mr. arbery? i would submit to you that mr. bryan cannot be the direct and substantial and necessary cause plaintiff arbery's death. whether that is the fault, for lack of a better phrase, of mr. mcmichael, the fault of mr. arbery or the fault of both or simply without any fault on either part and an unavoidable tragedy. why should roddie bryan be held responsible for that? i would submit to you under the law that mr. bryan cannot be guilty of any of the felony murder counts for that reason alone. all right. count six. count six alleges aggravated assault by shooting. now we know that roddie bryan did not shoot mr. arbery. the theory here is parties to a crime and how can mr. bryan intentionally help commit a crime that he has no reason to believe is about to take place. when did mr. bryan see the gun? when does he know they are armed? what can mr. bryan do about it? you've seen from the video nat by the time mr. bryan knows that the mcmichaels are armed, it's mere seconds before the shooting takes place. so the idea that mr. br

mr. arbery never threatened mr. mcmichael, he didn't have a weapon, he said a number of times there was no contact, there was no response when travis mcmichael says he asked arbery questions during that chase we've seen so many times on the videotape. the prosecution is trying to make the case arbery was innocent, he was just running and that the mcmichaels had no reason to suspect him of a crime or stop him and detain him. travis mcmichael was trying to convince the jury in his answers apparently he was trying to deet sclat the system, he was calm and measured and different points along the way when the fatal encounter happened, he claimed arbery was the aggressor and attacked him and had to fire in self-defense. the other thing, jose, outside the courthouse there was a huge gathering of supporters of the arbery family. amongst the crowd are countless numbers of black pastors. you'll remember that the defense has raised the objections a number of times to the presence of black pastors in the courtroom, saying that t

mr. arbery, not mr. arbery -- mr. bryan makes what is for him a very faithful decision he actually pulls out in the road. now, at one point he says he over shot the road. another point in the same interview with detective lowry, he says that he crept out on to the road. the state suggests that mr. bryan either hit mr. arbery or tried to hit him, and pushed him with his 5,000 pound motor vehicle. we'll come back to that in a second, but i think the evidence is inconsistent with that. now, i do want to talk about the indictment for a minute. let's take a minute to review the indictment. it is what we sometimes call a kitchen sink indictment. everyone, all three dfefendants are charged literally with everything in the indictment, every crime set forth therein, you may find this confusing and difficult to sort through at times since the factual basis and underlying legal bases for the five murder counts are so closely intertwined with one another. however, this is perfectly acceptable, there's nothing improper about it. m

mr. arbery and we know mr. bryan's truck is behind mr. arbery, mr. he opportunity now to run up holmes, is that correct? >> yes. >> all right. and yet on the video, we see him turn around, is that correct? >> that's correct. >> to run back toward the black pickup truck that had already tried to hit him four times, is that correct? >> i didn't see him try to run him over. >> did you hear mr. bryan's statements in open court while you were sitting here? >> i did. >> all right. and you know he told the police that on four separate occasions he tried to hit mr. arbery. you know that. >> objection. relevance, your honor. >> that's sustained. you can rephrase it. >> all right. i'll rephrase that. did you here the officers testify to what mr. bryan had said? >> i heard the officers testify today, yes. >> all right. and you heard that mr. bryan told the police that mr. arbery tried to get into his truck or grab his hand or whatever that was on burford? >> burford, yes. >> all right. and so, at this point, your telling this jury, i just want to make sure, that

mr. arbery goes down the street. mr. bryan -- at this point we're going to go to the next night owl video. sorry, you went too quickly. at one occasion bryan said he walked to the kitchen, another time he said he ran to the kitchen. he said he walked back out to the truck, another time he said he ran back out to the truck. we know from the video it takes 13 seconds to get to the kitchen, reach for the keys and get back to the truck. mr. bryan is walking calmly to the kitchen and walking calmly to the truck. his recollection of doing otherwise is faulty. now, we also know, as mr. bryan pulls out -- by the way, we also know that he left his rifle in the house, left a hammer on the porch and went out with his cell phone. now, here we see when mr. bryan initially pulls out, mr. bryan is pointed to the right. now, he backs up. at the very end he backs up and straightens out a bit. whether mr. bryan said he was going to the left or the center or slightly to the left, the actual evidence in the case is consistent with him pulli

mr. arbery. was he putting distance or was he blocking the road? you decide. then what does he do? he doesn't stay right there, does he? we can't see this, but what do we know? he makes it around that car door, right, he makes it over here, right, he's in front of his truck, and he's moving forward, closing the distance on mr. arbery, intercepting mr. arbery, and is right here with that shotgun. it wasn't like this. it was right like this. and how fast does mr. arbery come around the corner and, boom, shoots him. that is one continuous aggravated assault ending in the shotgun blast to his torso right here. came out right here. so how was he when the shotgun hit him? like this. right? got it across the wrist, across the torso, came out right here, so he's turned like this, according to the medical examiner. felony murder. felony murder is when you commit a felony and someone dies because of the felony. classic felony murder scenario. guy goes into a convenience store to rob the convenience store.

