the day of February? Twenty third. Twenty twenty. It was an issue. Sometimes it's nice to corroborate information that you already have with additional information. So this is an abundance of caution. Yes. May twenty twenty. Did you also download someone else's Facebook data related to Mr. Bryan yesterday? A.m. rather I believe it was, I believe chooses his fiancee at time. They pull it together and they May 19th, Bizzell. I tell them, yes, ma'am. She could not provide her cell phone. She told me and I verified later verified that she had provided consent to do both. And I was not able to get her. She had work, so we had to get her cell phone following that. All right. Now, let's jump forward to May 19th of twenty twenty. What was going to take place on May 19th of twenty twenty? I sort of got the down for this examination is going to be how do I do that rape. I'm trying not to be disruptive. I, I have five more questions and nothing else to publish. But we're going to take place on May 19. Twenty twenty eight search of the micro residence. Right. And what you do to assist in that execution of a search warrant for prior to the search, I search the tax records of Thirty Telegraph, who actually owned two three satellite drive Descombes. I don't remember. There's something Amy was the first one of them that there from Athens, Georgia. [14:41:50][443.2] [14:41:50] I don't remember the exact address. All right. So two, three still drive on by the Scroggs of Athens, Georgia. What did you do next? I don't believe the agency we to perform the search. All right. It would be fair to say all he did was seize the Wi-Fi router. That's all I did. I just did other things that we were interested in. Some of the data we got had gotten off one of the cell phone dumps. How do I find out information we were trying to verify it. Was that right? [14:41:50][0.0] [14:42:21] I and then going ahead to June 30th of twenty twenty, you said a preservation request to some other agency or rather Amazon.com. Oh, I did. Intermedia, I think it was owned by Amazon is who I sent it to, would say for blink the blank camera systems. All right. And who had a blank camera system, Larry, did you ever get anything back from Amazon.com or the other company with regard to the blinks camera? We never got a response that they received the preservation request. I don't know if any. I was not my purview at this case. The issue was I don't know if you want to pay or anything like that, but we've never got verification of it for the records right now. On June 4th, did you actually get feedback from next door dotcom idea? I received that telephone call from their legal analyst and their their counsel of record, and they advised that they had done a diligent search of their records based on the information that I had provided them, [14:43:28][66.9] [14:43:27] plus publicly available information at the time to see if there was anything in their system that would be relevant to the case. Very important. And they were unable to find any. Were you specifically looking for Larry English's potential next or stuff? We yes, we were looking for four references to what references to the case in general. We're also looking maybe references to to crimes in the in the city stores or adjacent neighborhoods. Nothing of relevance and nothing in that's what they call me. Nothing of relevance. I didn't provide anything much and eventually received the cell phone records back from Verizon for Travis MacMichael and Prizefighting. And at some point in time, were you given an extraction report for another person, cell phone? I was. I specialize a lot with our region for office. Who was my counterpart over there? He's the cell phone person over there. I downloaded Mr. Engelhardt's his cell phone and provided me if actually the data it was not a report. He provided me with the data and I generated the report. All right. So now the videos of the interior exterior to satellite drive when they came that way to you from Larry Englishes phone, did they data associated with them? Yes, ma'am. So I guess when they did and were you able to find them embedded in texts that he had sent out? Yes. And some of them were duplicated, which is indicative of them being associated or forwarded or sent the text message and we also found them within the text messages in the some of the I will pass the witness list. Don't wear a good time to go ahead and break when we go take a fifteen minute recess and do not discuss the case among yourselves. We'll see in about 15 minutes. Mr.. All right. As you step down, I remind you that you're under oath. Do not discuss your testimony with anybody during the recess. Recess for 15 minutes [14:43:27][0.0] [GAP]
COP SHOOTOUT ON TAPE 2005
OFFICER TRIES TO STOP A DRIVER WHO WAS REPORTEDLY BRANDISHING A WEAPON WHILE DRIVING. THE DRIVER REFUSED TO STOP AND CONTINUED DRIVING A FEW MILES BEFORE PULLING OVER. HE THEN ADVANCED ON THE OFFICER WITH A LOADED WEAPON. THE DRIVER WAS GUNNED DOWN BY THE OFFICER AND LATER PRONOUNCED DEAD.
BLUE PICKUP GETS DESTROYED FROM PURSUIT
A CLASSIC PURSUIT FROM THE NINETIES (DATE NOT KNOWN) WHERE A BLUE PICK-UP TRUCK GETS CREAMED WHEN IT IS EXITING OFF THE HIGHWAY FROM A PURSUIT.
AHMAUD ARBERY MURDER TRIAL BRUNSWICK GA CAM 1 POOL 11152021 1300
COURTROOM FTG OF THE TRIAL IN THE AHMAUD ARBERY CASE / TRAVIS MCMICHAEL, GREGORY MCMICHAEL AND WILLIAM RODDIE BRYAN ARE CHARGED WITH THE MURDER OF AHMAUD ARBERY / CAM 1 [13:07:51][3827.4] [13:07:51] It's going to. All right for the jury. They. All right. Welcome back, ladies and gentlemen. Hopefully you had a good lunch. We are ready to proceed with the evidence in the case state ready with its next witness. Yes, Your Honor. The state calls Jesse Whurley Jesse a oh, yes, Makes sense. [13:10:14][143.3] [13:10:14] Yeah, Truth and nothing but the truth. I do good. Good afternoon. Can you please go ahead and introduce yourself to the jury, tell me your name and spell it for the court. Reporter. My name is Jesse Worley. It's Jesse w o r e y. OK, and this really how are you currently employed? I work in the Division of Forensic Sciences for the Georgia Bureau of Investigation. It's also referred to as the crime lab. I work in the impressions, evidence section as a latent print examiner. OK, and what are your job duties currently? [13:11:01][47.5] [13:11:01] Primarily my job is a latent print examiner is to analyze items of evidence that are submitted for latent print services for comparison, database searching or chemical processing. In our laboratory, I conducted database searches. I do comparisons of latent prints to known exemplars, are known prints and then issue results of by reports of my results and then testify in court when needed. And how long have you been working in that capacity in your field? I've been with the GBI for 14 years. And please go ahead and tell us your education and training. I have a bachelor's of science in forensic and investigative sciences from West Virginia. University. I graduated from there in 2007. I was employed by the GBI that fall in November and I completed a training program that lasted about two years prior to being able to write my own reports. [13:11:59][57.9] [13:11:59] The training covered every aspect of casework that we do as latent print examiners and included courtroom testimony and evidence, analysis and processing. I can complete sixteen hours of annual outside education or continuing education every year as well since the completion of my training program. OK, and are you a member of any professional organizations in your field? Yes, I am. Can you tell us which ones? Primarily, I am a member of a member of the International Association for Identification, which is a professional organization across the globe that is geared towards education and publications for forensic practitioners and identification sciences. Like latent prints also question documents, DNA and crime scene investigation. I'm also a member of the Georgia State Division of the I and I also hold an office with that group as well. Have you testified as an expert before? Yes, I have. OK, what have testified testified as an expert in specifically in late inference. OK, and has that been in Georgia? Yes, ma'am. About how many times getting close to 60. I think the last time I counted it was like fifty seven. Fifty eight times. OK, Your Honor, at this point we would tender Miss Worli as an expert in latent print examination. No objection to objection. Thank you. Now, Mr. Lee, I want to go through some terms with you. And if you can just describe or explain those for me, OK? OK, are you familiar with the term Friction Ridge detail? Yes. Can you tell the jury what that is? So friction Ridgedale, as we refer to it and latent print examination is actually the composition and features that are on the skin that make up the palms of the hands and also the soles of the feet. It's that detail and those characteristics that are replicated in your hand or finger or foot makes contact with a surface. And in that detail, that arrangement of those features is transferred onto the surface and leave the latent print that we can subsequently develop and then hopefully compare in in hopes of identifying it to a source. So when I look at my finger, are you talking about the lines and grooves? Yes. So my fingertips, the the skin on the the palms surface of the hands is referred to as friction rich skin. It's made up of a series of ridges and raised areas as opposed to the rest of the skin on the body, which is fairly smooth within that rich flow. There are different features where ridges either start and stop or they split into two. [13:14:46][166.9] [13:14:46] And it's those specific features in the arrangement of those features within the the friction rich skin that make up the detail that we use for comparison. Now, what is an inked print also known as a known print? What's that? So ink prints that traditionally were taken using printers, ink on on a white card stock to record the detail of the finger prints or palm print of a specific person so that they can be used for comparison in today with all the advances in technology, most known prints are now recorded digitally with a glass like a glass plate and almost a scanner or camera type setup underneath [13:15:27][41.1] [13:15:27] But the idea is the same. The detail of the skin is recorded clearly so that it can be used for comparison. And can you please tell the jury what is a latent print? So latent prints are what we are looking for, primarily like in evidence in a case to determine who may have handled an item or come in contact with a particular surface. Latent prints are typically referred to is latent in that they're not necessarily visible right away. [13:15:58][31.5] [13:15:58] When an object is discovered as a piece of evidence, the latent print may require development techniques like fingerprint powder or other chemical methods to make it visible. And then even at that point, as an examiner, we commonly refer to them as still being latent prints until we've identified them to a known source. Now, what does it mean when an item is positive for latent prints at the GBI crime lab? The policy that we employ for determining whether an item is positive or negative for latent prints, we conduct a visual examination of the item, whether it's a lift card that has a powdered impression that was collected from the crime scene, or if we're getting in an item itself and we do the processing in-house, we're looking to see if after development there is any visible friction. Ridge detail that could be used for comparison. So sometimes if an item is decided, we decide that it's negative. It might mean that there is no ridge detail on it at all, or it could be that there is some detail, but it's so limited or so sparse or even obliterated or distorted where it's not going to be usable because it's not clear enough for a comparison that could also still produce a negative result. [13:17:14][75.4] [13:17:13] But but at the point where we say we have enough detail present on the item to to use it for a comparison, then we say it's positive. And what does it mean when you say an item is suitable for comparison? So once we have a positive results that we've done a visual examination and there is usable friction, rich detail on this item or this list card, the first step of our process is to analyze the amount of detail that's there, the type of detail, the clarity of it, and determine if it is in fact suitable for comparison. So we do the visual examination is either positive or negative. If we have the positive results, then we determine if it's suitable or not. Suitable for comparison, which is really just we're going kind of up a ladder in terms of how much quality and quantity of detail is present in the impression. So we have positive. And then if we say the analysis results are suitable, we have enough detail or sufficient detail to be able to compare it to a known set of prints and can you just let the jurors know what is the process that you use that the GBI for comparing latent prints to known prints? So the first step I'd like, as I said, is the visual examination to determine if we have any latent print detail present. The next part of the methodology we refer to is the ace. The method is an acronym for analysis, comparison, evaluation and verification. So the analysis is the first part that I've described in determining from our positive results which of those impressions may be suitable for a comparison. Once an impression is determined to be suitable, then we'll move on to a comparison that's that's taking the latent print and putting it side by side with a set of known prints and looking for similarity or differences between the and print and any of the prints that are on the records that we have for comparison. During the comparison, we're looking for similarity or differences. It just depends. Not every comparison will result in a match or an ID. So you may see more differences than you see similarities. But as we start to make the decision in our mind in whether what the result is that comparison is that prompts the beginning of our evaluation phase, which is really the decision making, part of the process in the methodology that we the way we use it at GBI, we have we can make an identification, which means that we've determined that the latent print and the set of known records we're comparing it to came from the same person we can have an exclusion, which would mean that the latent print and the known prints were made by different sources or different persons, inconclusive within that. There's just not enough detail to say definitively it either is or isn't this person, or it can also be that we need a better set of records. Maybe the ones that we were given may not have been clear enough in a specific area. So we may say that we need new records for comparison. And then lastly, we also use a conclusion that's was not identified or no identification was made, which is it's kind of like a it's not an identification. [13:20:23][190.3] [13:20:23] And we're confident at the latent print is not from a specific source, but we haven't compared it enough to say that it's definitely an exclusion. Exclusion decisions tend to, in some instances, be harder to make when you're doing a comparison as an examiner and you start to feel like you're making an identification because you're seeing and observing features in the same arrangement, you're seeing the similarity. It becomes very easy to say when you've reached an identification because you have like proof positive. This feature is this feature. This one is this one. And everything lines up and you can see it when you have an exclusion. And sometimes it's depending on the area. If you're looking for a link within a large area of the home, there's a lot of area to search and you have to exhaust all the available features and relevant area of the skin before you can confidently say that you have an exclusion. So sometimes exclusion decisions are harder to reach than an identification. And so what we have adopted in our policy is that I know it's not an identification, but I haven't fully excluded this particular person yet. And that we report as we report that as an identification has not been made. Now, I want to turn your attention to DOFFS case number two thousand twenty six zero zero one one eight three. OK, who are the subjects involved under that case? [13:21:52][88.8] [13:21:52] Number? According to the report that I have, the subjects that were listed on the evidence, admission forms were listed as Gregory Johns, MacMichael Traves James McMichaels and William Brian, OK, and who's listed there as the victim? The victim is a listed is listed from the evidence admission forms as a mod Harbury. OK, so I want to turn your attention to the work that you did in this case. Yes. OK, what items did you use to do your comparison in this case? The latent prints that I was asked to examine were on evidence that was labeled as item twenty one in the GBI crime lab. Information system. [13:22:40][47.8] [13:22:39] I itemized them to be twenty one, a twenty one, be twenty one S. and twenty one D. So those are all latent lift cards that were submitted. OK, and then I was given a known finger and palm print cards bearing the name Amy Eileen Elrod and William Roderick. Brian Jr. OK, and did you also use known prints of a modern very. Yes, they appear as item twenty four. OK, if I can just have to tell you this here. Thank you. And this Worley, are you able to see what's there, what's hits or if he needs to step down, you can just make sure he is speaking loud enough for the court for ok, ok, ok. Are you able to see this. OK, please be careful. OK, so you see what I have here. A zone prince. If you need can. Yes. OK, so Amy Elrod, known Prince. You say you received those, right? Yes. Those are marked as item twenty. A reminder. And did you also utilize William Bryans? No. Prince. Yes. And also a Mod Arbor's. No Prince. Yes. OK, and some mid and late list. We talked about those, right? Yes. And did you say they were labeled twenty one A, 21, B, 21 C and 21 D? Yes, ma'am. OK, so if we can just start I guess in reverse chronological order with the twenty one B, what did you determine about twenty one is the cap off my marker for 21 days after I did the initial visual examination for latent prints on that item, [13:24:38][118.3] [13:24:38] I determine that that item was negative. There was not a fraction of details that could be used for comparison. OK, so twenty one, the negative for latent prints for. Yes, ok, go into twenty one, see what did you determine. So there is also the visual examination for twenty one. C was positive, there was friction, detail, presence, but upon analysis I determined it to be unsuitable for comparison. OK, so positive for latent prints but still on unsuitable. Yes Miss. For comparison. OK, so that leaves us with twenty one and twenty one. Be looking at those lists for twenty one and twenty one. B what if anything did you see in those. So on both. [13:25:34][56.1] [13:25:33] I am twenty one A twenty one B my visual examination result is that these items were positive for latent prints. I also notice that they appear to be duplicate lists of the same latent prints. OK, so we have essentially A and B are the same print. Yes, OK. And that's something that from experience in the way latent prints work, you can't ever you can't ever create the same impression twice. They're always going to have different shapes, a different amount of distortion movement because of the pliability and the the way the hand is is built in atomically that you can't ever create the same thing twice. So when we see lift cards that are the same in most aspects, it's likely that they are duplicate lists where the impression is powder's and then piece of tape is used to lift it. And this piece of tape is used to lift it a second time as it both lists were submitted. [13:26:34][60.4] [13:26:34] OK, so before we go further on and B, I just want to go back to D, so were you able to compare anything to see. No, it was negative. OK, were you able to compare anything to see. No, because it was determined to be not suitable for a suitable OK, so no comparison here. Surface. OK, so back to and be positive for latent prints but the same. Yes. [13:27:00][26.1] [13:26:59] Did you choose one over the other for comparison. Yes. Which one did I use. Twenty one. Eh. Because it appeared to be the first list. The development was a little darker on the card. Is a little clearer than what was visible in this. Now go ahead and just tell the jurors your findings for twenty one s in the process that is of course. So I completed an analysis of the latest print that was on twenty one a I determined that the print appear to be from the right home of an individual and that there was sufficient detail present to determine it to be suitable for comparison. At that point, I began the comparison process by comparing the latent print to the palm print cards for Amy Eileen Elrod and William Rodrik. [13:27:53][53.3] [13:27:53] Brian Jr. And my conclusion for both of those comparisons is that no identification was made OK, so for Amy Elrod and William Ryan, we said no identification. Yes, OK, all right. What did you do next, if anything? At that point I compared the latent print from twenty one A, which again is that palm print to the palm print cards that bearing the name Ahmad Marquez Aubury and was able to make an identification to that set of records so identified to Ahmad are very. [13:28:34][41.6] [13:28:34] Yes, OK, so positive I.D.. OK, and did you testify that that was the right palm print. I did. So from his right, yes. OK, were you able to tell where on his right palm that print came from? Yes. OK, so may I approach Your Honor. OK, actually can you step down please. Miss Worley's OK, so I'm going to show you my hand and right hand. And if you can just show and if you can come. So we can just go this way please. Yeah. You do it your back to. Oh, I'm sorry. [13:29:16][42.1] [13:29:16] I'll do this if everybody can because you're off. Of course, Judge. Thank you. We'll just going to flip to the image that I had of the lift card. OK, And my hand is called the the shape of the impression that was made. [13:29:38][21.4] [13:29:38] The shape that appears on the left part is indicative of being from the edge of the palm. So this this area here, it's commonly referred to as a writer's home, because when your writing and your hand moves across the page is usually that portion of the poem that rests on the paper. And so it was very similar to the shape of the palm print that was on this card. Twenty one and then subsequently as well. Twenty one beats. OK, so one second before you said so if I'm holding this marker in my hands, are we talking about like that side that's resting here. Yes. [13:30:13][35.9] [13:30:13] And then sometimes it varies whether it's very straight up and down or if it's angled in a little bit more to get more of the center portion of the palm. But that's still typically referred to as the writer's home when it's that outer edge of the poem. OK, all right. You can have a seat. Thank you so much. Because it was here. [13:30:48][35.0] [13:30:48] I think you're going with this. This is sort of like it was just not touch anything. This. So, Miss Whurley, what, if anything, in looking at the list, what, if anything, did you observe as it relates to the presence or absence of moisture in this particular impression? There did appear to be some areas that looked like they might have been wet or had an additional amount of moisture then other areas within the same impression. In my training, in my experience, one of the things that we are taught to look for as an examiner is what kind of differences may still be present even when an identification is made. As I testified already, you can never create the same impression twice. So even when we have an identification, the latent print is never going to look exactly like the known print. [13:31:52][64.6] [13:31:52] I know sometimes on TV they say show them up on screens and they overlay them and they kind of they match perfectly. But that's not really how latent print comparison works. There's always going to be inherent movement and distortion within any impression that sometimes may be recorded. A known print, sometimes known prints are well recorded and they're free from as much distortion as possible. [13:32:17][24.7] [13:32:17] But one of the things that we have to evaluate in making an identification decision is are we seeing differences that are due to moisture or surface or development issues or are we seeing differences that are inherent to them being from different sources? And we have to use tolerance where where appropriate in making that decision. In this instance, there were areas of the impression that do appear to be wet. The ridges do have a different appearance and the powder does adhere or react differently to more wet areas of the impression. And so that was one of the observations that I did make in this case. But it wasn't so significant that it over or overreached the tolerance that I can use in making an identification decision. OK, so it didn't affect your your evaluation in terms of the identification to Misrata? No, but it does make a difference in in explaining why if it were to be put up for anyone to see, the latent print does not look exactly like the known prints. And one of the reasons for that is there is moisture present. And in doing your comparison, did you follow valid scientific procedure and methods accepted in your field? Yes, I did. OK, and are those methods reliable? Yes, I believe actually in going through the ASV method I left off the V portion. The last part of ASV is the verification. [13:33:45][88.1] [13:33:45] Our policy advice requires that if we all of our decisions are verified by a second examiner, with the exception of the no identification decision and some of are inconclusive. But my suitability decisions for whether for A, B and C, those were all verified by a second examiner. And then my identification decision for item twenty one was also verified by a second examiner. One moment at this time, that is all I have for you. [13:34:18][33.4] [13:34:18] The swirlies that since I have some questions for you, I may just briefly this work. Yes. Hi, I'm Jason Chestnutt. We have talked about this case. Have we know OK, were you given any photographs to come along with items? Twenty one, ABC and No. Four, is it true that you're not sure where that latents palm print came from on the other, that it was came from a trust that you're not sure where all the traffic came from? That's correct. We we describe our evidence based on what's labeled on the lift card. Specifically in this case, they were simply labeled as being from William Bryan's truck. Got it. And then 21 C, which had some some detail on it. Was that a fingerprint? I believe it was, yes. OK, do you know from which finger it came from? No. OK, and then 21 D is that simply you don't know what in the world that was or that it was a fingerprint with no detail that could be used for comparison purposes based on the image that I have available. From what I recall in working this case, there wasn't enough detail to to say otherwise. And that's primarily why the result is also negative. [13:36:15][117.1] [13:36:15] There's just very little detail present, if any. So do you have the photograph of the car photograph? I have a copy. So it's not a great copy. It's just a quick look to see what you're seeing. I may have a question. I'm not sure that I will. The list cards. You. Yeah, the one that the one that goes to see this. Please. OK, so I'm looking at this. Do you see any detail in it that makes you believe that it probably came from the finger? The shape of the impression and the direction of the rich flow is indicative of it being from a finger. [13:37:02][47.3] [13:37:02] But still not sufficient to compare it to any known source. So you've got some detail that you think this probably came from a finger, but then you're looking for enough detail where you can say now I can start counting up enough of the detail to try to match it to another round, say yes. So our our determination for suitability is a combination of quantity and quality of detail. So while that number of features present is a part of the decision, it's not the total or whole component. OK, D is probably a finger. We don't know which D I don't know. I didn't make any determination. OK, but it has some of the details that's consistent with a thing we were talking about. Twenty C over there. All right. So 21 C is probably a finger. It's very likely from a finger. [13:37:51][49.2] [13:37:51] OK, and then D is such that you can't even begin to determine whether it could have come from a finger or not. Correct. OK, got it. And then you don't know where on the truck those things came from. Correct. OK, very good. Thank you. Your question. Yeah there is right now. You're right. Thank you. You may step down. You and you're excused but subject to recall. Stay ready with the Sex Pistols. [13:38:43][51.7] [13:38:43] Yes, right. This time the state's going to call Special Agent Lawrence sort of the truth, the whole truth and nothing but the truth. [13:40:47][124.5] [13:40:46] I do lot of. All right. Please state your name and spell it for a court reporter, please. My name is Lawrence Kelly. That's LSW RNC KLFY. And how are you currently employed? I'm a special agent with the GBI, the Georgia Bureau of Investigation. I am. What is the Georgia Bureau of Investigation? We are a state law enforcement agency. We're the investigative arm of the state government. We of when requested to do so, can assist local agencies with investigations or we can initiate certain investigations on our own involving certain specific violations of law. All right. So you're a special agent. What does that mean? It means I'm a post Georgia Coast Council certified law enforcement officer. I have powers of arrest throughout the state. [13:41:49][63.0] [13:41:49] I have a specialized training in various forms of investigative practices, interviewing and interrogation, certain specialized training in examining cellular telephones and cellular telephone records and elder abuse investigations and general just investigations. All right. So you got the normal training that the GBI provides all special agents, is that right? Yes. OK, but you have some special technical expertize. I do. All right. Tell the jury about your special technical expertize. I have two specialties. One is the only pertinent to this case. I my elder abuse are at risk. Adult from specialist. The other one I am a specialist in the gathering and use of data from cellular telephones and cellular telephones and social media records. [13:42:39][49.3] [13:42:39] I have a specific training and to download and extract data from cellular telephones to obtain records from various providers and to analyze those records. Right. So be fair to say that sometimes you're the guy who gets called out by other fellow agents. Yes, ma'am. Happens of quite frequent. All right. So direct to your attention specifically to May 6th of twenty twenty. Did you become involved in the homicide investigation for Mr. Ahmad Harbury? I did. All right. How did that come to you? I was called I was not involved in in the early stages. I was called by asexuals, but first lady in charge, Richard Dial, who was my direct supervisor, and he told me to report the next morning to assist in syntactical matters involving the Aubury investigation. Right. So he was the one who is in charge of the investigation. He was his back. All right. So, Richard, Dial calls you up. And at this time, did you then submit some video files to another arm of your agency? I did. When I arrived the following morning, I submitted two video files that I had received from Agent for Massingale that were videos, two videos. One was about how the lover of probably a minute moment, little shy of two minutes long, another one was like truncated version of that video to Matthew. He was a digital forensic investigator with our child exploitation and criminal Computer Crimes Unit Indicator. OK, so we'll go ahead and take a piece by piece when it comes to the Georgia Bureau of Investigation, [13:44:34][115.4] [13:44:34] that's a statewide agency. We are. So where is your office? My office is in Queensland. All right. And Matthew Heath, where is he? Out of his offices? He's at our headquarters. Indicate where at the time that our headquarters indicated Decatur. And that is close to what town? Atlanta. OK, so now he was in a different unit, you said? Yes. From the child Exploitation and Computer Crimes Unit has two computer based units, the cat, which is the United Kingdom and the Georgia Cybercrime Center in Augusta, Georgia. So he is a digital forensic investigator. Yes, ma'am. All right. So how is his job duty different than your job duties? He's not a sworn agent. We do some of the same things as a cell phone expert. I can download and extract data from cell phones and cell phones by themselves. He can do that for cell phones, computers, other devices. [13:45:29][54.7] [13:45:29] He also has the ability to do other technical things, such as enhancing enhance video files or reviewing video files for information. OK, so you sent him a one minute forty three second video. Is that the video of the homicide of a moderate? It is. All right. And the shortened version of it. That was the duplicate. Yes, it was. It was a truncated version originally created. I was I viewed the metadata. It was originally created approximately 30 some thirty seven minutes after the after the first oh, and it's just a it's truncated. I mean, it's just like cut force and it's like a thirty six second portion of the original video. All right. So did you also send him surveillance video from two nineteen sitilides, right. I did. Did you also send him five surveillance videos from the interior of 220 Satullo Drive and were those the ones dated February. Twenty third of twenty twenty. Yes. You also send him forty seven surveillance videos from two to four Sadil satellite drive. Yes. All right. Now with regard to the videos from two to four Pilet Drive were three of them from the date in question. February. Twenty third. Twenty twenty. I believe so, yes, ma'am. All right. [13:46:50][81.7] [13:46:50] So the other forty four, they were from January 1, 2020. But I don't recall they were not from they were from prior to the incident. I called exactly two leading questions please. Yeah. Keep wondering. Sure. So after submitting all of this to Matthew, he he's the digital forensic investigator indicator. What did he provide back to you? He provided back to me several videos that he had enhanced of. [13:47:21][31.6] [13:47:21] One of them was a contrast enhancement. Basically, he lightened up certain shadow areas in the video. One was a stabilized video that showed portions of the of the or the video kind of keep it in, keep the video had a lot of extraneous stuff on the side. So it just showed the the major part of the video. And then there were some frame by frame videos, frames each school frames from each of the videos that we saw. All right. So I'm going to go ahead and take you through this. If you had the opportunity, of course, to review the items, Matthew, he's sent back to you back in May 2011. All right. So did you have the opportunity to review State's Exhibit 191, Matthew? He's half speed video of the homicide. Yes, ma'am. All right. And was it fair and accurate? There was. At this time, the state retender into evidence state's exhibit 191. The objection is that they'll be submitted. In addition, did he also submit to state's exhibit 192? [13:48:30][69.4] [13:48:30] I think you mentioned the high contrast video of the homicide. Yes, ma'am. Right at this time, the state would enter into evidence state's exhibit 192 section of the objection to publishing state's exhibit 181. And how is this legal mean? I'll back it up to the beginning. And if you tell the houses it's five six one eight half speed, not empty for me. Agent Kelly. Now, state's exhibit one to two houses, level five six one eight. Not contrast, but just. Yeah, that is by far the difference between one ninety one and one. Ninety two point ninety one was slower. Yes ma'am. One only one is that half speed from the original. And this is, these are from the thirty second the thirty second truncated video. These are half speed. All right. And then the high contrast that is at which speed probably three or four full speed. All right. So when we get approximately, approximately here, which appears to be about ten seconds described, this image is compared to the half speed image, I guess. Is it brighter or darker? It's more. It's brighter. As you can see, the the road on this one is kind of washed out in the sun. You know, the intensity in the blue sky in Asabi, you see white or whether the light has washed out the pale blue in the sky. And the intent behind this is so you can see what I see, things that are that are maybe might be obscured by shadow in the original video. All right. So when we look at this right here, my focus, your attention right here, are we able to actually see what takes place here? It's way what did what? It appeared that the person known to me as Mr. Travis, that Michael raised his hands in this kind of motion. Did you see what he had in the sense that he had something in his hands? I couldn't see directly exactly what it was at that point. I can infer it was from from contact from later, but any contact from later? What does he have? You know, I'm going to object to the witness describing what is obviously in the video. I don't understand why the witness needs to say there are trees in the video. There's a road in the video. The Travis McMichaels holding a shotgun, videos and evidence. Now, video is the evidence. [13:53:39][308.3] [13:53:39] Witness doesn't need to describe. This is a key investigator who received evidence and there's a reason behind what he is doing and what he's observing as far as this case and prosecution goes, which is the details that are in these particular videos is that would be the appropriate question. What do you do that describing the video? It doesn't make any sense. And it's it's fraught with peril. We he's explained what he's done. You're asking me to explain what he believes he's seeing in the video. It's just like something to in addition to Matthew, he's also having received state's exhibit or for having received the videos from 219 Soto Drive to TriZetto Drive and two to four civil drives provide you with another video he did. He took me, took those videos. And basically there's extraneous material in both of them. We cut that out to show Mr. Aubrey's passed through the through the neighborhood and through any way he was seen in any of those particular videos that was submitted by. And you had the opportunity to review state's exhibit two to four. I have. All right. And was that what Matthew, he said, provided to you to just show Mr. Avery's past that day? It is. At this time, the state would tender into evidence state's exhibit two to one to two to two to three and then to two for the past March. If I could just have a moment, Your Honor. Remember what those are. So it's going to be six to one to two to two to three and then to two for the combined. Thank any objection that you don't clarify. Yes, no, no objection. [13:56:09][150.2] [13:56:09] We were just clarifying the exhibits she put to death object to submit to judge looking at state's exhibit two to four, completed and published the state's completed publishing state's exhibit two to four. So May 7th, did you also then receive from our CIC, Caitlyn Ngala in Tennessee? Did she attempt to provide you what she's attempted to do with the Greggory? Michael, no one will call. And the Brian video as far as audio went. Yes, ma'am. I received a letter from Kyle that the Gwinnett County Police Department had previously submitted the 911 calls and the same videos that I submitted to Mr. Keith to the Regional Organized Crime Intelligence Center, or I see they also have the capability of enhancing audio and video. [13:59:32][203.1] [13:59:30] And I was told that some of the files are ready. And so I downloaded enhanced 911 calls and some of the enhanced video products that they produced. But the audio files, no noticeable enhancement was made. But the audio files, it's not like NCIS or TV is there. And it really wasn't. The original video was of a of an audio quality that you could hear what was going on. And I don't think the enhancements brought anything new to light right. But with it came to Mr. Gray that she had also done some videos. Yes, ma'am. In an effort to enhance some things. Is that right? Yes, ma'am. All right. So State's Exhibit 129 has already been entered into evidence and you had an opportunity to review that. That's the one where she said she kind of cut out some extraneous stuff. Yes. Yes. Right. At this time, the state will go ahead and publish the two video files from state to state at one twenty nine, I believe one twenty nine is contained in the court's exhibit three stipulation. What is to stay here? State was the state level from it from IMG five six one seven, which is the longer of the two video polishing state's first female sixty six point twenty nine. The second video of the season 129. Let's say the bottom is stabilized I img five six one seven which is again the longer of the two videos. Now directing your attention to me is of twenty twenty where you tat's with following up on tips. Yes ma'am. That's actually I was actually tasked with that upon my arrival May 7th. But with all the other things I was doing, it was myself, Nicholas Anzac and several of our analysts from the George Information Sharing and Analysis Center in Atlanta, which is a deep work unit. We're tasked with reviewing the numerous tips that were coming in. All right. So they're coming into where they were coming in originally. They were just coming in through either Glen County PD or the sheriff's office. And then GBI announced we had created a tip line and most of them shifted to the GBI tip line. All right. So you were tasked with this unit to follow up on tips that you're getting. And these are from where just from the general public that believe the video had been released publicly at that point. And people were calling in. We had asked anyone with information to call in directly about the case, but we were getting everything from object to here. [14:03:51][260.4] [14:03:50] Your Honor, it's not being a search for the truth of the matter. Asserted that, you know, I'll just make something up. Bob called in and suggested this. It goes to they were receiving these and he took some action on one of the specific tips that I was going to ask about getting more specific. I will judge. All right. So did you attempt to determine if Mr. Aubrey could be seen running with a stick or a hammer? I did. All right. Tell the jury what you did. We have, as I I viewed the video, the half speed videos, we also had all of the still frame images that I mentioned earlier. I believe there were nearly 2000 of them. And we picked the one from the requisite area and reviewed them one by one. And what were you able to determine as far as Mr. Aubrey running with a stick? Objection, Your Honor. This is not an expert opinion here. He's saying I've looked at some pictures taken from some videos that other people enhanced for me. And this is what I think I see or I don't see. This is an issue for the jury. In Georgia. It's the same issues. He's looking at pictures and saying what he thinks he sees in the picture. We join your honor, and I think we're potentially opening doors to go into other tips and the narratives that they might foster say it wasn't going to go into any other tips or other narratives that they might foster. He was tasked with dispelling this tipper, this rumor that was out there, and he went victimization rosacea. We're now testifying. And so I think we need to take it outside. I think I'm still going over. Thank you for you. Overruling Mr. Voss. We're concerned about going into other tips. Mine was the issue of him testifying as an expert officer. It is actually what I was overruled on both. For the record. Thank you. You may ask the question if there's anything in Mr. Always have any point of influence. OK, all right. So you mentioned our frame by frame. That agent he gave to you. Have you a chance to look at state's exhibit three fourteen, the folder containing those? Yes, there is the large number of forms. All right. At this time, the state will tender into evidence the state's 314 at this time, the state's 314 at this time. And I'm sorry, as a witness the same way it was. But I said, you know, a lot of them wrong. I believe there's one thousand ninety five still images from the video. I just want people to have the support of what he was following up on, correct? Yes. And that's the state's tendering 1000 still images for this video. Is that what you're sticking to? Yes, we are tendering the entire one thousand ninety five still images digitally in a digital folder. These are the stills higher video. We're doing a selection of the these what I understand is being tendered. And he just testified to a review of photographs from the video. I understand these are the still photographs that were reviewed by the agent as part of his follow up that he has already described on the record notation, nosegay. I'm still trying to justify why you're the witness. Is this are these still these are still. But he did not read. These are still that were provided to him in the pickup. The other stuff in the stipulation, is that correct? All right. Very good. It was it just wasn't made very clear. So no objection from breaking my submitted. Thank you. So your discussions were like concentric circles. You know, we all eventually realized we're talking about this. I think we're talking about right. I'm actually going go back when we look at this particular folder, what does it say