Defense attorney fails to get Rev. Jesse Jackson removed from courtroom in Ahmaud Arbery death trial

BRUNSWICK, Ga. — The judge in the murder trial of three white men accused of killing Ahmaud Arbery denied a defense attorney's request Monday to remove the Rev. Jesse Jackson from the courtroom. 

The civil rights leader joined Arbery's family, sparking a tense discussion among the attorneys and a motion for mistrial over Jackson's presence and after Arbery's mother was heard weeping in the gallery. Judge Timothy Walmsley also denied the motion for mistrial. 

It's the second time the judge has refused defense attorney Kevin Gough's request to bar members of the public from the courtroom. Last week, Gough took issue with the Rev. Al Sharpton, suggesting it would intimidate the jury.

On Monday, Gough, who represents William "Roddie" Bryan, argued Jackson's presence may impact his client's right to a fair trial and asked the court to have Jackson sit in the overflow room next door.

"There is no reason for these prominent icons in the civil rights movement to be here," he said. "I would suggest whether its intended or not, inevitably a juror is going to be influenced by their presence in this courtroom."

Walmsley said he was not aware Jackson was there until Gough pointed it out.

"At this point, it's almost as if you’re just trying to continue this for purposes other than just bringing it to the court’s attention and I find that objectionable," Walmsley said. 

"I’m done talking about it, Mr. Gough," he continued.

Walmsley also called Gough's comments last week "reprehensible." 

"That was maybe something that has influenced what is going on here," he said, referring to Gough's comments. "So you need to understand, everybody, that your words in this courtroom, have an impact on a lot of what's going on here."

Last week, Gough suggested that "high-profile members of the African American community" were "intimidating" the jury and that he did not want more Black pastors appearing in the courtroom. Gough later apologized for his comments.

Outside the courthouse, Jackson addressed media and supporters of the Arbery family  saying he plans to stay the entire week. More than 100 Black pastors are expected to come to Brunswick in support of the Arbery family for a rally and march.

“I have a moral obligation to be here,” he said.

Monday was the seventh day of witness testimony for the prosecution in the trial of Bryan and father and son Gregory and Travis McMichael, who charged with murder and other crimes in Arbery's killing on Feb. 23, 2020. The men were arrested two months later after cellphone video taken by Bryan was released.

Jurors on Monday heard from Georgia Bureau of Investigation agents Jason Seacrist and Lawrence Kelly, firearms and tool mark examiner Brian Leppard, microanalyst Anne Kisler-Rao and latent print examiner Jesse Worley. 

Kisler-Rao testified about white cotton fibers found on the driver's side door of Bryan's truck which she said were consistent with Arbery's T-shirt. Worley said she identified a print lifted from the side of Bryan's truck as Arbery's right palm print.

Later, Arbery's father, Marcus, was visibly upset and left the courtroom as Leppard held up the 12-gauge Remington shot gun that Travis McMichael used in the fatal shooting.

Arbery's mother, Wanda Cooper-Jones, meanwhile told reporters she became emotional when her neighbor Carol Flowers took the stand.

"Ms. Flowers' son saw Ahmaud just before he went out for that last run," she said. "And once I saw her take the stand, I went back to (that day). She was one of the last persons who saw Ahmaud alive."

During Kelly's testimony, prosecutors again played slowed-down graphic footage and more than 1,000 still images from Bryan's video. Jurors also watched a short surveillance video from Bryan's home showing the defendant on his porch before hopping into his truck to follow the McMichaels as they chase Arbery.

Seacrist told jurors Friday about how Bryan "minimized" his involvement in Arbery's death during an interview months later. Bryan initially told a Glynn County police officer he was "chasing" Arbery the day he was killed and that he blocked, cornered and cut-off Arbery. But Bryan later told GBI agents that he "angled" his car toward Arbery so he could "see" and take a photo of him.

Gough asked Seacrist on Monday if it was possible Bryan was concerned for Arbery during the chase.

“If Mr. Bryan was concerned about Mr. Arbery, he would’ve stayed to the right side of the road instead of angling (his truck) to the left to box him in,” Seacrist replied, adding that Bryan had multiple opportunities to call 911.

Prosecutors say Arbery did not commit any crimes and was killed because the three white men made assumptions when they saw a Black man running in their neighborhood. Defense attorneys say the McMichaels were trying to detain Arbery for police questioning and Bryan was a bystander.

Contributing: Grace Hauck, USA TODAY.