mr. arbery and the black truck were -- mr. ngside the truck grabbing at the mirror and the door and then that's when they -- when they were coming in my lane is when they 134ri9. -smr*it. split. the black vehicle turned into his lane and following mr. arbery as they went around that dogleg. >> in order for you to get from here to here with them behind you, you had to have passed mr. arbery and the black pickup truck, correct? >> that's when they passed me was back there was towards this street, yes, ma'am. >> [inaudible] >> we'll take a mid-morning recess. we'll take a 15-minute recess and then continue. >> bill: the last 90 minutes has been a bit of drama inside the courtroom. travis mcmichael on the stand trying to talk about the afternoon when arbery was apprehended and the shotgun went off. arbery is dead. three men are on trial. steve, it is gripping at times. good morning there. >> bill, some very different pictures we're seeing of travis mcmichael who on the stand yesterday said he fired the three shotgun blasts that kil

mr. arbery starts running. then the last thing, they're heading to the dogleg and the last i see him in front of the black truck and the black truck is continuing, but it wasn't accelerating or anything like that. never broke off from each other at that point. >> you said they were heading toward the dogleg? >> towards the dogleg. >> did they go around the dogleg? >> yes. >> did you lose sight of them? >> yes. >> what did you do at that moment? >> continued -- i'm not exactly sure exactly what i did at that moment. i pulled the vehicle back up ten feet and stopped and parked from there. >> pulled the vehicle back up. what do you mean? >> i'm sorry. after they passed, i continued to go forward. >> up? >> towards satilla drive. >> did you throw it in reverse and start trucking backwards to go -- >> i did not. >> why not? >> once again, i don't want to escalate the situation. this is getting out of hand. the guy now looks like he's trying to get in the vehicle, verified from what i suspected on burford when he was

mr. arbery, intercepting mr. arbery and is right here with that shotgun. it wasn't at port arms, like this, it was right like this. and how fast does mr. arbery come around the corner and boom! shoots him. that is one continuous aggravated assault, ending in the shotgun blast to his torso, right here. came out right here. all right? so how was he when the shotgun hit him? like this. right. got it across the wrist, right in the torso, came out right here. so he's turned like this. according to the medical examiner. >> felony murder. felony murder is when you commit a felony and someone dies because of the felony. classic felony murder scenario. guy goes into a convenience store to rob the convenience store. he's not there to murder anybody. he's not there to kill the clerk. but he's got a gun. pulls out the gun and is pointing it at the clerk, and the clerk is like, ah, and the clerk goes and tries to hit the gun away and starts punching at the armed robber, and what's the armed robber do? boom, kills the clerk. in committing a felony, you cannot claim self

mr. arbery that mr. arbery had to push off from your truck, getting white fibers from his t-shirt and his palm print on your truck, because you got so close to him, he had to push off to get away from you. "i mean, i can't say for sure that he -- he wasn't on the door. i didn't give him a chance to get to the door. but after iing anned him off the side of the road, you know, and i kind of went on past him, because i didn't hit him -- wish i would have -- might have took him out and not got him shot. but you know, i probably got past him a little bit and he comes up on me and i could see him in my mirror and he was coming for the door and i seen his hands right behind the door. after i angled him off the side of the road, i kind of went on past him, i didn't give him a chance to get to the door. yeah, towards the entrance, but i confronted him again. i angled at him again." point out aggravated assault number three. "before we got to the road he was laying on, right at the house that's on the left-hand sid

mr. arbery? >> i did. >> mr. arbery goes to the passenger's side of the truck? >> yes. >> your dad is still yelling at him because we can hear him go stop, god damnit stop. right? >> yes. >> you could have easily stepped back to your pickup truck and watched him keep going. right? >> i could have, yes, but i was -- i still didn't know what he would or could have done right there where i couldn't see him. and to get closer to the pickup and dad and if he's going to try to get to the truck, i would be right there. i was thinking he was a threat and might go after myself, my father, or the truck. i wanted to be right there to deter him or to be able to handle it if i needed to. >> so you also could have stepped around the back of the truck and followed him in the path that way. is that right? >> yes, but then he would have had an open unrestricted run around the truck and into my open door into my pickup truck, and -- >> so you're telling this jury that a man who has spent five minutes running away from you, you're now thinking is somehow going to want to continue