right down here in states three fourteen, the name of the profile, you mean right down here in the far back corner? How many are in there? One thousand ninety five. All right. We open it up. Are we looking at the first image? Yes, ma'am. And how is it labeled? At the very top and five six one eight frame, zero zero zero zero one EMG, which is an image format. All right. And how did you scroll through the same way it appears you're doing it? I use the gallery function on the computer. Such as this. Yes. Somnath, go ahead and stop here real quick for you while fifty seven and then we look at fifty eight. Do you know why there is a difference in clarity between those two particular images? Based on my training since the case at the time I didn't base my training. This case is going to be probably because there was motion blur in that particular frame, as is the camera might be moving a little bit of the cars moving. That would cause the the distortion in the earlier front because you're in a moving car. Yes, he's the the the two things are moving. The car is moving and the and the person taking the video is is moving. [14:10:10][380.1] [14:10:10] All right. Do you have any idea. I don't know. You know, do you know whether this has autofocus. It's trying to focus. I happen to know it was taken with an Apple iPhone. It does. And anybody who's ever taken a photograph of an iPhone as well as you move it, it kind of locks it on something and tries to focus to do that one thing, continue to publish. I hold it down. What does it do? It, move it. Move forward. Like an animation. Like a movie with one frame at a time. But it looks like a movie. And by the time we are here on frame three seventy nine, what's happened first taking the video is let's move the camera. For what reason. [14:12:22][131.8] [14:12:21] I don't know. I don't know. Does that include all one thousand ninety five which just from state's exhibit 190, the actual video of the homicide. Yes, ma'am. Direct your attention now to state's exhibit 315. And Kelly said he had opportunity to look through state's exhibit three fifteen prior to coming in and taking the stand today. Yes, ma'am. And are these just printed out stills of some of the InFocus shots from state's exhibit 314? Yes, it's not included because I overshot and it does it has the response that there was at this time the state enter into evidence state's exhibit 315. No objection to is this a subset of the last exhibit of printed? Correct. These are hard copy printed of Select InFocus images from State's 314. [14:18:13][351.7] [14:18:13] OK, did he take some action to focus on there? Just we're just clear ones as opposed to the ones. All right. So but these are not images that have been manipulated to be different than the images we see on them. These have not been manipulated in any way. They just were printed out from three fourteen. But yes, from the right, there is a good deal. No objection, Your Honor, to see the little more foundation. Thank you. No objection. Gudermes. Thank you. So closing down state's 314. So when we look at state's 315, so for instance, just the very first put up here to see and focus. All right. So is this just one of the still shots from state's 314? Yes, ma'am. It's one of these this one of the from the exhibit we just looked at. All right. So when we look at this address from there, how has how is the state's label that it? So you can see it. It's just about four state three fifteen and then it's 299, which I'm assuming is the the number of the frame from the previous set of rights of 314. This would be still shot to ninety nine so they could print it out. Now you indicated you were kind of the cell phone guy, is that right? I am. All right. So go ahead. And tell the jury what it is you do when you do a cell phone extraction. What is that, a cell phone. That exactly is just that. There's data maintained on cellular telephone for smart devices. It's maintained differently. Only the one we use a software or a device to extract the zero. The the the base data from the device using various methods of from the various software or equipment that we're using. So, for instance, if you have like a Samsung phone or iPhone, do you need different computers to extract the data at the time of this? Yes, ma'am. At the time of that of this case, we needed a major cities use. We have seven different methods that we use. But I was use the Cellebrite physical analyzer to do an iPhone, which they software that runs off of a laptop PC. And we had a self you Fed, which is a device for forensic extraction device also made by Cellebrite to do Android devices like Samsung. All right. So during your investigation, where you give in previous extractions. I was was I was given the extracts and I was given the reports of the extraction, which is when you load the extraction into Cellebrite physical analyzer in order to make any sense without that software, you have to generate a report. And I was given the reports from extractions that Linn County PD did. So Glencairn PD, were they able to give you the raw data? They were not. I asked for it in. Detective Morrison said he did not maintain the data at that time. Since then, he has been told it's probably best to maintain everything. OK, so you got the report, not the data yet. We're able to work with the report, though, due to the Cellebrite system. I was investigating MÃsSICA generated reports in what's called you. You said are you can read the report, which can also be loaded physically, a lot of software and reviewed. All right. So for the purpose of your analysis on May 11th, 20/20, did you look at the report, the extraction reports for Travis McMichaels? I think? And should you look at the extraction reports from William Ryan's cell phone? All right. Were you able to find any communication between Brian Cell Phone and Travis McMichaels cell phone on February? Twenty third. Twenty twenty. Nothing. Nothing that extraction of. All right. So I'm going to move you then forward to May 11th of twenty twenty. Did you work with Agent Seacrest, along with Mr. Ryan and his attorney, Mr. Off? I did. OK, and did Mr. Ryan consent to the download of his phone at that time on May 11th? Twenty, twenty. All right. So but this, of course, is a download as the phone is on. What date? Ismailov OK, so this is May 11th at your downloading. This is. All right. And what were you able to notice as far as Greg, with Michael's cell phone number and Mr. Ryan's number in the original extraction reports? Mitzvot neither neither Michael appeared as a contact in the May 11th extraction. Mr. Greg MacMichael appeared as a contact in Mr Rudd's office right now, also on May 11th, 20-20, were you present during the entire time Mr. Brian was being interviewed by Seacrest? No, ma'am. I was up there for the very beginning, Mr.. Of agreed to let us off his phone and I took his phone in the hopes that we would be able to get it back to him at the end of the interview of the president. But taking longer than we had thought. So we weren't able to do that. Oh, right. So May 11th, were you also interested in any surveillance video that Mr. Ryan may have had? All right. Tell the jury what happens with regard to the night owl surveillance video. Agent Seacrest after the interview came to me and said that they had surveillance at their house and the video had caught some might have some information related to the case. [14:24:34][380.8] [14:24:34] So I accompanied Mr. Ryan Metcalfe and I, an Agent Seacrest, to the house two to three or seven before the Ryan's house to attempt to download the the videos. All right. I'm going to show you that. Go ahead and show you what's been marked as state's exhibit one for ephedrin. Just so Special Agent Kelly, I'm showing you state's exhibit 194. You able to recognize that documents? Yes, ma'am. It appears to be true and great copy of a waiver of constitutional rights for. All right. What's that regard to the our digital security system at the Bryan residence? All right. And who witnessed that? Well, I find it is the witness, Mr. Mr. Bryant signed giving consent. All right. And did he sign freely and voluntarily? He did. This on the state retender into evidence state's exhibit 194 objects. Objects object to move state's exhibit 194. This is for the night, Elpidio. Yes, sir. Right. And what is the date we have here? Five eleven, twenty, twenty, eighteen for which is military time for six fifty four p.m.. All right. So once he signs the waiver and agreed to have his side, our surveillance system download, you went out to the house. What happened? Initially, neither Ryan nor Amy Elrod, who lived with him, could recall the password. So we began looking for the instruction manual for the device. We found that in the course of finding it, they were able to I don't remember how they remember remember the password. So we were able to, in the instruction manual, said that you could download a software that would allow you to view and download the videos from the device. So I did that on my computer. Downloading software and installing it was no problem. But due to the do a poor Internet connection, downloading the videos we download kept failing and it was going to take an inordinate amount of time if we continue to let you decide to do Mr. Golf suggestion, I took the passwords, the consent form, and I had the software loaded on my computer and I went back to where we were working out of the DNR office here in Brunswick, much better Internet connection and was able to download several videos. I tell the jury what the DNR is the of the Georgia Department of Natural Resources. Their office is right there next to the Millennium Bridge that I white building with the tower right there on the marsh. I see you're operating out of there. Yes, ma'am. We were operating on a hillside building. And were you able to then download the night out here? Yes, I was right. Have you had the opportunity to review State's Exhibit 193, the night owl videos? Yes, ma'am. We actually reviewed the videos at the scene. We were we were able look at them, just not download them. And then when I got back to the office, the downloads that we had were didn't seem to play very well. [14:28:15][221.0] [14:28:14] So we actually got the DVR later and got the downloads off of them again. They got the videos off the TV are specifically again. OK, so I kind of did it twice. Yes, ma'am, we did. But do you see change? No matter the videos that we receive, the actual ones that we could actually play were true and correct. What I saw when I was at some Burford that night. Right. So at this time, the state will enter into evidence state's exhibit one 193 U.S. objections. No objection to educate. What I want to do is I'm going to direct your attention first to the night owl video that ends in two five seven within the folder labeled one ninety four. The right here. What's the jury looking at? The video of the porch. And I think I'm beginning to that's the Bryant residence. I think it's three oh seven four four drive by. And what does it say down here front door? What to say up here in the upper right hand corner, do twenty three twenty twenty thirteen oh nine forty five, which is again in and minus times one of nine fifty five publishing. So this particular video system, we have about thirty seconds here. Why that it appeared in the video system was motion activated so it only records when there is motion to capture. Usually as anybody who's ever walked into like a bathroom with windows, motion detectors, there's a split second before it actually starts. And then if there's if there's not a lot of motion, it turns off. So when you looked at the night owl videos, you didn't have one continuous long video? No, man. [14:30:52][158.0] [14:30:52] There were short little snippets right. Publishing then within states, exhibit 194, the video ending in two five states. So what's the apostrophe at the beginning? What time are we looking at up here in the upper right hand? Corner at thirteen eleven and a four one and one of the four. All right. So we're talking about two minutes later publishing the video, the last three numbers to fifty eight within state's exhibit 194. So even though we don't have anything happening here in motion within the video, it's still taking us 30 second snippets. But yes, monitoring of how the motion video works is once the motion is activated, it takes video for a of time. If there is continual motion, it will continue to report. It's not it will it will stop recording. And I want to correct the record from it. The state's exhibit 193 is the folder containing the images six exhibit ninety four was the signed waiver. So if I misspoke earlier, this is the folder labeled one ninety three. We're now going to look at the video with the last three digits to six one. So what is the time on this? The View and do two six one thirteen eleven oh three is when it first. Was there any video with this angle before this number? I call remember, degen with. And were you able to then find any video afterwards meeting as Mr. Brian pulls the truck up, was there another video showing what he actually did out in the street. No, no. Your attention to the video for two, seven, eight. What time do we have here? Thirteen fifty eight. [14:34:27][215.0] [14:34:27] Oh, not same day. So thirteen fifty eight hours for some of the ones with this truck. That was at thirteen, eleven and publishing video three twelve was the time we have had here. Fourteen forty eight. And do you have any idea why Mr. Ryan is going back to his residence on a bicycle. Ebenstein. All right. So let's go ahead and talk about May 13th of twenty. Twenty where you present what Agent Seacrest had another interview with Mr Ryan. Mr Gosse, I was not present for the interview. After the interview. I was told that we had consented to download the Facebook page. And did you, in fact, download his Facebook? I did. All right. So with regard to Mr Bryan's Facebook page, was he a member of the satellite or Facebook group? He was not. And was he Facebook friends with Travis or Michael? No, no makeup. And was Facebook friends with Greg. Michael, not on May 13th. So when you downloaded it, you were able to see who he was friends with on that date? Yes, I downloaded it on the date that the that the download actually takes that. But you actually download we use the feature of the feature of Facebook that just allows a user to download their their page. I was provided from with the passwords and user credentials and was able to. I believe you. I've actually used his phone to do it to download the page. So this isn't like an official record from Facebook. I know. And this is not a we didn't get this from Facebook. We didn't get it from the provider do legal methods. We got it through the consent and downloaded log into his Facebook page and downloaded it just like anybody else could. All right. So would be fair to characterize it as a snapshot, as it was in May of 2014 to her testifying in leading the witness. She got on direct. It's asking a question. How would you characterize the download from a twenty twenty? It is how the account appeared all the day at the time that I initiated the download, was there any historical data? There was. There was historical posts and things that were just like your Facebook feed. It can stays there that you deleted or until until it eventually, I guess, goes away that most. I've got a Facebook information back many years, though, so I think if you actually have to actually delete it for the way, is there any way for you to know, based on the download from May 13th of twenty twenty, whether Mr. Brian had deleted anything? Oh no, not, not with that. Oh not with the information from the download. It May 15th. Did you continue to assist with looking into text from the GBI tip line part and were you tasked with looking into another social media website. Not Facebook, but a different one. Yes. Which one of several actually next door and Snapchat. Right. So regarding next door dot com, what did you do? I preservation letter to through their their legal compliance office preservation letter. Just federal law allows law enforcement to reserve certain records on electronic communications providers, social media platforms, telephone. So your telephone providers, things like that. And all you have to do to preserve it is send a letter with case number six and a preservation request to next door. Yes, sir. Do you send a preservation request to any other provider of cell phone data you've been authorized? AT&T, I believe we sent one Apple, we set one up thing. OK, so that was it. How in dispute was it as far as the defendant's location on the day of February? Twenty third. Twenty twenty. It was an issue. Sometimes it's nice to corroborate information that you already have with additional information. So this is an abundance of caution. Yes. May twenty twenty. Did you also download someone else's Facebook data related to Mr. Bryan yesterday? A.m. rather I believe it was, I believe chooses his fiancee at time. They pull it together and they May 19th, Bizzell. I tell them, yes, ma'am. She could not provide her cell phone. She told me and I verified later verified that she had provided consent to do both. And I was not able to get her. She had work, so we had to get her cell phone following that. All right. Now, let's jump forward to May 19th of twenty twenty. What was going to take place on May 19th of twenty twenty? I sort of got the down for this examination is going to be how do I do that rape. I'm trying not to be disruptive. I, I have five more questions and nothing else to publish. But we're going to take place on May 19. Twenty twenty eight search of the micro residence. Right. And what you do to assist in that execution of a search warrant for prior to the search, I search the tax records of Thirty Telegraph, who actually owned two three satellite drive Descombes. I don't remember. There's something Amy was the first one of them that there from Athens, Georgia. [14:41:50][443.2] [14:41:50] I don't remember the exact address. All right. So two, three still drive on by the Scroggs of Athens, Georgia. What did you do next? I don't believe the agency we to perform the search. All right. It would be fair to say all he did was seize the Wi-Fi router. That's all I did. I just did other things that we were interested in. Some of the data we got had gotten off one of the cell phone dumps. How do I find out information we were trying to verify it. Was that right? [14:41:50][0.0] [14:42:21] I and then going ahead to June 30th of twenty twenty, you said a preservation request to some other agency or rather Amazon.com. Oh, I did. Intermedia, I think it was owned by Amazon is who I sent it to, would say for blink the blank camera systems. All right. And who had a blank camera system, Larry, did you ever get anything back from Amazon.com or the other company with regard to the blinks camera? We never got a response that they received the preservation request. I don't know if any. I was not my purview at this case. The issue was I don't know if you want to pay or anything like that, but we've never got verification of it for the records right now. On June 4th, did you actually get feedback from next door dotcom idea? I received that telephone call from their legal analyst and their their counsel of record, and they advised that they had done a diligent search of their records based on the information that I had provided them, [14:43:28][66.9] [14:43:27] plus publicly available information at the time to see if there was anything in their system that would be relevant to the case. Very important. And they were unable to find any. Were you specifically looking for Larry English's potential next or stuff? We yes, we were looking for four references to what references to the case in general. We're also looking maybe references to to crimes in the in the city stores or adjacent neighborhoods. Nothing of relevance and nothing in that's what they call me. Nothing of relevance. I didn't provide anything much and eventually received the cell phone records back from Verizon for Travis MacMichael and Prizefighting. And at some point in time, were you given an extraction report for another person, cell phone? I was. I specialize a lot with our region for office. Who was my counterpart over there? He's the cell phone person over there. I downloaded Mr. Engelhardt's his cell phone and provided me if actually the data it was not a report. He provided me with the data and I generated the report. All right. So now the videos of the interior exterior to satellite drive when they came that way to you from Larry Englishes phone, did they data associated with them? Yes, ma'am. So I guess when they did and were you able to find them embedded in texts that he had sent out? Yes. And some of them were duplicated, which is indicative of them being associated or forwarded or sent the text message and we also found them within the text messages in the some of the I will pass the witness list. Don't wear a good time to go ahead and break when we go take a fifteen minute recess and do not discuss the case among yourselves. We'll see in about 15 minutes. Mr.. All right. As you step down, I remind you that you're under oath. Do not discuss your testimony with anybody during the recess. Recess for 15 minutes [14:43:27][0.0] [GAP]
AHMAUD ARBERY MURDER TRIAL BRUNSWICK GA SWITCHED FEED POOL 11152021 1300
COURTROOM FTG OF THE TRIAL IN THE AHMAUD ARBERY CASE / TRAVIS MCMICHAEL, GREGORY MCMICHAEL AND WILLIAM RODDIE BRYAN ARE CHARGED WITH THE MURDER OF AHMAUD ARBERY / SWITCHED FEED [13:07:51][3827.4] [13:07:51] It's going to. All right for the jury. They. All right. Welcome back, ladies and gentlemen. Hopefully you had a good lunch. We are ready to proceed with the evidence in the case state ready with its next witness. Yes, Your Honor. The state calls Jesse Whurley Jesse a oh, yes, Makes sense. [13:10:14][143.3] [13:10:14] Yeah, Truth and nothing but the truth. I do good. Good afternoon. Can you please go ahead and introduce yourself to the jury, tell me your name and spell it for the court. Reporter. My name is Jesse Worley. It's Jesse w o r e y. OK, and this really how are you currently employed? I work in the Division of Forensic Sciences for the Georgia Bureau of Investigation. It's also referred to as the crime lab. I work in the impressions, evidence section as a latent print examiner. OK, and what are your job duties currently? [13:11:01][47.5] [13:11:01] Primarily my job is a latent print examiner is to analyze items of evidence that are submitted for latent print services for comparison, database searching or chemical processing. In our laboratory, I conducted database searches. I do comparisons of latent prints to known exemplars, are known prints and then issue results of by reports of my results and then testify in court when needed. And how long have you been working in that capacity in your field? I've been with the GBI for 14 years. And please go ahead and tell us your education and training. I have a bachelor's of science in forensic and investigative sciences from West Virginia. University. I graduated from there in 2007. I was employed by the GBI that fall in November and I completed a training program that lasted about two years prior to being able to write my own reports. [13:11:59][57.9] [13:11:59] The training covered every aspect of casework that we do as latent print examiners and included courtroom testimony and evidence, analysis and processing. I can complete sixteen hours of annual outside education or continuing education every year as well since the completion of my training program. OK, and are you a member of any professional organizations in your field? Yes, I am. Can you tell us which ones? Primarily, I am a member of a member of the International Association for Identification, which is a professional organization across the globe that is geared towards education and publications for forensic practitioners and identification sciences. Like latent prints also question documents, DNA and crime scene investigation. I'm also a member of the Georgia State Division of the I and I also hold an office with that group as well. Have you testified as an expert before? Yes, I have. OK, what have testified testified as an expert in specifically in late inference. OK, and has that been in Georgia? Yes, ma'am. About how many times getting close to 60. I think the last time I counted it was like fifty seven. Fifty eight times. OK, Your Honor, at this point we would tender Miss Worli as an expert in latent print examination. No objection to objection. Thank you. Now, Mr. Lee, I want to go through some terms with you. And if you can just describe or explain those for me, OK? OK, are you familiar with the term Friction Ridge detail? Yes. Can you tell the jury what that is? So friction Ridgedale, as we refer to it and latent print examination is actually the composition and features that are on the skin that make up the palms of the hands and also the soles of the feet. It's that detail and those characteristics that are replicated in your hand or finger or foot makes contact with a surface. And in that detail, that arrangement of those features is transferred onto the surface and leave the latent print that we can subsequently develop and then hopefully compare in in hopes of identifying it to a source. So when I look at my finger, are you talking about the lines and grooves? Yes. So my fingertips, the the skin on the the palms surface of the hands is referred to as friction rich skin. It's made up of a series of ridges and raised areas as opposed to the rest of the skin on the body, which is fairly smooth within that rich flow. There are different features where ridges either start and stop or they split into two. [13:14:46][166.9] [13:14:46] And it's those specific features in the arrangement of those features within the the friction rich skin that make up the detail that we use for comparison. Now, what is an inked print also known as a known print? What's that? So ink prints that traditionally were taken using printers, ink on on a white card stock to record the detail of the finger prints or palm print of a specific person so that they can be used for comparison in today with all the advances in technology, most known prints are now recorded digitally with a glass like a glass plate and almost a scanner or camera type setup underneath [13:15:27][41.1] [13:15:27] But the idea is the same. The detail of the skin is recorded clearly so that it can be used for comparison. And can you please tell the jury what is a latent print? So latent prints are what we are looking for, primarily like in evidence in a case to determine who may have handled an item or come in contact with a particular surface. Latent prints are typically referred to is latent in that they're not necessarily visible right away. [13:15:58][31.5] [13:15:58] When an object is discovered as a piece of evidence, the latent print may require development techniques like fingerprint powder or other chemical methods to make it visible. And then even at that point, as an examiner, we commonly refer to them as still being latent prints until we've identified them to a known source. Now, what does it mean when an item is positive for latent prints at the GBI crime lab? The policy that we employ for determining whether an item is positive or negative for latent prints, we conduct a visual examination of the item, whether it's a lift card that has a powdered impression that was collected from the crime scene, or if we're getting in an item itself and we do the processing in-house, we're looking to see if after development there is any visible friction. Ridge detail that could be used for comparison. So sometimes if an item is decided, we decide that it's negative. It might mean that there is no ridge detail on it at all, or it could be that there is some detail, but it's so limited or so sparse or even obliterated or distorted where it's not going to be usable because it's not clear enough for a comparison that could also still produce a negative result. [13:17:14][75.4] [13:17:13] But but at the point where we say we have enough detail present on the item to to use it for a comparison, then we say it's positive. And what does it mean when you say an item is suitable for comparison? So once we have a positive results that we've done a visual examination and there is usable friction, rich detail on this item or this list card, the first step of our process is to analyze the amount of detail that's there, the type of detail, the clarity of it, and determine if it is in fact suitable for comparison. So we do the visual examination is either positive or negative. If we have the positive results, then we determine if it's suitable or not. Suitable for comparison, which is really just we're going kind of up a ladder in terms of how much quality and quantity of detail is present in the impression. So we have positive. And then if we say the analysis results are suitable, we have enough detail or sufficient detail to be able to compare it to a known set of prints and can you just let the jurors know what is the process that you use that the GBI for comparing latent prints to known prints? So the first step I'd like, as I said, is the visual examination to determine if we have any latent print detail present. The next part of the methodology we refer to is the ace. The method is an acronym for analysis, comparison, evaluation and verification. So the analysis is the first part that I've described in determining from our positive results which of those impressions may be suitable for a comparison. Once an impression is determined to be suitable, then we'll move on to a comparison that's that's taking the latent print and putting it side by side with a set of known prints and looking for similarity or differences between the and print and any of the prints that are on the records that we have for comparison. During the comparison, we're looking for similarity or differences. It just depends. Not every comparison will result in a match or an ID. So you may see more differences than you see similarities. But as we start to make the decision in our mind in whether what the result is that comparison is that prompts the beginning of our evaluation phase, which is really the decision making, part of the process in the methodology that we the way we use it at GBI, we have we can make an identification, which means that we've determined that the latent print and the set of known records we're comparing it to came from the same person we can have an exclusion, which would mean that the latent print and the known prints were made by different sources or different persons, inconclusive within that. There's just not enough detail to say definitively it either is or isn't this person, or it can also be that we need a better set of records. Maybe the ones that we were given may not have been clear enough in a specific area. So we may say that we need new records for comparison. And then lastly, we also use a conclusion that's was not identified or no identification was made, which is it's kind of like a it's not an identification. [13:20:23][190.3] [13:20:23] And we're confident at the latent print is not from a specific source, but we haven't compared it enough to say that it's definitely an exclusion. Exclusion decisions tend to, in some instances, be harder to make when you're doing a comparison as an examiner and you start to feel like you're making an identification because you're seeing and observing features in the same arrangement, you're seeing the similarity. It becomes very easy to say when you've reached an identification because you have like proof positive. This feature is this feature. This one is this one. And everything lines up and you can see it when you have an exclusion. And sometimes it's depending on the area. If you're looking for a link within a large area of the home, there's a lot of area to search and you have to exhaust all the available features and relevant area of the skin before you can confidently say that you have an exclusion. So sometimes exclusion decisions are harder to reach than an identification. And so what we have adopted in our policy is that I know it's not an identification, but I haven't fully excluded this particular person yet. And that we report as we report that as an identification has not been made. Now, I want to turn your attention to DOFFS case number two thousand twenty six zero zero one one eight three. OK, who are the subjects involved under that case? [13:21:52][88.8] [13:21:52] Number? According to the report that I have, the subjects that were listed on the evidence, admission forms were listed as Gregory Johns, MacMichael Traves James McMichaels and William Brian, OK, and who's listed there as the victim? The victim is a listed is listed from the evidence admission forms as a mod Harbury. OK, so I want to turn your attention to the work that you did in this case. Yes. OK, what items did you use to do your comparison in this case? The latent prints that I was asked to examine were on evidence that was labeled as item twenty one in the GBI crime lab. Information system. [13:22:40][47.8] [13:22:39] I itemized them to be twenty one, a twenty one, be twenty one S. and twenty one D. So those are all latent lift cards that were submitted. OK, and then I was given a known finger and palm print cards bearing the name Amy Eileen Elrod and William Roderick. Brian Jr. OK, and did you also use known prints of a modern very. Yes, they appear as item twenty four. OK, if I can just have to tell you this here. Thank you. And this Worley, are you able to see what's there, what's hits or if he needs to step down, you can just make sure he is speaking loud enough for the court for ok, ok, ok. Are you able to see this. OK, please be careful. OK, so you see what I have here. A zone prince. If you need can. Yes. OK, so Amy Elrod, known Prince. You say you received those, right? Yes. Those are marked as item twenty. A reminder. And did you also utilize William Bryans? No. Prince. Yes. And also a Mod Arbor's. No Prince. Yes. OK, and some mid and late list. We talked about those, right? Yes. And did you say they were labeled twenty one A, 21, B, 21 C and 21 D? Yes, ma'am. OK, so if we can just start I guess in reverse chronological order with the twenty one B, what did you determine about twenty one is the cap off my marker for 21 days after I did the initial visual examination for latent prints on that item, [13:24:38][118.3] [13:24:38] I determine that that item was negative. There was not a fraction of details that could be used for comparison. OK, so twenty one, the negative for latent prints for. Yes, ok, go into twenty one, see what did you determine. So there is also the visual examination for twenty one. C was positive, there was friction, detail, presence, but upon analysis I determined it to be unsuitable for comparison. OK, so positive for latent prints but still on unsuitable. Yes Miss. For comparison. OK, so that leaves us with twenty one and twenty one. Be looking at those lists for twenty one and twenty one. B what if anything did you see in those. So on both. [13:25:34][56.1] [13:25:33] I am twenty one A twenty one B my visual examination result is that these items were positive for latent prints. I also notice that they appear to be duplicate lists of the same latent prints. OK, so we have essentially A and B are the same print. Yes, OK. And that's something that from experience in the way latent prints work, you can't ever you can't ever create the same impression twice. They're always going to have different shapes, a different amount of distortion movement because of the pliability and the the way the hand is is built in atomically that you can't ever create the same thing twice. So when we see lift cards that are the same in most aspects, it's likely that they are duplicate lists where the impression is powder's and then piece of tape is used to lift it. And this piece of tape is used to lift it a second time as it both lists were submitted. [13:26:34][60.4] [13:26:34] OK, so before we go further on and B, I just want to go back to D, so were you able to compare anything to see. No, it was negative. OK, were you able to compare anything to see. No, because it was determined to be not suitable for a suitable OK, so no comparison here. Surface. OK, so back to and be positive for latent prints but the same. Yes. [13:27:00][26.1] [13:26:59] Did you choose one over the other for comparison. Yes. Which one did I use. Twenty one. Eh. Because it appeared to be the first list. The development was a little darker on the card. Is a little clearer than what was visible in this. Now go ahead and just tell the jurors your findings for twenty one s in the process that is of course. So I completed an analysis of the latest print that was on twenty one a I determined that the print appear to be from the right home of an individual and that there was sufficient detail present to determine it to be suitable for comparison. At that point, I began the comparison process by comparing the latent print to the palm print cards for Amy Eileen Elrod and William Rodrik. [13:27:53][53.3] [13:27:53] Brian Jr. And my conclusion for both of those comparisons is that no identification was made OK, so for Amy Elrod and William Ryan, we said no identification. Yes, OK, all right. What did you do next, if anything? At that point I compared the latent print from twenty one A, which again is that palm print to the palm print cards that bearing the name Ahmad Marquez Aubury and was able to make an identification to that set of records so identified to Ahmad are very. [13:28:34][41.6] [13:28:34] Yes, OK, so positive I.D.. OK, and did you testify that that was the right palm print. I did. So from his right, yes. OK, were you able to tell where on his right palm that print came from? Yes. OK, so may I approach Your Honor. OK, actually can you step down please. Miss Worley's OK, so I'm going to show you my hand and right hand. And if you can just show and if you can come. So we can just go this way please. Yeah. You do it your back to. Oh, I'm sorry. [13:29:16][42.1] [13:29:16] I'll do this if everybody can because you're off. Of course, Judge. Thank you. We'll just going to flip to the image that I had of the lift card. OK, And my hand is called the the shape of the impression that was made. [13:29:38][21.4] [13:29:38] The shape that appears on the left part is indicative of being from the edge of the palm. So this this area here, it's commonly referred to as a writer's home, because when your writing and your hand moves across the page is usually that portion of the poem that rests on the paper. And so it was very similar to the shape of the palm print that was on this card. Twenty one and then subsequently as well. Twenty one beats. OK, so one second before you said so if I'm holding this marker in my hands, are we talking about like that side that's resting here. Yes. [13:30:13][35.9] [13:30:13] And then sometimes it varies whether it's very straight up and down or if it's angled in a little bit more to get more of the center portion of the palm. But that's still typically referred to as the writer's home when it's that outer edge of the poem. OK, all right. You can have a seat. Thank you so much. Because it was here. [13:30:48][35.0] [13:30:48] I think you're going with this. This is sort of like it was just not touch anything. This. So, Miss Whurley, what, if anything, in looking at the list, what, if anything, did you observe as it relates to the presence or absence of moisture in this particular impression? There did appear to be some areas that looked like they might have been wet or had an additional amount of moisture then other areas within the same impression. In my training, in my experience, one of the things that we are taught to look for as an examiner is what kind of differences may still be present even when an identification is made. As I testified already, you can never create the same impression twice. So even when we have an identification, the latent print is never going to look exactly like the known print. [13:31:52][64.6] [13:31:52] I know sometimes on TV they say show them up on screens and they overlay them and they kind of they match perfectly. But that's not really how latent print comparison works. There's always going to be inherent movement and distortion within any impression that sometimes may be recorded. A known print, sometimes known prints are well recorded and they're free from as much distortion as possible. [13:32:17][24.7] [13:32:17] But one of the things that we have to evaluate in making an identification decision is are we seeing differences that are due to moisture or surface or development issues or are we seeing differences that are inherent to them being from different sources? And we have to use tolerance where where appropriate in making that decision. In this instance, there were areas of the impression that do appear to be wet. The ridges do have a different appearance and the powder does adhere or react differently to more wet areas of the impression. And so that was one of the observations that I did make in this case. But it wasn't so significant that it over or overreached the tolerance that I can use in making an identification decision. OK, so it didn't affect your your evaluation in terms of the identification to Misrata? No, but it does make a difference in in explaining why if it were to be put up for anyone to see, the latent print does not look exactly like the known prints. And one of the reasons for that is there is moisture present. And in doing your comparison, did you follow valid scientific procedure and methods accepted in your field? Yes, I did. OK, and are those methods reliable? Yes, I believe actually in going through the ASV method I left off the V portion. The last part of ASV is the verification. [13:33:45][88.1] [13:33:45] Our policy advice requires that if we all of our decisions are verified by a second examiner, with the exception of the no identification decision and some of are inconclusive. But my suitability decisions for whether for A, B and C, those were all verified by a second examiner. And then my identification decision for item twenty one was also verified by a second examiner. One moment at this time, that is all I have for you. [13:34:18][33.4] [13:34:18] The swirlies that since I have some questions for you, I may just briefly this work. Yes. Hi, I'm Jason Chestnutt. We have talked about this case. Have we know OK, were you given any photographs to come along with items? Twenty one, ABC and No. Four, is it true that you're not sure where that latents palm print came from on the other, that it was came from a trust that you're not sure where all the traffic came from? That's correct. We we describe our evidence based on what's labeled on the lift card. Specifically in this case, they were simply labeled as being from William Bryan's truck. Got it. And then 21 C, which had some some detail on it. Was that a fingerprint? I believe it was, yes. OK, do you know from which finger it came from? No. OK, and then 21 D is that simply you don't know what in the world that was or that it was a fingerprint with no detail that could be used for comparison purposes based on the image that I have available. From what I recall in working this case, there wasn't enough detail to to say otherwise. And that's primarily why the result is also negative. [13:36:15][117.1] [13:36:15] There's just very little detail present, if any. So do you have the photograph of the car photograph? I have a copy. So it's not a great copy. It's just a quick look to see what you're seeing. I may have a question. I'm not sure that I will. The list cards. You. Yeah, the one that the one that goes to see this. Please. OK, so I'm looking at this. Do you see any detail in it that makes you believe that it probably came from the finger? The shape of the impression and the direction of the rich flow is indicative of it being from a finger. [13:37:02][47.3] [13:37:02] But still not sufficient to compare it to any known source. So you've got some detail that you think this probably came from a finger, but then you're looking for enough detail where you can say now I can start counting up enough of the detail to try to match it to another round, say yes. So our our determination for suitability is a combination of quantity and quality of detail. So while that number of features present is a part of the decision, it's not the total or whole component. OK, D is probably a finger. We don't know which D I don't know. I didn't make any determination. OK, but it has some of the details that's consistent with a thing we were talking about. Twenty C over there. All right. So 21 C is probably a finger. It's very likely from a finger. [13:37:51][49.2] [13:37:51] OK, and then D is such that you can't even begin to determine whether it could have come from a finger or not. Correct. OK, got it. And then you don't know where on the truck those things came from. Correct. OK, very good. Thank you. Your question. Yeah there is right now. You're right. Thank you. You may step down. You and you're excused but subject to recall. Stay ready with the Sex Pistols. [13:38:43][51.7] [13:38:43] Yes, right. This time the state's going to call Special Agent Lawrence sort of the truth, the whole truth and nothing but the truth. [13:40:47][124.5] [13:40:46] I do lot of. All right. Please state your name and spell it for a court reporter, please. My name is Lawrence Kelly. That's LSW RNC KLFY. And how are you currently employed? I'm a special agent with the GBI, the Georgia Bureau of Investigation. I am. What is the Georgia Bureau of Investigation? We are a state law enforcement agency. We're the investigative arm of the state government. We of when requested to do so, can assist local agencies with investigations or we can initiate certain investigations on our own involving certain specific violations of law. All right. So you're a special agent. What does that mean? It means I'm a post Georgia Coast Council certified law enforcement officer. I have powers of arrest throughout the state. [13:41:49][63.0] [13:41:49] I have a specialized training in various forms of investigative practices, interviewing and interrogation, certain specialized training in examining cellular telephones and cellular telephone records and elder abuse investigations and general just investigations. All right. So you got the normal training that the GBI provides all special agents, is that right? Yes. OK, but you have some special technical expertize. I do. All right. Tell the jury about your special technical expertize. I have two specialties. One is the only pertinent to this case. I my elder abuse are at risk. Adult from specialist. The other one I am a specialist in the gathering and use of data from cellular telephones and cellular telephones and social media records. [13:42:39][49.3] [13:42:39] I have a specific training and to download and extract data from cellular telephones to obtain records from various providers and to analyze those records. Right. So be fair to say that sometimes you're the guy who gets called out by other fellow agents. Yes, ma'am. Happens of quite frequent. All right. So direct to your attention specifically to May 6th of twenty twenty. Did you become involved in the homicide investigation for Mr. Ahmad Harbury? I did. All right. How did that come to you? I was called I was not involved in in the early stages. I was called by asexuals, but first lady in charge, Richard Dial, who was my direct supervisor, and he told me to report the next morning to assist in syntactical matters involving the Aubury investigation. Right. So he was the one who is in charge of the investigation. He was his back. All right. So, Richard, Dial calls you up. And at this time, did you then submit some video files to another arm of your agency? I did. When I arrived the following morning, I submitted two video files that I had received from Agent for Massingale that were videos, two videos. One was about how the lover of probably a minute moment, little shy of two minutes long, another one was like truncated version of that video to Matthew. He was a digital forensic investigator with our child exploitation and criminal Computer Crimes Unit Indicator. OK, so we'll go ahead and take a piece by piece when it comes to the Georgia Bureau of Investigation, [13:44:34][115.4] [13:44:34] that's a statewide agency. We are. So where is your office? My office is in Queensland. All right. And Matthew Heath, where is he? Out of his offices? He's at our headquarters. Indicate where at the time that our headquarters indicated Decatur. And that is close to what town? Atlanta. OK, so now he was in a different unit, you said? Yes. From the child Exploitation and Computer Crimes Unit has two computer based units, the cat, which is the United Kingdom and the Georgia Cybercrime Center in Augusta, Georgia. So he is a digital forensic investigator. Yes, ma'am. All right. So how is his job duty different than your job duties? He's not a sworn agent. We do some of the same things as a cell phone expert. I can download and extract data from cell phones and cell phones by themselves. He can do that for cell phones, computers, other devices. [13:45:29][54.7] [13:45:29] He also has the ability to do other technical things, such as enhancing enhance video files or reviewing video files for information. OK, so you sent him a one minute forty three second video. Is that the video of the homicide of a moderate? It is. All right. And the shortened version of it. That was the duplicate. Yes, it was. It was a truncated version originally created. I was I viewed the metadata. It was originally created approximately 30 some thirty seven minutes after the after the first oh, and it's just a it's truncated. I mean, it's just like cut force and it's like a thirty six second portion of the original video. All right. So did you also send him surveillance video from two nineteen sitilides, right. I did. Did you also send him five surveillance videos from the interior of 220 Satullo Drive and were those the ones dated February. Twenty third of twenty twenty. Yes. You also send him forty seven surveillance videos from two to four Sadil satellite drive. Yes. All right. Now with regard to the videos from two to four Pilet Drive were three of them from the date in question. February. Twenty third. Twenty twenty. I believe so, yes, ma'am. All right. [13:46:50][81.7] [13:46:50] So the other forty four, they were from January 1, 2020. But I don't recall they were not from they were from prior to the incident. I called exactly two leading questions please. Yeah. Keep wondering. Sure. So after submitting all of this to Matthew, he he's the digital forensic investigator indicator. What did he provide back to you? He provided back to me several videos that he had enhanced of. [13:47:21][31.6] [13:47:21] One of them was a contrast enhancement. Basically, he lightened up certain shadow areas in the video. One was a stabilized video that showed portions of the of the or the video kind of keep it in, keep the video had a lot of extraneous stuff on the side. So it just showed the the major part of the video. And then there were some frame by frame videos, frames each school frames from each of the videos that we saw. All right. So I'm going to go ahead and take you through this. If you had the opportunity, of course, to review the items, Matthew, he's sent back to you back in May 2011. All right. So did you have the opportunity to review State's Exhibit 191, Matthew? He's half speed video of the homicide. Yes, ma'am. All right. And was it fair and accurate? There was. At this time, the state retender into evidence state's exhibit 191. The objection is that they'll be submitted. In addition, did he also submit to state's exhibit 192? [13:48:30][69.4] [13:48:30] I think you mentioned the high contrast video of the homicide. Yes, ma'am. Right at this time, the state would enter into evidence state's exhibit 192 section of the objection to publishing state's exhibit 181. And how is this legal mean? I'll back it up to the beginning. And if you tell the houses it's five six one eight half speed, not empty for me. Agent Kelly. Now, state's exhibit one to two houses, level five six one eight. Not contrast, but just. Yeah, that is by far the difference between one ninety one and one. Ninety two point ninety one was slower. Yes ma'am. One only one is that half speed from the original. And this is, these are from the thirty second the thirty second truncated video. These are half speed. All right. And then the high contrast that is at which speed probably three or four full speed. All right. So when we get approximately, approximately here, which appears to be about ten seconds described, this image is compared to the half speed image, I guess. Is it brighter or darker? It's more. It's brighter. As you can see, the the road on this one is kind of washed out in the sun. You know, the intensity in the blue sky in Asabi, you see white or whether the light has washed out the pale blue in the sky. And the intent behind this is so you can see what I see, things that are that are maybe might be obscured by shadow in the original video. All right. So when we look at this right here, my focus, your attention right here, are we able to actually see what takes place here? It's way what did what? It appeared that the person known to me as Mr. Travis, that Michael raised his hands in this kind of motion. Did you see what he had in the sense that he had something in his hands? I couldn't see directly exactly what it was at that point. I can infer it was from from contact from later, but any contact from later? What does he have? You know, I'm going to object to the witness describing what is obviously in the video. I don't understand why the witness needs to say there are trees in the video. There's a road in the video. The Travis McMichaels holding a shotgun, videos and evidence. Now, video is the evidence. [13:53:39][308.3] [13:53:39] Witness doesn't need to describe. This is a key investigator who received evidence and there's a reason behind what he is doing and what he's observing as far as this case and prosecution goes, which is the details that are in these particular videos is that would be the appropriate question. What do you do that describing the video? It doesn't make any sense. And it's it's fraught with peril. We he's explained what he's done. You're asking me to explain what he believes he's seeing in the video. It's just like something to in addition to Matthew, he's also having received state's exhibit or for having received the videos from 219 Soto Drive to TriZetto Drive and two to four civil drives provide you with another video he did. He took me, took those videos. And basically there's extraneous material in both of them. We cut that out to show Mr. Aubrey's passed through the through the neighborhood and through any way he was seen in any of those particular videos that was submitted by. And you had the opportunity to review state's exhibit two to four. I have. All right. And was that what Matthew, he said, provided to you to just show Mr. Avery's past that day? It is. At this time, the state would tender into evidence state's exhibit two to one to two to two to three and then to two for the past March. If I could just have a moment, Your Honor. Remember what those are. So it's going to be six to one to two to two to three and then to two for the combined. Thank any objection that you don't clarify. Yes, no, no objection. [13:56:09][150.2] [13:56:09] We were just clarifying the exhibits she put to death object to submit to judge looking at state's exhibit two to four, completed and published the state's completed publishing state's exhibit two to four. So May 7th, did you also then receive from our CIC, Caitlyn Ngala in Tennessee? Did she attempt to provide you what she's attempted to do with the Greggory? Michael, no one will call. And the Brian video as far as audio went. Yes, ma'am. I received a letter from Kyle that the Gwinnett County Police Department had previously submitted the 911 calls and the same videos that I submitted to Mr. Keith to the Regional Organized Crime Intelligence Center, or I see they also have the capability of enhancing audio and video. [13:59:32][203.1] [13:59:30] And I was told that some of the files are ready. And so I downloaded enhanced 911 calls and some of the enhanced video products that they produced. But the audio files, no noticeable enhancement was made. But the audio files, it's not like NCIS or TV is there. And it really wasn't. The original video was of a of an audio quality that you could hear what was going on. And I don't think the enhancements brought anything new to light right. But with it came to Mr. Gray that she had also done some videos. Yes, ma'am. In an effort to enhance some things. Is that right? Yes, ma'am. All right. So State's Exhibit 129 has already been entered into evidence and you had an opportunity to review that. That's the one where she said she kind of cut out some extraneous stuff. Yes. Yes. Right. At this time, the state will go ahead and publish the two video files from state to state at one twenty nine, I believe one twenty nine is contained in the court's exhibit three stipulation. What is to stay here? State was the state level from it from IMG five six one seven, which is the longer of the two video polishing state's first female sixty six point twenty nine. The second video of the season 129. Let's say the bottom is stabilized I img five six one seven which is again the longer of the two videos. Now directing your attention to me is of twenty twenty where you tat's with following up on tips. Yes ma'am. That's actually I was actually tasked with that upon my arrival May 7th. But with all the other things I was doing, it was myself, Nicholas Anzac and several of our analysts from the George Information Sharing and Analysis Center in Atlanta, which is a deep work unit. We're tasked with reviewing the numerous tips that were coming in. All right. So they're coming into where they were coming in originally. They were just coming in through either Glen County PD or the sheriff's office. And then GBI announced we had created a tip line and most of them shifted to the GBI tip line. All right. So you were tasked with this unit to follow up on tips that you're getting. And these are from where just from the general public that believe the video had been released publicly at that point. And people were calling in. We had asked anyone with information to call in directly about the case, but we were getting everything from object to here. [14:03:51][260.4] [14:03:50] Your Honor, it's not being a search for the truth of the matter. Asserted that, you know, I'll just make something up. Bob called in and suggested this. It goes to they were receiving these and he took some action on one of the specific tips that I was going to ask about getting more specific. I will judge. All right. So did you attempt to determine if Mr. Aubrey could be seen running with a stick or a hammer? I did. All right. Tell the jury what you did. We have, as I I viewed the video, the half speed videos, we also had all of the still frame images that I mentioned earlier. I believe there were nearly 2000 of them. And we picked the one from the requisite area and reviewed them one by one. And what were you able to determine as far as Mr. Aubrey running with a stick? Objection, Your Honor. This is not an expert opinion here. He's saying I've looked at some pictures taken from some videos that other people enhanced for me. And this is what I think I see or I don't see. This is an issue for the jury. In Georgia. It's the same issues. He's looking at pictures and saying what he thinks he sees in the picture. We join your honor, and I think we're potentially opening doors to go into other tips and the narratives that they might foster say it wasn't going to go into any other tips or other narratives that they might foster. He was tasked with dispelling this tipper, this rumor that was out there, and he went victimization rosacea. We're now testifying. And so I think we need to take it outside. I think I'm still going over. Thank you for you. Overruling Mr. Voss. We're concerned about going into other tips. Mine was the issue of him testifying as an expert officer. It is actually what I was overruled on both. For the record. Thank you. You may ask the question if there's anything in Mr. Always have any point of influence. OK, all right. So you mentioned our frame by frame. That agent he gave to you. Have you a chance to look at state's exhibit three fourteen, the folder containing those? Yes, there is the large number of forms. All right. At this time, the state will tender into evidence the state's 314 at this time, the state's 314 at this time. And I'm sorry, as a witness the same way it was. But I said, you know, a lot of them wrong. I believe there's one thousand ninety five still images from the video. I just want people to have the support of what he was following up on, correct? Yes. And that's the state's tendering 1000 still images for this video. Is that what you're sticking to? Yes, we are tendering the entire one thousand ninety five still images digitally in a digital folder. These are the stills higher video. We're doing a selection of the these what I understand is being tendered. And he just testified to a review of photographs from the video. I understand these are the still photographs that were reviewed by the agent as part of his follow up that he has already described on the record notation, nosegay. I'm still trying to justify why you're the witness. Is this are these still these are still. But he did not read. These are still that were provided to him in the pickup. The other stuff in the stipulation, is that correct? All right. Very good. It was it just wasn't made very clear. So no objection from breaking my submitted. Thank you. So your discussions were like concentric circles. You know, we all eventually realized we're talking about this. I think we're talking about right. I'm actually going go back when we look at this particular folder, what does it say right down here in states three fourteen, the name of the profile, you mean right down here in the far back corner? How many are in there? One thousand ninety five. All right. We open it up. Are we looking at the first image? Yes, ma'am. And how is it labeled? At the very top and five six one eight frame, zero zero zero zero one EMG, which is an image format. All right. And how did you scroll through the same way it appears you're doing it? I use the gallery function on the computer. Such as this. Yes. Somnath, go ahead and stop here real quick for you while fifty seven and then we look at fifty eight. Do you know why there is a difference in clarity between those two particular images? Based on my training since the case at the time I didn't base my training. This case is going to be probably because there was motion blur in that particular frame, as is the camera might be moving a little bit of the cars moving. That would cause the the distortion in the earlier front because you're in a moving car. Yes, he's the the the two things are moving. The car is moving and the and the person taking the video is is moving. [14:10:10][380.1] [14:10:10] All right. Do you have any idea. I don't know. You know, do you know whether this has autofocus. It's trying to focus. I happen to know it was taken with an Apple iPhone. It does. And anybody who's ever taken a photograph of an iPhone as well as you move it, it kind of locks it on something and tries to focus to do that one thing, continue to publish. I hold it down. What does it do? It, move it. Move forward. Like an animation. Like a movie with one frame at a time. But it looks like a movie. And by the time we are here on frame three seventy nine, what's happened first taking the video is let's move the camera. For what reason. [14:12:22][131.8] [14:12:21] I don't know. I don't know. Does that include all one thousand ninety five which just from state's exhibit 190, the actual video of the homicide. Yes, ma'am. Direct your attention now to state's exhibit 315. And Kelly said he had opportunity to look through state's exhibit three fifteen prior to coming in and taking the stand today. Yes, ma'am. And are these just printed out stills of some of the InFocus shots from state's exhibit 314? Yes, it's not included because I overshot and it does it has the response that there was at this time the state enter into evidence state's exhibit 315. No objection to is this a subset of the last exhibit of printed? Correct. These are hard copy printed of Select InFocus images from State's 314. [14:18:13][351.7] [14:18:13] OK, did he take some action to focus on there? Just we're just clear ones as opposed to the ones. All right. So but these are not images that have been manipulated to be different than the images we see on them. These have not been manipulated in any way. They just were printed out from three fourteen. But yes, from the right, there is a good deal. No objection, Your Honor, to see the little more foundation. Thank you. No objection. Gudermes. Thank you. So closing down state's 314. So when we look at state's 315, so for instance, just the very first put up here to see and focus. All right. So is this just one of the still shots from state's 314? Yes, ma'am. It's one of these this one of the from the exhibit we just looked at. All right. So when we look at this address from there, how has how is the state's label that it? So you can see it. It's just about four state three fifteen and then it's 299, which I'm assuming is the the number of the frame from the previous set of rights of 314. This would be still shot to ninety nine so they could print it out. Now you indicated you were kind of the cell phone guy, is that right? I am. All right. So go ahead. And tell the jury what it is you do when you do a cell phone extraction. What is that, a cell phone. That exactly is just that. There's data maintained on cellular telephone for smart devices. It's maintained differently. Only the one we use a software or a device to extract the zero. The the the base data from the device using various methods of from the various software or equipment that we're using. So, for instance, if you have like a Samsung phone or iPhone, do you need different computers to extract the data at the time of this? Yes, ma'am. At the time of that of this case, we needed a major cities use. We have seven different methods that we use. But I was use the Cellebrite physical analyzer to do an iPhone, which they software that runs off of a laptop PC. And we had a self you Fed, which is a device for forensic extraction device also made by Cellebrite to do Android devices like Samsung. All right. So during your investigation, where you give in previous extractions. I was was I was given the extracts and I was given the reports of the extraction, which is when you load the extraction into Cellebrite physical analyzer in order to make any sense without that software, you have to generate a report. And I was given the reports from extractions that Linn County PD did. So Glencairn PD, were they able to give you the raw data? They were not. I asked for it in. Detective Morrison said he did not maintain the data at that time. Since then, he has been told it's probably best to maintain everything. OK, so you got the report, not the data yet. We're able to work with the report, though, due to the Cellebrite system. I was investigating MÃsSICA generated reports in what's called you. You said are you can read the report, which can also be loaded physically, a lot of software and reviewed. All right. So for the purpose of your analysis on May 11th, 20/20, did you look at the report, the extraction reports for Travis McMichaels? I think? And should you look at the extraction reports from William Ryan's cell phone? All right. Were you able to find any communication between Brian Cell Phone and Travis McMichaels cell phone on February? Twenty third. Twenty twenty. Nothing. Nothing that extraction of. All right. So I'm going to move you then forward to May 11th of twenty twenty. Did you work with Agent Seacrest, along with Mr. Ryan and his attorney, Mr. Off? I did. OK, and did Mr. Ryan consent to the download of his phone at that time on May 11th? Twenty, twenty. All right. So but this, of course, is a download as the phone is on. What date? Ismailov OK, so this is May 11th at your downloading. This is. All right. And what were you able to notice as far as Greg, with Michael's cell phone number and Mr. Ryan's number in the original extraction reports? Mitzvot neither neither Michael appeared as a contact in the May 11th extraction. Mr. Greg MacMichael appeared as a contact in Mr Rudd's office right now, also on May 11th, 20-20, were you present during the entire time Mr. Brian was being interviewed by Seacrest? No, ma'am. I was up there for the very beginning, Mr.. Of agreed to let us off his phone and I took his phone in the hopes that we would be able to get it back to him at the end of the interview of the president. But taking longer than we had thought. So we weren't able to do that. Oh, right. So May 11th, were you also interested in any surveillance video that Mr. Ryan may have had? All right. Tell the jury what happens with regard to the night owl surveillance video. Agent Seacrest after the interview came to me and said that they had surveillance at their house and the video had caught some might have some information related to the case. [14:24:34][380.8] [14:24:34] So I accompanied Mr. Ryan Metcalfe and I, an Agent Seacrest, to the house two to three or seven before the Ryan's house to attempt to download the the videos. All right. I'm going to show you that. Go ahead and show you what's been marked as state's exhibit one for ephedrin. Just so Special Agent Kelly, I'm showing you state's exhibit 194. You able to recognize that documents? Yes, ma'am. It appears to be true and great copy of a waiver of constitutional rights for. All right. What's that regard to the our digital security system at the Bryan residence? All right. And who witnessed that? Well, I find it is the witness, Mr. Mr. Bryant signed giving consent. All right. And did he sign freely and voluntarily? He did. This on the state retender into evidence state's exhibit 194 objects. Objects object to move state's exhibit 194. This is for the night, Elpidio. Yes, sir. Right. And what is the date we have here? Five eleven, twenty, twenty, eighteen for which is military time for six fifty four p.m.. All right. So once he signs the waiver and agreed to have his side, our surveillance system download, you went out to the house. What happened? Initially, neither Ryan nor Amy Elrod, who lived with him, could recall the password. So we began looking for the instruction manual for the device. We found that in the course of finding it, they were able to I don't remember how they remember remember the password. So we were able to, in the instruction manual, said that you could download a software that would allow you to view and download the videos from the device. So I did that on my computer. Downloading software and installing it was no problem. But due to the do a poor Internet connection, downloading the videos we download kept failing and it was going to take an inordinate amount of time if we continue to let you decide to do Mr. Golf suggestion, I took the passwords, the consent form, and I had the software loaded on my computer and I went back to where we were working out of the DNR office here in Brunswick, much better Internet connection and was able to download several videos. I tell the jury what the DNR is the of the Georgia Department of Natural Resources. Their office is right there next to the Millennium Bridge that I white building with the tower right there on the marsh. I see you're operating out of there. Yes, ma'am. We were operating on a hillside building. And were you able to then download the night out here? Yes, I was right. Have you had the opportunity to review State's Exhibit 193, the night owl videos? Yes, ma'am. We actually reviewed the videos at the scene. We were we were able look at them, just not download them. And then when I got back to the office, the downloads that we had were didn't seem to play very well. [14:28:15][221.0] [14:28:14] So we actually got the DVR later and got the downloads off of them again. They got the videos off the TV are specifically again. OK, so I kind of did it twice. Yes, ma'am, we did. But do you see change? No matter the videos that we receive, the actual ones that we could actually play were true and correct. What I saw when I was at some Burford that night. Right. So at this time, the state will enter into evidence state's exhibit one 193 U.S. objections. No objection to educate. What I want to do is I'm going to direct your attention first to the night owl video that ends in two five seven within the folder labeled one ninety four. The right here. What's the jury looking at? The video of the porch. And I think I'm beginning to that's the Bryant residence. I think it's three oh seven four four drive by. And what does it say down here front door? What to say up here in the upper right hand corner, do twenty three twenty twenty thirteen oh nine forty five, which is again in and minus times one of nine fifty five publishing. So this particular video system, we have about thirty seconds here. Why that it appeared in the video system was motion activated so it only records when there is motion to capture. Usually as anybody who's ever walked into like a bathroom with windows, motion detectors, there's a split second before it actually starts. And then if there's if there's not a lot of motion, it turns off. So when you looked at the night owl videos, you didn't have one continuous long video? No, man. [14:30:52][158.0] [14:30:52] There were short little snippets right. Publishing then within states, exhibit 194, the video ending in two five states. So what's the apostrophe at the beginning? What time are we looking at up here in the upper right hand? Corner at thirteen eleven and a four one and one of the four. All right. So we're talking about two minutes later publishing the video, the last three numbers to fifty eight within state's exhibit 194. So even though we don't have anything happening here in motion within the video, it's still taking us 30 second snippets. But yes, monitoring of how the motion video works is once the motion is activated, it takes video for a of time. If there is continual motion, it will continue to report. It's not it will it will stop recording. And I want to correct the record from it. The state's exhibit 193 is the folder containing the images six exhibit ninety four was the signed waiver. So if I misspoke earlier, this is the folder labeled one ninety three. We're now going to look at the video with the last three digits to six one. So what is the time on this? The View and do two six one thirteen eleven oh three is when it first. Was there any video with this angle before this number? I call remember, degen with. And were you able to then find any video afterwards meeting as Mr. Brian pulls the truck up, was there another video showing what he actually did out in the street. No, no. Your attention to the video for two, seven, eight. What time do we have here? Thirteen fifty eight. [14:34:27][215.0] [14:34:27] Oh, not same day. So thirteen fifty eight hours for some of the ones with this truck. That was at thirteen, eleven and publishing video three twelve was the time we have had here. Fourteen forty eight. And do you have any idea why Mr. Ryan is going back to his residence on a bicycle. Ebenstein. All right. So let's go ahead and talk about May 13th of twenty. Twenty where you present what Agent Seacrest had another interview with Mr Ryan. Mr Gosse, I was not present for the interview. After the interview. I was told that we had consented to download the Facebook page. And did you, in fact, download his Facebook? I did. All right. So with regard to Mr Bryan's Facebook page, was he a member of the satellite or Facebook group? He was not. And was he Facebook friends with Travis or Michael? No, no makeup. And was Facebook friends with Greg. Michael, not on May 13th. So when you downloaded it, you were able to see who he was friends with on that date? Yes, I downloaded it on the date that the that the download actually takes that. But you actually download we use the feature of the feature of Facebook that just allows a user to download their their page. I was provided from with the passwords and user credentials and was able to. I believe you. I've actually used his phone to do it to download the page. So this isn't like an official record from Facebook. I know. And this is not a we didn't get this from Facebook. We didn't get it from the provider do legal methods. We got it through the consent and downloaded log into his Facebook page and downloaded it just like anybody else could. All right. So would be fair to characterize it as a snapshot, as it was in May of 2014 to her testifying in leading the witness. She got on direct. It's asking a question. How would you characterize the download from a twenty twenty? It is how the account appeared all the day at the time that I initiated the download, was there any historical data? There was. There was historical posts and things that were just like your Facebook feed. It can stays there that you deleted or until until it eventually, I guess, goes away that most. I've got a Facebook information back many years, though, so I think if you actually have to actually delete it for the way, is there any way for you to know, based on the download from May 13th of twenty twenty, whether Mr. Brian had deleted anything? Oh no, not, not with that. Oh not with the information from the download. It May 15th. Did you continue to assist with looking into text from the GBI tip line part and were you tasked with looking into another social media website. Not Facebook, but a different one. Yes. Which one of several actually next door and Snapchat. Right. So regarding next door dot com, what did you do? I preservation letter to through their their legal compliance office preservation letter. Just federal law allows law enforcement to reserve certain records on electronic communications providers, social media platforms, telephone. So your telephone providers, things like that. And all you have to do to preserve it is send a letter with case number six and a preservation request to next door. Yes, sir. Do you send a preservation request to any other provider of cell phone data you've been authorized? AT&T, I believe we sent one Apple, we set one up thing. OK, so that was it. How in dispute was it as far as the defendant's location on the day of February? Twenty third. Twenty twenty. It was an issue. Sometimes it's nice to corroborate information that you already have with additional information. So this is an abundance of caution. Yes. May twenty twenty. Did you also download someone else's Facebook data related to Mr. Bryan yesterday? A.m. rather I believe it was, I believe chooses his fiancee at time. They pull it together and they May 19th, Bizzell. I tell them, yes, ma'am. She could not provide her cell phone. She told me and I verified later verified that she had provided consent to do both. And I was not able to get her. She had work, so we had to get her cell phone following that. All right. Now, let's jump forward to May 19th of twenty twenty. What was going to take place on May 19th of twenty twenty? I sort of got the down for this examination is going to be how do I do that rape. I'm trying not to be disruptive. I, I have five more questions and nothing else to publish. But we're going to take place on May 19. Twenty twenty eight search of the micro residence. Right. And what you do to assist in that execution of a search warrant for prior to the search, I search the tax records of Thirty Telegraph, who actually owned two three satellite drive Descombes. I don't remember. There's something Amy was the first one of them that there from Athens, Georgia. [14:41:50][443.2] [14:41:50] I don't remember the exact address. All right. So two, three still drive on by the Scroggs of Athens, Georgia. What did you do next? I don't believe the agency we to perform the search. All right. It would be fair to say all he did was seize the Wi-Fi router. That's all I did. I just did other things that we were interested in. Some of the data we got had gotten off one of the cell phone dumps. How do I find out information we were trying to verify it. Was that right? [14:41:50][0.0] [14:42:21] I and then going ahead to June 30th of twenty twenty, you said a preservation request to some other agency or rather Amazon.com. Oh, I did. Intermedia, I think it was owned by Amazon is who I sent it to, would say for blink the blank camera systems. All right. And who had a blank camera system, Larry, did you ever get anything back from Amazon.com or the other company with regard to the blinks camera? We never got a response that they received the preservation request. I don't know if any. I was not my purview at this case. The issue was I don't know if you want to pay or anything like that, but we've never got verification of it for the records right now. On June 4th, did you actually get feedback from next door dotcom idea? I received that telephone call from their legal analyst and their their counsel of record, and they advised that they had done a diligent search of their records based on the information that I had provided them, [14:43:28][66.9] [14:43:27] plus publicly available information at the time to see if there was anything in their system that would be relevant to the case. Very important. And they were unable to find any. Were you specifically looking for Larry English's potential next or stuff? We yes, we were looking for four references to what references to the case in general. We're also looking maybe references to to crimes in the in the city stores or adjacent neighborhoods. Nothing of relevance and nothing in that's what they call me. Nothing of relevance. I didn't provide anything much and eventually received the cell phone records back from Verizon for Travis MacMichael and Prizefighting. And at some point in time, were you given an extraction report for another person, cell phone? I was. I specialize a lot with our region for office. Who was my counterpart over there? He's the cell phone person over there. I downloaded Mr. Engelhardt's his cell phone and provided me if actually the data it was not a report. He provided me with the data and I generated the report. All right. So now the videos of the interior exterior to satellite drive when they came that way to you from Larry Englishes phone, did they data associated with them? Yes, ma'am. So I guess when they did and were you able to find them embedded in texts that he had sent out? Yes. And some of them were duplicated, which is indicative of them being associated or forwarded or sent the text message and we also found them within the text messages in the some of the I will pass the witness list. Don't wear a good time to go ahead and break when we go take a fifteen minute recess and do not discuss the case among yourselves. We'll see in about 15 minutes. Mr.. All right. As you step down, I remind you that you're under oath. Do not discuss your testimony with anybody during the recess. Recess for 15 minutes [14:43:27][0.0] [GAP]
PICKING UP A CHASE AND CRASH 2009
A police chase that topped speeds of 100 miles per hour was caught on camera. Police identified the driver who led them through three counties Monday. Jonesboro police released the dash camera video from the high-speed pursuit that took place Friday. The chase started in Jonesboro when police said a pick-up truck was driving erratically. Jonesboro police followed the truck to Spalding County. Georgia State Patrol troopers joined the chase and along with Jonesboro officers, tried to use a box formation to stop the truck. The truck eventually crossed a median and flipped several times. The truck landed in trees next to the road. The driver was taken to an area hospital with serious injuries.
AIRPORT COPS MANHANDLE WOMAN ON TAPE 2006
CONTROVERSIAL VIDEO HAS SURFACED TAKEN FROM AN AIRPORT SURVEILLANCE CAMERA. IT SHOWS COPS LIFTING A WOMAN OFF THE GROUND AS THEY PLACE HER IN CUSTODY AND TOSSING HER AROUND IN A VIOLENT WAY. THE WOMAN, DIANA DIETRICH BARNES, ARRIVED AT THE AIRPORT TO PICK UP HER MOTHER. AN OFFICER TOLD HER TO KEEP MOVING..THAT SHE COULDNT' PARK IN THE PASSENGER PICKUP AREA. BARNES HAD TO BACK UP TO AVOID A TRUCK IN FRONT OF HER AND SHE HIT THE OFFICER WITH HER SIDE VIEW MIRROR. THAT'S WHEN COPS WENT TO ARREST THE WOMAN. POLICE ARE REVIEWING ALL THE TAPE AS ARE COUNTY ATTORNIES.
STATE DEPARTMENT REGULAR BRIEFING WITH JEN PSAKI
State Department Briefing with Press Secretary Jen Psaki Subject: Daily Press Briefing Location: Briefing Room, the State Department, Washington D.C. JENNIFER PSAKI: I still have the boot, but not much longer. I just have one item for all of you at the top on the de facto elections in Abkhazia. The United States does not recognize the legitimacy of the so-called presidential election on August 24th and will not acknowledge their outcome. Our position on Abkhazia and South Ossetia remain clear: These regions are integral parts of Georgia. We once again urge Russia to fulfill all of its obligations under the 2008 cease-fire agreement, including withdrawal of its forces to pre-conflict positions, reversal of its recognition of the Georgian regions as independent states, and provision of free access for humanitarian assistance to these regions. We renew our full support for the Geneva international discussions as a means to achieving concrete progress on security and humanitarian issues that continue to impact the communities on the ground in Georgia. And with that -- I don't think we've met before. Q: (Off mic) -- I'm Ken Delaney (sp), I'm the intel writer for the AP. I'm here for Matt, so -- MS. PSAKI: All right. Welcome, Ken (sp). Q: Thanks a lot. Can you confirm the New York Times report (that ?) there were two airstrikes in the last week by Libya and the UAE -- I'm sorry, in Libya, by the U.S. -- UAE with help from Egypt? MS. PSAKI: Well, Ken (sp), I'm not in a position to provide any additional information on these strikes. I'd certainly refer you to the governments of Libya, Egypt and the UAE. We certainly -- the position from the State Department is that we continue to encourage support for Libya's elected political institutions as well as steps they can take towards stability, and we remain supportive of a cease-fire, as you know. But again, I've seen those reports; I'm not in a position to offer any confirmation or any details. Q: When you said that -- you said "these strikes." Are you acknowledging the strikes are taking -- did -- MS. PSAKI: I was referring to the reports in the question that you asked. Q: OK. Q: (Off mic.) Q: OK. Sure. MS. PSAKI: Go ahead. On this question? Q: Yeah, on the same issue. MS. PSAKI: We can go back and forth. Go ahead, Said. Q: On the same issue. Egypt just denied that they did any, or they bombed Libya. Can you at least confirm that there was bombing and that bombing may have been done by these forces? MS. PSAKI: I just don't have any information to offer you. Q: If these strikes were carried out, in fact, by Egypt and UAE, would Washington be disappointed that they had taken this route? MS. PSAKI: I think, Roz (sp), I'm not going to go down that rabbit hole with you. Do we have more on this specific -- Q: (No, but ?) it's a legitimate question, Jen, because the question of whether a government which has had its issues in being stood up in recent times is suddenly now dealing with outside military strikes, whether in support of its efforts to stay constituted or not, certainly that does raise security concerns for this government. MS. PSAKI: Well, Roz (sp), I think we've consistently said, and I just repeated it, that Libya's challenges are political and violence will not resolve them. Our focus is on the political process there. We believe outside interference exacerbates current division and undermines Libya's democratic transition, and that's why our focus remains on urging all factions to come together to peacefully resolve the current crisis. (Inaudible) -- Q: You said -- you say that you've seen these reports of these apparent airstrikes. Do you know whether anyone at the ambassadorial level or anyone from Near East Affairs here or the secretary himself has spoken to anyone in either Egypt or the UAE about these reports and whether the U.S. has any concerns about them? MS. PSAKI: Well, we speak with our counterparts in those countries all the time. I mean, the secretary spoke with Foreign Minister Shukri, I believe, just yesterday. But I don't have anything to read out for you in terms of discussions. Go ahead, Ali (sp). Q: It would stand to reason that this did not come up in their conversation, the question of airstrikes and whether or not Egypt played a role in them. MS. PSAKI: I just don't have anything more to read out for you from their call. Q: And in the same article, it seemed that what was stressed, as Roz (sp) mentioned, was the lack of conversations, intelligence-sharing, between the U.S. and the UAE and Egypt. So could you characterize where the nature of conversations, of intelligence-sharing with not only Egypt but the UAE, because it really seemed in this article like the U.S. got blindsided by these strikes. MS. PSAKI: Well, all I can say, Ali (sp), is that we have close working relationships with all of those countries you mentioned. We share a range of information. I'm not going to characterize it further. Go ahead, Said. Q: Yeah, can we go to the release of Theo Curtis? MS. PSAKI: Sure. OK. Q: OK. So, I -- could you update us on that and could you tell us about the role that Qatar may have played in this? MS. PSAKI: Well, a number of these details have been out there, but let me just -- I know we haven't had a briefing since then, so let me just pick through for you what I can here. As you all have seen in reporting and many of you have reported, Mr. Curtis was handed over to U.N. peacekeepers in the Golan Heights at 6:40 p.m. local time on August 24th, which, as you all know, was yesterday. The United Nations facilitated the handover. After receiving a medical checkup, Mr. Curtis was handed over to U.S. government personnel who then brought him to Tel Aviv. We don't have details to share at this point about the timing of his return to the United States. As has been also noted, but worth repeating, he'll undergo further medical evaluation. From preliminary reports, he appears to be in good health. I think it's important to note, of course, that he was held captive by a terrorist organization for many months. Q: (Off mic) -- Q: OK. So is he -- is he still in Tel -- MS. PSAKI: So, Said, go ahead. Q: Is he in Tel Aviv, that's what you said? MS. PSAKI: There hasn't been a change in his location. Q: OK. And could you tell us, on the role of Qatar, any? MS. PSAKI: Well, I think it's important to note that the U.S. government has, over the past two years, reached out to over two dozen countries, including Qatar, for help from anyone who many have tools, influence or leverage who can assist in securing the release of American citizens, including Curtis, held hostage in Syria. A range of senior U.S. government officials, including from the State Department, were in touch with partners in the region and specifically with the Qataris about working for the release of American citizens held in Syria. I think all of you have probably seen the statement from the family that they issued yesterday. We understand his release follows a direct request from the Curtis family itself to the government of Qatar for its assistance. And beyond that, I don't know that I can detail much more from you from here, but go ahead. Q: So was any benefit (conferred ?) by the U.S. or any other party to the kidnappers or their allies as part