mr. arbery starts running. and then the last thing -- they are heading to the dogleg and last i see is in front of the black truck and black truck is continuing but wasn't accelerating and they broke off from each other. >> you said that they were heading toward the dogleg? >> toward the dogleg toward zellwood. >> did they go around the dogleg? >> yes. >> did you lose sight of them? >> yes. >> what did you do at that moment? >> continued -- i'm not exactly sure exactly what i did at that moment, but i pulled the vehicle back up 10 feet and stopped and parked from there. >> pulled the vehicle back up, what do you mean? >> i'm sorry, i continued to go forward, up forward to satilla drive. >> before you moved forward, did you throw it up in reverse and start trucking backwards to go -- >> i did not. >> why not? >> once again, i don't want to escalate the situation. this is getting out of hand. this guy now looks like that he is trying to get in this vehicle, verified from what i suspected on burford. and in my pas

mr. arbery? >> i did. >> okay. do you recall ever indicating to officer nohilly that you were just wanting to watch him and hope that he would continue to run past you? >> yes, i did. >> okay. your -- one second, your honor . >> all right. nothing further. >> all right, sir. you may step down. why don't you just leave those there. >> all right. >> i'm not sure whose transcripts those are. why don't you step down and let whoever owns the transcripts grab them. figure out where we are and a little early to break for lunch. >> we have a brief witness. just give me a minute. >> the defense calls mindy koefer. >> koefer? >> cofer.cofer. >> cofer? >> cofer. >> remain standing. >> take your mask off. >> raise your right hand. >> do you solemnly swear that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth so help you god? >> yes, sir, i do. >> all right. have a seat. >> hi, miss cofer. >> hello. >> miss cofer, i just want to ask you a few brief questions, if you wouldn't mind

mr. arbery will have coming at this truck, and mr. boyan is freaked out to say the least, so freaked out he drops his phone. this is where the phone drops and goes pitch black for about a minute. and in this time you'll hear sounds, engine noise. you'll hear turning. you'll hear shifting and seat belts crank and the three-point turn and he says i'm going to head back that way, but what you don't hear on that phone even after audio enhance president, even after any kind of working with audio specialists and digital specialists, you'll never ever hear any yelling and no communication between travis or greg. the state wants you to think that it's at that moment that greg mcmichael drives by and says i'm going blow your gd head off! well, if he said it, you would have heard it. it would have been on this telephone and they would have played it for you. it ain't there. so roddy bryan is all the way up this blue mail box. the closer up picture is where mr. arbery turns around. this is the demonstration video with seacrest and this is mr. br

mr. arbery had a weapon. no one said mr. arbery made any verbal threats or gestures. nobody said i saw him commit a crime today. no one said i was trying to make a citizens arrest. no one was trying to arrest him for a crime of anything. nobody said any of these things on february 3rd, 2020. greg mcmichael's statements to the police. these are important. this is why greg mcmichael is guilty. did this guy break into a house today? that's just it, i don't know. that's what i told what's her name out there. i said, listen, you might want to go knock on doors down there because this guy just done something because he was fleeing. i don't know. he might have gone in somebody's house. you can't make a citizens arrest because someone's running down the street and you have no idea what crime they have committed that day. you can't hold somebody so the police can show up to go, he must have done something. why don't you police officers figure out what he did today. that's what greg mcmichael told the police. then he was asked, is he picking up anything or going through anythin

mr. arbery has already run past. he comes out here, look downs the street from where the house is and sees mr. matt albenze, who is walking towards him and, eventually, after a couple houses, goes like this, and points down the street. it is reasonable to conclude that based on what his dad said, who just came running in the house, the guy is back who's broken in, to come outside and look and see, see mr. albenze, who he knows and he's talked with, who he shared thoughts and feelings about the person breaking in the house, is now saying go that way, the guy is back, to get in his car and go. you cannot act on the unsupported statements of others. the state has characterized that, which is an accurate statement of the law, as travis' mom. are you kidding me? after all that we have seen, after all that he has experienced, after all the conversations he's had, after all the videos he's seen, after what he experienced himself, that he's just going off of what his mommy told him? this is what the state wants you to do som

mr. arbery? it was to get his identity information, inform him this was private property, call larry english in front of ahmaud arbery, put him on speakerphone, let the owner, the owner, larry english, make the decision to either just ask ahmaud not to come back or to have the police trespass him, meaning i'm giving you an official trespass warning, if you ever come back here again, you'll be arrested. this was officer rash's plan. reasonable. this is what larry english wanted. just somebody telling him not to come back, please. that's all. that's all. robert rash took the stand, he said a couple more things that were very, very important in this case. how do you identify a burglar? he was asked by the defense this. what did he say? caught taken something from the house. this is your glynn county law enforcement rash on the case, he knows all about this. what did he say to the defense? how do you identify a burglar? they get caught taking something from a house. then he was asked, but wait a secon