of the negotiations for -- (inaudible) -- MS. PSAKI: Well, as you know, we don't make concessions to terrorist organizations, including paying ransom. We also don't support any third party paying ransom. Did not do so in this case. We're unequivocal in our opposition to paying ransom to terrorists, so (with that?) -- don't know if I could be more clear than that, but go ahead. Q: Well, are you aware of any benefit being conferred by another party, though? MS. PSAKI: I don't have -- you know, I think it's important to note that the family has addressed this issue in their own statement, in their public comments, and made clear that their understanding, this was a humanitarian release. We also have not been told by the Qataris or any other party that there was anything more than that. Q: What is the intelligence value -- Q: Jen, did the U.S. ask specifically Qatar not to pay any ransom? MS. PSAKI: Well, I think, Nicholas (sp), it's important to note that our public and private position has been very consistent on this and has been repeated many, many times. And not just our position -- we've also been very engaged in policymaking on this front with -- through the U.N. Security Council, through international organizations, and our believe continues to be that the paying of ransom puts U.S. citizens at risk. Q: Jen, do you know what was different this time? I mean, he was held for almost two years. Why did this intervention make a difference? Was there excessive pressure from the U.S. in the wake of Jim Foley? Was there something specific that triggered this? MS. PSAKI: Well, I think it's understandable that I'm not going to speculate on motivations and will let -- (inaudible) -- speak for itself in that regard. It's, you know, a case where obviously this is a situation we've been working on for some time now. As you know, he's been captive for -- he had been captive for two years. We've been working with -- we'd reached out to nearly two dozen countries from the State Department alone, and obviously there are a number of agencies who've been very involved in this, so unfortunately I can't shed light for you from the podium on specifically what took place here. Q: Well, the statement came from Secretary Kerry yesterday announcing this. Was he directly involved in reaching out to the Qataris in recent days or to any of the other two dozen countries you're mentioning? MS. PSAKI: The secretary has been engaged. As was noted in his statement as well, Mr. Curtis has a strong connection to Massachusetts. The secretary has been engaged in this, as have a number of other senior U.S. officials. Q: But he hasn't in the past week directly implored for help from the Qataris, the secretary. MS. PSAKI: I just don't have more of that that I can read out for you. If that changes, I'm happy to make that available. But I think it's safe to say that the secretary has been personally involved in this, yes. Q: Do you know whether -- Q: Just one more thing on the ransom issue. MS. PSAKI: Sure, go ahead. Q: You said the Qataris didn't tell the U.S. that they paid a ransom, but the U.S. has ways of gathering information outside of what people tell them. I mean, presumably the intelligence community would know if a ransom was paid. So does the U.S. paid if a benefit was conferred or a ransom was paid? MS. PSAKI: I just don't have anything more to add on this particular topic. Go ahead, Roz. Q: In terms of -- in terms of the intelligence benefit, do you know whether he is undergoing extensive interviews by U.S. intelligence in order to get a better sense of what Jabhat al-Nusra is doing inside Syria -- especially given that they had been fighting alongside the Free Syrian Army, despite the U.S.'s extreme misgivings about this organization? MS. PSAKI: Well, Roz, I certainly understand your question, I just -- I'm not going to be able to lay out any further detail on the discussions going on with him at this point in time. Go ahead. Q: Jen, being as he was held by Jabhat al-Nusra, how do you feel this might impact, let's say, those who are held by ISIS -- I mean, this kind of deal? MS. PSAKI: Well -- Q: Are you concerned that it actually may imperil American hostages that are being held by ISIS at the present time? MS. PSAKI: I would not state that. I think, Said, it's important to note here that he's the only -- we're not aware of other Americans being held by al-Nusra. Obviously, they're different organizations and I think that's important for everybody to note. Al-Nusra is still a designated terrorist organization with close ties to al-Qaida. That hasn't changed. We have -- their members have committed many horrific acts of violence against many people and our concerns remain. But again, it's a different organization so I would caution anyone from drawing conclusions about what it may or may not mean. Q: I asked Marie last week on the number of hostages that may be held. Do you have any idea the number of hostages and how many Americans are being held hostage? MS. PSAKI: That's just not something that we outline publicly. Anne (sp). Q: Yeah, I'm just slightly confused on the ransom question. The United States did tell Qatar that it -- that it was the U.S. preference not to pay ransom, correct? MS. PSAKI: That has long been our position and long been stated to Qatar, yes. Q: But in this specific transaction, it was the U.S. telling Qatar, great, go talk to them, do what you can, no ransom. Is that -- is that correct? MS. PSAKI: That has been consistently out position, publicly and privately, yes. Q: Syria? Today the Syrian foreign minister Muallem gave a press briefing and said that Syrian government is open to work with the countries, such as the U.S., Britain, Saudis, against ISIS. Do you have any response to that? MS. PSAKI: Well, I think -- I would say, first, that, you know, we obviously have taken the threat of ISIL very seriously, as evidenced by the president's actions and the actions of the United States over the last several weeks. But while the Syrian regime may now be bombing ISIL and taking other steps with the right hand, it's helping ISIL's recruiting with the left hand by refusing to deal with the Syrian people's legitimate grievances or to accept any willingness or openness for a real political solution. So I think Marie spoke to this a little bit last week, but in our view there are multiple challenges and issues on the ground in Syria. And certainly just because the Syrian regime may be taking on ISIL or speaking publicly about that, and certainly the United States is, it certainly doesn't mean we're on the same side of the coin here. Q: Does the United States have permission to act unilaterally? One of the things that the Syrian foreign minister said is that outside of coordination with his country -- quote: Anything outside of this is considered aggression. Will the United States act unilaterally to strike inside Syria? MS. PSAKI: Well, I'm not going to get ahead of, obviously, the president's decision making, Lucas, but I think when American lives are at stake, when we're talking about defending our own interests, we're not looking for the approval of the Syrian regime. Q: On this subject, could you step back and describe the nature of the threat from ISIL to the United States directly? And I ask because there seem to be different views within the U.S. government on this question. There's a joint FBI/DHS bulletin recently that said there's no evidence of a threat to the homeland, and I've heard intelligence officials say -- talk about threats to the homeland through West -- you know, ISIL fighters with Western passports. Where does the State Department come down on the threat to the U.S., to Europe? MS. PSAKI: Sure. Well, one, I think ISIL has -- itself has said they want to attack the homeland. We take those threats very seriously, and we monitor closely, of course, whether or not ISIL will seek to develop plots aimed at the West beyond the geographic area they've been operating in Iraq and Syria. So we're doing that right now, and of course that's ongoing. And we're actively consulting with counterparts around the world, as you would certainly expect. But there's also been a range of comments made outside of the administration as well, and I think our view is that of particular concern now is the fact that many Westerners and some Americans have gone to Syria or Iraq to fight with ISIL. We're concerned about the fact that someone with a Western or a U.S. passport might return home and attempt acts of terrorism there. And obviously that's something that's been a big topic of discussion with the U.K. and other countries as well. But the bottom line is we need to base our analysis on the facts as they are, and some of the analysis out there appears to not actually be based on information but more in conjecture, which isn't helpful either. So our view is, we need to continue to assess and monitor closely what their capabilities are. We certainly take their threats seriously, but also, you know, conjecture and -- is not helpful to the cause either. Go ahead, Margaret. Q: Jen, follow on that. For the, you know, few Americans who the intelligence community assesses may have joined ISIL and -- or have gone to fight in Syria, has this building revoked their passports? MS. PSAKI: I don't have any -- it's a good question, Margaret. I'm happy to take it and see if there's more information we can share. Q: Yeah, or if it's being considered? MS. PSAKI: Sure. And I think it's important. You know, I think this has been out there, but the president's going to be chairing also a meeting at the U.N. Security Council on foreign fighters and the shared concern we have with many of our counterparts around the world where a range of issues will be discussed. I'm happy to take that and see if there's more we can share. Go ahead. Q: And just following on that, I mean, so does ISIL pose the kind of credible threat to the U.S. homeland, say, that AQAP does? I wasn't clear from your answer whether you -- the State Department believes that. MS. PSAKI: Well, I -- we don't like to do rankings of terrorist organizations, as you may know. I know there have been comments made about 9/11-style attacks. To date, we've not seen them focus on that kind of planning. That doesn't mean we're not going to be very mindful that they could quickly aim to pivot to attacks against Western targets outside of the region. And that's certainly something that we're monitoring very, very closely. Q: Jen? Q: As a follow on Margaret's question, when you asked about the passport status, can you spell out for us what the criteria are? Does that equate losing one's citizenship? You know, if you can parse out the legalities of what it means to lose your passport for us, that would be really helpful. MS. PSAKI: I will see if there's anything more that we can share. I think you all are aware of the fact that obviously we work on this closely with many of our counterparts. There are a limited number, certainly, of U.S. citizens that we would be looking at. Q: Jen -- (off mic). MS. PSAKI: Go -- sorry, on the -- (laughs) -- why don't we go to you, and then we'll go to Said next, and then we'll go to Scott. Go ahead. Q: Secretary Hagel last week said that, you know, confronting ISIS would be through a regional coalition. Any steps already underway to establish such a coalition, and on what basis such a coalition would be -- would coalesce? MS. PSAKI: Well, the president also spoke to this, as well as Secretary Hagel, and I can certainly say that Secretary Kerry agrees that there needs to be a common effort to take on this threat, so that means not just unity within Iraq, among the different parties in Iraq, but it's also about building and mobilizing a broad coalition of countries, regional states who have no interest in seeing ISIL get a foothold, and our international partners, like the U.K. This is working together to determine how we can best address this common threat we face. Q: But how to do this if Syria is not part of this coalition as, you know, General Dempsey said that it will do nothing if you don't address the problem in Syria, too? MS. PSAKI: Well, are you talking about -- so, just can you (extrapolate it out?) a little more on your specific question? Are you asking us about working with the regime? Are you asking me about taking on the threat in Syria? Q: I mean, for the time being, you still consider the regime in place as, you know, governing Syria, right? MS. PSAKI: Correct. Q: So how would you address the ISIS problem in Syria without coordinating with the regime, even if there is a coalition, I mean, in which Syria is not -- MS. PSAKI: Well, I addressed this a little bit earlier but it's worth repeating. You know, as we look to possible future military action -- I think this is the question that you're asking -- we're going to do what is necessary to protect Americans. So again, I'm not going to get ahead of decision-making that the president hasn't made yet or rule any option on or off the table, but we're not going to be restricted by borders. We're actively considering what's going to be necessary to deal with this threat, or certainly working with a range of partners in the region as we coordinate those efforts. Q: Have you already started talking with somebody in the region to make this coalition possible, or not yet? MS. PSAKI: Well, that's been an ongoing discussion and one that I expect will continue and will take some time to put together and to address the threat, certainly. Q: Jen, you know, now that ISIL has taken over the Raqqa area completely and they routed out the Syrian forces, that provides, like, a base opportunity -- a good target opportunity now if the United States decides to, let's say, bomb this area since we know where they are, and without coordinating with the Syrians, and then they fire at a U.S. airplane and bring one down, you know. So first of all, do you see this as a likely scenario? MS. PSAKI: I'm not sure where you're going with this, Said. Q: I'm going with this that, you know, if you don't coordinate with the Syrians and, you know, they look at, let's say, whatever American assets, including fighter jets, as enemy or as a target and down one, then, you know, the situation gets a bit more complicated, doesn't it? MS. PSAKI: I'm not sure that's a likely scenario, but I -- we have some pretty talented military officials over at the Department of Defense that I'm sure would take any factor into account. Q: On the other hand, if you do coordinate with the Syrians and then you have both the Syrians and the Americans in this case, you know, attacking ISIL, that would be like a juggernaut, wouldn't it? MS. PSAKI: Well, again, Said, I think I addressed a little bit earlier what our views are on that. Anne (sp), go ahead. Q: Well, actually, Said asked a version of my question -- MS. PSAKI: OK. Q: -- which is, is there -- I mean, is there a scenario here under which the United States would go ahead, should the president decide to do this -- using your words, you know, we're not going to be bound by borders and we would do what was necessary to protect Americans -- without any coordination, without any heads up, without any at all signal to the Assad forces that these actions were going to be taken? MS. PSAKI: I'm just -- I understand certainly the nature of the question. Obviously there hasn't even been a decision made, so I'm just not going to speculate from here on what kind of coordination we would be participating in if we were to decide to take an action. Q: Is there a third party through which that coordination might take place? MS. PSAKI: I certainly understand, and if we decide to take an action we can of course discuss this, but I'm not going to have much more to add on this particular question today. Scott, go ahead. Q: As Marie did last week, you've been clear that just because the Syrians and the Americans are both fighting Islamic State it doesn't put you on the same page, plus you blame President Assad for contributing to the rise of the Islamic State. Given that, is there any concern that in fighting the Islamic State yourself, you almost reward or bail out President Assad for creating what may turn out for him to have been a miscalculation? MS. PSAKI: Well, I think the way that we are looking at this -- the world is a complicated place, certainly, and obviously the strength of ISIL has gained in the past several months, as we've all seen and watched closely. And we would be looking at this through the prism of what is in the interests of the United States, how to protect the American people, how to protect, you know, American soil. And obviously decisions that need to be made, those are the most important factors. And certainly we would not view it as being on the same side just because there is a common enemy. Q: Can we go to Gaza? MS. PSAKI: Let's just finish this and then we can. Go ahead. Q: I have two more on this specific question. One is that do you have any kind of update regarding Iran's role in terms of feeding the al-Qaida affiliate groups and ISIL within Syria? MS. PSAKI: I don't have any particular update. Did you have a question about a specific report or -- Q: Yes, I asked this question last week -- MS. PSAKI: OK. Q: -- regarding U.S. Treasury report in February that the operatives in Tehran helping fighters and funds to go into Syrian to affiliated groups. But I couldn't get any kind of clear answer from your department -- MS. PSAKI: Well, that's why we designated them, but -- sorry, what was your specific question about it? Q: So my question is the role of the Iranian government with this ISIL or other affiliated -- al-Qaida-affiliated groups in Syria. MS. PSAKI: I don't have any particular update. Obviously you're familiar with the reports and some that we've confirmed about Iran's role in Iraq currently. But beyond that, I don't have any particular update. Q: I have one more. Speaking of terrorist organizations, there is PKK and PYD. The PKK is listed as a terrorist organization by the U.S. and by EU. But at the same time, they've been fighting against ISIL for a number of months now. Do you have any kind of consideration or reconsideration regarding their status as a terrorist organization? MS. PSAKI: Our position on their status as a foreign terrorist organization hasn't changed. As you know, we release a country report on terrorism every year. We -- a review of FTO designation is conducted every five years as required by statute. If circumstances warrant, an FTO designation can be reviewed before the five-year review is required. But I don't have any particular updates or anything to read out for you in this particular case. Q: Jen, do you have any updates on support to the moderate Syrian opposition that may or may not have been expedited by the United States government in light of the threat? Marie talked about the FSA as a partner to the U.S. I'm wondering how we're helping out our partner. MS. PSAKI: Well, I think beyond what we've announced over the course of the last several months, you know, we're waiting for Congress to take action. Obviously they're adjourned at this point in time. I can see if there are any other updates beyond that and beyond the announcements that you know we have made. Q: Has the secretary reached out to the new head who has replaced al-Jarba as head of the FSA? MS. PSAKI: I can check and see if they've had contact or when their last contact was. I mean, it's been some time now, but I can -- I can see if there's any update on that. Go -- or -- Q: Back to -- MS. PSAKI: Oh, go ahead. Q: Back to ISIL. There's a hacker group that's calling itself Lizard Squad. They took down a number of online gaming networks and they caused an American Airlines plane to be diverted yesterday. They say that they're doing what they're doing in the name of ISIS. Is this something that the State Department is concerned about or do they believe -- do you believe that there's any actual credible link between them and ISIS or are they more just interested in their cause? MS. PSAKI: It sounds like a very interesting report that I have not read yet. So let me check and see and -- so your question is whether we think there's a legitimate connection between ISIL and this -- Q: This Lizard Squad. MS. PSAKI: The Lizard Squad? OK. Noted. We will check and see if we can get you something after the briefing. Nicholas and then -- go ahead. Q: One more on Syria. MS. PSAKI: OK. Q: Given the fact that the U.S. and Syria have still diplomatic relationship, do you have -- recently did you have any contact with the Syrian regime? And is the secretary prepared to talk to his Syrian counterpart? MS. PSAKI: We've long had that ability and have been in contact in the past, as you know. I don't have anything to readout for you or predict for you. I can check along with Margaret's question and see if there's anything to add on that front. But not that I'm aware of. And I think it's important that -- to note here that this -- the shared concern about ISIL does not indicate a change in our view and concerns about the Assad regime and the horrific acts that they have done against their own people. Go ahead. Q: Has the U.S. verified or disproven Iran's claim that it shot down a drone over its territory? MS. PSAKI: Let me see if I have anything on that. I'm not sure I do. I don't have anything to update you on that front, my apologies. Should we go to a new topic? Q: Gaza? MS. PSAKI: Gaza, sure. And -- Gaza then China, does that work? Q: I have one on Ukraine as well. MS. PSAKI: OK, no problem. We'll do all of them. Go ahead. Q: On Friday, you know, there were -- folks -- (inaudible) -- that we're heading towards some sort of an international effort for -- to broker a cease-fire. The EU, the United Kingdom and France and Germany and with possibly the United States -- with possible U.S. involvement. But these hopes were dashed, I guess, by this morning. And can you tell us if there's any effort by the secretary of state or by the United States to actually bring about a cease-fire? MS. PSAKI: Absolutely. One, let me say that the secretary has remained engaged with the Israelis, the Palestinians, with a range of countries that have a stake in seeing a peaceful outcome. That has been the case over the course of the last several days. And he spent quite a few hours on the phone working on this particular issue. In addition, we've also been working with our counterparts from the Arab world and Europeans as well in the U.N., working through the U.N. Security Council to see if there is a process that can be taken in conjunction with efforts that the Egyptians are leading on the ground to bring about an end to a cease-fire as well. So we remain very closely engaged in this. The secretary does, Frank Lowenstein does, a range of important of important and high-level officials here at the State Department and around the administration. Q: So you're saying that there is an ongoing effort outside the Egyptian negotiation or the Cairo negotiation -- (inaudible) -- MS. PSAKI: No, I -- no I was saying that. I was saying that we remain closely engaged with both parties as well as the Egyptians. Egyptians count as a counterpart that has a stake in the outcome. They've obviously been leading this effort on the ground. The U.N. effort would be complementary of that, but we're certainly been working with our partners in the Arab world and as well as Europeans on that as well at the same time. Q: Mahmoud Abbas today said, the Palestinian Authority president, said today that if the Cairo talks fail -- which is -- like, he gave a couple days -- then they will go to the United Nations and they would actually seek some sort of a timetable to end the occupation. Would you be supportive of that? MS. PSAKI: Well, Said, I think we believe -- we support President Abbas' objective to achieve a two-state solution, but we believe that if the Palestinian resort to the ICC, it will badly damage the atmosphere with the very people with whom they ultimately need to make peace. And so our focus remains on achieving a sustainable cease-fire not by resorting to unilateral actions in international fora. And that's why we remain focused on the efforts the Egyptians are leading and also working with our counterparts in the U.N. Q: The Israeli raids seem to be intensifying with every passing day rather than -- (inaudible). They're not abating. They're not abating. And as a result, you have, you know, I mean, a very badly deteriorating humanitarian situation, apartment buildings being blown out to smithereens, people are not -- or kids are not able to go to school on time and so on. Are you concerned that the situation may actually even get worse than it is today? MS. PSAKI: Well, certainly, that's our hope that it doesn't. We remain very focused on this because we believe that ending the violence now, bringing up -- about a sustainable cease-fire will of course bring an end to the civilian casualties, bring an end to the fear that many people in the region live under. So certainly, we're aware. We all watch the news reports. We talk to counterparts in the region about what's happening on the ground. And that's why the secretary has logged several hours, why we've had officials in the region working closely on these issues with their counterparts as well. Should we go to China, did you say? China. OK. Q: On Chinese fighter jet encounter, as you know, you know, J-11B, which is a Chinese jet fighter, intercept U.S. Navy place Poseidon in South China -- I forgot the date, but -- MS. PSAKI: Think it may have been Thursday or Friday. Q: Mmm hmm. MS. PSAKI: Friday. Q: OK. And United States has -- (inaudible) -- deep concern very strongly through diplomatic channels with Chinese. Could you explain more detail what kind of language did you -- did United States raise a concern to the Chinese? MS. PSAKI: What kind of language? Well, we raised -- both State and Department of Defense officials -- both expressed strong concerns to the Chinese about the unsafe and unprofessional intercept last week, which posed a risk to the safety and well-being of the air crews and was inconsistent with customary international law. We, again, as I noted, have relayed that through multiple channels and certainly strongly, given the level of our concern. I also think my counterpart over at DOD also spoke to this, and certainly, they would be the appropriate entity to read it out further. Q: And as we know well, the Chinese officials denied that -- they said that United -- that the U.S. aircraft intercepted. How do you respond to this? MS. PSAKI: I would think I would stand by the concerns we expressed and the statement made, my DOD counterpart. Q: At the same time -- yeah, no, one more thing -- (inaudible) -- according to the Pentagon official, they said, you know, this is not a first thing, you know -- first time. Same kind of, you know, dangerous situation has occurred from March to May through. But, you know, did United States made concerns known to China at that time before the -- MS. PSAKI: I think we've spoken to when we've addressed concerns -- when we have expressed concerns, whether it was the ADIZ -- obviously that's a slightly different issue, but -- about actions that China is taking. We express those to them through diplomatic channels and also publicly when we have them. Q: So the United States raised the concerns before -- (inaudible) -- March, May or April -- (inaudible)? MS. PSAKI: No, I was -- broadly speaking, there have been incidents, which I think my colleague was speaking to, not maybe identical to this, but that we have addressed and raised in the past about the importance of safety and security and -- with the Chinese and actions they've taken, and so we've raised them directly and we've spoken about them publicly on those occasions. I don't have any other expressions of concerns to read out for you. Go ahead in the back. Q: Jen, how can you justify the U.S. action, like, this is not provocative to Chinese? MS. PSAKI: Which specific action? Q: This specific (in-close ?) reconnaissance is not provocative to Chinese. MS. PSAKI: Well, I think our concern was about the Chinese intercepts and how closely it flew to our aircraft, so I'm not sure how that's provocative on our part. But maybe you can explain further. Q: Yeah, as you said, this is a routine patrol or -- China feel this is (in-close ?) reconnaissance, which is to spy Chinese maybe submarine or other military activities. So how can you justify this kind of routine patrol as not provocative to the Chinese side? MS. PSAKI: I don't think we viewed it as routine, and that's why we expressed the concern. Q: And the similar actions like this patrol or your military -- (in-close ?) surveillance activities, why this kind of activities is constructive to the U.S.-China military relations? MS. PSAKI: Well, I think it's important to note that obviously we work with China on a range of issues, and the secretary was there just a couple of months ago having an -- the S&ED meetings and talking about security issues and working together on them. When there are concerns, we express them, and that's a sign of strength in a relationship. And here, there was one by our military counterparts over at the Department of Defense. We expressed that through both State and DOD channels. It doesn't mean that we don't still work with China on a range of issues. We will continue to. Q: But how can this kind of actions help the trust, to build the trust between the two countries? MS. PSAKI: The kind of action -- Q: Surveillance. MS. PSAKI: Well, I'm not sure what you're referring to. Q: I'm referring to this (in-close ?) plane reconnaissance or surveillance in South China Sea, which is, like, around 200 miles close to Chinese territory. MS. PSAKI: I just am not going to speak to that. I will just convey that obviously this was a specific case where we had concerns about a step that was taken by China. We expressed them. It doesn't mean we can't move on with our relationship. We will, we do, and we have a range of issues we'll continue to work on -- (inaudible). Q: Will this incident change your plan or your military actions in that area in the future? MS. PSAKI: I would point you to my defense colleagues. Not that I'm aware of. Q: (Off mic) -- international waters. So the U.S. surveillance did not (any violate ?) the international law? MS. PSAKI: I don't have anything more to outline for you on this particular topic. But -- go ahead, Eliot (ph). Q: I wanted to go to a different topic -- (inaudible). MS. PSAKI: Sure. Ukraine? Q: Yeah, Ukraine. On the convoys, first, the one that had gone over the border had returned. Do you have any information on if that was actually, in fact, aid as the Russians claimed, or if there was any arms or any other kind of contraband being smuggled in? MS. PSAKI: We don't know what Russia brought into Ukraine, who it went to and what Russia took out of Ukraine. We do know that Russia sent in a convoy of well over 200 trucks without the permission of the Ukrainian government. We also know that Russia continues to fuel the conflict with weapons, training, personnel and material. It's also not clear that all the trucks and drivers departed. But in terms of those -- that level of specificity, we don't have that at this point in time. Q: OK. And then Foreign Minister Lavrov has announced that a second aid convoy would be heading to Ukraine in the coming days. Given what's happened over the weekend, do you have any -- what's your position on that? MS. PSAKI: Well, we are certainly concerned about Russian plans for a second aid convoy. Any new mission done without the explicit permission of Ukraine would not -- be another provocative measure that would only escalate a situation President Putin claims he wants to resolve. So you can't say one thing and do another and expect the international community to believe that there is legitimate or credible intention behind your words. So in this case certainly we'd be concerned about a second action. I know that in the statements we put out last week about the first convoy, we expressed the plans for consequences, and obviously those discussions continue to be ongoing. Q: Related to Russia, actually. The government of Japan confirmed today that Prime Minister is set to meet with President Putin sometime this fall. Does the U.S - does State Department have any objection to that meeting? MS. PSAKI: I would not say that we have any objections. We are in frequent contact with the government of Japan as well as our other G-7 partners, and we're cooperating closely with them. I think beyond that I would refer you to the government of Japan. I think they just announced this today about his plans for the meeting and intentions and goals for it as well. Do we have any more on Ukraine? Q: (Off mic.) MS. PSAKI: Let's just finish Ukraine. Q: On the convoy - MS. PSAKI: OK. Q: Now they were held up at the border for about two weeks. I don't know how long, maybe that long, and the Russians are accusing the Ukrainians of stalling, that they actually - you know, they only inspected something like 34 trucks or 25 trucks whatever it is, from the 200, and then they finally pushed through. So if there is some sort of a, you know, international body that can inspect these trucks, can see what - (inaudible) - will be they allowed in, accompanied by the Red Cross? MS. PSAKI: Well, I think, Said, I mean, we've consistently said that a system needs to be coordinated and delivered with the permission of the Ukrainian government. Obviously that wasn't the case here. So I'm not going to speculate on what future steps are. Certainly humanitarian assistance and aid is something we strongly support. But the context here and the owners of this assistance is incredibly important, given that, you know, this is a country that has continued to assist the separatists with the flow of weapons, with financing, with personnel, with material, and I think that context is one of the big reasons that gives us strong concern and certainly gives the Ukrainians concern. Q: So you would - you would - you know, you would accept the Ukrainians taking the trucks and taking it to that area of conflict that is not under the - their control? MS. PSAKI: Well, any assistance needs to be coordinated through the Red Cross, with the support of the Ukrainian government. I'm not going to outline from here for you what those circumstances, what those conditions would be. Go ahead, Scott. Q: Bahrain? MS. PSAKI: Mmm hmm. Q: Congressman Jim McGovern was denied entry to Bahrain late last week as part of a trip with Human Rights First. That obviously follows closely Mr. Malinowski's issues there. So do you have a view on that? Have you communicated with the government in Bahrain? Was the State Department involved in making the congressman's - you know, or helping arrange his travel? MS. PSAKI: Well, we have raised this issue with the government of Bahrain. For the specific details, I'd certainly refer you to Congressman McGovern's office. I believe they've been engaging with reporters on this. You know, our view is that the government of Bahrain has much to do in order to meet its own commitments to reform. It's unfortunate that they have not taken advantage of opportunities to hear from outside observers. There are steps that the government has taken in the right direction, including establishing an ombudsman office in the Ministry of Interior, re-establishing the National Institution on Human Rights, rescinding the National Security Agency's arrest capabilities, training police on human rights standards. But there are still remaining concerns we have: lack of accountability, for instance, of abuse by security forces, ongoing harassment and imprisonment of persons exercising their right to freedom of expression, continuing reports of ill-treatment and torture in detention facilities. And obviously there is more that they can do to show the international community that they want to keep taking steps forward when it comes to reform. On Assistant Secretary Malinowski, he has received an invitation to return to Bahrain. There's a trip that's currently being planned. I don't have details on that yet at this point in time. Q: Is it your view that some of those steps that Bahrain could make that would be useful would be allowing members of Congress, like Representative McGovern, to visit and meet with the civil society groups that he and the Human Rights First delegation were planning to - MS. PSAKI: Certainly allowing international observers in to see some of the progress that's been made and certainly discuss their plans for reform is an important component of what they can do to show the international community that they are serious about moving forward. I don't have all of these circumstances of Congressman McGovern's trip and how far down the line it was planned, and so I would encourage you to ask them about those specifics. Q: Are you upset that a small country -- that the United States basically protects and keeps a huge naval base in that country and gives it cover, that actually it (snuf ?) or thumb its nose at the United States, especially not allowing, you know, members of Congress or, you know, other people to go in and look at and meet with whomever they want to meet? MS. PSAKI: Well, Said, I think we expressed clearly at the time when Assistant Secretary Malinowski returned what our views were on that, and we will have those conversations through private diplomatic channels. He has been invited back to visit the country. We'll plan a trip for him to do that. And beyond that, they remain an important partner. It doesn't mean we don't have concerns, as I just expressed, where they need to take more steps to put more reforms in place. Lucas? Q: Jen, is there any update on bringing the killer of James Foley to justice? MS. PSAKI: I don't have any updates. Obviously, our U.K. partners would, of course, be the appropriate entity that would probably speak to that. I'm sure you saw this yesterday that the ambassador did speak yesterday about these efforts, but we're not exactly -- we're not in a position yet to say exactly who the man in the video is yet. We're actively, of course, working with our British counterparts on that. Q: Do you have a pretty good feeling that the killer's been identified? MS. PSAKI: I'm just not in a position to lay out any more details for you. (Inaudible) -- go ahead. Q: One more on Syria. MS. PSAKI: Sure. Q: When you said today that you are not aware of other Americans held by al-Nusra Front, so it means that -- I mean, it could be -- I mean, there could be Americans held by ISIS or the Syrian regime, correct? MS. PSAKI: Correct. Q: OK. So do you have any update on the Mr. Tice? MS. PSAKI: I do not have an update on him. Obviously, his safety, well-being, his return to his family is at the top of our minds, and it's a case that we continue to work on, just as we have been working on many of these other cases over the course of the last couple of years. And when I -- when I mentioned the outrage the secretary and other senior members of the administration have done to -- about two dozen countries that is included questions about assistance and seeking the return of all of the Americans who are being held in Syria. Q: Jen, does freeing Mr. Curtis change your view of al-Nusra? I mean, there are -- ISIS kill hostages, Nusra doesn't. Nusra frees them or -- MS. PSAKI: I always like a -- it was multi-media going on at one point. I -- al-Nusra remains a designated foreign terrorist organization. They have been guilty of horrific acts against a range of individuals. Our concerns about that have not changed. There are different organizations than ISIL, and the reason it's important to point that out -- one of the reasons, I should say -- is that there aren't other Americans that we're aware of that are being held by al-Nusra, so we wanted to make sure that point was made. Q: Yes, but does this change your perception of it? Would you be more sensitive -- MS. PSAKI: I think I just stated they're a foreign terrorist organization and we have remaining concerns about the horrific actions that they've taken. Ally (sp), go ahead. Q: My question's on a much lighter note. MS. PSAKI: OK. Q: The British embassy in the U.S. apologized over Twitter for its tweets sort of commemorating the 200th anniversary of the burning of the White House. I just wanted to know if the State Department accepts this apology and if you have any further comment on it. MS. PSAKI: Well, I would note a couple of things. One, this was a lighthearted get-together. We have an important, an inviting relationship with the United Kingdom. Perhaps those who are concerned about it didn't understand British humor which, I think, is what they have stated. But I certainly don't -- we don't take any offense to it. And I would also note that the president himself has made lighthearted comments about the War of 1812 -- little do we discuss that in here; that's too bad -- and the progress of the relationship since then. Q: Which happened -- let's go back to the -- Q: (Off mic.) MS. PSAKI: There you go. Oh, look. Said the historian. Go ahead. Q: Not to ruin the lighthearted -- (laughter) -- but I wanted to go back to the China for just a second. MS. PSAKI: Sure. Q: There are some reports that (Chinese ?) officials who are concerned that the pilots involved in these kind of incidents may be, quote, "going rogue" or may not be under the control of their commanders. Is that a concern that you're aware of? MS. PSAKI: Elliot, I'd point you to the Department of Defense or other administration officials on that. I can check if there's more we can say on that. That's not a concern I've been made aware of. Q: OK. And then just to clarify on an earlier question. The -- in response to the Chinese statement that the -- these kinds of incidents are being caused by excessive U.S. surveillance flights in the region, what would be your direct response to that? MS. PSAKI: I would say that we would disagree with that. We operate in a transparent manner and we make other countries, including China, aware of our plans. This is a case where we were concerned about, as my colleagues at the Department of Defense outlined, the proximity and the lack of transparency that took place in this case, and that's why we expressed concerns through multiple channels. Q: When you say made them aware of your plans, are you -- do you notify the Chinese when you plan specific surveillance flights or -- MS. PSAKI: I was referring, broadly speaking, to our engagement in the -- in the -- in the zone, in the air zone. Q: OK, fair enough. Q: Is this action included -- is this action included -- have you notified China? MS. PSAKI: I'm just not going to have any more details on this particular topic. Go ahead. Q: And finally -- MS. PSAKI: We're going to move on. Go ahead. Q: I was asking if you notified the -- MS. PSAKI: I don't have anything more. Q: Have you notified -- MS. PSAKI: If there's more to share with all of, I will make it available. Go ahead. Q: Is it OK for China to send their fighter jets to Hawaii transparently? Is it OK with you? MS. PSAKI: I'm just not going to speculate on steps that are taken. This was a specific incident we expressed concerns about. We expressed them directly to the Chinese. I think I'm going to leave it at that. Go ahead in the back. Q: Can I move on to Japan, please? MS. PSAKI: Sure. Q: Last Saturday there was a rally against Futenma relocation in front of Marine Corps Air Base Camp Schwab, and three-dozen people, including local mayor, attended the rally. And they actually plan to do bigger one and consistently later. Then on the other hand, there was a latest poll by a local newspaper and TV, and that says 80,000 of the people in Okinawa are opposed to the current relocation plan and 15 percent support. And actually, this increased 7 points since the government of Japan started the -- drew a survey toward the construction. So my questions are, how do you respond to these polls or, like, movements? And another question is, so -- I understand that the State Department already said it is pleased that the survey has started, but so -- but I'm wondering if the new -- I mean, the FRF, Futenma Replacement Facility, will be constructed. Do you think it is going to be politically sustainable in local? MS. PSAKI: Well, my colleagues at the Department of Defense really have the lead on this, but the progress that's been made is really the result of meaningful, sustained work between the United States and Japan. The relocation, as you know from the history, was -- there are steps that will be beneficial, including reducing our footprint in the most populated part of Okinawa, enabling the return of significant land back to the people of Okinawa while sustaining U.S. military capabilities vital to the alliance. So those are of course some of the reasons I'm sure that you're familiar with. In terms of the politics in Japan, I'm going to let the government of Japan speak to that. I'm not going to speculate on that. Lucas, go ahead. Q: (Off mic) -- Libya? MS. PSAKI: Sure. Q: Since the briefing started, sources have confirmed that the UAE was involved in the airstrikes in Libya, and I was just going to ask, do you support those kind of strikes against Islamist militants in Libya? MS. PSAKI: I'm just not going to have anything more to add on this particular topic. Q: But is there any difference in the UAE striking Islamist militants in Libya and the United States, for example, attacking Taliban forces in Afghanistan? MS. PSAKI: Every circumstance is different, Lucas. If there's more to say on this, we will make it available to all of you. Go ahead. Q: How do you sort of who's who in Libya, because apparently, you know, some reports are saying that Qatar is actually bombing certain people and then UAE is bombing the opposite, and so on. Have you sorted out all this? MS. PSAKI: I'm just not in a position to lay out any more details for you. Do we have any -- go ahead, in the back. Q: Still staying on Libya, has anyone in the administration been in touch with General Haftar in connection with the airstrikes that have been taking place? MS. PSAKI: Not that I'm aware of. All right. Thanks, everyone.