mr. arbery, inform him this was private problem. larry english in front of ahmaud arbery, put him on speaker phone, let the owner, the owner, larry english, make the decision to either just ask ahmaud not to come back, or to have the police trespass him. meaning i'm giving you an official trespass warning, if you ever come back here again, you'll be arrested. this was officer rash's plan. reasonable. this is what larry just wanted. just somebody just tell him not to come back, please. that's all. that's all. robert rash took the stand, he said a couple more things that were very important in this case. how do you identify a burglar? he was asked by the defense. what did he say? caught taking something from a house. this is your glynn county law enforcement, he's on the case, talking with larry english constantly, knows all about this. what did he say to the defense? how do you identify a burglar? because they get caught. then asked, wait a second, isn't burglary the attempt to commit a theft therein. what did he say? how do i know w

mr. arbery?ut. >> and you then indicated this may be the same individual who has been causing trouble in the neighborhood. >> yes, ma'am. >> okay. but that's not mr. arbery? >> no, ma'am. >> so why, in your written statement, two hours after the homicide, do you put down the very first sentence, on january 1st of 2020, approximately between 9:00 and 10:30 i had my vehicle broken into and my smith & wesson gone stolen out of my truck? >> because i was aware of things -- of burglaries and vehicles being broken into in the neighborhood and then on top of seeing what i saw on the 11th, that there are things being broken into. i was under concern that mr. arbery could be a suspect in this, or he could not be. look like i said, prior, he's the one i had seen and saw in the house several times, of course i'm thinking he's a suspect. i don't know if it was him or the other people they have seen or heard . so you don't know who stole your gun. there was no probable cause to arrest mr. arbery for the theft

mr. arbery has already run past. he comes out and looks down the street from where the house is and sees mr. matt albenze who is walking towards him and eventually after a couple houses goes like this and points down the street. it is reasonable to conclude that based on what his dad said, who just came running in the house. the guy is back who has broken in to come outside and look and see and see mr. albenze who he knows and who he has talked with, who he shared thoughts and feelings about the person breaking into the house is now saying go that way. the guy is back. to get in his car and go. you cannot act on the unsupported statements of others. the state has characterized that, which is an accurate statement of the law as travis'. are you kidding. after all that we have seen. after all that he has experienced. after all the conversation that he had. after all the videos that he's seen. after what he experienced himself that he's just going off of what his mommy told him. this is what, this is what the state want

mr. arbery in reasonable fear of mr. bryan and that truck. so what do we know? we know that mr. me back down and he had to turn around at that blue mailbox. you don't see him turn around, but see how far he is at the blue mailbox and heads back to the white truck? if he wasn't already in fear of mr. bryan and his silverado, would he still be alive? yes. but because of what happened, over on burford, because the criminal attempt at false imprisonment and this aggravated assault, mr. arbery's dead. false imprisonment, you violate the personal liberty of ahmaud arbery, you unlawfully confine and detain him. how do you do that? you chase him down with a ford f-150 or silverado and they did confine and detain him on holmes. ladies and gentlemen, come on. we looked at this, all right. what do we got? we got mr. bryan chasing him on holmes. this line doesn't go far enough. what did travis mcmichael tell the police? i stopped a few houses down, got out of my truck and shouted at him, stop, stop. he denied it on the stand, that's what he told the police in his written statement, the one h

mr. arbery ever presented the kind of deadly threat that would authorize the defendants to kill mr. arbery in self-defense. we haven't seen that evidence. in fact, if the defendants are the people who are the aggressors, if they started the fight with mr. arbery, they're not entitled to claims of defense. >> and the probable cause for what? of a theft that, again, there was nothing on him. so where is the probable cause? >> again, i don't see that. and the jury will have to determine whether they think this law applies. and again, even if it does, did it give, did mr. arbery do anything that allowed the defendants to be justified in pumping three bullets in his body? we see that they approach him very aggressively. this is very revealing, now. it's right after travis mcmichaels pumps the three bullets into mr. arbery. he says an expletive, and then the "n"-word. >> yeah. and the gun that was used, it was one of those pump rifles. it was -- it just seems like a lot of effort had to be done. it wasn't as if a quick pull of a trigger and -- there's a lot there. it doesn't seem like it w

mr. arbery for theft of your handgun? a'am. >> you also didn't know who stolen the items out of the boat, mr. english's boat, did you? >> no. but i had a probability. i was thinking the probability who have was doing that was the one that continued to go into this house. that has been caught in this house several times which was mr. arbery. >> you have no evidence he ever taken anything off of mr. english's boat? >> other than stuff stolen out of that house and that he has been in that house several times. >> so you have stolen items on boat. and you got that from your mom? >> yes. and then you got him inside the construction site, right? insight 220? >> yes, ma'am. >> and at the point in time on february 23rd, you knew about october 25th. >> yes. >> november 18 snj. >> yes. >> and february 11th? >> yes. >> you also knew the white couple had gone in on november 17th, right? >> i did. you also knew there was a shady looking guy under the bridge, correct? >> i did. and you also suspected this guy in the neighborhood with the

mr. arbery will have at this truck. and mr. bryan is freaked out to say the least, so freaked out he drops his phone, this is where the phone drops and goes pitch black for about a minute. and in this time, you'll hear sounds. you'll hear engine noise. you'll hear turning. you'll hear shifting. you'll hear seat belts clanking. you'll hear the three-point turn eventually where he says i'm going to head back that way. what you don't hear on that phone even after audio enhancement, even after any kind of working with audio specialists and digital specialists, you'll never ever hear any yelling and no communication between travis or greg. the state wants you to think that it's at this moment greg mcmichael drives by and says -- >> and good day this is andrea mitchell in washington. we're going to briefly step away from the defense's closing arguments in the trial of the three men accused of killing ahmaud arbery in georgia. and turn to wisconsin where officials at the children's hospital, doctors there are now briefing reporters ab

mr. arbery because he was black. jogger situation. the defense is claiming that ahmaud arbery, had he just stopped and submitted to the request by the defendants to stop, everything would be okay. the prosecutor made a clear case that the constitution protects people from not stopping and talking to people who they don't want to stop and talk to, at which point the defense makes this argument which -- i want you to put your lawyer hat on and tell me how much sense this makes. the defense attorney said arbery had a, quote, last chance to avoid bryan's truck which the defendants used during the encounter arbery had one last clear chance and contributed to that danger by his own conduct. he argued that arbery should have run to avoid the truck possibly by running into a neighbor's house, jumping into a pool or climbing up the side of a tree. so he's saying arbery should have run away from these guys. these guys said they shot arbery because he was running away. >> you know, ali, it was so difficult listening to travis mc

mr. arbery "you're under arrest"? correct? >> i did not. >> in fact, you never did tell mr. rime of -- fill in the blank. >> i didn't have time. >> it's so damning it seems to me. do you get what their strategy is? do you think they're just trying to get jury nullification and get this almost all white jury is we don't care what the facts are. we're just going is send these men to prison. >> that may be their strategy. the jurors should see the citizen's arrest as an after the fact justification, something the defendants made up trying to explain what to many people looks like three white men lynching an african american person. and joy, you're right. it's the defense who has made a big deal about race. but the prosecution in fact has evidence that all three men are racist. according to one of the defendants, mr. bryan, right after travis mcmichael pumped those three bullets into mr. arbery, he called him the "n" word. all of the defendants said racist things on social media. but the prosecution didn't offer this when it put on its case, and the judge wouldn't let them use th

mr. arbery. and so defense attorneys, appellate attorneys, raise these types of issues all the time on appeal. i don't find it particularly compelling. >> let's bring in our friend paul butler, a legal analyst for us here, a georgetown university law professor, also a former federal prosecutor. paul, let's talk about self-defense here. we just saw last week kyle rittenhouse acquitted of killing two men and injuring another, acquitted using self-defense. and in this case, self-defense was also raised, but self-defense was not found to be justified here. explain that. >> so katy, every case has different facts. mr. rittenhouse persuaded the jury that each of the three men who he shot posed a deadly threat to him. he said that the first person tried to grab his gun, the second attacked him with a skateboard, and the third aimed a weapon at mr. rittenhouse, and the jury was persuaded. in this case, mr. arbery was unarmed. there was never any evidence that he posed any threat to these three defendants

mr. arbery was doing. let's get real. what was mr. arbery doing? can see it. wandering around for a few minutes each time. right? and then what would he do? he'd leave. on video, never took anything, never damaged anything. ladies and gentlemen, you decide, is this this giant burglar to happened to never show up with a bag or any means to steal anything, all right, or is he a looky-lou, going in there at night, he shouldn't be doing that. we all know this, okay? but it's a misdemeanor. on that date, none of the defendants knew he had been inside in broad daylight that location, and what he did on the 23rd of february. he did the same thing he always did -- wandered around, wandered around, and then left and ran off down the street. but they didn't know that. they had no immediate knowledge of that. it wasn't in their presence. travis mcmichael was on the couch. greg mcmichael, you saw, he can't even see down the road. there's that trailer there. remember the drone video? this was not a citizens arrest. not present where any crime was committed. the

mr. arbery's long, dirty toenails.his virtually all-white jury did not let them get away with those racist tropes, and that's a sign of progress. >> nawaz: paul butler, former federal prosecutor, now professor at georgetown law. paul, good to see you. thanks for your time. >> always a pleasure, amna. >> nawaz: the u.s. economy has churned out striking new numbers, with unemployment claims at their lowest since 1969 and inflation at its highest since 1990. the labor department reported today that first-time applications for jobless benefits fell to 199,000 last week. and, the commerce department found consumer prices rose five percent in october, from a year earlier. the higher prices contributed to a rise in consumer spending, up 1.3% last month. the european union warned today that a record new rise in covid cases is threatening the bloc's economic recovery. a number of european governments have reimposed restrictions. and, the world health organization says vaccines have given people a false sense of security. >> eve