AHMAUD ARBERY MURDER TRIAL BRUNSWICK GA CAM 3 POOL 11052021 1300
COURTROOM FTG OF THE TRIAL IN THE AHMAUD ARBERY CASE / TRAVIS MCMICHAEL, GREGORY MCMICHAEL AND WILLIAM RODDIE BRYAN ARE CHARGED WITH THE MURDER OF AHMAUD ARBERY / CAM 3 ARBERY DEFENSE OPENING.wav Bob Rubin [13:27:58] Good afternoon. For those of you who may not remember from two weeks ago or whom I never met, my name is Bob Rubin. And along with Jason Sheffield, who I think you all met to represent Travis McMichael. This case is about duty and responsibility. Bob Rubin [13:28:25] I didn't want to interrupt you, I try to get your co-counsel, but if you could get that close to, you may wonder if we can try to get close to the microphone for the court reporter. Bob Rubin [13:28:33] Yes, sir. It's about Travis McMichaels duty and responsibility to himself. To his family and to his neighborhood. And it's about your duty and responsibility as jurors. The state talked about actions based on assumptions, I'm going to talk about facts. Facts in this case. Travis McMichael is 35 years old. He's single, and he has a five year old son named Everett from 2007 until 2016. Travis McMichael was in the United States Coast Guard. He was a boarding officer in the Coast Guard, which means he was authorized to make arrests. [13:29:35] He was authorized to do investigations. He was authorized to do searches. He was authorized to use his weapon when appropriate. In order to become a boarding officer, he attended Fleksy in Charleston, the federal law enforcement training center. Y'all know that acronym. At Fleksy, he took the training that allowed him to do the law enforcement activities that he did for 10 years or nine years. He learned how to do searches and seizures. He learned what probable cause was a legal term that you'll hear more about. He learned how to use firearms in a safe, effective way. He learned how to use force in compliance with his training. The training he had was not just classroom training at Fleksy. It is scenario based training. It is repetitive training so that if you're ever in a real life situation where you need to make use of force decisions, you're relying, not just thinking back, you're relying on muscle memory because those split seconds are often the difference between life and death. [13:31:18] But not only did Travis McMichael get training at Fleksy in all of these law enforcement activities, searches and seizures investigations report writing, use of firearms, use of force, decision making. But every year he was in the Coast Guard, he had additional training and every year in the Coast Guard when he became. Efficient enough. He then became a trainer of the trainees he was training, the trainers, he was training his fellow Coast Guardsmen on the law enforcement activities on how to be a boarding officer. After he left the Coast Guard and in 2020, Travis was working for Metz and Marine as a coxswain. He's working at the naval base, moving boats around. [13:32:19] He was living at home with his mom, Lee, and his father, Greg, his sister Lindsey, and his son, Everett, who was then three years old. He was living at home because the apartment he was living in previously had been sold by his landlord, so he needed to live back at home, save some money so he could go back out on his own again. He was living, as the state told you earlier in still a source. This is a low-tech map of the Taylor shores because I don't trust PowerPoint. You'll see a PowerPoint, but I don't trust them. So this is a regular map of a Google Earth map. Highway 17 up here. Still a drive here to 30 still drive. [13:33:12] Just to acclimate you, this is Jones Road, and I know it's hard, it's hard for all jurors maybe to see this, but you'll see this many times throughout the case and we'll talk more about the rest of it. But he lived on satellite until a drive in satellite shores. So, Tila Shores is a quiet, scenic middle class neighborhood, the kind of neighborhood where parents let the kids ride around on their bikes, the kind of neighborhood where, when you're my age, go for a walk after dinner. The kind of neighborhood that we all kind of aspire to live in, it's safe, it's beautiful. You work in the yard, you play on the river. This is the family and community that Travis McMichael felt a duty and responsibility to during the course of events in 2019 and 2020. [13:34:20] This is the family and community that made him willing to put himself at risk to help the police detain a mod Arbery. The video that you watched probably five times in the state's opening statement doesn't even begin to tell the story in this case. It's like looking through that knot hole in the fence and thinking you see the whole baseball field and you really only see the outfield. The case really begins months before in 2019, because satellite assures was a neighborhood on edge crime had gone up. It wasn't violent crime, it was property crimes, the kind of crimes that are unsettling, the kind of crimes that are scary because you don't know who's coming on to your property, who's in your car ransacking it, who's breaking into your buildings, who's stealing your lawnmowers or your guns. [13:35:31] And so the neighborhood was on edge. So much so that behaviors began to change by the neighbors, kids were not allowed some kids to play outside after dark. Residents of Seattle assures installed home surveillance cameras to catch the thieves that were taking their property, and neighbors instill assures felt a duty and responsibility to each other to post on the neighborhood pages. Facebook and next door about the crime that was happening, and you'll hear about that. The types of posts that you saw on these pages includes this is ridiculous. My daughter always freaks out. It's getting old. I'm nervous. Lock your cars. [13:36:34] These are actual posts from those that neighborhood Facebook page. As a result of this uptick in crime of people being on edge, people were alert to suspicious behavior. In July of 2019, Travis McMichael and Greg McMichael were alert to suspicious behavior long before ever encountering a Mod Arbery. In July of 2019, Travis McMichael, who was at that point running a little charter boat, taking people out tourists out on the river in the marshes was on his boat with some gas when he went under the Fancy Bluffs bridge that you heard about earlier. [13:37:26] There he saw a homeless man who had lots of stuff around him in a tarp stuff, the kind of stuff that made Travis look twice and may Travis feel suspicious that maybe this was the guy who was taking the stuff out of our neighborhood. So he dropped off. His guests eventually went home, got in the car with his father, Greg, and they drove to the area under the Fancy Bluffs bridge. There they saw the man, and what you see up here is the car basically what's called a CAD report. It's basically a report made of Greg McMichaels 9-1-1 call to the Glen County police to say, Hey, basically there's a guy under the bridge we think is responsible. Could you please investigate? And the police, did they send an officer out there Speaker 3 [13:38:25] and Bob Rubin [13:38:26] really nothing of note was found and the investigation ended? But the break ins the theft didn't end, especially for a man named Larry English for Mr English, who was only beginning Larry English, as you heard, lives in Douglas, Georgia. He was so excited to have a weekend home. Instill a assures on this beautiful little santillo river. He built a home. He was going to use it for weekends and vacations with his wife, Amy, his daughter Laura, his son Hoyts. And so it took time, delays and all that with contractors and himself having issues with health. But he started building a home in Seattle, assures for use as a vacation. Place a getaway. He built a dock. Bob Rubin [13:39:30] His home is Bob Rubin [13:39:33] where the dock on the river. He had a boat on a hoist at the dock and he had a large offshore boat in his RV garage in that garage, Bob Rubin [13:39:46] and I promised not to touch the screen. Bob Rubin [13:39:50] Is this large garage, but that's where he kept. It's called RV a garage, but it's really a boat garage from Mr English. Eventually, because of some advice from his neighbor, Kenny Wade, who lived next door, he installed a camera at the dock and one on the back of his house, which you can't see from this photo. He was concerned about liability because kids were playing out there and they were, you know, they would take his scraps of wood. They would hang out by the dock. But he was also concerned about theft because he had valuables at his house. He had two boats, sometimes three boats, and he parked his camper on the property. [13:40:34] You can't see in the picture, but you'll see eventually his camper that he stayed in, sometimes alone, sometimes with his wife and kids when they came to the house, either to work on it or to play at it. So he was concerned about all of this when he installed those cameras. Over the course of the next three four months. He saw on his cameras at night a Mod Arbery four times. The first time, and this is the first time his camera alerted and at all was October 25th, 2019. Now remember he's in Douglas, Georgia. He has a cell phone. When his camera spots somebody, he gets an alert on his cell phone. This is a photograph of a model, Aubrey, on his dock. October 25th, 2019, he gets this alert. [13:41:44] He sees this man. He calls Glenn County Police Department can't call 9-1-1 because no one would go to Douglas police, but he calls the 911 number for Glynn County Police. And he's scary, and he's concerned. What is this guy doing at my house at night? There is no legitimate reason, according to Mr English, for this man to be at his house where his boats are stored, where his camper is, is parked at night and he calls the police. He's concerned not only for his stuff, but he's concerned for his family because what if Amy was there at the camper alone? [13:42:36] What if his daughter Laura was there sleeping there that night and she walks outside and bumps into this intruder and he gets scared and he panics and she panics, and something really, really awful happens. These are the thoughts that went through Larry English, his mind. When he sees this intruder in his house on October 25th, 2019, he calls back Glenn County a second time after this initial call. Bob Rubin [13:43:07] Go back a little bit, OK? Bob Rubin [13:43:11] Because he calls the police to tell them that the man who is on the dock. And he describes them as plundering around, describes his tattoos, describes his hair twists. The man who was in his house plundering around has now gone across the street towards his other neighbor's house. He describes it as a, I think, whitish yellowish house. It's Subi Lawrence's house. It's a neighbor. He knows Subic as a single mom. She's a mother of three boys. [13:43:48] The boys who play outside and ride their bikes in and steal Larry English scraps of wood for their skateboard ramp are there for it, for whatever they're doing. This is who Mr English sees and who he's concerned about, and he wants the police to to to confront this man and tell him, don't come back. You don't see him take anything. Remember, he's only got cameras on the back of the house right now. One camera back in the house, one camera at the dock. He wants him removed by the time police come, and I think it's Officer Rash who responds that first time. Robert Rash and you'll hear from Officer Rash. No sign of Mr Arbery. [13:44:36] Man, we later find out as a mob of Arbery. No sign. Now he's OK with curiosity seekers coming to his house. We've all done it. You see a house under construction. It looks kind of interesting. What's what are the neighbors building? What are they adding on? What's the staircase going to look like? He's OK with all that. He's OK with the kids coming in during the daytime, taking the scraps of wood. It didn't matter to him. What concerns him was there is no reason that's legitimate to be there at night. And that's why he calls the police. Sometime after October 25th, Mr English is on a ladder in his RV garage, looks in his offshore boat and realizes his satellite system, his yeti cooler and his microphone system are gone, taken out of the boat. He doesn't know who did it. He does know the HVAC guys were in that area, installing some of the some of the nut pipes, some of the system in there. He also knows the black male from October 25th was in there, and so he's suspicious. But what can he do? [13:46:09] The next alert on his phone is November 17th. OK. November 17th, a white couple comes on this property at night, 10 o'clock at night. They park out by the porta potty that you saw in the earlier picture. The man has his belt unbuckled. Odd comes in the house and he calls 9-1-1. And he says about a week and a half to two weeks ago, I had my stuff stolen. This is now November 17th week and a half two weeks ago is pretty close to October 25th. I've had my stuff stolen there in the same area, they're they're they're going around where the RV, where the boat is in the RV garage, please send an officer out. Officers go out. The couple is gone. They see nothing. Mr English is upset and he's frustrated. [13:47:17] He has valuable stored at the house. Stuff has been stolen. Now, two people have been seen on his cameras three people, two white people and a black male. And so the next morning, November 18th, he goes and he gets his boat and he hauls it away. Figures. I just can't keep valuables in this house that's open, but is owned by him with his valuables. And so he takes the boat away. That very night, November 18th. He sees the same black male he saw on October 25th. The man we now know is a Mod Arbery. He's back again. He's seen around the boat, not the big offshore boat, but the other boats. And according to Mr English, he's plundering around again. He calls Glen County Police again. Glen County Police arrive again and again. Mr. Arbery gets away without being confronted by the police. And Mr English is frustrated. Bob Rubin [13:48:42] Of course. Bob Rubin [13:48:45] He's so frustrated that the very next day, November 19th. These are all out of order. And this is why we don't use technology. All right. November 18, 2019. This is the night he sees a moderate for the second time. There's somebody back on the property again tonight, black man not wearing a shirt in late November. Got tattoos on his arms and a pair of light colored shorts. He's wandering in the carport, looking in the boat, not the offshore boat, the smaller boat, the same guy that was here about a week and a half two weeks ago. The date night before he's calling police, saying my stuff was stolen a week and a half, two weeks Bob Rubin [13:49:34] before Bob Rubin [13:49:36] he kind of looks like he's up to no good. He's on three different people's cameras in the neighborhood. This is Larry English's 9-1-1 call on November 18, 2019. November 19th, the very next day, he has an exchange through text message with his two doors down neighbor Diego Perez. Diego Perez is another person who believes it's his duty and responsibility to look out not just for himself, but for his neighbors. And so Diego has this conversation with Larry English. This is a printout from an extraction from Larry English's phone. [13:50:23] So and you'll see this in evidence and it's out of order the way it's printed out. So I'm going to kind of walk you through it because the first exchange is from Larry English. He sends Diego Perez clips of the videos from the white couple on the 17th of November and the black male on the 18th of November. And he says to Diego Perez, who he just knows, as Diego still assures, that's how he's in his phone. They're not friends. They're just neighbors. Good neighbors. And he says to Diego, Have you seen these people in the neighborhood? Diego says, No, sir, I can't say I've ever seen them in the neighborhood, but I'll keep an eye out. [13:51:04] I can respond in mere seconds because he's only two doors down. With your permission, Larry English says, you have my permission. And Diego says I may be able to intercept them or pen them up for the police. I may be able to intercept them or pen them up for the police. Diego Perez is taking it upon himself. If he can to perform a citizen's arrest, I'm going to hold them until the police come. And Larry English's response to that? Thank you. Because seconds count, Diego Perez knows that Larry English now knows it because three times he's tried to catch his intruders and three times he's failed because the police just get there too late. As Diego Perez artfully put it, when seconds count, the police are minutes away. And so he needs the help of Diego Perez and other neighbors. Officer Rash, who responds to these calls, he canvasses the neighborhood, he's trying to catch this guy. [13:52:35] And so he canvasses the neighborhood using stills from the video, have you seen this guy? Do you know him? Can you help me help Larry English? And no one knows. He's not jogging in the neighborhood. No one's ever seen him. The only time we see a Arbery in satellite shores is at night on these cameras. And remember, people have cameras in the neighborhood. If he was in there jogging in the daytime, you would see evidence of that. So November 19th, Diego Perez helps offers to help office, Arash canvasses the neighborhood. He's still a mystery. He is, at this point, a scary mystery because he's plundering around Larry English's house and now everybody knows it. Officer Rash has canvased the neighborhood. Larry English is talking to neighbors like Matt Al Benzie, like sub Lawrence, like his neighbor Diego and his wife, Brooke Perez. It's being posted on Facebook on the neighborhood Facebook page. Word is out, that stuff was stolen from Larry English's house. [13:54:06] Parked in his RV garage. Now I want to be clear. In May. After Travis McMichael was arrested, Larry English realizes he doesn't really know when the stuff was stolen. It was back in Douglas. It was in the House on satellite drive. But what he was telling people in October, November, December, January, February 2020 is that this stuff was taken out of my boat, parked at my house on satellite drive. That's what the neighbors knew from Larry English and Officer Rash. He's back at the House, a Arbery on December 17th. This is now the third time seen on camera at Larry English's House. He's at night. He has no legitimate reason for being there. And remember, although you're seeing him through infrared cameras, it is pitch black in that house. There is no light. There's no lights on. [13:55:21] There's no light switch, no light bulbs. It is pitch dark. And on December 17th, the Aubrey is seen plundering around again, again in the area where the boats were located in that RV garage. Police are not called that night. There is no 9-1-1 call. Larry English can't remember why he didn't call police. He may have been sick and not seen this video until much later. And you saw the clip of the video with Ahmad Aubrey walking outside the house, looking around again and taking off into the neighborhood. And the question remains, was he out for a jog ten o'clock at night, December 17th? Or was he doing something else? And we'll never know. But it sure does look suspicious. [13:56:28] The next time he's seen in Larry English's House. It's February 11th, 2020. This is now the fourth time in the House. But this time is different, because this time it's not Larry English who calls the police. It's Travis McMichael. The state got the facts a little bit wrong. So let me correct them, Travis McMichael was going out that night about 7:30 at night. It's dark to get gas fill up his car before the next day. He had to be at work early, so he was just going to fill up his car that night so he wouldn't have to wake up so early in the morning, the next day on his way up the street and Bob Rubin [13:57:24] he's at two 30 to tell them This is the exit up here. This just English house, Bob Rubin [13:57:29] as he gets up here, he sees a figure dart across the street and this figure now he realizes it's a man is lurking in the shadows 25 to 30 feet. From the street, kind of staying in the shadows very furtively catches Travis's attention. He has no idea who this is. He's never met Amad Arbery. But he sees this guy and he sees this guy kind of running across the lawn. It's really that initially the house next door, kind of a Spanish style house, he runs across the yard and he hides behind that red porta potty that you saw in that photograph. [13:58:12] I was like, This is not good. We know about a guy intruding and Larry English's house, and he stops his car and he kind of aims his headlights at the porta potty. And knowing there is no legitimate reason for this man to be there, he starts to get out of his car to ask them why he's there. Well, this guy steps out from the porta potty. And he reaches with his left hand, I believe, into his waist. As if reaching for a weapon. Scares the heck out of Travis. He sees this he's he's trying to get out, gets in his car, puts it in reverse stalls because he's so startled. Eventually backs up and gets home where he calls 9-1-1. And this is what he says. This is the 911 call, we're going to play the whole thing because it's too long. Bob Rubin [13:59:15] Yeah, now see, that's here in my hand. If it was around 2:30, would you that we're going to be there forever? Would our neighborhood? And I just told them, what an insurance salesman bill you have to pay. But if you took it into their house and they do it by the black male shirt and shorts. And you saw that. But now let me get you in. What's been happening here? Travis McMichael, 43, for 37. All right. Where are you at out? On the street, off the street? My job to help you answer. There's another way for you to let someone who you never see your okay. And I don't mean to interrupt you, but I always said if they ran into the house, so I don't know if he's on or not. I do that like he was so well. You know my. We're talking anyway. Junta, who believes that if Bob Rubin [14:01:21] he goes on to say later on as about three or four minutes later, so we don't need to waste your time as we've been having a lot of burglaries and break ins around here lately. So now here we are, this guy who has seen Travis see him. And seen Travis drive away. Still has the audacity, the brazenness to go into the English house. Travis's home calling 9-1-1. Greg McMichael overhears and he starts going up to the English house and he's got his firearm with him and Travis's, whoa, whoa, Bob Rubin [14:02:06] whoa, Bob Rubin [14:02:07] slow down. Turns out Travis ends up going up there with him and Travis has his firearm. Diego Perez, who by now has been alerted by Larry English with his video clips. He goes out there. He's armed. These neighbors are going to Larry English's house, not because it's fun at eight o'clock at night in February and still assures that because it's their duty and responsibility to each other, to protect each other, to do what they can to help the police stop the guy who's plundering around. Breaking into Larry English's house. Officer Rash gets called, they are all out. Officer Rash to other officers. Diego Perez, Greg McMichael, Travis McMichael all out trying to find the guy. Amadou Arbery, who's now for the fourth time in Larry English's house. After Ash appreciates the help. He never tells Greg McMichael, Travis McMichael or Diego Perez, Hey, guys, let the police handle this. We got this no problem. [14:03:27] You guys go home. He never tells them, Hey, put those guns away. We don't need guns out here. Don't carry guns around. He doesn't say that. He doesn't say, No, you guys cannot stop and detain this guy if you catch them. That's a police job because it is a citizen's job. To help the police and the law authorizes that. He tells Greg McMichael and Travis McMichael that Larry English says nothing was stolen, but these guys know stuff was stolen. [14:04:07] Everybody knows it. Larry Inglis has already told everybody to be Matt, Diego, Brooke and that Beasley. Ronnie Olson rash has been around. We all know it. Stuff has been stolen. So now here we are. Here are facts, not assumptions. Travis McMichael has now seen a moderate face to face for the first time. In Larry at Larry King's House and then in Larry King's His House, he's had a firsthand encounter. He knows that Amanda Aubrey has been lurking around that house for no legitimate reason, not authorized to be there. [14:04:49] He's not working on the house, not doing anything but plundering around the house. He knows stuff has been stolen. It's not. It's probably the paper. These things have a mind of their own sort to make sure he knows stuff has been stolen because Larry English has told everybody that. He knows this guy has the audacity to go in the House despite knowing people are around and watching him. He knows he's possibly armed because he made that move to his left hand pocket waist. He has probable cause to believe a burglary has been committed. [14:05:37] What is burglary? Let's go back one slide burglary is entering a dwelling, whether occupied or not. The fact that it's open without doors means nothing. It's any dwelling, any building structure, whether occupied or not, without authority with the intent to commit a felony or theft. You don't actually to commit a burglary have to take anything. It is the intent to take something or to commit another felony that makes it a burglary. Travis McMichael has probable cause based on his training of what probable cause is to believe Amad Arbery is a burglar. Probable cause. What does it mean? It is the level of suspicion. Bob Rubin [14:06:35] At this point in time, this is. Bob Rubin [14:06:41] I have an objection at this point in time to this being the law and the law is going to come from the court and this has not been. How about after I put this approved on any level Bob Rubin [14:06:50] by the court? Well, let me make it clear this is what Travis McMichael understood from his training was the definition of probable cause. Bob Rubin [14:06:58] OK, so Bob Rubin [14:06:58] the N-word, Bob Rubin [14:06:58] for sure. Ladies and gentlemen, as I indicated to you, the court will actually charge you on the law during the presentation here. The representation is made on what the law is. Again, the court you will you will receive that from the court. You will not be receiving that from counsel. So if we could please couch the argument in those terms? Yes, sir. Bob Rubin [14:07:20] And this is not what I understand. Probable cause to be. This is what Travis McMichael, from his 10 years in the Coast Guard, understands probable cause to be the level of suspicion that would cause a reasonable and prudent person to believe that a crime has been committed under the totality of the circumstances. That's it. It's a level of suspicion that you would need under the totality of the circumstances to believe that a crime was committed. [14:07:57] That's where Travis McMichael sat. As of February 11th, 2020. The next time we see a model, Aubrey in Seattle assures his February 23rd. It's a beautiful day, kind of a warm February day in Brunswick. Travis McMichael around midday around one o'clock is on the couch in his living room, trying to get Everett to take a nap. Three year old son so he's doing the strategies that parents do. He has Everett. Every other week, he shares custody with Abbott's mom. On this Sunday, he's trying to get Everett to go to sleep. [14:08:46] Greg is in the front yard in the driveway, upholstery posturing, his boat cushions. It is a pleasant, uneventful Sunday morning leading into Sunday afternoon. While they're doing that and Mod Arbery is walking into the neighborhood, not jogging. Not running. Walking into the neighborhood, walking into Larry English's front yard. Where he stands there, and this is the view from Ronnie Olson's house across the street where he stands there, looks around. And walks into the house. While he's doing that, Matt Albanese is in his yard. Dow Jones is down here. You can see directly into Larry English, his yard. He is aware of the break ins in the larynx, his house. He is aware of the items stolen from Larry English, but he's out splitting logs. Tree had fallen in his yard, so he's breaking up the tree. He sees this guy that looks like the guy from the video clips. [14:10:05] Fact is, the guy from the video clips walking into Larry King's His House. He grabs his gun, puts in his pocket, grabs his cell phone, walks down Jones to an oak tree. This. Across the street from Larynx, his house, and he calls 9-1-1 while he's calling 9-1-1. He sees a man, Aubrey, through the windows in larynx, his house. He doesn't know what he's doing in there, but he knows this guy has been there at night four times prior. He knows stuff is stolen. So he's calling the police. He makes he believes, eye contact with the mod Aubrey. The next thing he sees is a Mod Arbery sprint out of that house. He is not jogging. He is running away into the neighborhood, possibly armed. Based on prior experience. He is sprinting at what turns out to be about a six minute mile, it's fast and he's got long strides. [14:11:31] That view is from Diego Perez's surveillance camera. He runs right past Greg McMichaels Yard. Greg McMichael sees him. Greg McMichael is aware of the things that have happened that we've talked about. Greg McMichael sees him tearing, hauling ass down the road, and he knows what's up. And he goes inside and he tells Travis Travis, the guy the guy is running down the street, the guy they know who it is. And I'm guessing it's not some random guy running down the street. It's the guy and they turn out to be right. [14:12:10] It is the guy, the same guy. Four previous times at night, they grabbed their guns. Now, why did Travis McMichael grab a shotgun? Because 12 days earlier, he confronts this guy trying to help Larry English and this guy reaches into his pocket like he has a gun, so he grabs his shotgun for self-protection. And he gets in the car and he walks out in the yard, actually, and he sees Matt Albanese Bob Rubin [14:12:46] motioning down the street Bob Rubin [14:12:49] same direction of Matt Arbery was running. It gets in the car. Dad gets in in the I'm sorry, I say car. It's a truck Ford F-150 and climbs into the car seat because when seconds count, the police are often minutes away. The police are not going to catch this guy at the speed he's running. So they're going to try to detain him for the police. What happens after that? It's up to the police. So they encounter a Modbury. On Burford, the first encounter is at three a.m. Burford. This is what it looks like. You saw the video of Let's, let's go back to their. They're there to detain a Mod Arbery for the police, this is what the law allows. A private person may arrest an offender if the offenses committed in his presence or immediate knowledge. And that applies to felonies or misdemeanors. But there's a second sentence the state didn't tell you about Bob Rubin [14:14:10] the Bob Rubin [14:14:10] second sentences. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion. That's why Travis McMichael and Greg McMichael sought to detain him, Arbery. There was no crime committed in their presence. We're not contending there was a crime committed in their presence, but there was probable cause to believe a felony had been committed. [14:14:45] And that this man was attempting to escape or flee. That's why citizen's arrest is in this case. There are three encounters with a Aubrey on Burford. The first one is in front of Brian's House, where you are, Brian. I shouldn't calm Roddy. I don't know. Mr Bryant's house. Travis McMichael pulls up alongside the Model Arbery. To stop. Whoa, I want to talk to you. What were you doing back there? What's going on? And I'm not, Ari says zero. He don't say, Hey man, I'm just out for a jog. He don't say, Hey, leave me alone. He doesn't say back off. He doesn't say, Hey, come, don't say anything. He just looks at Travis and he goes back the other way. [14:15:43] Travis backs his truck up, says, Whoa, whoa, whoa, stop and talk to you. Matt Aubrey looks at him and Bolts doesn't say anything, doesn't say, leave me alone and say, Hey, good morning. Good afternoon. He just bolts. At this time, there is no gun. The shotgun that Travis Scott is is stuck between the seats. Greg's gun is on his holster. There's no gun being pointed at Mr. Arbery. There's no like, Hey, stop at the point of a pistol or a shotgun. There's no gun, Mr. Arby's not even aware of any gun. That point because no gun has been shown. They go down, Burford, they pull up to him again in Burford, by the way. Still, the drive Bob Rubin [14:16:36] turns kind of a little jog turns into the go down Burford Bob Rubin [14:16:40] a little ways more. Whoa, stop. We want to talk to you. Stop the we called the police. Police are coming. When Mr. Arbery hears Travis McMichael say, we call the police, police are coming. He bolts back the other way towards Ronnie Bryant's house back towards Satel Drive. They stopped the truck, put it in park. Greg McMichael does get out and he gets in the bed because he's cramped into the child seat. Tasman Michael gets out and he looks down the road Bob Rubin [14:17:20] like, what the heck? Want to talk to this guy? Just in Bob Rubin [14:17:26] suspect, coming out of English is how he sees Albanese Benzie moving. We know it's the guy from the night 12 days before he's back again. And he looks down the street and he sees a mob, Arbery trying to get into Roddy O'Brien's truck to Mr Bryan's truck. He's interacting with the truck and he doesn't know who that Black Silverado truck it belongs to. He doesn't know Roddy Brian. He's never met him. He doesn't know his truck. [14:18:00] So he sees this black Silverado, and he sees them out trying to get in it. And he expects to hear a gunshot because he thinks the model is armed. Like he pretended to be on the 11th. And he's fearful that this guy whose name he doesn't know will try to shoot the owner of the truck and take the truck. And so that scares him. This attacking the truck worrisome his dad, says, Travis, go back, go back. Says No Dad, just go around and go around Zeller Wood, you've heard the name. There was no further down here. I see this interaction back here. Bob Rubin [14:18:39] They didn't go around Zewe, you know, and take a left on homes. Bob Rubin [14:18:45] Now they don't know where either the Black Silverado is or what that has to do with anything or where Amad Arbery is. So going down is going down. Holmes is not with the intention Bob Rubin [14:18:58] of Bob Rubin [14:18:59] trapping Arbery. It's with the intention of strategically planting yourself so you can kind of help the police see the neighborhood as they go down Holmes drive at a slow rate. They see a mad Arbery running in front of the truck. Travis McMichael drives past him, doesn't say anything to him. Arbery doesn't shout at him, just kind of drives past them watching to see what this guy is going to do. Again, no gun, no shotgun, no pistol is brandished, pointed in any way shown to Mr. Arbery. Three times on before they encountered Mr. Arbery. Now, once on homes, no gun. They go down to the bottom of homes Bob Rubin [14:19:54] towards the stop sign Bob Rubin [14:19:56] and stop the car. They don't know where Mr. Arbery is at this point because he's around a dog lake. That's the picture of Holmes Drive looking up at from Travis McMichaels Vantage. And you can see where the road kind of dog legs to the right and past that dog, like you can't see what's happening. But at that point, Travis McMichael can now strategically see Sotelo drive his road where his family is located. Burford and Holmes. So if the police get there, which he thinks they're coming any minute, he can tell them, I don't see him in these directions. He's that way where I do see him and he's in one of these streets. [14:20:44] That's why he stops while he stop there, gets out of his truck. Greg is still on the bed and they see him out, Arbery coming out. And Travis is like, Whoa, stop, stop, whoa, whoa, whoa, whoa, stop. And my heart rate keeps running. Adam Travis keeps yelling, Stop, stop, stop. And then he reaches into his car. And this is a model we flipped and go back around the. That's his gun and his cell phone, and he says, Dad, when are the police getting here? He says I didn't call 9-1-1. Travis dialed 9-1-1 and gives his dad his phone. And that's why we have a morning call because Travis McMichael had his phone and thought to call the police. Where are they? Before the first shot is fired, they call the police. That is not evidence of an intent to murder. While Travis is out there now, he has his gun for protection because this guy has run at him has acted bizarrely is not said a word yet that he could tell. [14:22:07] And now a modern buddy is running back. Travis's training taught him to show a weapon, not to use a weapon, to show a weapon because that is a way to de-escalate violence in the normal situation, you show someone you have a weapon. You get compliance. You don't need to go any further. And so he stands there at the low ready position, not pointing his weapon and a moderate is running. And he's running at Travis McMichael. Stop. Stop. Get down. Stop. This guy is not stopping, and Travis knows. That this guy is not going to stop, he's not predictable, he's going to be on him in seconds if he doesn't do something. [14:23:00] Please, please turn, please go up to Tila. This is where we are. I'm not sure we had a clear path to a scintilla. Travis is down here. You could cut across there. He doesn't cut across. He's coming at him. And yes, at about 20 yards, he raises the weapon because he knows about we can be on him. And he's hoping that by raising the weapon, he will de-escalate the situation. Who's going to attack a guy pointing a shotgun? If he wanted to kill him? That was an open shot. He didn't shoot, he didn't shoot his weapon. He was trying to de-escalate the situation in compliance with his nine years of training in the Coast Guard, same training police officers get. You see his Bob Rubin [14:23:54] just go back to that one before Bob Rubin [14:23:57] the gun is down and you saw this a little bit. You can see that the white forearm of Travis McMichael removed this map. Bob Rubin [14:24:07] I'll turn this to give him a better look. Bob Rubin [14:24:13] It's OK. I don't care if it doesn't even face them, and people will not turn it on. I didn't see do OK. So be careful Bob Rubin [14:24:20] because they're going to. Bob Rubin [14:24:27] Lost, you'll see this. Bob Rubin [14:24:30] Hold on, hold on, I'm sorry, I'm sorry. Next time, ask you to stop. Please stop. Oh, I should just be careful. You know, just yeah. The point is, let's not keep moving stuff around. I just if you're going to be doing something just to let everybody know what's going on. OK, OK. You know, the point was last time this was touched not by Mr. Koski, but generally in other matters before the court with lost it. So if we can before we just start moving things around Bob Rubin [14:24:55] with the court, I don't touch it. Bob Rubin [14:24:57] Well, no, Mr. Rubin doesn't touch it. Touch me, and I don't know. It can't show. I'm very touchy about no note, no pun intended about some of this electronics in here. As Mr. Rubin has alluded to, we've lost connections and all sorts of problems, so we're trying to make sure these presentations flow. So I don't think they're going to catch up. But if everybody could let me know if we're doing that, Bob Rubin [14:25:22] this is a fuzzy picture. You'll have you'll have pictures in this in the video throughout. The course of the trial is his arm is down and you can see the white forearm. You can see the driveway here. Travis Muncher. Bob Rubin [14:25:39] We lost the sideline. There have one. OK over your shoulder now, OK? That's the other issues. Bob Rubin [14:25:45] And I know it's awkward. Yeah, yeah, we can speak loud. Sorry. So there's a driveway here, and Travis McMichael is across from another driveway. Bob Rubin [14:25:57] You'll see it's Bob Rubin [14:25:58] about 60 20 yards away, and he knows how quickly someone can cover 20 yards in seconds. An unarmed person can take a weapon away and kill a police officer or a civilian in seconds, even from 20 yards away, even an armed person from 20 yards away. So he raises his weapon and the next slide and you see the distance. Because he wants the guy to stop, not because he wants to hurt a model. He's not looking for an encounter. If he wanted to hurt somebody, he would have fired on Burford on homes or now down here at the bottom. A moderate doesn't stop. [14:26:54] He doesn't say, well, hey, I'm good. He doesn't say anything. And he doesn't stop. Instead, he goes around the truck to the right hand side, the passenger side. And at that point, Travis McMichael can't see his hands. Remember, he still thinks this guy could be armed because I saw this guy at least pretend he was on the 11th. He doesn't know, and he can't see his hands. And his dad is 64 65 year old dad who's had a stroke, is on the bed and a moderate. He could just yank them down or take a shot at him. He doesn't know. So he goes to the front of the truck to get an eye on. What's this guy going to do? [14:27:44] Good Lord, I hope he just keeps running. Go up, satellite. But he doesn't know, so it goes to the front and within a split second. A macabre makes a left, not a right, makes a left and is on Travis. Such that Travis has no choice but to fire his weapon in self-defense, and that shot is a contact or near a contact wound, meaning a mod Arbery is on him. You'll hear that from Brian Leppert of the GBI Crime Lab that first shot. Which we can't really see, because it's videotape through to windshields. Ronnie Brian's windshield and Travis McMichaels windshield there in front of the truck when they collide, when a minority makes a left. [14:28:41] He's on Travis and Travis has to fire because at that point it's his life or Madama life. And the only thing is weird the way the mind works. The only thing he can think of at that point is Everett kind of flashes through his mind. My three, then three year old son, so he fires. He pulls down the weapon, trying to get it away because because my arm is not stopped, that gunshot, which he knows was near his chest. This, he believes it in this. In this melee, he pulls it down and pulls back. You'll see from the video he goes backwards out of frame because Arbery is rushing him death. He fires another shot off from. You see smoke. You see something spray. And you see a minority swinging wildly, and he's hitting travel as you see him hit with his right hand in the trousers, head neck. [14:29:40] He's pounding Travis McMichael while Travis is trying to get the gun away. And Travis fires two more times, and you've seen that. It's a horrible, horrible video and it's tragic. It's tragic that a mother every lost his life. But at that point. Travis McMichael is acting in self-defense. He did not want to encounter a mob, Arbery. Physically, he was only trying to stop him for the police. Self-Defense. Is defined. And the court will charge you later. Bob Rubin [14:30:37] Your honor, I'm objecting again, Mr., of just how giving them the law in self-defense it is. Bob Rubin [14:30:42] We are allowed to get along an opening statement, just as the state did in its opening. Bob Rubin [14:30:46] But we need to be very clear because again, we haven't gone through a charge conference in this case. So let's be clear about it that this is not the charge. Bob Rubin [14:30:56] So I expect you'll be charged on self-defense, and I expect this is what you'll be charged, be told by the judge. A person is justified in using force, which is intended or likely to cause death or great bodily harm. Only if he reasonably believes that such force is necessary to prevent death or great bodily injury to himself or to a third person. At the time, the shots are fired. Travis McMichael reasonably believes because a moderate is on him, aggressively swinging, wildly grabbing ahold of him, grabbing hold of the gun reasonably believes he is justified in firing his weapon. Knowing it's going to, it's going to kill him is going to at least hurt him. Knows that. He has no choice because if this guy gets his gun. Bob Rubin [14:31:56] He's dead or his dad's dead. Bob Rubin [14:31:59] And what's he taught in the Coast Guard at the Maritime Law Enforcement Academy, Bob Rubin [14:32:05] never lose your weapon. Bob Rubin [14:32:11] And that's why he shoots. Travis McMichael within seconds encounters the police Officer Minshew. Officer Dugan, they arrive on scene. He cooperates fully. He does whatever they tell him to do. When they say speak, he speaks. When they say don't speak, he doesn't speak, cooperates fully. He's distraught. He's upset you see this on the video, the body cam of the officers. There's no glee at having done what he just did. It's awful. [14:32:53] He's covered in blood, I'm not Arbery's blood. And then they take him down to the station, and he cooperated fully with the police and answers every question when they tell him to write a map of where he went. He tries to write a map of where they went, when they encountered each other on Burford and in homes. And when they ask him to write a statement, he does his best to write out everything he knows to tell the police. There's been a lot written about this case, and Travis McMichaels actions doesn't matter. [14:33:31] What matters now is the evidence that you're going to hear the facts that you're going to hear in the law, that you're going to be given by Judge Wamsley. You are now the judges of the facts and the applicators of the law. In this case, the evidence shows overwhelmingly that Travis McMichael honestly and lawfully attempted to detain Amod Arbery, according to the law, and shot and killed him in self-defense. What we're asking you to do is hard, and it may be unpopular, but we're asking you to recognize your responsibility as jurors and being open to the facts and putting aside emotion and listening to the law and applying that and doing your duty. Because we think the only right verdict is not guilty on each and every count in this indictment. Thank you.
WRONG WAY BIG RIG’S FIERY CRASH 2008
Turner County, GA -- A dramatic wrong-way chase on Interstate-75 in Turner County ended in a fiery crash. The whole thing was caught on dashboard video. Turner County deputies were alerted to a tractor-trailer rig, swerving in the northbound lanes of I-75 just before 1:00am. As a Turner County deputy falls in behind him, you can see the truck swerving from side to side. You can see the truck ahead, the shiny silver box, with the lights on top. The driver weaves from the fast lane to the slow lane inside the construction zone on Northbound I-75. The Turner County deputy stays far enough back so the trucker can see his lights. The chase lasted about two miles with lights and sirens running on the cruiser. You can see the truck head into the median, then the driver starts driving north in the southbound lanes. He misses one car. Minutes later, a second tractor-trailer appears and Harrison goes around him in the slow lane. Still driving north in the southbound lane, he suddenly heads back into the median. He hits the median, the fuel tank makes the first explosion as it hits the ground, then a bigger flame cloud erupts and engulfs the truck as the trailer catches fire. What you can't see is another vehicle coming southbound. They see the truck crashed into the median, but can't stop -- they crashed into the truck as the Turner County Sheriff's deputy runs to help them. Police Chief Bryant McCard says there wasn't enough time to get in front of the truck and throw out stop sticks to blow his tires. "At the time that this all occurred, officers were responding from the city to the interstate and before they could get to the interstate the incident had occurred," said Chief McCard. The truck driver, 63-year-old Robert Harrison of Moore, South Carolina was killed. The driver of the SUV, 44-year-old Arellano Efrain of Athens, was not injured. His passenger, 38-year-old Dalia Smith of Athens, was injured, but she was treated at Tift Regional Hospital and released by late morning. Police are waiting on toxicology results to learn more about what may have caused Harrison's reckless driving. Police found no signs of alcohol or any type of drugs at the scene and say neither were a factor.
LITTLE PICKUP CHASE (2006)
SMALL STOLEN PICKUP IS LOCATED ON THE ROAD AND WHEN OFFICER CATCHES UP WITH IT, A HIGH SPEED CHASE IS ON! TRUCK EVENTUALLY SPINS OUT AND THE COPS GET THEIR MAN!