mr. arbery that mr. arbery actually has a palm print on mr. and white t-shirt fibers that are consistent on that car. >> reporter: incriminating video filmed by defendant william rodney bryant taking center stage. arbery's mother, who had never before seen any of the footage, letting out an audible moan and sobbing. but despite the visual evidence, the defense for travis mcmichael, the man who shot and killed ahmaud arbery, arguing the shooting was justified. >> 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. >> reporter: the defense calling arbery an intruder who was seen, quote, plundering and lurking around. tough there is no evidence he ever stole a thing. and claiming the neighborhood was on edge from recent robberies, and that the defendants acted in self-defense. >> he has his gun for protection because this guy has run at him, has acted bizarrely, has not said a word yet that he could tell, and travis has to fire. because at that point it's his life or ah

mr. arbery until your attorney asked you that leading question, isn't that right? been doing that day. >> not at that time, no. >> one of the most effective parts of the prosecutor's cross-examination is when she asks travis mcmichael what ahmaud arbery wasn't doing. an she gives a list. >> and he never yelled at you guys. >> no, ma'am. >> never threatened you at all? >> no, he did not threaten me verbally. no, ma'am. >> it essentially was poking a hole, over and over, in the defense's claim of self-defense. >> didn't brandish weapons? >> no, ma'am. >> didn't pull out any guns. >> no, ma'am. >> didn't pull out any knife. >> no, ma'am. >> never reached for anything, did he? >> uh, no. >> he just ran. >> yes, he was just running. >> the prosecutor really challenged travis mcmichael's contention that arbery was a threat to him. >> your father is in the pickup truck, correct? >> yes, ma'am. >> and he has his .357 magnum, correct? >> he has it, yes. >> finally, she built this picture of the power imbalance of an exhausted young man coming up to this huge pickup truck wit

mr. arbery.not the mcmichaels were authorized to make a citizens arrest. we'll talk about that later. but this is a defense. it is the burden of the state to disprove that defense beyond a reasonable doubt under the facts of this case from this video as we have just gone through it, how could anyone say beyond a reasonable doubt -- >> martha: that's kevin gough, roddy bryan's attorney. that's the story for november 22. here's "your world" with neil cavuto. >> this is the video that i shot here. it's surreal to watch. i couldn't believe it was happening. with us hard to watch for sure. not something you want to see again. >> hard to watch indeed. we're live in waukesha, wisconsin where the suspect in that horrific parade crash is facing intentional homicide charges. we should warn you, some of the scenes are graphic. this was the scene sunday afternoon when the driver of a red s.u.v. plowed into a parade in wisconsin

mr. arbery's family. it appears to be a deliberately super inflammatory approach from the defense counsel, apparently to try to get a rise out of people, apparently to try to get a mistrial declared to benefit his client. that sort of shocking but e seen relentless tack from the defense counsel is turning out to be important not only for the potential resolution of this case but for how it is received in this country. we will have more on that coming up with some expert help in just a few minutes. veiltoday of course with ss everything else going on, good, bad, crazy and somewhere in between, today of course all eyes have been an waukesha, wisconsin, where yesterday afternoon a just unthinkable crime took life after life after life after life at a holiday parade in downtown waukesha. by now you know the basics of what happened. a red suv inexplicably sped into the parade route and then directly into people marching it the parade and people watching it on the sidewalk. as of this hour five people are dead

mr. arbery "you're under arrest," correct? >> i did not. >> in fact, you never did tell mr. bery you're under arrest for fill in the blank. >> i didn't have time. i was still trying to get him to stop. >> those initial statements that they made to investigators, it's coming back to these defendant, right? >> yeah. absolutely. and, again, that's what gets people in trouble is they can't keep up the versions that they've told. and so when they're confronted on the stand with inconsistencies and discrepancies in prior statements, then you see what happens. and he is left basically now having said you know something? i didn't really have reason to do it. but we did it, and here we are. they herded this young man like cattle. you think about that. and into a situation where at the end of the day, mr. arbery had no choice but to try to fight to keep himselfing from from being shot because he didn't want to be shot in the back by a guy with a shotgun. so i really think that the testimony will prove fatal to the defense -- of self-defense in the case. >> she said look, the guy was ru

mr. arbery was on the construction site of a home. well, that's not good enough to think somebody may have committed a crime. you heard that 911 call there. up heard it from greg mcmichael's mouth himself, he called 911 because there was a black man running down the street. that is not as enough probable cause if you will for implementing that citizen's arrest law and you saw the defense attorneys make motions for mistrials, likely there will be an appeal in this case, but i don't think they will win. >> caroline pelosi, thank you for joining us. we're joined by "washington post" columnist and nbc political news analyst eugene robinson. i would like to get your thoughts on not only this verdict, but the impact and how it will be received in different circles in this country. >> well, lester, i have to say -- what i'm feeling is an enormous sense of relief that what i -- what i always saw as clear justice in this case has in fact been done. you'll recall that after the initial -- after the killing, the local authorities initially decid