AHMAUD ARBERY MURDER TRIAL BRUNSWICK GA CAM 2 POOL 11052021 1300
COURTROOM FTG OF THE TRIAL IN THE AHMAUD ARBERY CASE / TRAVIS MCMICHAEL, GREGORY MCMICHAEL AND WILLIAM RODDIE BRYAN ARE CHARGED WITH THE MURDER OF AHMAUD ARBERY / CAM 2 ARBERY DEFENSE OPENING.wav Bob Rubin [13:27:58] Good afternoon. For those of you who may not remember from two weeks ago or whom I never met, my name is Bob Rubin. And along with Jason Sheffield, who I think you all met to represent Travis McMichael. This case is about duty and responsibility. Bob Rubin [13:28:25] I didn't want to interrupt you, I try to get your co-counsel, but if you could get that close to, you may wonder if we can try to get close to the microphone for the court reporter. Bob Rubin [13:28:33] Yes, sir. It's about Travis McMichaels duty and responsibility to himself. To his family and to his neighborhood. And it's about your duty and responsibility as jurors. The state talked about actions based on assumptions, I'm going to talk about facts. Facts in this case. Travis McMichael is 35 years old. He's single, and he has a five year old son named Everett from 2007 until 2016. Travis McMichael was in the United States Coast Guard. He was a boarding officer in the Coast Guard, which means he was authorized to make arrests. [13:29:35] He was authorized to do investigations. He was authorized to do searches. He was authorized to use his weapon when appropriate. In order to become a boarding officer, he attended Fleksy in Charleston, the federal law enforcement training center. Y'all know that acronym. At Fleksy, he took the training that allowed him to do the law enforcement activities that he did for 10 years or nine years. He learned how to do searches and seizures. He learned what probable cause was a legal term that you'll hear more about. He learned how to use firearms in a safe, effective way. He learned how to use force in compliance with his training. The training he had was not just classroom training at Fleksy. It is scenario based training. It is repetitive training so that if you're ever in a real life situation where you need to make use of force decisions, you're relying, not just thinking back, you're relying on muscle memory because those split seconds are often the difference between life and death. [13:31:18] But not only did Travis McMichael get training at Fleksy in all of these law enforcement activities, searches and seizures investigations report writing, use of firearms, use of force, decision making. But every year he was in the Coast Guard, he had additional training and every year in the Coast Guard when he became. Efficient enough. He then became a trainer of the trainees he was training, the trainers, he was training his fellow Coast Guardsmen on the law enforcement activities on how to be a boarding officer. After he left the Coast Guard and in 2020, Travis was working for Metz and Marine as a coxswain. He's working at the naval base, moving boats around. [13:32:19] He was living at home with his mom, Lee, and his father, Greg, his sister Lindsey, and his son, Everett, who was then three years old. He was living at home because the apartment he was living in previously had been sold by his landlord, so he needed to live back at home, save some money so he could go back out on his own again. He was living, as the state told you earlier in still a source. This is a low-tech map of the Taylor shores because I don't trust PowerPoint. You'll see a PowerPoint, but I don't trust them. So this is a regular map of a Google Earth map. Highway 17 up here. Still a drive here to 30 still drive. [13:33:12] Just to acclimate you, this is Jones Road, and I know it's hard, it's hard for all jurors maybe to see this, but you'll see this many times throughout the case and we'll talk more about the rest of it. But he lived on satellite until a drive in satellite shores. So, Tila Shores is a quiet, scenic middle class neighborhood, the kind of neighborhood where parents let the kids ride around on their bikes, the kind of neighborhood where, when you're my age, go for a walk after dinner. The kind of neighborhood that we all kind of aspire to live in, it's safe, it's beautiful. You work in the yard, you play on the river. This is the family and community that Travis McMichael felt a duty and responsibility to during the course of events in 2019 and 2020. [13:34:20] This is the family and community that made him willing to put himself at risk to help the police detain a mod Arbery. The video that you watched probably five times in the state's opening statement doesn't even begin to tell the story in this case. It's like looking through that knot hole in the fence and thinking you see the whole baseball field and you really only see the outfield. The case really begins months before in 2019, because satellite assures was a neighborhood on edge crime had gone up. It wasn't violent crime, it was property crimes, the kind of crimes that are unsettling, the kind of crimes that are scary because you don't know who's coming on to your property, who's in your car ransacking it, who's breaking into your buildings, who's stealing your lawnmowers or your guns. [13:35:31] And so the neighborhood was on edge. So much so that behaviors began to change by the neighbors, kids were not allowed some kids to play outside after dark. Residents of Seattle assures installed home surveillance cameras to catch the thieves that were taking their property, and neighbors instill assures felt a duty and responsibility to each other to post on the neighborhood pages. Facebook and next door about the crime that was happening, and you'll hear about that. The types of posts that you saw on these pages includes this is ridiculous. My daughter always freaks out. It's getting old. I'm nervous. Lock your cars. [13:36:34] These are actual posts from those that neighborhood Facebook page. As a result of this uptick in crime of people being on edge, people were alert to suspicious behavior. In July of 2019, Travis McMichael and Greg McMichael were alert to suspicious behavior long before ever encountering a Mod Arbery. In July of 2019, Travis McMichael, who was at that point running a little charter boat, taking people out tourists out on the river in the marshes was on his boat with some gas when he went under the Fancy Bluffs bridge that you heard about earlier. [13:37:26] There he saw a homeless man who had lots of stuff around him in a tarp stuff, the kind of stuff that made Travis look twice and may Travis feel suspicious that maybe this was the guy who was taking the stuff out of our neighborhood. So he dropped off. His guests eventually went home, got in the car with his father, Greg, and they drove to the area under the Fancy Bluffs bridge. There they saw the man, and what you see up here is the car basically what's called a CAD report. It's basically a report made of Greg McMichaels 9-1-1 call to the Glen County police to say, Hey, basically there's a guy under the bridge we think is responsible. Could you please investigate? And the police, did they send an officer out there Speaker 3 [13:38:25] and Bob Rubin [13:38:26] really nothing of note was found and the investigation ended? But the break ins the theft didn't end, especially for a man named Larry English for Mr English, who was only beginning Larry English, as you heard, lives in Douglas, Georgia. He was so excited to have a weekend home. Instill a assures on this beautiful little santillo river. He built a home. He was going to use it for weekends and vacations with his wife, Amy, his daughter Laura, his son Hoyts. And so it took time, delays and all that with contractors and himself having issues with health. But he started building a home in Seattle, assures for use as a vacation. Place a getaway. He built a dock. Bob Rubin [13:39:30] His home is Bob Rubin [13:39:33] where the dock on the river. He had a boat on a hoist at the dock and he had a large offshore boat in his RV garage in that garage, Bob Rubin [13:39:46] and I promised not to touch the screen. Bob Rubin [13:39:50] Is this large garage, but that's where he kept. It's called RV a garage, but it's really a boat garage from Mr English. Eventually, because of some advice from his neighbor, Kenny Wade, who lived next door, he installed a camera at the dock and one on the back of his house, which you can't see from this photo. He was concerned about liability because kids were playing out there and they were, you know, they would take his scraps of wood. They would hang out by the dock. But he was also concerned about theft because he had valuables at his house. He had two boats, sometimes three boats, and he parked his camper on the property. [13:40:34] You can't see in the picture, but you'll see eventually his camper that he stayed in, sometimes alone, sometimes with his wife and kids when they came to the house, either to work on it or to play at it. So he was concerned about all of this when he installed those cameras. Over the course of the next three four months. He saw on his cameras at night a Mod Arbery four times. The first time, and this is the first time his camera alerted and at all was October 25th, 2019. Now remember he's in Douglas, Georgia. He has a cell phone. When his camera spots somebody, he gets an alert on his cell phone. This is a photograph of a model, Aubrey, on his dock. October 25th, 2019, he gets this alert. [13:41:44] He sees this man. He calls Glenn County Police Department can't call 9-1-1 because no one would go to Douglas police, but he calls the 911 number for Glynn County Police. And he's scary, and he's concerned. What is this guy doing at my house at night? There is no legitimate reason, according to Mr English, for this man to be at his house where his boats are stored, where his camper is, is parked at night and he calls the police. He's concerned not only for his stuff, but he's concerned for his family because what if Amy was there at the camper alone? [13:42:36] What if his daughter Laura was there sleeping there that night and she walks outside and bumps into this intruder and he gets scared and he panics and she panics, and something really, really awful happens. These are the thoughts that went through Larry English, his mind. When he sees this intruder in his house on October 25th, 2019, he calls back Glenn County a second time after this initial call. Bob Rubin [13:43:07] Go back a little bit, OK? Bob Rubin [13:43:11] Because he calls the police to tell them that the man who is on the dock. And he describes them as plundering around, describes his tattoos, describes his hair twists. The man who was in his house plundering around has now gone across the street towards his other neighbor's house. He describes it as a, I think, whitish yellowish house. It's Subi Lawrence's house. It's a neighbor. He knows Subic as a single mom. She's a mother of three boys. [13:43:48] The boys who play outside and ride their bikes in and steal Larry English scraps of wood for their skateboard ramp are there for it, for whatever they're doing. This is who Mr English sees and who he's concerned about, and he wants the police to to to confront this man and tell him, don't come back. You don't see him take anything. Remember, he's only got cameras on the back of the house right now. One camera back in the house, one camera at the dock. He wants him removed by the time police come, and I think it's Officer Rash who responds that first time. Robert Rash and you'll hear from Officer Rash. No sign of Mr Arbery. [13:44:36] Man, we later find out as a mob of Arbery. No sign. Now he's OK with curiosity seekers coming to his house. We've all done it. You see a house under construction. It looks kind of interesting. What's what are the neighbors building? What are they adding on? What's the staircase going to look like? He's OK with all that. He's OK with the kids coming in during the daytime, taking the scraps of wood. It didn't matter to him. What concerns him was there is no reason that's legitimate to be there at night. And that's why he calls the police. Sometime after October 25th, Mr English is on a ladder in his RV garage, looks in his offshore boat and realizes his satellite system, his yeti cooler and his microphone system are gone, taken out of the boat. He doesn't know who did it. He does know the HVAC guys were in that area, installing some of the some of the nut pipes, some of the system in there. He also knows the black male from October 25th was in there, and so he's suspicious. But what can he do? [13:46:09] The next alert on his phone is November 17th. OK. November 17th, a white couple comes on this property at night, 10 o'clock at night. They park out by the porta potty that you saw in the earlier picture. The man has his belt unbuckled. Odd comes in the house and he calls 9-1-1. And he says about a week and a half to two weeks ago, I had my stuff stolen. This is now November 17th week and a half two weeks ago is pretty close to October 25th. I've had my stuff stolen there in the same area, they're they're they're going around where the RV, where the boat is in the RV garage, please send an officer out. Officers go out. The couple is gone. They see nothing. Mr English is upset and he's frustrated. [13:47:17] He has valuable stored at the house. Stuff has been stolen. Now, two people have been seen on his cameras three people, two white people and a black male. And so the next morning, November 18th, he goes and he gets his boat and he hauls it away. Figures. I just can't keep valuables in this house that's open, but is owned by him with his valuables. And so he takes the boat away. That very night, November 18th. He sees the same black male he saw on October 25th. The man we now know is a Mod Arbery. He's back again. He's seen around the boat, not the big offshore boat, but the other boats. And according to Mr English, he's plundering around again. He calls Glen County Police again. Glen County Police arrive again and again. Mr. Arbery gets away without being confronted by the police. And Mr English is frustrated. Bob Rubin [13:48:42] Of course. Bob Rubin [13:48:45] He's so frustrated that the very next day, November 19th. These are all out of order. And this is why we don't use technology. All right. November 18, 2019. This is the night he sees a moderate for the second time. There's somebody back on the property again tonight, black man not wearing a shirt in late November. Got tattoos on his arms and a pair of light colored shorts. He's wandering in the carport, looking in the boat, not the offshore boat, the smaller boat, the same guy that was here about a week and a half two weeks ago. The date night before he's calling police, saying my stuff was stolen a week and a half, two weeks Bob Rubin [13:49:34] before Bob Rubin [13:49:36] he kind of looks like he's up to no good. He's on three different people's cameras in the neighborhood. This is Larry English's 9-1-1 call on November 18, 2019. November 19th, the very next day, he has an exchange through text message with his two doors down neighbor Diego Perez. Diego Perez is another person who believes it's his duty and responsibility to look out not just for himself, but for his neighbors. And so Diego has this conversation with Larry English. This is a printout from an extraction from Larry English's phone. [13:50:23] So and you'll see this in evidence and it's out of order the way it's printed out. So I'm going to kind of walk you through it because the first exchange is from Larry English. He sends Diego Perez clips of the videos from the white couple on the 17th of November and the black male on the 18th of November. And he says to Diego Perez, who he just knows, as Diego still assures, that's how he's in his phone. They're not friends. They're just neighbors. Good neighbors. And he says to Diego, Have you seen these people in the neighborhood? Diego says, No, sir, I can't say I've ever seen them in the neighborhood, but I'll keep an eye out. [13:51:04] I can respond in mere seconds because he's only two doors down. With your permission, Larry English says, you have my permission. And Diego says I may be able to intercept them or pen them up for the police. I may be able to intercept them or pen them up for the police. Diego Perez is taking it upon himself. If he can to perform a citizen's arrest, I'm going to hold them until the police come. And Larry English's response to that? Thank you. Because seconds count, Diego Perez knows that Larry English now knows it because three times he's tried to catch his intruders and three times he's failed because the police just get there too late. As Diego Perez artfully put it, when seconds count, the police are minutes away. And so he needs the help of Diego Perez and other neighbors. Officer Rash, who responds to these calls, he canvasses the neighborhood, he's trying to catch this guy. [13:52:35] And so he canvasses the neighborhood using stills from the video, have you seen this guy? Do you know him? Can you help me help Larry English? And no one knows. He's not jogging in the neighborhood. No one's ever seen him. The only time we see a Arbery in satellite shores is at night on these cameras. And remember, people have cameras in the neighborhood. If he was in there jogging in the daytime, you would see evidence of that. So November 19th, Diego Perez helps offers to help office, Arash canvasses the neighborhood. He's still a mystery. He is, at this point, a scary mystery because he's plundering around Larry English's house and now everybody knows it. Officer Rash has canvased the neighborhood. Larry English is talking to neighbors like Matt Al Benzie, like sub Lawrence, like his neighbor Diego and his wife, Brooke Perez. It's being posted on Facebook on the neighborhood Facebook page. Word is out, that stuff was stolen from Larry English's house. [13:54:06] Parked in his RV garage. Now I want to be clear. In May. After Travis McMichael was arrested, Larry English realizes he doesn't really know when the stuff was stolen. It was back in Douglas. It was in the House on satellite drive. But what he was telling people in October, November, December, January, February 2020 is that this stuff was taken out of my boat, parked at my house on satellite drive. That's what the neighbors knew from Larry English and Officer Rash. He's back at the House, a Arbery on December 17th. This is now the third time seen on camera at Larry English's House. He's at night. He has no legitimate reason for being there. And remember, although you're seeing him through infrared cameras, it is pitch black in that house. There is no light. There's no lights on. [13:55:21] There's no light switch, no light bulbs. It is pitch dark. And on December 17th, the Aubrey is seen plundering around again, again in the area where the boats were located in that RV garage. Police are not called that night. There is no 9-1-1 call. Larry English can't remember why he didn't call police. He may have been sick and not seen this video until much later. And you saw the clip of the video with Ahmad Aubrey walking outside the house, looking around again and taking off into the neighborhood. And the question remains, was he out for a jog ten o'clock at night, December 17th? Or was he doing something else? And we'll never know. But it sure does look suspicious. [13:56:28] The next time he's seen in Larry English's House. It's February 11th, 2020. This is now the fourth time in the House. But this time is different, because this time it's not Larry English who calls the police. It's Travis McMichael. The state got the facts a little bit wrong. So let me correct them, Travis McMichael was going out that night about 7:30 at night. It's dark to get gas fill up his car before the next day. He had to be at work early, so he was just going to fill up his car that night so he wouldn't have to wake up so early in the morning, the next day on his way up the street and Bob Rubin [13:57:24] he's at two 30 to tell them This is the exit up here. This just English house, Bob Rubin [13:57:29] as he gets up here, he sees a figure dart across the street and this figure now he realizes it's a man is lurking in the shadows 25 to 30 feet. From the street, kind of staying in the shadows very furtively catches Travis's attention. He has no idea who this is. He's never met Amad Arbery. But he sees this guy and he sees this guy kind of running across the lawn. It's really that initially the house next door, kind of a Spanish style house, he runs across the yard and he hides behind that red porta potty that you saw in that photograph. [13:58:12] I was like, This is not good. We know about a guy intruding and Larry English's house, and he stops his car and he kind of aims his headlights at the porta potty. And knowing there is no legitimate reason for this man to be there, he starts to get out of his car to ask them why he's there. Well, this guy steps out from the porta potty. And he reaches with his left hand, I believe, into his waist. As if reaching for a weapon. Scares the heck out of Travis. He sees this he's he's trying to get out, gets in his car, puts it in reverse stalls because he's so startled. Eventually backs up and gets home where he calls 9-1-1. And this is what he says. This is the 911 call, we're going to play the whole thing because it's too long. Bob Rubin [13:59:15] Yeah, now see, that's here in my hand. If it was around 2:30, would you that we're going to be there forever? Would our neighborhood? And I just told them, what an insurance salesman bill you have to pay. But if you took it into their house and they do it by the black male shirt and shorts. And you saw that. But now let me get you in. What's been happening here? Travis McMichael, 43, for 37. All right. Where are you at out? On the street, off the street? My job to help you answer. There's another way for you to let someone who you never see your okay. And I don't mean to interrupt you, but I always said if they ran into the house, so I don't know if he's on or not. I do that like he was so well. You know my. We're talking anyway. Junta, who believes that if Bob Rubin [14:01:21] he goes on to say later on as about three or four minutes later, so we don't need to waste your time as we've been having a lot of burglaries and break ins around here lately. So now here we are, this guy who has seen Travis see him. And seen Travis drive away. Still has the audacity, the brazenness to go into the English house. Travis's home calling 9-1-1. Greg McMichael overhears and he starts going up to the English house and he's got his firearm with him and Travis's, whoa, whoa, Bob Rubin [14:02:06] whoa, Bob Rubin [14:02:07] slow down. Turns out Travis ends up going up there with him and Travis has his firearm. Diego Perez, who by now has been alerted by Larry English with his video clips. He goes out there. He's armed. These neighbors are going to Larry English's house, not because it's fun at eight o'clock at night in February and still assures that because it's their duty and responsibility to each other, to protect each other, to do what they can to help the police stop the guy who's plundering around. Breaking into Larry English's house. Officer Rash gets called, they are all out. Officer Rash to other officers. Diego Perez, Greg McMichael, Travis McMichael all out trying to find the guy. Amadou Arbery, who's now for the fourth time in Larry English's house. After Ash appreciates the help. He never tells Greg McMichael, Travis McMichael or Diego Perez, Hey, guys, let the police handle this. We got this no problem. [14:03:27] You guys go home. He never tells them, Hey, put those guns away. We don't need guns out here. Don't carry guns around. He doesn't say that. He doesn't say, No, you guys cannot stop and detain this guy if you catch them. That's a police job because it is a citizen's job. To help the police and the law authorizes that. He tells Greg McMichael and Travis McMichael that Larry English says nothing was stolen, but these guys know stuff was stolen. [14:04:07] Everybody knows it. Larry Inglis has already told everybody to be Matt, Diego, Brooke and that Beasley. Ronnie Olson rash has been around. We all know it. Stuff has been stolen. So now here we are. Here are facts, not assumptions. Travis McMichael has now seen a moderate face to face for the first time. In Larry at Larry King's House and then in Larry King's His House, he's had a firsthand encounter. He knows that Amanda Aubrey has been lurking around that house for no legitimate reason, not authorized to be there. [14:04:49] He's not working on the house, not doing anything but plundering around the house. He knows stuff has been stolen. It's not. It's probably the paper. These things have a mind of their own sort to make sure he knows stuff has been stolen because Larry English has told everybody that. He knows this guy has the audacity to go in the House despite knowing people are around and watching him. He knows he's possibly armed because he made that move to his left hand pocket waist. He has probable cause to believe a burglary has been committed. [14:05:37] What is burglary? Let's go back one slide burglary is entering a dwelling, whether occupied or not. The fact that it's open without doors means nothing. It's any dwelling, any building structure, whether occupied or not, without authority with the intent to commit a felony or theft. You don't actually to commit a burglary have to take anything. It is the intent to take something or to commit another felony that makes it a burglary. Travis McMichael has probable cause based on his training of what probable cause is to believe Amad Arbery is a burglar. Probable cause. What does it mean? It is the level of suspicion. Bob Rubin [14:06:35] At this point in time, this is. Bob Rubin [14:06:41] I have an objection at this point in time to this being the law and the law is going to come from the court and this has not been. How about after I put this approved on any level Bob Rubin [14:06:50] by the court? Well, let me make it clear this is what Travis McMichael understood from his training was the definition of probable cause. Bob Rubin [14:06:58] OK, so Bob Rubin [14:06:58] the N-word, Bob Rubin [14:06:58] for sure. Ladies and gentlemen, as I indicated to you, the court will actually charge you on the law during the presentation here. The representation is made on what the law is. Again, the court you will you will receive that from the court. You will not be receiving that from counsel. So if we could please couch the argument in those terms? Yes, sir. Bob Rubin [14:07:20] And this is not what I understand. Probable cause to be. This is what Travis McMichael, from his 10 years in the Coast Guard, understands probable cause to be the level of suspicion that would cause a reasonable and prudent person to believe that a crime has been committed under the totality of the circumstances. That's it. It's a level of suspicion that you would need under the totality of the circumstances to believe that a crime was committed. [14:07:57] That's where Travis McMichael sat. As of February 11th, 2020. The next time we see a model, Aubrey in Seattle assures his February 23rd. It's a beautiful day, kind of a warm February day in Brunswick. Travis McMichael around midday around one o'clock is on the couch in his living room, trying to get Everett to take a nap. Three year old son so he's doing the strategies that parents do. He has Everett. Every other week, he shares custody with Abbott's mom. On this Sunday, he's trying to get Everett to go to sleep. [14:08:46] Greg is in the front yard in the driveway, upholstery posturing, his boat cushions. It is a pleasant, uneventful Sunday morning leading into Sunday afternoon. While they're doing that and Mod Arbery is walking into the neighborhood, not jogging. Not running. Walking into the neighborhood, walking into Larry English's front yard. Where he stands there, and this is the view from Ronnie Olson's house across the street where he stands there, looks around. And walks into the house. While he's doing that, Matt Albanese is in his yard. Dow Jones is down here. You can see directly into Larry English, his yard. He is aware of the break ins in the larynx, his house. He is aware of the items stolen from Larry English, but he's out splitting logs. Tree had fallen in his yard, so he's breaking up the tree. He sees this guy that looks like the guy from the video clips. [14:10:05] Fact is, the guy from the video clips walking into Larry King's His House. He grabs his gun, puts in his pocket, grabs his cell phone, walks down Jones to an oak tree. This. Across the street from Larynx, his house, and he calls 9-1-1 while he's calling 9-1-1. He sees a man, Aubrey, through the windows in larynx, his house. He doesn't know what he's doing in there, but he knows this guy has been there at night four times prior. He knows stuff is stolen. So he's calling the police. He makes he believes, eye contact with the mod Aubrey. The next thing he sees is a Mod Arbery sprint out of that house. He is not jogging. He is running away into the neighborhood, possibly armed. Based on prior experience. He is sprinting at what turns out to be about a six minute mile, it's fast and he's got long strides. [14:11:31] That view is from Diego Perez's surveillance camera. He runs right past Greg McMichaels Yard. Greg McMichael sees him. Greg McMichael is aware of the things that have happened that we've talked about. Greg McMichael sees him tearing, hauling ass down the road, and he knows what's up. And he goes inside and he tells Travis Travis, the guy the guy is running down the street, the guy they know who it is. And I'm guessing it's not some random guy running down the street. It's the guy and they turn out to be right. [14:12:10] It is the guy, the same guy. Four previous times at night, they grabbed their guns. Now, why did Travis McMichael grab a shotgun? Because 12 days earlier, he confronts this guy trying to help Larry English and this guy reaches into his pocket like he has a gun, so he grabs his shotgun for self-protection. And he gets in the car and he walks out in the yard, actually, and he sees Matt Albanese Bob Rubin [14:12:46] motioning down the street Bob Rubin [14:12:49] same direction of Matt Arbery was running. It gets in the car. Dad gets in in the I'm sorry, I say car. It's a truck Ford F-150 and climbs into the car seat because when seconds count, the police are often minutes away. The police are not going to catch this guy at the speed he's running. So they're going to try to detain him for the police. What happens after that? It's up to the police. So they encounter a Modbury. On Burford, the first encounter is at three a.m. Burford. This is what it looks like. You saw the video of Let's, let's go back to their. They're there to detain a Mod Arbery for the police, this is what the law allows. A private person may arrest an offender if the offenses committed in his presence or immediate knowledge. And that applies to felonies or misdemeanors. But there's a second sentence the state didn't tell you about Bob Rubin [14:14:10] the Bob Rubin [14:14:10] second sentences. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion. That's why Travis McMichael and Greg McMichael sought to detain him, Arbery. There was no crime committed in their presence. We're not contending there was a crime committed in their presence, but there was probable cause to believe a felony had been committed. [14:14:45] And that this man was attempting to escape or flee. That's why citizen's arrest is in this case. There are three encounters with a Aubrey on Burford. The first one is in front of Brian's House, where you are, Brian. I shouldn't calm Roddy. I don't know. Mr Bryant's house. Travis McMichael pulls up alongside the Model Arbery. To stop. Whoa, I want to talk to you. What were you doing back there? What's going on? And I'm not, Ari says zero. He don't say, Hey man, I'm just out for a jog. He don't say, Hey, leave me alone. He doesn't say back off. He doesn't say, Hey, come, don't say anything. He just looks at Travis and he goes back the other way. [14:15:43] Travis backs his truck up, says, Whoa, whoa, whoa, stop and talk to you. Matt Aubrey looks at him and Bolts doesn't say anything, doesn't say, leave me alone and say, Hey, good morning. Good afternoon. He just bolts. At this time, there is no gun. The shotgun that Travis Scott is is stuck between the seats. Greg's gun is on his holster. There's no gun being pointed at Mr. Arbery. There's no like, Hey, stop at the point of a pistol or a shotgun. There's no gun, Mr. Arby's not even aware of any gun. That point because no gun has been shown. They go down, Burford, they pull up to him again in Burford, by the way. Still, the drive Bob Rubin [14:16:36] turns kind of a little jog turns into the go down Burford Bob Rubin [14:16:40] a little ways more. Whoa, stop. We want to talk to you. Stop the we called the police. Police are coming. When Mr. Arbery hears Travis McMichael say, we call the police, police are coming. He bolts back the other way towards Ronnie Bryant's house back towards Satel Drive. They stopped the truck, put it in park. Greg McMichael does get out and he gets in the bed because he's cramped into the child seat. Tasman Michael gets out and he looks down the road Bob Rubin [14:17:20] like, what the heck? Want to talk to this guy? Just in Bob Rubin [14:17:26] suspect, coming out of English is how he sees Albanese Benzie moving. We know it's the guy from the night 12 days before he's back again. And he looks down the street and he sees a mob, Arbery trying to get into Roddy O'Brien's truck to Mr Bryan's truck. He's interacting with the truck and he doesn't know who that Black Silverado truck it belongs to. He doesn't know Roddy Brian. He's never met him. He doesn't know his truck. [14:18:00] So he sees this black Silverado, and he sees them out trying to get in it. And he expects to hear a gunshot because he thinks the model is armed. Like he pretended to be on the 11th. And he's fearful that this guy whose name he doesn't know will try to shoot the owner of the truck and take the truck. And so that scares him. This attacking the truck worrisome his dad, says, Travis, go back, go back. Says No Dad, just go around and go around Zeller Wood, you've heard the name. There was no further down here. I see this interaction back here. Bob Rubin [14:18:39] They didn't go around Zewe, you know, and take a left on homes. Bob Rubin [14:18:45] Now they don't know where either the Black Silverado is or what that has to do with anything or where Amad Arbery is. So going down is going down. Holmes is not with the intention Bob Rubin [14:18:58] of Bob Rubin [14:18:59] trapping Arbery. It's with the intention of strategically planting yourself so you can kind of help the police see the neighborhood as they go down Holmes drive at a slow rate. They see a mad Arbery running in front of the truck. Travis McMichael drives past him, doesn't say anything to him. Arbery doesn't shout at him, just kind of drives past them watching to see what this guy is going to do. Again, no gun, no shotgun, no pistol is brandished, pointed in any way shown to Mr. Arbery. Three times on before they encountered Mr. Arbery. Now, once on homes, no gun. They go down to the bottom of homes Bob Rubin [14:19:54] towards the stop sign Bob Rubin [14:19:56] and stop the car. They don't know where Mr. Arbery is at this point because he's around a dog lake. That's the picture of Holmes Drive looking up at from Travis McMichaels Vantage. And you can see where the road kind of dog legs to the right and past that dog, like you can't see what's happening. But at that point, Travis McMichael can now strategically see Sotelo drive his road where his family is located. Burford and Holmes. So if the police get there, which he thinks they're coming any minute, he can tell them, I don't see him in these directions. He's that way where I do see him and he's in one of these streets. [14:20:44] That's why he stops while he stop there, gets out of his truck. Greg is still on the bed and they see him out, Arbery coming out. And Travis is like, Whoa, stop, stop, whoa, whoa, whoa, whoa, stop. And my heart rate keeps running. Adam Travis keeps yelling, Stop, stop, stop. And then he reaches into his car. And this is a model we flipped and go back around the. That's his gun and his cell phone, and he says, Dad, when are the police getting here? He says I didn't call 9-1-1. Travis dialed 9-1-1 and gives his dad his phone. And that's why we have a morning call because Travis McMichael had his phone and thought to call the police. Where are they? Before the first shot is fired, they call the police. That is not evidence of an intent to murder. While Travis is out there now, he has his gun for protection because this guy has run at him has acted bizarrely is not said a word yet that he could tell. [14:22:07] And now a modern buddy is running back. Travis's training taught him to show a weapon, not to use a weapon, to show a weapon because that is a way to de-escalate violence in the normal situation, you show someone you have a weapon. You get compliance. You don't need to go any further. And so he stands there at the low ready position, not pointing his weapon and a moderate is running. And he's running at Travis McMichael. Stop. Stop. Get down. Stop. This guy is not stopping, and Travis knows. That this guy is not going to stop, he's not predictable, he's going to be on him in seconds if he doesn't do something. [14:23:00] Please, please turn, please go up to Tila. This is where we are. I'm not sure we had a clear path to a scintilla. Travis is down here. You could cut across there. He doesn't cut across. He's coming at him. And yes, at about 20 yards, he raises the weapon because he knows about we can be on him. And he's hoping that by raising the weapon, he will de-escalate the situation. Who's going to attack a guy pointing a shotgun? If he wanted to kill him? That was an open shot. He didn't shoot, he didn't shoot his weapon. He was trying to de-escalate the situation in compliance with his nine years of training in the Coast Guard, same training police officers get. You see his Bob Rubin [14:23:54] just go back to that one before Bob Rubin [14:23:57] the gun is down and you saw this a little bit. You can see that the white forearm of Travis McMichael removed this map. Bob Rubin [14:24:07] I'll turn this to give him a better look. Bob Rubin [14:24:13] It's OK. I don't care if it doesn't even face them, and people will not turn it on. I didn't see do OK. So be careful Bob Rubin [14:24:20] because they're going to. Bob Rubin [14:24:27] Lost, you'll see this. Bob Rubin [14:24:30] Hold on, hold on, I'm sorry, I'm sorry. Next time, ask you to stop. Please stop. Oh, I should just be careful. You know, just yeah. The point is, let's not keep moving stuff around. I just if you're going to be doing something just to let everybody know what's going on. OK, OK. You know, the point was last time this was touched not by Mr. Koski, but generally in other matters before the court with lost it. So if we can before we just start moving things around Bob Rubin [14:24:55] with the court, I don't touch it. Bob Rubin [14:24:57] Well, no, Mr. Rubin doesn't touch it. Touch me, and I don't know. It can't show. I'm very touchy about no note, no pun intended about some of this electronics in here. As Mr. Rubin has alluded to, we've lost connections and all sorts of problems, so we're trying to make sure these presentations flow. So I don't think they're going to catch up. But if everybody could let me know if we're doing that, Bob Rubin [14:25:22] this is a fuzzy picture. You'll have you'll have pictures in this in the video throughout. The course of the trial is his arm is down and you can see the white forearm. You can see the driveway here. Travis Muncher. Bob Rubin [14:25:39] We lost the sideline. There have one. OK over your shoulder now, OK? That's the other issues. Bob Rubin [14:25:45] And I know it's awkward. Yeah, yeah, we can speak loud. Sorry. So there's a driveway here, and Travis McMichael is across from another driveway. Bob Rubin [14:25:57] You'll see it's Bob Rubin [14:25:58] about 60 20 yards away, and he knows how quickly someone can cover 20 yards in seconds. An unarmed person can take a weapon away and kill a police officer or a civilian in seconds, even from 20 yards away, even an armed person from 20 yards away. So he raises his weapon and the next slide and you see the distance. Because he wants the guy to stop, not because he wants to hurt a model. He's not looking for an encounter. If he wanted to hurt somebody, he would have fired on Burford on homes or now down here at the bottom. A moderate doesn't stop. [14:26:54] He doesn't say, well, hey, I'm good. He doesn't say anything. And he doesn't stop. Instead, he goes around the truck to the right hand side, the passenger side. And at that point, Travis McMichael can't see his hands. Remember, he still thinks this guy could be armed because I saw this guy at least pretend he was on the 11th. He doesn't know, and he can't see his hands. And his dad is 64 65 year old dad who's had a stroke, is on the bed and a moderate. He could just yank them down or take a shot at him. He doesn't know. So he goes to the front of the truck to get an eye on. What's this guy going to do? [14:27:44] Good Lord, I hope he just keeps running. Go up, satellite. But he doesn't know, so it goes to the front and within a split second. A macabre makes a left, not a right, makes a left and is on Travis. Such that Travis has no choice but to fire his weapon in self-defense, and that shot is a contact or near a contact wound, meaning a mod Arbery is on him. You'll hear that from Brian Leppert of the GBI Crime Lab that first shot. Which we can't really see, because it's videotape through to windshields. Ronnie Brian's windshield and Travis McMichaels windshield there in front of the truck when they collide, when a minority makes a left. [14:28:41] He's on Travis and Travis has to fire because at that point it's his life or Madama life. And the only thing is weird the way the mind works. The only thing he can think of at that point is Everett kind of flashes through his mind. My three, then three year old son, so he fires. He pulls down the weapon, trying to get it away because because my arm is not stopped, that gunshot, which he knows was near his chest. This, he believes it in this. In this melee, he pulls it down and pulls back. You'll see from the video he goes backwards out of frame because Arbery is rushing him death. He fires another shot off from. You see smoke. You see something spray. And you see a minority swinging wildly, and he's hitting travel as you see him hit with his right hand in the trousers, head neck. [14:29:40] He's pounding Travis McMichael while Travis is trying to get the gun away. And Travis fires two more times, and you've seen that. It's a horrible, horrible video and it's tragic. It's tragic that a mother every lost his life. But at that point. Travis McMichael is acting in self-defense. He did not want to encounter a mob, Arbery. Physically, he was only trying to stop him for the police. Self-Defense. Is defined. And the court will charge you later. Bob Rubin [14:30:37] Your honor, I'm objecting again, Mr., of just how giving them the law in self-defense it is. Bob Rubin [14:30:42] We are allowed to get along an opening statement, just as the state did in its opening. Bob Rubin [14:30:46] But we need to be very clear because again, we haven't gone through a charge conference in this case. So let's be clear about it that this is not the charge. Bob Rubin [14:30:56] So I expect you'll be charged on self-defense, and I expect this is what you'll be charged, be told by the judge. A person is justified in using force, which is intended or likely to cause death or great bodily harm. Only if he reasonably believes that such force is necessary to prevent death or great bodily injury to himself or to a third person. At the time, the shots are fired. Travis McMichael reasonably believes because a moderate is on him, aggressively swinging, wildly grabbing ahold of him, grabbing hold of the gun reasonably believes he is justified in firing his weapon. Knowing it's going to, it's going to kill him is going to at least hurt him. Knows that. He has no choice because if this guy gets his gun. Bob Rubin [14:31:56] He's dead or his dad's dead. Bob Rubin [14:31:59] And what's he taught in the Coast Guard at the Maritime Law Enforcement Academy, Bob Rubin [14:32:05] never lose your weapon. Bob Rubin [14:32:11] And that's why he shoots. Travis McMichael within seconds encounters the police Officer Minshew. Officer Dugan, they arrive on scene. He cooperates fully. He does whatever they tell him to do. When they say speak, he speaks. When they say don't speak, he doesn't speak, cooperates fully. He's distraught. He's upset you see this on the video, the body cam of the officers. There's no glee at having done what he just did. It's awful. [14:32:53] He's covered in blood, I'm not Arbery's blood. And then they take him down to the station, and he cooperated fully with the police and answers every question when they tell him to write a map of where he went. He tries to write a map of where they went, when they encountered each other on Burford and in homes. And when they ask him to write a statement, he does his best to write out everything he knows to tell the police. There's been a lot written about this case, and Travis McMichaels actions doesn't matter. [14:33:31] What matters now is the evidence that you're going to hear the facts that you're going to hear in the law, that you're going to be given by Judge Wamsley. You are now the judges of the facts and the applicators of the law. In this case, the evidence shows overwhelmingly that Travis McMichael honestly and lawfully attempted to detain Amod Arbery, according to the law, and shot and killed him in self-defense. What we're asking you to do is hard, and it may be unpopular, but we're asking you to recognize your responsibility as jurors and being open to the facts and putting aside emotion and listening to the law and applying that and doing your duty. Because we think the only right verdict is not guilty on each and every count in this indictment. Thank you.