mr. arbery was doing. let's be real. what was mr. arbery doing?und for a few minutes each time, right? and then what would he do? he would leave. on video, never took anything, never damaged anything. ladies and gentlemen, you decide. is he this giant burglar who just happened to never show up with a bag or any means to steal anything, or is he a looky-loo? he shouldn't be doing that. we all know this, okay? but it's trespass. it's a misdemeanor. and on february 23rd, 2020, none of the defendants knew that he had been inside in broad daylight that location, and what did he do on the 23rd of february? he did the same thing he always did, wandered around, wandered around, and then left and ran off down the street. but they didn't know that. they had no immediate knowledge of that. it wasn't in their presence. travis mcmichael was on the couch, mr. bryan was in front of his house. greg mcmichael, he can't even see down the road. there's a trailer there. remember the drone video? citizens arrest. this was not a citizens arrest. not present when any cr

mr. marcus arbery sr., the father of ahmaud in seeking justice in this process. it has been a long road and we are so happy that we're able to be here at this end of this road. we'd like to also say thank you, and we commend the courage and bravery of this jury to say that what happened on february 23rd, 2020, to ahmaud arbery, the hunting and killing of ahmaud arbery, it was not only morally wrong, but legally wrong. and we are thankful for that. we want to thank and specifically recognize some people who have been involved with regard to the prosecution of this case. in particular, our team. our lead attorney, senior assistant district attorney linda dunakowski, assistant district attorney alyssa olivera. senior assistant district attorney paul camarillo, our chief investigator, charles prescott. deputy chief investigator, keith lamone, investigator cameron watson, investigator darius mcclure. we also need to thank people at home who have been helping us with regard to this case. miss kayla willis, miss jada baxter who is here, cindy bard, sara wrap, laramie fl

mr. arbery. he was back in early 2020, and has sparked outrage, given the protests we have seen of the murder of george floyd. we are hearing, again, the guilty verdict that has been returned on the murder charge in the arbery killing. travis mcmichael, of course, has been convicted on all counts of arbery's killing, and mixed verdicts, but mostly guilty on the other two men as well. there were four felony charges for aggravated assault and false imprisonment. you heard the jury verdicts being read out there. at one point in the trial there was some cheering, and the judge asked them to leave the room, to maintain professionalism. let's get more on this with ta tia. some of these big headlines coming out now, what do you make of guilty on all accounts in one, and mixed counts in the other two defendants? >> what we had was, there were three defendants. travis mcmichael, who pulled the trigger and killed ahmaud arbery, he was guilty on all counts of murder, including malice murder. the other two d

mr. arbery is under attack >> reporter: prosecutors describing the moment gregory mcmichaels, son travis and neighbor william "roddie" bryan allegedly trapped ahmaud arbery with their pickup trucks. showing jurors the video of the fatal confrontation. arbery chased for five minutes. prosecutors arguing the elder mcmichael said this during the pursuit. >> stop or i'll blow your [ bleep ] head off. that's what he said to mr. arbery. >> reporter: watching in court, arbery's mother overcome with emotion. >> i decided to remain in so that i could get familiar with what happened to ahmaud the last minutes of his life. >> reporter: the three men face nine counts they have all pleaded not guilty the defense says the men acted to protect their community from an uptick in crime and showed the jury these home surveillance videos insisting they revealed arbery had been seen in a home in the neighborhood on at least four different occasions at night the defense argued arbery was not simply out for a jog when the defendants tried to detain him. >> he is not jogging he is running away into the neighborh

mr. arbery. >> yes. to verify if it was the same person i saw. >> you wanted to id him. >> i wanted to id him, yes. >> at that point in time when your dad came running in, he was all excited. there goes the guy running down the street. you didn't call 911. >> i did not. >> all right. did you tell your dad to call 911? >> i asked him if he did. i thought he was already on the phone with him. he was outside. he said yes. so i assume that the police had been called at that point. >> all right. you made a statement to the detective hours after this incident, correct? >> i did. you never told him that you thought your dad had already called 911. >> i told him that i believe 911 was called. i don't know exactly what i said. but i believe i did tell him that i was under the impression that my father had called 911. f the transcript that mr. is running, stop right there and he said, call the cops, you know coming there he is? >> yes, if i can have a second. >> page nine and ten, i don't think -- >> let's take a