AHMAUD ARBERY MURDER TRIAL BRUNSWICK GA SWITCHED FEED POOL 11052021 1300
COURTROOM FTG OF THE TRIAL IN THE AHMAUD ARBERY CASE / TRAVIS MCMICHAEL, GREGORY MCMICHAEL AND WILLIAM RODDIE BRYAN ARE CHARGED WITH THE MURDER OF AHMAUD ARBERY / SWITCHED FEED ARBERY DEFENSE OPENING.wav Bob Rubin [13:27:58] Good afternoon. For those of you who may not remember from two weeks ago or whom I never met, my name is Bob Rubin. And along with Jason Sheffield, who I think you all met to represent Travis McMichael. This case is about duty and responsibility. Bob Rubin [13:28:25] I didn't want to interrupt you, I try to get your co-counsel, but if you could get that close to, you may wonder if we can try to get close to the microphone for the court reporter. Bob Rubin [13:28:33] Yes, sir. It's about Travis McMichaels duty and responsibility to himself. To his family and to his neighborhood. And it's about your duty and responsibility as jurors. The state talked about actions based on assumptions, I'm going to talk about facts. Facts in this case. Travis McMichael is 35 years old. He's single, and he has a five year old son named Everett from 2007 until 2016. Travis McMichael was in the United States Coast Guard. He was a boarding officer in the Coast Guard, which means he was authorized to make arrests. [13:29:35] He was authorized to do investigations. He was authorized to do searches. He was authorized to use his weapon when appropriate. In order to become a boarding officer, he attended Fleksy in Charleston, the federal law enforcement training center. Y'all know that acronym. At Fleksy, he took the training that allowed him to do the law enforcement activities that he did for 10 years or nine years. He learned how to do searches and seizures. He learned what probable cause was a legal term that you'll hear more about. He learned how to use firearms in a safe, effective way. He learned how to use force in compliance with his training. The training he had was not just classroom training at Fleksy. It is scenario based training. It is repetitive training so that if you're ever in a real life situation where you need to make use of force decisions, you're relying, not just thinking back, you're relying on muscle memory because those split seconds are often the difference between life and death. [13:31:18] But not only did Travis McMichael get training at Fleksy in all of these law enforcement activities, searches and seizures investigations report writing, use of firearms, use of force, decision making. But every year he was in the Coast Guard, he had additional training and every year in the Coast Guard when he became. Efficient enough. He then became a trainer of the trainees he was training, the trainers, he was training his fellow Coast Guardsmen on the law enforcement activities on how to be a boarding officer. After he left the Coast Guard and in 2020, Travis was working for Metz and Marine as a coxswain. He's working at the naval base, moving boats around. [13:32:19] He was living at home with his mom, Lee, and his father, Greg, his sister Lindsey, and his son, Everett, who was then three years old. He was living at home because the apartment he was living in previously had been sold by his landlord, so he needed to live back at home, save some money so he could go back out on his own again. He was living, as the state told you earlier in still a source. This is a low-tech map of the Taylor shores because I don't trust PowerPoint. You'll see a PowerPoint, but I don't trust them. So this is a regular map of a Google Earth map. Highway 17 up here. Still a drive here to 30 still drive. [13:33:12] Just to acclimate you, this is Jones Road, and I know it's hard, it's hard for all jurors maybe to see this, but you'll see this many times throughout the case and we'll talk more about the rest of it. But he lived on satellite until a drive in satellite shores. So, Tila Shores is a quiet, scenic middle class neighborhood, the kind of neighborhood where parents let the kids ride around on their bikes, the kind of neighborhood where, when you're my age, go for a walk after dinner. The kind of neighborhood that we all kind of aspire to live in, it's safe, it's beautiful. You work in the yard, you play on the river. This is the family and community that Travis McMichael felt a duty and responsibility to during the course of events in 2019 and 2020. [13:34:20] This is the family and community that made him willing to put himself at risk to help the police detain a mod Arbery. The video that you watched probably five times in the state's opening statement doesn't even begin to tell the story in this case. It's like looking through that knot hole in the fence and thinking you see the whole baseball field and you really only see the outfield. The case really begins months before in 2019, because satellite assures was a neighborhood on edge crime had gone up. It wasn't violent crime, it was property crimes, the kind of crimes that are unsettling, the kind of crimes that are scary because you don't know who's coming on to your property, who's in your car ransacking it, who's breaking into your buildings, who's stealing your lawnmowers or your guns. [13:35:31] And so the neighborhood was on edge. So much so that behaviors began to change by the neighbors, kids were not allowed some kids to play outside after dark. Residents of Seattle assures installed home surveillance cameras to catch the thieves that were taking their property, and neighbors instill assures felt a duty and responsibility to each other to post on the neighborhood pages. Facebook and next door about the crime that was happening, and you'll hear about that. The types of posts that you saw on these pages includes this is ridiculous. My daughter always freaks out. It's getting old. I'm nervous. Lock your cars. [13:36:34] These are actual posts from those that neighborhood Facebook page. As a result of this uptick in crime of people being on edge, people were alert to suspicious behavior. In July of 2019, Travis McMichael and Greg McMichael were alert to suspicious behavior long before ever encountering a Mod Arbery. In July of 2019, Travis McMichael, who was at that point running a little charter boat, taking people out tourists out on the river in the marshes was on his boat with some gas when he went under the Fancy Bluffs bridge that you heard about earlier. [13:37:26] There he saw a homeless man who had lots of stuff around him in a tarp stuff, the kind of stuff that made Travis look twice and may Travis feel suspicious that maybe this was the guy who was taking the stuff out of our neighborhood. So he dropped off. His guests eventually went home, got in the car with his father, Greg, and they drove to the area under the Fancy Bluffs bridge. There they saw the man, and what you see up here is the car basically what's called a CAD report. It's basically a report made of Greg McMichaels 9-1-1 call to the Glen County police to say, Hey, basically there's a guy under the bridge we think is responsible. Could you please investigate? And the police, did they send an officer out there Speaker 3 [13:38:25] and Bob Rubin [13:38:26] really nothing of note was found and the investigation ended? But the break ins the theft didn't end, especially for a man named Larry English for Mr English, who was only beginning Larry English, as you heard, lives in Douglas, Georgia. He was so excited to have a weekend home. Instill a assures on this beautiful little santillo river. He built a home. He was going to use it for weekends and vacations with his wife, Amy, his daughter Laura, his son Hoyts. And so it took time, delays and all that with contractors and himself having issues with health. But he started building a home in Seattle, assures for use as a vacation. Place a getaway. He built a dock. Bob Rubin [13:39:30] His home is Bob Rubin [13:39:33] where the dock on the river. He had a boat on a hoist at the dock and he had a large offshore boat in his RV garage in that garage, Bob Rubin [13:39:46] and I promised not to touch the screen. Bob Rubin [13:39:50] Is this large garage, but that's where he kept. It's called RV a garage, but it's really a boat garage from Mr English. Eventually, because of some advice from his neighbor, Kenny Wade, who lived next door, he installed a camera at the dock and one on the back of his house, which you can't see from this photo. He was concerned about liability because kids were playing out there and they were, you know, they would take his scraps of wood. They would hang out by the dock. But he was also concerned about theft because he had valuables at his house. He had two boats, sometimes three boats, and he parked his camper on the property. [13:40:34] You can't see in the picture, but you'll see eventually his camper that he stayed in, sometimes alone, sometimes with his wife and kids when they came to the house, either to work on it or to play at it. So he was concerned about all of this when he installed those cameras. Over the course of the next three four months. He saw on his cameras at night a Mod Arbery four times. The first time, and this is the first time his camera alerted and at all was October 25th, 2019. Now remember he's in Douglas, Georgia. He has a cell phone. When his camera spots somebody, he gets an alert on his cell phone. This is a photograph of a model, Aubrey, on his dock. October 25th, 2019, he gets this alert. [13:41:44] He sees this man. He calls Glenn County Police Department can't call 9-1-1 because no one would go to Douglas police, but he calls the 911 number for Glynn County Police. And he's scary, and he's concerned. What is this guy doing at my house at night? There is no legitimate reason, according to Mr English, for this man to be at his house where his boats are stored, where his camper is, is parked at night and he calls the police. He's concerned not only for his stuff, but he's concerned for his family because what if Amy was there at the camper alone? [13:42:36] What if his daughter Laura was there sleeping there that night and she walks outside and bumps into this intruder and he gets scared and he panics and she panics, and something really, really awful happens. These are the thoughts that went through Larry English, his mind. When he sees this intruder in his house on October 25th, 2019, he calls back Glenn County a second time after this initial call. Bob Rubin [13:43:07] Go back a little bit, OK? Bob Rubin [13:43:11] Because he calls the police to tell them that the man who is on the dock. And he describes them as plundering around, describes his tattoos, describes his hair twists. The man who was in his house plundering around has now gone across the street towards his other neighbor's house. He describes it as a, I think, whitish yellowish house. It's Subi Lawrence's house. It's a neighbor. He knows Subic as a single mom. She's a mother of three boys. [13:43:48] The boys who play outside and ride their bikes in and steal Larry English scraps of wood for their skateboard ramp are there for it, for whatever they're doing. This is who Mr English sees and who he's concerned about, and he wants the police to to to confront this man and tell him, don't come back. You don't see him take anything. Remember, he's only got cameras on the back of the house right now. One camera back in the house, one camera at the dock. He wants him removed by the time police come, and I think it's Officer Rash who responds that first time. Robert Rash and you'll hear from Officer Rash. No sign of Mr Arbery. [13:44:36] Man, we later find out as a mob of Arbery. No sign. Now he's OK with curiosity seekers coming to his house. We've all done it. You see a house under construction. It looks kind of interesting. What's what are the neighbors building? What are they adding on? What's the staircase going to look like? He's OK with all that. He's OK with the kids coming in during the daytime, taking the scraps of wood. It didn't matter to him. What concerns him was there is no reason that's legitimate to be there at night. And that's why he calls the police. Sometime after October 25th, Mr English is on a ladder in his RV garage, looks in his offshore boat and realizes his satellite system, his yeti cooler and his microphone system are gone, taken out of the boat. He doesn't know who did it. He does know the HVAC guys were in that area, installing some of the some of the nut pipes, some of the system in there. He also knows the black male from October 25th was in there, and so he's suspicious. But what can he do? [13:46:09] The next alert on his phone is November 17th. OK. November 17th, a white couple comes on this property at night, 10 o'clock at night. They park out by the porta potty that you saw in the earlier picture. The man has his belt unbuckled. Odd comes in the house and he calls 9-1-1. And he says about a week and a half to two weeks ago, I had my stuff stolen. This is now November 17th week and a half two weeks ago is pretty close to October 25th. I've had my stuff stolen there in the same area, they're they're they're going around where the RV, where the boat is in the RV garage, please send an officer out. Officers go out. The couple is gone. They see nothing. Mr English is upset and he's frustrated. [13:47:17] He has valuable stored at the house. Stuff has been stolen. Now, two people have been seen on his cameras three people, two white people and a black male. And so the next morning, November 18th, he goes and he gets his boat and he hauls it away. Figures. I just can't keep valuables in this house that's open, but is owned by him with his valuables. And so he takes the boat away. That very night, November 18th. He sees the same black male he saw on October 25th. The man we now know is a Mod Arbery. He's back again. He's seen around the boat, not the big offshore boat, but the other boats. And according to Mr English, he's plundering around again. He calls Glen County Police again. Glen County Police arrive again and again. Mr. Arbery gets away without being confronted by the police. And Mr English is frustrated. Bob Rubin [13:48:42] Of course. Bob Rubin [13:48:45] He's so frustrated that the very next day, November 19th. These are all out of order. And this is why we don't use technology. All right. November 18, 2019. This is the night he sees a moderate for the second time. There's somebody back on the property again tonight, black man not wearing a shirt in late November. Got tattoos on his arms and a pair of light colored shorts. He's wandering in the carport, looking in the boat, not the offshore boat, the smaller boat, the same guy that was here about a week and a half two weeks ago. The date night before he's calling police, saying my stuff was stolen a week and a half, two weeks Bob Rubin [13:49:34] before Bob Rubin [13:49:36] he kind of looks like he's up to no good. He's on three different people's cameras in the neighborhood. This is Larry English's 9-1-1 call on November 18, 2019. November 19th, the very next day, he has an exchange through text message with his two doors down neighbor Diego Perez. Diego Perez is another person who believes it's his duty and responsibility to look out not just for himself, but for his neighbors. And so Diego has this conversation with Larry English. This is a printout from an extraction from Larry English's phone. [13:50:23] So and you'll see this in evidence and it's out of order the way it's printed out. So I'm going to kind of walk you through it because the first exchange is from Larry English. He sends Diego Perez clips of the videos from the white couple on the 17th of November and the black male on the 18th of November. And he says to Diego Perez, who he just knows, as Diego still assures, that's how he's in his phone. They're not friends. They're just neighbors. Good neighbors. And he says to Diego, Have you seen these people in the neighborhood? Diego says, No, sir, I can't say I've ever seen them in the neighborhood, but I'll keep an eye out. [13:51:04] I can respond in mere seconds because he's only two doors down. With your permission, Larry English says, you have my permission. And Diego says I may be able to intercept them or pen them up for the police. I may be able to intercept them or pen them up for the police. Diego Perez is taking it upon himself. If he can to perform a citizen's arrest, I'm going to hold them until the police come. And Larry English's response to that? Thank you. Because seconds count, Diego Perez knows that Larry English now knows it because three times he's tried to catch his intruders and three times he's failed because the police just get there too late. As Diego Perez artfully put it, when seconds count, the police are minutes away. And so he needs the help of Diego Perez and other neighbors. Officer Rash, who responds to these calls, he canvasses the neighborhood, he's trying to catch this guy. [13:52:35] And so he canvasses the neighborhood using stills from the video, have you seen this guy? Do you know him? Can you help me help Larry English? And no one knows. He's not jogging in the neighborhood. No one's ever seen him. The only time we see a Arbery in satellite shores is at night on these cameras. And remember, people have cameras in the neighborhood. If he was in there jogging in the daytime, you would see evidence of that. So November 19th, Diego Perez helps offers to help office, Arash canvasses the neighborhood. He's still a mystery. He is, at this point, a scary mystery because he's plundering around Larry English's house and now everybody knows it. Officer Rash has canvased the neighborhood. Larry English is talking to neighbors like Matt Al Benzie, like sub Lawrence, like his neighbor Diego and his wife, Brooke Perez. It's being posted on Facebook on the neighborhood Facebook page. Word is out, that stuff was stolen from Larry English's house. [13:54:06] Parked in his RV garage. Now I want to be clear. In May. After Travis McMichael was arrested, Larry English realizes he doesn't really know when the stuff was stolen. It was back in Douglas. It was in the House on satellite drive. But what he was telling people in October, November, December, January, February 2020 is that this stuff was taken out of my boat, parked at my house on satellite drive. That's what the neighbors knew from Larry English and Officer Rash. He's back at the House, a Arbery on December 17th. This is now the third time seen on camera at Larry English's House. He's at night. He has no legitimate reason for being there. And remember, although you're seeing him through infrared cameras, it is pitch black in that house. There is no light. There's no lights on. [13:55:21] There's no light switch, no light bulbs. It is pitch dark. And on December 17th, the Aubrey is seen plundering around again, again in the area where the boats were located in that RV garage. Police are not called that night. There is no 9-1-1 call. Larry English can't remember why he didn't call police. He may have been sick and not seen this video until much later. And you saw the clip of the video with Ahmad Aubrey walking outside the house, looking around again and taking off into the neighborhood. And the question remains, was he out for a jog ten o'clock at night, December 17th? Or was he doing something else? And we'll never know. But it sure does look suspicious. [13:56:28] The next time he's seen in Larry English's House. It's February 11th, 2020. This is now the fourth time in the House. But this time is different, because this time it's not Larry English who calls the police. It's Travis McMichael. The state got the facts a little bit wrong. So let me correct them, Travis McMichael was going out that night about 7:30 at night. It's dark to get gas fill up his car before the next day. He had to be at work early, so he was just going to fill up his car that night so he wouldn't have to wake up so early in the morning, the next day on his way up the street and Bob Rubin [13:57:24] he's at two 30 to tell them This is the exit up here. This just English house, Bob Rubin [13:57:29] as he gets up here, he sees a figure dart across the street and this figure now he realizes it's a man is lurking in the shadows 25 to 30 feet. From the street, kind of staying in the shadows very furtively catches Travis's attention. He has no idea who this is. He's never met Amad Arbery. But he sees this guy and he sees this guy kind of running across the lawn. It's really that initially the house next door, kind of a Spanish style house, he runs across the yard and he hides behind that red porta potty that you saw in that photograph. [13:58:12] I was like, This is not good. We know about a guy intruding and Larry English's house, and he stops his car and he kind of aims his headlights at the porta potty. And knowing there is no legitimate reason for this man to be there, he starts to get out of his car to ask them why he's there. Well, this guy steps out from the porta potty. And he reaches with his left hand, I believe, into his waist. As if reaching for a weapon. Scares the heck out of Travis. He sees this he's he's trying to get out, gets in his car, puts it in reverse stalls because he's so startled. Eventually backs up and gets home where he calls 9-1-1. And this is what he says. This is the 911 call, we're going to play the whole thing because it's too long. Bob Rubin [13:59:15] Yeah, now see, that's here in my hand. If it was around 2:30, would you that we're going to be there forever? Would our neighborhood? And I just told them, what an insurance salesman bill you have to pay. But if you took it into their house and they do it by the black male shirt and shorts. And you saw that. But now let me get you in. What's been happening here? Travis McMichael, 43, for 37. All right. Where are you at out? On the street, off the street? My job to help you answer. There's another way for you to let someone who you never see your okay. And I don't mean to interrupt you, but I always said if they ran into the house, so I don't know if he's on or not. I do that like he was so well. You know my. We're talking anyway. Junta, who believes that if Bob Rubin [14:01:21] he goes on to say later on as about three or four minutes later, so we don't need to waste your time as we've been having a lot of burglaries and break ins around here lately. So now here we are, this guy who has seen Travis see him. And seen Travis drive away. Still has the audacity, the brazenness to go into the English house. Travis's home calling 9-1-1. Greg McMichael overhears and he starts going up to the English house and he's got his firearm with him and Travis's, whoa, whoa, Bob Rubin [14:02:06] whoa, Bob Rubin [14:02:07] slow down. Turns out Travis ends up going up there with him and Travis has his firearm. Diego Perez, who by now has been alerted by Larry English with his video clips. He goes out there. He's armed. These neighbors are going to Larry English's house, not because it's fun at eight o'clock at night in February and still assures that because it's their duty and responsibility to each other, to protect each other, to do what they can to help the police stop the guy who's plundering around. Breaking into Larry English's house. Officer Rash gets called, they are all out. Officer Rash to other officers. Diego Perez, Greg McMichael, Travis McMichael all out trying to find the guy. Amadou Arbery, who's now for the fourth time in Larry English's house. After Ash appreciates the help. He never tells Greg McMichael, Travis McMichael or Diego Perez, Hey, guys, let the police handle this. We got this no problem. [14:03:27] You guys go home. He never tells them, Hey, put those guns away. We don't need guns out here. Don't carry guns around. He doesn't say that. He doesn't say, No, you guys cannot stop and detain this guy if you catch them. That's a police job because it is a citizen's job. To help the police and the law authorizes that. He tells Greg McMichael and Travis McMichael that Larry English says nothing was stolen, but these guys know stuff was stolen. [14:04:07] Everybody knows it. Larry Inglis has already told everybody to be Matt, Diego, Brooke and that Beasley. Ronnie Olson rash has been around. We all know it. Stuff has been stolen. So now here we are. Here are facts, not assumptions. Travis McMichael has now seen a moderate face to face for the first time. In Larry at Larry King's House and then in Larry King's His House, he's had a firsthand encounter. He knows that Amanda Aubrey has been lurking around that house for no legitimate reason, not authorized to be there. [14:04:49] He's not working on the house, not doing anything but plundering around the house. He knows stuff has been stolen. It's not. It's probably the paper. These things have a mind of their own sort to make sure he knows stuff has been stolen because Larry English has told everybody that. He knows this guy has the audacity to go in the House despite knowing people are around and watching him. He knows he's possibly armed because he made that move to his left hand pocket waist. He has probable cause to believe a burglary has been committed. [14:05:37] What is burglary? Let's go back one slide burglary is entering a dwelling, whether occupied or not. The fact that it's open without doors means nothing. It's any dwelling, any building structure, whether occupied or not, without authority with the intent to commit a felony or theft. You don't actually to commit a burglary have to take anything. It is the intent to take something or to commit another felony that makes it a burglary. Travis McMichael has probable cause based on his training of what probable cause is to believe Amad Arbery is a burglar. Probable cause. What does it mean? It is the level of suspicion. Bob Rubin [14:06:35] At this point in time, this is. Bob Rubin [14:06:41] I have an objection at this point in time to this being the law and the law is going to come from the court and this has not been. How about after I put this approved on any level Bob Rubin [14:06:50] by the court? Well, let me make it clear this is what Travis McMichael understood from his training was the definition of probable cause. Bob Rubin [14:06:58] OK, so Bob Rubin [14:06:58] the N-word, Bob Rubin [14:06:58] for sure. Ladies and gentlemen, as I indicated to you, the court will actually charge you on the law during the presentation here. The representation is made on what the law is. Again, the court you will you will receive that from the court. You will not be receiving that from counsel. So if we could please couch the argument in those terms? Yes, sir. Bob Rubin [14:07:20] And this is not what I understand. Probable cause to be. This is what Travis McMichael, from his 10 years in the Coast Guard, understands probable cause to be the level of suspicion that would cause a reasonable and prudent person to believe that a crime has been committed under the totality of the circumstances. That's it. It's a level of suspicion that you would need under the totality of the circumstances to believe that a crime was committed. [14:07:57] That's where Travis McMichael sat. As of February 11th, 2020. The next time we see a model, Aubrey in Seattle assures his February 23rd. It's a beautiful day, kind of a warm February day in Brunswick. Travis McMichael around midday around one o'clock is on the couch in his living room, trying to get Everett to take a nap. Three year old son so he's doing the strategies that parents do. He has Everett. Every other week, he shares custody with Abbott's mom. On this Sunday, he's trying to get Everett to go to sleep. [14:08:46] Greg is in the front yard in the driveway, upholstery posturing, his boat cushions. It is a pleasant, uneventful Sunday morning leading into Sunday afternoon. While they're doing that and Mod Arbery is walking into the neighborhood, not jogging. Not running. Walking into the neighborhood, walking into Larry English's front yard. Where he stands there, and this is the view from Ronnie Olson's house across the street where he stands there, looks around. And walks into the house. While he's doing that, Matt Albanese is in his yard. Dow Jones is down here. You can see directly into Larry English, his yard. He is aware of the break ins in the larynx, his house. He is aware of the items stolen from Larry English, but he's out splitting logs. Tree had fallen in his yard, so he's breaking up the tree. He sees this guy that looks like the guy from the video clips. [14:10:05] Fact is, the guy from the video clips walking into Larry King's His House. He grabs his gun, puts in his pocket, grabs his cell phone, walks down Jones to an oak tree. This. Across the street from Larynx, his house, and he calls 9-1-1 while he's calling 9-1-1. He sees a man, Aubrey, through the windows in larynx, his house. He doesn't know what he's doing in there, but he knows this guy has been there at night four times prior. He knows stuff is stolen. So he's calling the police. He makes he believes, eye contact with the mod Aubrey. The next thing he sees is a Mod Arbery sprint out of that house. He is not jogging. He is running away into the neighborhood, possibly armed. Based on prior experience. He is sprinting at what turns out to be about a six minute mile, it's fast and he's got long strides. [14:11:31] That view is from Diego Perez's surveillance camera. He runs right past Greg McMichaels Yard. Greg McMichael sees him. Greg McMichael is aware of the things that have happened that we've talked about. Greg McMichael sees him tearing, hauling ass down the road, and he knows what's up. And he goes inside and he tells Travis Travis, the guy the guy is running down the street, the guy they know who it is. And I'm guessing it's not some random guy running down the street. It's the guy and they turn out to be right. [14:12:10] It is the guy, the same guy. Four previous times at night, they grabbed their guns. Now, why did Travis McMichael grab a shotgun? Because 12 days earlier, he confronts this guy trying to help Larry English and this guy reaches into his pocket like he has a gun, so he grabs his shotgun for self-protection. And he gets in the car and he walks out in the yard, actually, and he sees Matt Albanese Bob Rubin [14:12:46] motioning down the street Bob Rubin [14:12:49] same direction of Matt Arbery was running. It gets in the car. Dad gets in in the I'm sorry, I say car. It's a truck Ford F-150 and climbs into the car seat because when seconds count, the police are often minutes away. The police are not going to catch this guy at the speed he's running. So they're going to try to detain him for the police. What happens after that? It's up to the police. So they encounter a Modbury. On Burford, the first encounter is at three a.m. Burford. This is what it looks like. You saw the video of Let's, let's go back to their. They're there to detain a Mod Arbery for the police, this is what the law allows. A private person may arrest an offender if the offenses committed in his presence or immediate knowledge. And that applies to felonies or misdemeanors. But there's a second sentence the state didn't tell you about Bob Rubin [14:14:10] the Bob Rubin [14:14:10] second sentences. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion. That's why Travis McMichael and Greg McMichael sought to detain him, Arbery. There was no crime committed in their presence. We're not contending there was a crime committed in their presence, but there was probable cause to believe a felony had been committed. [14:14:45] And that this man was attempting to escape or flee. That's why citizen's arrest is in this case. There are three encounters with a Aubrey on Burford. The first one is in front of Brian's House, where you are, Brian. I shouldn't calm Roddy. I don't know. Mr Bryant's house. Travis McMichael pulls up alongside the Model Arbery. To stop. Whoa, I want to talk to you. What were you doing back there? What's going on? And I'm not, Ari says zero. He don't say, Hey man, I'm just out for a jog. He don't say, Hey, leave me alone. He doesn't say back off. He doesn't say, Hey, come, don't say anything. He just looks at Travis and he goes back the other way. [14:15:43] Travis backs his truck up, says, Whoa, whoa, whoa, stop and talk to you. Matt Aubrey looks at him and Bolts doesn't say anything, doesn't say, leave me alone and say, Hey, good morning. Good afternoon. He just bolts. At this time, there is no gun. The shotgun that Travis Scott is is stuck between the seats. Greg's gun is on his holster. There's no gun being pointed at Mr. Arbery. There's no like, Hey, stop at the point of a pistol or a shotgun. There's no gun, Mr. Arby's not even aware of any gun. That point because no gun has been shown. They go down, Burford, they pull up to him again in Burford, by the way. Still, the drive Bob Rubin [14:16:36] turns kind of a little jog turns into the go down Burford Bob Rubin [14:16:40] a little ways more. Whoa, stop. We want to talk to you. Stop the we called the police. Police are coming. When Mr. Arbery hears Travis McMichael say, we call the police, police are coming. He bolts back the other way towards Ronnie Bryant's house back towards Satel Drive. They stopped the truck, put it in park. Greg McMichael does get out and he gets in the bed because he's cramped into the child seat. Tasman Michael gets out and he looks down the road Bob Rubin [14:17:20] like, what the heck? Want to talk to this guy? Just in Bob Rubin [14:17:26] suspect, coming out of English is how he sees Albanese Benzie moving. We know it's the guy from the night 12 days before he's back again. And he looks down the street and he sees a mob, Arbery trying to get into Roddy O'Brien's truck to Mr Bryan's truck. He's interacting with the truck and he doesn't know who that Black Silverado truck it belongs to. He doesn't know Roddy Brian. He's never met him. He doesn't know his truck. [14:18:00] So he sees this black Silverado, and he sees them out trying to get in it. And he expects to hear a gunshot because he thinks the model is armed. Like he pretended to be on the 11th. And he's fearful that this guy whose name he doesn't know will try to shoot the owner of the truck and take the truck. And so that scares him. This attacking the truck worrisome his dad, says, Travis, go back, go back. Says No Dad, just go around and go around Zeller Wood, you've heard the name. There was no further down here. I see this interaction back here. Bob Rubin [14:18:39] They didn't go around Zewe, you know, and take a left on homes. Bob Rubin [14:18:45] Now they don't know where either the Black Silverado is or what that has to do with anything or where Amad Arbery is. So going down is going down. Holmes is not with the intention Bob Rubin [14:18:58] of Bob Rubin [14:18:59] trapping Arbery. It's with the intention of strategically planting yourself so you can kind of help the police see the neighborhood as they go down Holmes drive at a slow rate. They see a mad Arbery running in front of the truck. Travis McMichael drives past him, doesn't say anything to him. Arbery doesn't shout at him, just kind of drives past them watching to see what this guy is going to do. Again, no gun, no shotgun, no pistol is brandished, pointed in any way shown to Mr. Arbery. Three times on before they encountered Mr. Arbery. Now, once on homes, no gun. They go down to the bottom of homes Bob Rubin [14:19:54] towards the stop sign Bob Rubin [14:19:56] and stop the car. They don't know where Mr. Arbery is at this point because he's around a dog lake. That's the picture of Holmes Drive looking up at from Travis McMichaels Vantage. And you can see where the road kind of dog legs to the right and past that dog, like you can't see what's happening. But at that point, Travis McMichael can now strategically see Sotelo drive his road where his family is located. Burford and Holmes. So if the police get there, which he thinks they're coming any minute, he can tell them, I don't see him in these directions. He's that way where I do see him and he's in one of these streets. [14:20:44] That's why he stops while he stop there, gets out of his truck. Greg is still on the bed and they see him out, Arbery coming out. And Travis is like, Whoa, stop, stop, whoa, whoa, whoa, whoa, stop. And my heart rate keeps running. Adam Travis keeps yelling, Stop, stop, stop. And then he reaches into his car. And this is a model we flipped and go back around the. That's his gun and his cell phone, and he says, Dad, when are the police getting here? He says I didn't call 9-1-1. Travis dialed 9-1-1 and gives his dad his phone. And that's why we have a morning call because Travis McMichael had his phone and thought to call the police. Where are they? Before the first shot is fired, they call the police. That is not evidence of an intent to murder. While Travis is out there now, he has his gun for protection because this guy has run at him has acted bizarrely is not said a word yet that he could tell. [14:22:07] And now a modern buddy is running back. Travis's training taught him to show a weapon, not to use a weapon, to show a weapon because that is a way to de-escalate violence in the normal situation, you show someone you have a weapon. You get compliance. You don't need to go any further. And so he stands there at the low ready position, not pointing his weapon and a moderate is running. And he's running at Travis McMichael. Stop. Stop. Get down. Stop. This guy is not stopping, and Travis knows. That this guy is not going to stop, he's not predictable, he's going to be on him in seconds if he doesn't do something. [14:23:00] Please, please turn, please go up to Tila. This is where we are. I'm not sure we had a clear path to a scintilla. Travis is down here. You could cut across there. He doesn't cut across. He's coming at him. And yes, at about 20 yards, he raises the weapon because he knows about we can be on him. And he's hoping that by raising the weapon, he will de-escalate the situation. Who's going to attack a guy pointing a shotgun? If he wanted to kill him? That was an open shot. He didn't shoot, he didn't shoot his weapon. He was trying to de-escalate the situation in compliance with his nine years of training in the Coast Guard, same training police officers get. You see his Bob Rubin [14:23:54] just go back to that one before Bob Rubin [14:23:57] the gun is down and you saw this a little bit. You can see that the white forearm of Travis McMichael removed this map. Bob Rubin [14:24:07] I'll turn this to give him a better look. Bob Rubin [14:24:13] It's OK. I don't care if it doesn't even face them, and people will not turn it on. I didn't see do OK. So be careful Bob Rubin [14:24:20] because they're going to. Bob Rubin [14:24:27] Lost, you'll see this. Bob Rubin [14:24:30] Hold on, hold on, I'm sorry, I'm sorry. Next time, ask you to stop. Please stop. Oh, I should just be careful. You know, just yeah. The point is, let's not keep moving stuff around. I just if you're going to be doing something just to let everybody know what's going on. OK, OK. You know, the point was last time this was touched not by Mr. Koski, but generally in other matters before the court with lost it. So if we can before we just start moving things around Bob Rubin [14:24:55] with the court, I don't touch it. Bob Rubin [14:24:57] Well, no, Mr. Rubin doesn't touch it. Touch me, and I don't know. It can't show. I'm very touchy about no note, no pun intended about some of this electronics in here. As Mr. Rubin has alluded to, we've lost connections and all sorts of problems, so we're trying to make sure these presentations flow. So I don't think they're going to catch up. But if everybody could let me know if we're doing that, Bob Rubin [14:25:22] this is a fuzzy picture. You'll have you'll have pictures in this in the video throughout. The course of the trial is his arm is down and you can see the white forearm. You can see the driveway here. Travis Muncher. Bob Rubin [14:25:39] We lost the sideline. There have one. OK over your shoulder now, OK? That's the other issues. Bob Rubin [14:25:45] And I know it's awkward. Yeah, yeah, we can speak loud. Sorry. So there's a driveway here, and Travis McMichael is across from another driveway. Bob Rubin [14:25:57] You'll see it's Bob Rubin [14:25:58] about 60 20 yards away, and he knows how quickly someone can cover 20 yards in seconds. An unarmed person can take a weapon away and kill a police officer or a civilian in seconds, even from 20 yards away, even an armed person from 20 yards away. So he raises his weapon and the next slide and you see the distance. Because he wants the guy to stop, not because he wants to hurt a model. He's not looking for an encounter. If he wanted to hurt somebody, he would have fired on Burford on homes or now down here at the bottom. A moderate doesn't stop. [14:26:54] He doesn't say, well, hey, I'm good. He doesn't say anything. And he doesn't stop. Instead, he goes around the truck to the right hand side, the passenger side. And at that point, Travis McMichael can't see his hands. Remember, he still thinks this guy could be armed because I saw this guy at least pretend he was on the 11th. He doesn't know, and he can't see his hands. And his dad is 64 65 year old dad who's had a stroke, is on the bed and a moderate. He could just yank them down or take a shot at him. He doesn't know. So he goes to the front of the truck to get an eye on. What's this guy going to do? [14:27:44] Good Lord, I hope he just keeps running. Go up, satellite. But he doesn't know, so it goes to the front and within a split second. A macabre makes a left, not a right, makes a left and is on Travis. Such that Travis has no choice but to fire his weapon in self-defense, and that shot is a contact or near a contact wound, meaning a mod Arbery is on him. You'll hear that from Brian Leppert of the GBI Crime Lab that first shot. Which we can't really see, because it's videotape through to windshields. Ronnie Brian's windshield and Travis McMichaels windshield there in front of the truck when they collide, when a minority makes a left. [14:28:41] He's on Travis and Travis has to fire because at that point it's his life or Madama life. And the only thing is weird the way the mind works. The only thing he can think of at that point is Everett kind of flashes through his mind. My three, then three year old son, so he fires. He pulls down the weapon, trying to get it away because because my arm is not stopped, that gunshot, which he knows was near his chest. This, he believes it in this. In this melee, he pulls it down and pulls back. You'll see from the video he goes backwards out of frame because Arbery is rushing him death. He fires another shot off from. You see smoke. You see something spray. And you see a minority swinging wildly, and he's hitting travel as you see him hit with his right hand in the trousers, head neck. [14:29:40] He's pounding Travis McMichael while Travis is trying to get the gun away. And Travis fires two more times, and you've seen that. It's a horrible, horrible video and it's tragic. It's tragic that a mother every lost his life. But at that point. Travis McMichael is acting in self-defense. He did not want to encounter a mob, Arbery. Physically, he was only trying to stop him for the police. Self-Defense. Is defined. And the court will charge you later. Bob Rubin [14:30:37] Your honor, I'm objecting again, Mr., of just how giving them the law in self-defense it is. Bob Rubin [14:30:42] We are allowed to get along an opening statement, just as the state did in its opening. Bob Rubin [14:30:46] But we need to be very clear because again, we haven't gone through a charge conference in this case. So let's be clear about it that this is not the charge. Bob Rubin [14:30:56] So I expect you'll be charged on self-defense, and I expect this is what you'll be charged, be told by the judge. A person is justified in using force, which is intended or likely to cause death or great bodily harm. Only if he reasonably believes that such force is necessary to prevent death or great bodily injury to himself or to a third person. At the time, the shots are fired. Travis McMichael reasonably believes because a moderate is on him, aggressively swinging, wildly grabbing ahold of him, grabbing hold of the gun reasonably believes he is justified in firing his weapon. Knowing it's going to, it's going to kill him is going to at least hurt him. Knows that. He has no choice because if this guy gets his gun. Bob Rubin [14:31:56] He's dead or his dad's dead. Bob Rubin [14:31:59] And what's he taught in the Coast Guard at the Maritime Law Enforcement Academy, Bob Rubin [14:32:05] never lose your weapon. Bob Rubin [14:32:11] And that's why he shoots. Travis McMichael within seconds encounters the police Officer Minshew. Officer Dugan, they arrive on scene. He cooperates fully. He does whatever they tell him to do. When they say speak, he speaks. When they say don't speak, he doesn't speak, cooperates fully. He's distraught. He's upset you see this on the video, the body cam of the officers. There's no glee at having done what he just did. It's awful. [14:32:53] He's covered in blood, I'm not Arbery's blood. And then they take him down to the station, and he cooperated fully with the police and answers every question when they tell him to write a map of where he went. He tries to write a map of where they went, when they encountered each other on Burford and in homes. And when they ask him to write a statement, he does his best to write out everything he knows to tell the police. There's been a lot written about this case, and Travis McMichaels actions doesn't matter. [14:33:31] What matters now is the evidence that you're going to hear the facts that you're going to hear in the law, that you're going to be given by Judge Wamsley. You are now the judges of the facts and the applicators of the law. In this case, the evidence shows overwhelmingly that Travis McMichael honestly and lawfully attempted to detain Amod Arbery, according to the law, and shot and killed him in self-defense. What we're asking you to do is hard, and it may be unpopular, but we're asking you to recognize your responsibility as jurors and being open to the facts and putting aside emotion and listening to the law and applying that and doing your duty. Because we think the only right verdict is not guilty on each and every count in this indictment. Thank you.
DASHCAM SHOOTING 2005
A DASHCAM CATCHES A DEADLY CONFRONTATION BETWEEN AND POLICE OFFICER AND A MAN WITH A RIFLE. DEPUTY JAMES COFFEL CHASED CHARLES LEE LAMB JR. FOR MILES AFTER ANOTHER DRIVER CALLED IN AND SAID HE HAD A GUN IN THE CAR WITH HIM. LAMB IGNORED SEVERAL WARNINGS TO DROP THE GUN AND HE POINTED IT AT THE OFFICER..THAT'S WHEN THE COP HAD NO CHOICE BUT TO SHOOT THE MAN. LAMB WAS SHOT THREE TIMES IN THE CHEST. HIS FAMILY DOESN'T KNOW WHY HE HAD THE GUN.
DUI FLEES / COP SHOOTS OUT TIRES (1988)
SUSPECT DOESN'T WANT TO TAKE POLICE OFFICER'S BREATHALYZER TEST SO HE HOPS BACK INTO CAR AND TAKES OFF - AND ANOTHER HIGH SPEED CHASE IS ON!