mr. arbery, he called him the "n" word.e evidence to the jury unless the defense opened the door by claiming that they aren't racists. so i think this tragedy to leave out race was about what katy was talking about this virtually all white jury, the defense didn't want to look like the prosecution didn't want to look like they were injecting race in the case. joy, i would have thought to get this evidence in front of the jury for two reasons, first, the case is about racism andment -- sometimes it's important to name the evil and second, the jury needs to understand the motive. these defendants weren't these bumbling want to be cops. these defendants are straight up old school white supremacist and injected race in the case when they hunted down and killed a black man. >> and i feel like that's so obvious but i kind of can see why a prosecutor would think an all white jury isn't going to buy that because i said this in the previous segment. you have white americans that don't want to teach what the ku klux klan act is and g

mr. arbery. i know mr. arbery's family is feeling that at least justice is served. see their son. they sue the horrific views of what happened to him but at least there's modicum of justice served for acts of heinous crimes, violence, and a modern day lynching. >> we're watching outside, i know cal perry is there, if ahmaud arbery's mother speaks, we'll definitely bring that to you immediately. when we look at this case and we look at the events leading up to the men being arrested, they were not arrested initially for the killing of ahmaud arbery. it wasn't until, ck, a video that william roddie bryan took, was leaked to the press, that the men ended up getting arrested. there were questions about whether or not they could be tried fairly with a prosecutor in this district. talk to me about the steps that were taken to get to this prosecutor who you've just praised for getting, in your words, a fair and just outcome for the family of ahmaud arbery. >> absolutely. first of all we have to remember that at the scene of the heinous crimes, greg mcmichael called the pro

mr. arbery and then travis mcmichael shot mr. to grab his gun. >> serious arrests of a complicated concept and brian kemp of georgia has since repealed the ability to do that in georgia that's been in place since the civil war. you know, we don't really understand that term, but generally speaking, we don't understand it to mean you can chase someone down on your suspicion that something's up with them and then claim that they were trying to injure you ask kill them in self-defense, this is why some people are referring to this as a lynching. ahmaud arbery, those guys are suspecting him of lurking around the neighborhood had no evidence of it, nothing was proved and he is dead now. >> that's right. that citizens arrest law is a relic of the jim crow south. it was designed to allow white people to capture runaway slaves and the fact that it was repealed after this incident will be used by the defense to make the point that it was legal what they did, making this arrest, quote, unquote, of this unarmed african-american was legal un

mr. marcus arbery sr., the father of ahmad. in seeking justice during this process. it has been a long road, and we are so happy that we were able to be here at this end of this road. we would like to say thank you, and we commend the current gender rate of this jury to say that what happened on february 23, 2020 to ahmad aubrey, the hunting and killing of ahmaud arbery, was not only morally wrong, but legally wrong. and we are thankful for that. we want to thank specifically and specifically recognize some people who have been involved in regards to the prosecution of this case. in particular, our team. our lead attorney, senior assistant district attorney linda dunakowski. [applause] assistant district attorney larissa oliveira. senior assistant district attorney paul camarillo. deputy chief investigator people -- chief lamont. investigator cameron watson, investigator darius mcclure. we also need to thank people from at home who have also been helping us with regards to this case. ms. kayla willis, jayda baxter, who is here, cindy bard, sarah, laramie floyd, our c

mr. arbery's tragic death. at the time of the shooting, he was some distance back. cell phone. >> reporter: greg mcmichael's lawyer focused on depicting arbery as an intruder. >> turning ahmaud arbery into a victim after the choices that he made does not reflect the reality of what brought ahmaud arbery in his khaki shorts, with no socks, to cover his long, dirty toenails. >> reporter: arbery's mother, wanda cooper-jones, left the courtroom after this comment. >> that was just beyond rude. regardless of what kind of toenails he had, what size legs he had, that was still my son. and my son actually was running for his life in that description. >> reporter: i can tell you, a lot of people were upset by those comments, especially since ahmaud is dead. they didn't understand why the defense had to go in that far and bring that up. also, i want to tell you about the scene yesterday. we had people show up with long weapons who marched around the courthouse. at one point, even came in contact with the defense attorneys. that prompted kevin gough to ask for another mistrial

mr. arbery defend himself against their four felonies? isn't that what they are saying to you? >> reporter: the defense began their closing blaming arbery for his own demise. >> he was a recurring nighttime intruder. and that is frightening and unsettling. >> what was ahmaud arbery doing in sitilla shores from october 2019 to february 2020? there is no evidence that ahmaud arbery ever jogged or exercised in sitilla shores. >> reporter: the men, travis mcmichael, gregory mcmichael and william bryan were chasing arbery in two vehicles. they claim they thought arbery committed a crime and they were going to perform a citizens arrest. travis nl t >> travis believes he's committed the crime of burglary. you have a right to make a citizens arrest. you have a try to have a firearm when you make an arrest. you have a try to stop a person, and there is risk with that. and there are tragic consequences that can come from that. >> reporter: travis mcmichael is the one who shot arbery. during the trial he was the only one who took the stand in his own defense. >> didn't brandish any weapons