AHMAUD ARBERY MURDER TRIAL BRUNSWICK GA CAM 1 POOL 11052021 1300
COURTROOM FTG OF THE TRIAL IN THE AHMAUD ARBERY CASE / TRAVIS MCMICHAEL, GREGORY MCMICHAEL AND WILLIAM RODDIE BRYAN ARE CHARGED WITH THE MURDER OF AHMAUD ARBERY / CAM 1 ARBERY DEFENSE OPENING.wav Bob Rubin [13:27:58] Good afternoon. For those of you who may not remember from two weeks ago or whom I never met, my name is Bob Rubin. And along with Jason Sheffield, who I think you all met to represent Travis McMichael. This case is about duty and responsibility. Bob Rubin [13:28:25] I didn't want to interrupt you, I try to get your co-counsel, but if you could get that close to, you may wonder if we can try to get close to the microphone for the court reporter. Bob Rubin [13:28:33] Yes, sir. It's about Travis McMichaels duty and responsibility to himself. To his family and to his neighborhood. And it's about your duty and responsibility as jurors. The state talked about actions based on assumptions, I'm going to talk about facts. Facts in this case. Travis McMichael is 35 years old. He's single, and he has a five year old son named Everett from 2007 until 2016. Travis McMichael was in the United States Coast Guard. He was a boarding officer in the Coast Guard, which means he was authorized to make arrests. [13:29:35] He was authorized to do investigations. He was authorized to do searches. He was authorized to use his weapon when appropriate. In order to become a boarding officer, he attended Fleksy in Charleston, the federal law enforcement training center. Y'all know that acronym. At Fleksy, he took the training that allowed him to do the law enforcement activities that he did for 10 years or nine years. He learned how to do searches and seizures. He learned what probable cause was a legal term that you'll hear more about. He learned how to use firearms in a safe, effective way. He learned how to use force in compliance with his training. The training he had was not just classroom training at Fleksy. It is scenario based training. It is repetitive training so that if you're ever in a real life situation where you need to make use of force decisions, you're relying, not just thinking back, you're relying on muscle memory because those split seconds are often the difference between life and death. [13:31:18] But not only did Travis McMichael get training at Fleksy in all of these law enforcement activities, searches and seizures investigations report writing, use of firearms, use of force, decision making. But every year he was in the Coast Guard, he had additional training and every year in the Coast Guard when he became. Efficient enough. He then became a trainer of the trainees he was training, the trainers, he was training his fellow Coast Guardsmen on the law enforcement activities on how to be a boarding officer. After he left the Coast Guard and in 2020, Travis was working for Metz and Marine as a coxswain. He's working at the naval base, moving boats around. [13:32:19] He was living at home with his mom, Lee, and his father, Greg, his sister Lindsey, and his son, Everett, who was then three years old. He was living at home because the apartment he was living in previously had been sold by his landlord, so he needed to live back at home, save some money so he could go back out on his own again. He was living, as the state told you earlier in still a source. This is a low-tech map of the Taylor shores because I don't trust PowerPoint. You'll see a PowerPoint, but I don't trust them. So this is a regular map of a Google Earth map. Highway 17 up here. Still a drive here to 30 still drive. [13:33:12] Just to acclimate you, this is Jones Road, and I know it's hard, it's hard for all jurors maybe to see this, but you'll see this many times throughout the case and we'll talk more about the rest of it. But he lived on satellite until a drive in satellite shores. So, Tila Shores is a quiet, scenic middle class neighborhood, the kind of neighborhood where parents let the kids ride around on their bikes, the kind of neighborhood where, when you're my age, go for a walk after dinner. The kind of neighborhood that we all kind of aspire to live in, it's safe, it's beautiful. You work in the yard, you play on the river. This is the family and community that Travis McMichael felt a duty and responsibility to during the course of events in 2019 and 2020. [13:34:20] This is the family and community that made him willing to put himself at risk to help the police detain a mod Arbery. The video that you watched probably five times in the state's opening statement doesn't even begin to tell the story in this case. It's like looking through that knot hole in the fence and thinking you see the whole baseball field and you really only see the outfield. The case really begins months before in 2019, because satellite assures was a neighborhood on edge crime had gone up. It wasn't violent crime, it was property crimes, the kind of crimes that are unsettling, the kind of crimes that are scary because you don't know who's coming on to your property, who's in your car ransacking it, who's breaking into your buildings, who's stealing your lawnmowers or your guns. [13:35:31] And so the neighborhood was on edge. So much so that behaviors began to change by the neighbors, kids were not allowed some kids to play outside after dark. Residents of Seattle assures installed home surveillance cameras to catch the thieves that were taking their property, and neighbors instill assures felt a duty and responsibility to each other to post on the neighborhood pages. Facebook and next door about the crime that was happening, and you'll hear about that. The types of posts that you saw on these pages includes this is ridiculous. My daughter always freaks out. It's getting old. I'm nervous. Lock your cars. [13:36:34] These are actual posts from those that neighborhood Facebook page. As a result of this uptick in crime of people being on edge, people were alert to suspicious behavior. In July of 2019, Travis McMichael and Greg McMichael were alert to suspicious behavior long before ever encountering a Mod Arbery. In July of 2019, Travis McMichael, who was at that point running a little charter boat, taking people out tourists out on the river in the marshes was on his boat with some gas when he went under the Fancy Bluffs bridge that you heard about earlier. [13:37:26] There he saw a homeless man who had lots of stuff around him in a tarp stuff, the kind of stuff that made Travis look twice and may Travis feel suspicious that maybe this was the guy who was taking the stuff out of our neighborhood. So he dropped off. His guests eventually went home, got in the car with his father, Greg, and they drove to the area under the Fancy Bluffs bridge. There they saw the man, and what you see up here is the car basically what's called a CAD report. It's basically a report made of Greg McMichaels 9-1-1 call to the Glen County police to say, Hey, basically there's a guy under the bridge we think is responsible. Could you please investigate? And the police, did they send an officer out there Speaker 3 [13:38:25] and Bob Rubin [13:38:26] really nothing of note was found and the investigation ended? But the break ins the theft didn't end, especially for a man named Larry English for Mr English, who was only beginning Larry English, as you heard, lives in Douglas, Georgia. He was so excited to have a weekend home. Instill a assures on this beautiful little santillo river. He built a home. He was going to use it for weekends and vacations with his wife, Amy, his daughter Laura, his son Hoyts. And so it took time, delays and all that with contractors and himself having issues with health. But he started building a home in Seattle, assures for use as a vacation. Place a getaway. He built a dock. Bob Rubin [13:39:30] His home is Bob Rubin [13:39:33] where the dock on the river. He had a boat on a hoist at the dock and he had a large offshore boat in his RV garage in that garage, Bob Rubin [13:39:46] and I promised not to touch the screen. Bob Rubin [13:39:50] Is this large garage, but that's where he kept. It's called RV a garage, but it's really a boat garage from Mr English. Eventually, because of some advice from his neighbor, Kenny Wade, who lived next door, he installed a camera at the dock and one on the back of his house, which you can't see from this photo. He was concerned about liability because kids were playing out there and they were, you know, they would take his scraps of wood. They would hang out by the dock. But he was also concerned about theft because he had valuables at his house. He had two boats, sometimes three boats, and he parked his camper on the property. [13:40:34] You can't see in the picture, but you'll see eventually his camper that he stayed in, sometimes alone, sometimes with his wife and kids when they came to the house, either to work on it or to play at it. So he was concerned about all of this when he installed those cameras. Over the course of the next three four months. He saw on his cameras at night a Mod Arbery four times. The first time, and this is the first time his camera alerted and at all was October 25th, 2019. Now remember he's in Douglas, Georgia. He has a cell phone. When his camera spots somebody, he gets an alert on his cell phone. This is a photograph of a model, Aubrey, on his dock. October 25th, 2019, he gets this alert. [13:41:44] He sees this man. He calls Glenn County Police Department can't call 9-1-1 because no one would go to Douglas police, but he calls the 911 number for Glynn County Police. And he's scary, and he's concerned. What is this guy doing at my house at night? There is no legitimate reason, according to Mr English, for this man to be at his house where his boats are stored, where his camper is, is parked at night and he calls the police. He's concerned not only for his stuff, but he's concerned for his family because what if Amy was there at the camper alone? [13:42:36] What if his daughter Laura was there sleeping there that night and she walks outside and bumps into this intruder and he gets scared and he panics and she panics, and something really, really awful happens. These are the thoughts that went through Larry English, his mind. When he sees this intruder in his house on October 25th, 2019, he calls back Glenn County a second time after this initial call. Bob Rubin [13:43:07] Go back a little bit, OK? Bob Rubin [13:43:11] Because he calls the police to tell them that the man who is on the dock. And he describes them as plundering around, describes his tattoos, describes his hair twists. The man who was in his house plundering around has now gone across the street towards his other neighbor's house. He describes it as a, I think, whitish yellowish house. It's Subi Lawrence's house. It's a neighbor. He knows Subic as a single mom. She's a mother of three boys. [13:43:48] The boys who play outside and ride their bikes in and steal Larry English scraps of wood for their skateboard ramp are there for it, for whatever they're doing. This is who Mr English sees and who he's concerned about, and he wants the police to to to confront this man and tell him, don't come back. You don't see him take anything. Remember, he's only got cameras on the back of the house right now. One camera back in the house, one camera at the dock. He wants him removed by the time police come, and I think it's Officer Rash who responds that first time. Robert Rash and you'll hear from Officer Rash. No sign of Mr Arbery. [13:44:36] Man, we later find out as a mob of Arbery. No sign. Now he's OK with curiosity seekers coming to his house. We've all done it. You see a house under construction. It looks kind of interesting. What's what are the neighbors building? What are they adding on? What's the staircase going to look like? He's OK with all that. He's OK with the kids coming in during the daytime, taking the scraps of wood. It didn't matter to him. What concerns him was there is no reason that's legitimate to be there at night. And that's why he calls the police. Sometime after October 25th, Mr English is on a ladder in his RV garage, looks in his offshore boat and realizes his satellite system, his yeti cooler and his microphone system are gone, taken out of the boat. He doesn't know who did it. He does know the HVAC guys were in that area, installing some of the some of the nut pipes, some of the system in there. He also knows the black male from October 25th was in there, and so he's suspicious. But what can he do? [13:46:09] The next alert on his phone is November 17th. OK. November 17th, a white couple comes on this property at night, 10 o'clock at night. They park out by the porta potty that you saw in the earlier picture. The man has his belt unbuckled. Odd comes in the house and he calls 9-1-1. And he says about a week and a half to two weeks ago, I had my stuff stolen. This is now November 17th week and a half two weeks ago is pretty close to October 25th. I've had my stuff stolen there in the same area, they're they're they're going around where the RV, where the boat is in the RV garage, please send an officer out. Officers go out. The couple is gone. They see nothing. Mr English is upset and he's frustrated. [13:47:17] He has valuable stored at the house. Stuff has been stolen. Now, two people have been seen on his cameras three people, two white people and a black male. And so the next morning, November 18th, he goes and he gets his boat and he hauls it away. Figures. I just can't keep valuables in this house that's open, but is owned by him with his valuables. And so he takes the boat away. That very night, November 18th. He sees the same black male he saw on October 25th. The man we now know is a Mod Arbery. He's back again. He's seen around the boat, not the big offshore boat, but the other boats. And according to Mr English, he's plundering around again. He calls Glen County Police again. Glen County Police arrive again and again. Mr. Arbery gets away without being confronted by the police. And Mr English is frustrated. Bob Rubin [13:48:42] Of course. Bob Rubin [13:48:45] He's so frustrated that the very next day, November 19th. These are all out of order. And this is why we don't use technology. All right. November 18, 2019. This is the night he sees a moderate for the second time. There's somebody back on the property again tonight, black man not wearing a shirt in late November. Got tattoos on his arms and a pair of light colored shorts. He's wandering in the carport, looking in the boat, not the offshore boat, the smaller boat, the same guy that was here about a week and a half two weeks ago. The date night before he's calling police, saying my stuff was stolen a week and a half, two weeks Bob Rubin [13:49:34] before Bob Rubin [13:49:36] he kind of looks like he's up to no good. He's on three different people's cameras in the neighborhood. This is Larry English's 9-1-1 call on November 18, 2019. November 19th, the very next day, he has an exchange through text message with his two doors down neighbor Diego Perez. Diego Perez is another person who believes it's his duty and responsibility to look out not just for himself, but for his neighbors. And so Diego has this conversation with Larry English. This is a printout from an extraction from Larry English's phone. [13:50:23] So and you'll see this in evidence and it's out of order the way it's printed out. So I'm going to kind of walk you through it because the first exchange is from Larry English. He sends Diego Perez clips of the videos from the white couple on the 17th of November and the black male on the 18th of November. And he says to Diego Perez, who he just knows, as Diego still assures, that's how he's in his phone. They're not friends. They're just neighbors. Good neighbors. And he says to Diego, Have you seen these people in the neighborhood? Diego says, No, sir, I can't say I've ever seen them in the neighborhood, but I'll keep an eye out. [13:51:04] I can respond in mere seconds because he's only two doors down. With your permission, Larry English says, you have my permission. And Diego says I may be able to intercept them or pen them up for the police. I may be able to intercept them or pen them up for the police. Diego Perez is taking it upon himself. If he can to perform a citizen's arrest, I'm going to hold them until the police come. And Larry English's response to that? Thank you. Because seconds count, Diego Perez knows that Larry English now knows it because three times he's tried to catch his intruders and three times he's failed because the police just get there too late. As Diego Perez artfully put it, when seconds count, the police are minutes away. And so he needs the help of Diego Perez and other neighbors. Officer Rash, who responds to these calls, he canvasses the neighborhood, he's trying to catch this guy. [13:52:35] And so he canvasses the neighborhood using stills from the video, have you seen this guy? Do you know him? Can you help me help Larry English? And no one knows. He's not jogging in the neighborhood. No one's ever seen him. The only time we see a Arbery in satellite shores is at night on these cameras. And remember, people have cameras in the neighborhood. If he was in there jogging in the daytime, you would see evidence of that. So November 19th, Diego Perez helps offers to help office, Arash canvasses the neighborhood. He's still a mystery. He is, at this point, a scary mystery because he's plundering around Larry English's house and now everybody knows it. Officer Rash has canvased the neighborhood. Larry English is talking to neighbors like Matt Al Benzie, like sub Lawrence, like his neighbor Diego and his wife, Brooke Perez. It's being posted on Facebook on the neighborhood Facebook page. Word is out, that stuff was stolen from Larry English's house. [13:54:06] Parked in his RV garage. Now I want to be clear. In May. After Travis McMichael was arrested, Larry English realizes he doesn't really know when the stuff was stolen. It was back in Douglas. It was in the House on satellite drive. But what he was telling people in October, November, December, January, February 2020 is that this stuff was taken out of my boat, parked at my house on satellite drive. That's what the neighbors knew from Larry English and Officer Rash. He's back at the House, a Arbery on December 17th. This is now the third time seen on camera at Larry English's House. He's at night. He has no legitimate reason for being there. And remember, although you're seeing him through infrared cameras, it is pitch black in that house. There is no light. There's no lights on. [13:55:21] There's no light switch, no light bulbs. It is pitch dark. And on December 17th, the Aubrey is seen plundering around again, again in the area where the boats were located in that RV garage. Police are not called that night. There is no 9-1-1 call. Larry English can't remember why he didn't call police. He may have been sick and not seen this video until much later. And you saw the clip of the video with Ahmad Aubrey walking outside the house, looking around again and taking off into the neighborhood. And the question remains, was he out for a jog ten o'clock at night, December 17th? Or was he doing something else? And we'll never know. But it sure does look suspicious. [13:56:28] The next time he's seen in Larry English's House. It's February 11th, 2020. This is now the fourth time in the House. But this time is different, because this time it's not Larry English who calls the police. It's Travis McMichael. The state got the facts a little bit wrong. So let me correct them, Travis McMichael was going out that night about 7:30 at night. It's dark to get gas fill up his car before the next day. He had to be at work early, so he was just going to fill up his car that night so he wouldn't have to wake up so early in the morning, the next day on his way up the street and Bob Rubin [13:57:24] he's at two 30 to tell them This is the exit up here. This just English house, Bob Rubin [13:57:29] as he gets up here, he sees a figure dart across the street and this figure now he realizes it's a man is lurking in the shadows 25 to 30 feet. From the street, kind of staying in the shadows very furtively catches Travis's attention. He has no idea who this is. He's never met Amad Arbery. But he sees this guy and he sees this guy kind of running across the lawn. It's really that initially the house next door, kind of a Spanish style house, he runs across the yard and he hides behind that red porta potty that you saw in that photograph. [13:58:12] I was like, This is not good. We know about a guy intruding and Larry English's house, and he stops his car and he kind of aims his headlights at the porta potty. And knowing there is no legitimate reason for this man to be there, he starts to get out of his car to ask them why he's there. Well, this guy steps out from the porta potty. And he reaches with his left hand, I believe, into his waist. As if reaching for a weapon. Scares the heck out of Travis. He sees this he's he's trying to get out, gets in his car, puts it in reverse stalls because he's so startled. Eventually backs up and gets home where he calls 9-1-1. And this is what he says. This is the 911 call, we're going to play the whole thing because it's too long. Bob Rubin [13:59:15] Yeah, now see, that's here in my hand. If it was around 2:30, would you that we're going to be there forever? Would our neighborhood? And I just told them, what an insurance salesman bill you have to pay. But if you took it into their house and they do it by the black male shirt and shorts. And you saw that. But now let me get you in. What's been happening here? Travis McMichael, 43, for 37. All right. Where are you at out? On the street, off the street? My job to help you answer. There's another way for you to let someone who you never see your okay. And I don't mean to interrupt you, but I always said if they ran into the house, so I don't know if he's on or not. I do that like he was so well. You know my. We're talking anyway. Junta, who believes that if Bob Rubin [14:01:21] he goes on to say later on as about three or four minutes later, so we don't need to waste your time as we've been having a lot of burglaries and break ins around here lately. So now here we are, this guy who has seen Travis see him. And seen Travis drive away. Still has the audacity, the brazenness to go into the English house. Travis's home calling 9-1-1. Greg McMichael overhears and he starts going up to the English house and he's got his firearm with him and Travis's, whoa, whoa, Bob Rubin [14:02:06] whoa, Bob Rubin [14:02:07] slow down. Turns out Travis ends up going up there with him and Travis has his firearm. Diego Perez, who by now has been alerted by Larry English with his video clips. He goes out there. He's armed. These neighbors are going to Larry English's house, not because it's fun at eight o'clock at night in February and still assures that because it's their duty and responsibility to each other, to protect each other, to do what they can to help the police stop the guy who's plundering around. Breaking into Larry English's house. Officer Rash gets called, they are all out. Officer Rash to other officers. Diego Perez, Greg McMichael, Travis McMichael all out trying to find the guy. Amadou Arbery, who's now for the fourth time in Larry English's house. After Ash appreciates the help. He never tells Greg McMichael, Travis McMichael or Diego Perez, Hey, guys, let the police handle this. We got this no problem. [14:03:27] You guys go home. He never tells them, Hey, put those guns away. We don't need guns out here. Don't carry guns around. He doesn't say that. He doesn't say, No, you guys cannot stop and detain this guy if you catch them. That's a police job because it is a citizen's job. To help the police and the law authorizes that. He tells Greg McMichael and Travis McMichael that Larry English says nothing was stolen, but these guys know stuff was stolen. [14:04:07] Everybody knows it. Larry Inglis has already told everybody to be Matt, Diego, Brooke and that Beasley. Ronnie Olson rash has been around. We all know it. Stuff has been stolen. So now here we are. Here are facts, not assumptions. Travis McMichael has now seen a moderate face to face for the first time. In Larry at Larry King's House and then in Larry King's His House, he's had a firsthand encounter. He knows that Amanda Aubrey has been lurking around that house for no legitimate reason, not authorized to be there. [14:04:49] He's not working on the house, not doing anything but plundering around the house. He knows stuff has been stolen. It's not. It's probably the paper. These things have a mind of their own sort to make sure he knows stuff has been stolen because Larry English has told everybody that. He knows this guy has the audacity to go in the House despite knowing people are around and watching him. He knows he's possibly armed because he made that move to his left hand pocket waist. He has probable cause to believe a burglary has been committed. [14:05:37] What is burglary? Let's go back one slide burglary is entering a dwelling, whether occupied or not. The fact that it's open without doors means nothing. It's any dwelling, any building structure, whether occupied or not, without authority with the intent to commit a felony or theft. You don't actually to commit a burglary have to take anything. It is the intent to take something or to commit another felony that makes it a burglary. Travis McMichael has probable cause based on his training of what probable cause is to believe Amad Arbery is a burglar. Probable cause. What does it mean? It is the level of suspicion. Bob Rubin [14:06:35] At this point in time, this is. Bob Rubin [14:06:41] I have an objection at this point in time to this being the law and the law is going to come from the court and this has not been. How about after I put this approved on any level Bob Rubin [14:06:50] by the court? Well, let me make it clear this is what Travis McMichael understood from his training was the definition of probable cause. Bob Rubin [14:06:58] OK, so Bob Rubin [14:06:58] the N-word, Bob Rubin [14:06:58] for sure. Ladies and gentlemen, as I indicated to you, the court will actually charge you on the law during the presentation here. The representation is made on what the law is. Again, the court you will you will receive that from the court. You will not be receiving that from counsel. So if we could please couch the argument in those terms? Yes, sir. Bob Rubin [14:07:20] And this is not what I understand. Probable cause to be. This is what Travis McMichael, from his 10 years in the Coast Guard, understands probable cause to be the level of suspicion that would cause a reasonable and prudent person to believe that a crime has been committed under the totality of the circumstances. That's it. It's a level of suspicion that you would need under the totality of the circumstances to believe that a crime was committed. [14:07:57] That's where Travis McMichael sat. As of February 11th, 2020. The next time we see a model, Aubrey in Seattle assures his February 23rd. It's a beautiful day, kind of a warm February day in Brunswick. Travis McMichael around midday around one o'clock is on the couch in his living room, trying to get Everett to take a nap. Three year old son so he's doing the strategies that parents do. He has Everett. Every other week, he shares custody with Abbott's mom. On this Sunday, he's trying to get Everett to go to sleep. [14:08:46] Greg is in the front yard in the driveway, upholstery posturing, his boat cushions. It is a pleasant, uneventful Sunday morning leading into Sunday afternoon. While they're doing that and Mod Arbery is walking into the neighborhood, not jogging. Not running. Walking into the neighborhood, walking into Larry English's front yard. Where he stands there, and this is the view from Ronnie Olson's house across the street where he stands there, looks around. And walks into the house. While he's doing that, Matt Albanese is in his yard. Dow Jones is down here. You can see directly into Larry English, his yard. He is aware of the break ins in the larynx, his house. He is aware of the items stolen from Larry English, but he's out splitting logs. Tree had fallen in his yard, so he's breaking up the tree. He sees this guy that looks like the guy from the video clips. [14:10:05] Fact is, the guy from the video clips walking into Larry King's His House. He grabs his gun, puts in his pocket, grabs his cell phone, walks down Jones to an oak tree. This. Across the street from Larynx, his house, and he calls 9-1-1 while he's calling 9-1-1. He sees a man, Aubrey, through the windows in larynx, his house. He doesn't know what he's doing in there, but he knows this guy has been there at night four times prior. He knows stuff is stolen. So he's calling the police. He makes he believes, eye contact with the mod Aubrey. The next thing he sees is a Mod Arbery sprint out of that house. He is not jogging. He is running away into the neighborhood, possibly armed. Based on prior experience. He is sprinting at what turns out to be about a six minute mile, it's fast and he's got long strides. [14:11:31] That view is from Diego Perez's surveillance camera. He runs right past Greg McMichaels Yard. Greg McMichael sees him. Greg McMichael is aware of the things that have happened that we've talked about. Greg McMichael sees him tearing, hauling ass down the road, and he knows what's up. And he goes inside and he tells Travis Travis, the guy the guy is running down the street, the guy they know who it is. And I'm guessing it's not some random guy running down the street. It's the guy and they turn out to be right. [14:12:10] It is the guy, the same guy. Four previous times at night, they grabbed their guns. Now, why did Travis McMichael grab a shotgun? Because 12 days earlier, he confronts this guy trying to help Larry English and this guy reaches into his pocket like he has a gun, so he grabs his shotgun for self-protection. And he gets in the car and he walks out in the yard, actually, and he sees Matt Albanese Bob Rubin [14:12:46] motioning down the street Bob Rubin [14:12:49] same direction of Matt Arbery was running. It gets in the car. Dad gets in in the I'm sorry, I say car. It's a truck Ford F-150 and climbs into the car seat because when seconds count, the police are often minutes away. The police are not going to catch this guy at the speed he's running. So they're going to try to detain him for the police. What happens after that? It's up to the police. So they encounter a Modbury. On Burford, the first encounter is at three a.m. Burford. This is what it looks like. You saw the video of Let's, let's go back to their. They're there to detain a Mod Arbery for the police, this is what the law allows. A private person may arrest an offender if the offenses committed in his presence or immediate knowledge. And that applies to felonies or misdemeanors. But there's a second sentence the state didn't tell you about Bob Rubin [14:14:10] the Bob Rubin [14:14:10] second sentences. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion. That's why Travis McMichael and Greg McMichael sought to detain him, Arbery. There was no crime committed in their presence. We're not contending there was a crime committed in their presence, but there was probable cause to believe a felony had been committed. [14:14:45] And that this man was attempting to escape or flee. That's why citizen's arrest is in this case. There are three encounters with a Aubrey on Burford. The first one is in front of Brian's House, where you are, Brian. I shouldn't calm Roddy. I don't know. Mr Bryant's house. Travis McMichael pulls up alongside the Model Arbery. To stop. Whoa, I want to talk to you. What were you doing back there? What's going on? And I'm not, Ari says zero. He don't say, Hey man, I'm just out for a jog. He don't say, Hey, leave me alone. He doesn't say back off. He doesn't say, Hey, come, don't say anything. He just looks at Travis and he goes back the other way. [14:15:43] Travis backs his truck up, says, Whoa, whoa, whoa, stop and talk to you. Matt Aubrey looks at him and Bolts doesn't say anything, doesn't say, leave me alone and say, Hey, good morning. Good afternoon. He just bolts. At this time, there is no gun. The shotgun that Travis Scott is is stuck between the seats. Greg's gun is on his holster. There's no gun being pointed at Mr. Arbery. There's no like, Hey, stop at the point of a pistol or a shotgun. There's no gun, Mr. Arby's not even aware of any gun. That point because no gun has been shown. They go down, Burford, they pull up to him again in Burford, by the way. Still, the drive Bob Rubin [14:16:36] turns kind of a little jog turns into the go down Burford Bob Rubin [14:16:40] a little ways more. Whoa, stop. We want to talk to you. Stop the we called the police. Police are coming. When Mr. Arbery hears Travis McMichael say, we call the police, police are coming. He bolts back the other way towards Ronnie Bryant's house back towards Satel Drive. They stopped the truck, put it in park. Greg McMichael does get out and he gets in the bed because he's cramped into the child seat. Tasman Michael gets out and he looks down the road Bob Rubin [14:17:20] like, what the heck? Want to talk to this guy? Just in Bob Rubin [14:17:26] suspect, coming out of English is how he sees Albanese Benzie moving. We know it's the guy from the night 12 days before he's back again. And he looks down the street and he sees a mob, Arbery trying to get into Roddy O'Brien's truck to Mr Bryan's truck. He's interacting with the truck and he doesn't know who that Black Silverado truck it belongs to. He doesn't know Roddy Brian. He's never met him. He doesn't know his truck. [14:18:00] So he sees this black Silverado, and he sees them out trying to get in it. And he expects to hear a gunshot because he thinks the model is armed. Like he pretended to be on the 11th. And he's fearful that this guy whose name he doesn't know will try to shoot the owner of the truck and take the truck. And so that scares him. This attacking the truck worrisome his dad, says, Travis, go back, go back. Says No Dad, just go around and go around Zeller Wood, you've heard the name. There was no further down here. I see this interaction back here. Bob Rubin [14:18:39] They didn't go around Zewe, you know, and take a left on homes. Bob Rubin [14:18:45] Now they don't know where either the Black Silverado is or what that has to do with anything or where Amad Arbery is. So going down is going down. Holmes is not with the intention Bob Rubin [14:18:58] of Bob Rubin [14:18:59] trapping Arbery. It's with the intention of strategically planting yourself so you can kind of help the police see the neighborhood as they go down Holmes drive at a slow rate. They see a mad Arbery running in front of the truck. Travis McMichael drives past him, doesn't say anything to him. Arbery doesn't shout at him, just kind of drives past them watching to see what this guy is going to do. Again, no gun, no shotgun, no pistol is brandished, pointed in any way shown to Mr. Arbery. Three times on before they encountered Mr. Arbery. Now, once on homes, no gun. They go down to the bottom of homes Bob Rubin [14:19:54] towards the stop sign Bob Rubin [14:19:56] and stop the car. They don't know where Mr. Arbery is at this point because he's around a dog lake. That's the picture of Holmes Drive looking up at from Travis McMichaels Vantage. And you can see where the road kind of dog legs to the right and past that dog, like you can't see what's happening. But at that point, Travis McMichael can now strategically see Sotelo drive his road where his family is located. Burford and Holmes. So if the police get there, which he thinks they're coming any minute, he can tell them, I don't see him in these directions. He's that way where I do see him and he's in one of these streets. [14:20:44] That's why he stops while he stop there, gets out of his truck. Greg is still on the bed and they see him out, Arbery coming out. And Travis is like, Whoa, stop, stop, whoa, whoa, whoa, whoa, stop. And my heart rate keeps running. Adam Travis keeps yelling, Stop, stop, stop. And then he reaches into his car. And this is a model we flipped and go back around the. That's his gun and his cell phone, and he says, Dad, when are the police getting here? He says I didn't call 9-1-1. Travis dialed 9-1-1 and gives his dad his phone. And that's why we have a morning call because Travis McMichael had his phone and thought to call the police. Where are they? Before the first shot is fired, they call the police. That is not evidence of an intent to murder. While Travis is out there now, he has his gun for protection because this guy has run at him has acted bizarrely is not said a word yet that he could tell. [14:22:07] And now a modern buddy is running back. Travis's training taught him to show a weapon, not to use a weapon, to show a weapon because that is a way to de-escalate violence in the normal situation, you show someone you have a weapon. You get compliance. You don't need to go any further. And so he stands there at the low ready position, not pointing his weapon and a moderate is running. And he's running at Travis McMichael. Stop. Stop. Get down. Stop. This guy is not stopping, and Travis knows. That this guy is not going to stop, he's not predictable, he's going to be on him in seconds if he doesn't do something. [14:23:00] Please, please turn, please go up to Tila. This is where we are. I'm not sure we had a clear path to a scintilla. Travis is down here. You could cut across there. He doesn't cut across. He's coming at him. And yes, at about 20 yards, he raises the weapon because he knows about we can be on him. And he's hoping that by raising the weapon, he will de-escalate the situation. Who's going to attack a guy pointing a shotgun? If he wanted to kill him? That was an open shot. He didn't shoot, he didn't shoot his weapon. He was trying to de-escalate the situation in compliance with his nine years of training in the Coast Guard, same training police officers get. You see his Bob Rubin [14:23:54] just go back to that one before Bob Rubin [14:23:57] the gun is down and you saw this a little bit. You can see that the white forearm of Travis McMichael removed this map. Bob Rubin [14:24:07] I'll turn this to give him a better look. Bob Rubin [14:24:13] It's OK. I don't care if it doesn't even face them, and people will not turn it on. I didn't see do OK. So be careful Bob Rubin [14:24:20] because they're going to. Bob Rubin [14:24:27] Lost, you'll see this. Bob Rubin [14:24:30] Hold on, hold on, I'm sorry, I'm sorry. Next time, ask you to stop. Please stop. Oh, I should just be careful. You know, just yeah. The point is, let's not keep moving stuff around. I just if you're going to be doing something just to let everybody know what's going on. OK, OK. You know, the point was last time this was touched not by Mr. Koski, but generally in other matters before the court with lost it. So if we can before we just start moving things around Bob Rubin [14:24:55] with the court, I don't touch it. Bob Rubin [14:24:57] Well, no, Mr. Rubin doesn't touch it. Touch me, and I don't know. It can't show. I'm very touchy about no note, no pun intended about some of this electronics in here. As Mr. Rubin has alluded to, we've lost connections and all sorts of problems, so we're trying to make sure these presentations flow. So I don't think they're going to catch up. But if everybody could let me know if we're doing that, Bob Rubin [14:25:22] this is a fuzzy picture. You'll have you'll have pictures in this in the video throughout. The course of the trial is his arm is down and you can see the white forearm. You can see the driveway here. Travis Muncher. Bob Rubin [14:25:39] We lost the sideline. There have one. OK over your shoulder now, OK? That's the other issues. Bob Rubin [14:25:45] And I know it's awkward. Yeah, yeah, we can speak loud. Sorry. So there's a driveway here, and Travis McMichael is across from another driveway. Bob Rubin [14:25:57] You'll see it's Bob Rubin [14:25:58] about 60 20 yards away, and he knows how quickly someone can cover 20 yards in seconds. An unarmed person can take a weapon away and kill a police officer or a civilian in seconds, even from 20 yards away, even an armed person from 20 yards away. So he raises his weapon and the next slide and you see the distance. Because he wants the guy to stop, not because he wants to hurt a model. He's not looking for an encounter. If he wanted to hurt somebody, he would have fired on Burford on homes or now down here at the bottom. A moderate doesn't stop. [14:26:54] He doesn't say, well, hey, I'm good. He doesn't say anything. And he doesn't stop. Instead, he goes around the truck to the right hand side, the passenger side. And at that point, Travis McMichael can't see his hands. Remember, he still thinks this guy could be armed because I saw this guy at least pretend he was on the 11th. He doesn't know, and he can't see his hands. And his dad is 64 65 year old dad who's had a stroke, is on the bed and a moderate. He could just yank them down or take a shot at him. He doesn't know. So he goes to the front of the truck to get an eye on. What's this guy going to do? [14:27:44] Good Lord, I hope he just keeps running. Go up, satellite. But he doesn't know, so it goes to the front and within a split second. A macabre makes a left, not a right, makes a left and is on Travis. Such that Travis has no choice but to fire his weapon in self-defense, and that shot is a contact or near a contact wound, meaning a mod Arbery is on him. You'll hear that from Brian Leppert of the GBI Crime Lab that first shot. Which we can't really see, because it's videotape through to windshields. Ronnie Brian's windshield and Travis McMichaels windshield there in front of the truck when they collide, when a minority makes a left. [14:28:41] He's on Travis and Travis has to fire because at that point it's his life or Madama life. And the only thing is weird the way the mind works. The only thing he can think of at that point is Everett kind of flashes through his mind. My three, then three year old son, so he fires. He pulls down the weapon, trying to get it away because because my arm is not stopped, that gunshot, which he knows was near his chest. This, he believes it in this. In this melee, he pulls it down and pulls back. You'll see from the video he goes backwards out of frame because Arbery is rushing him death. He fires another shot off from. You see smoke. You see something spray. And you see a minority swinging wildly, and he's hitting travel as you see him hit with his right hand in the trousers, head neck. [14:29:40] He's pounding Travis McMichael while Travis is trying to get the gun away. And Travis fires two more times, and you've seen that. It's a horrible, horrible video and it's tragic. It's tragic that a mother every lost his life. But at that point. Travis McMichael is acting in self-defense. He did not want to encounter a mob, Arbery. Physically, he was only trying to stop him for the police. Self-Defense. Is defined. And the court will charge you later. Bob Rubin [14:30:37] Your honor, I'm objecting again, Mr., of just how giving them the law in self-defense it is. Bob Rubin [14:30:42] We are allowed to get along an opening statement, just as the state did in its opening. Bob Rubin [14:30:46] But we need to be very clear because again, we haven't gone through a charge conference in this case. So let's be clear about it that this is not the charge. Bob Rubin [14:30:56] So I expect you'll be charged on self-defense, and I expect this is what you'll be charged, be told by the judge. A person is justified in using force, which is intended or likely to cause death or great bodily harm. Only if he reasonably believes that such force is necessary to prevent death or great bodily injury to himself or to a third person. At the time, the shots are fired. Travis McMichael reasonably believes because a moderate is on him, aggressively swinging, wildly grabbing ahold of him, grabbing hold of the gun reasonably believes he is justified in firing his weapon. Knowing it's going to, it's going to kill him is going to at least hurt him. Knows that. He has no choice because if this guy gets his gun. Bob Rubin [14:31:56] He's dead or his dad's dead. Bob Rubin [14:31:59] And what's he taught in the Coast Guard at the Maritime Law Enforcement Academy, Bob Rubin [14:32:05] never lose your weapon. Bob Rubin [14:32:11] And that's why he shoots. Travis McMichael within seconds encounters the police Officer Minshew. Officer Dugan, they arrive on scene. He cooperates fully. He does whatever they tell him to do. When they say speak, he speaks. When they say don't speak, he doesn't speak, cooperates fully. He's distraught. He's upset you see this on the video, the body cam of the officers. There's no glee at having done what he just did. It's awful. [14:32:53] He's covered in blood, I'm not Arbery's blood. And then they take him down to the station, and he cooperated fully with the police and answers every question when they tell him to write a map of where he went. He tries to write a map of where they went, when they encountered each other on Burford and in homes. And when they ask him to write a statement, he does his best to write out everything he knows to tell the police. There's been a lot written about this case, and Travis McMichaels actions doesn't matter. [14:33:31] What matters now is the evidence that you're going to hear the facts that you're going to hear in the law, that you're going to be given by Judge Wamsley. You are now the judges of the facts and the applicators of the law. In this case, the evidence shows overwhelmingly that Travis McMichael honestly and lawfully attempted to detain Amod Arbery, according to the law, and shot and killed him in self-defense. What we're asking you to do is hard, and it may be unpopular, but we're asking you to recognize your responsibility as jurors and being open to the facts and putting aside emotion and listening to the law and applying that and doing your duty. Because we think the only right verdict is not guilty on each and every count in this indictment. Thank you.