RIGHT TO OUR TOP STORY HERE THE
JURY REACHED A VERDICT IN THE
TRIAL OF THE 3 WHITE MEN
CHARGED IN THE DEATH OF AHMAD
ARBERY IN GEORGIA
LAST YEAR.
>> FINDING ALL OF THEM GUILTY
OF MURDER GREGORY MCMICHAEL
TRAVIS MCMICHAEL AND WILLIAM
BRYAN JUNIOR WERE CHARGED WITH
MALICE AND FELONY MURDER IN
ARBERY'S DEATH. THE JURY
DELIBERATED FOR MORE THAN 10
HOURS AFTER THE VERDICT CAME
DOWN THE ARBERY FAMILY ANDERSON
SUPPORTERS HELD A
PRESS CONFERENCE ARBERY'S
FATHER SAID THE VERDICT AS A
VICTORY FOR MORE THAN JUST
THEIR FAMILY CALLING IT A
VICTORY FOR JUSTICE EVERYWHERE.
TAKE A LISTEN TO WHAT ARBERY'S
MOTHER HAD TO SAY. IT'S BEEN A
LONG FIGHT.
>> IT'S BEEN A HARD FIGHT BUT
GOD IS GOOD.
EARLY AND I NEVER SAW EYE TO
TELL YOU TOO I NEVER SAW THIS
STATE. BACK IN 2020, I NEVER
THOUGHT THIS DAY WOULD COME.
BUT GOD IS
♪
EVERYBODY THANK YOU THANK YOU
FOR THOSE WHO MARCHED.
THOSE WHO PREY MOST ABOUT THE
LAWSUIT PRAYED, YES.
NOW WAS WITH YOU KNOW, I MET
THEM ON ON ON THIS.
>> WHERE IS HE WILL NOW RISK.
>> NOW A SENSE. SENTENCING DATE
HAS NOT BEEN DETERMINED FOR THE
3 DEFENDANTS THEY HAVE ALSO
BEEN INDICTED ON SEPARATE
FEDERAL HATE
CRIME CHARGES. THE FEDERAL
TRIAL IS SET TO TAKE PLACE IN
FEBRUARY JOINING US NOW IS KIRK
BURKHALTER PROFESSOR AT NEW
YORK LAW SCHOOL WELCOME
PROFESSOR WE ALWAYS APPRECIATE
YOUR TIME. ALL 3 MEN FOUND
GUILTY OF MURDER AND OTHER
CHARGES WHAT WAS YOUR REACTION
TO THE VERDICT WERE YOU
SURPRISED AT ALL HERE.
>> YOU KNOW, UNFORTUNATELY I
WAS SOMEWHAT A SURPRISE BUT I
DON'T KNOW IF I WOULD SAY
SURPRISE I WOULD CERTAINLY
APPREHENSIVE AND I SAY
UNFORTUNATELY BECAUSE SO OFTEN
WE'VE SEEN IN OUR CRIMINAL
JUSTICE SYSTEM THAT FOR PEOPLE
OF COLOR. JUST CRIMINAL
JUSTICE SYSTEM THE OUTCOMES OF
SUCH CASES ARE ALWAYS OUR
NUMBER
SURE THING. SO IF YOU THINK
ABOUT HOW LONG IT TOOK FOR THIS
US EVEN GET TO THIS POINT THIS
CRIME OCCURRED AND TOOK A LEAVE
THOSE ABOUT 72 DAYS BEFORE
THESE PERSONS WERE EVEN
ARRESTED AND CHARGED.
THIS HAD ALREADY GONE THROUGH
THE HANDS OF A SEVERAL
PROSECUTORS WHO BELIEVE THAT
THERE WAS NO NEED FOR CHARGES
TO BE FILED SO YOU KNOW IT'S IT
TOOK SOME TIME TO
GET HERE I WOULD SAY I WAS
APPREHENSIVE PRIOR TO THE
PARTY.
>> THERE ARE 2 DIFFERENT TYPES
OF MURDER CHARGES HERE MALICE
AND FELONY MURDER, PROFESSOR
CAN YOU BREAK DOWN THE
DIFFERENCE HERE IN JUST A
SIGNIFICANT IN THE VERDICT WHEN
IT COMES TO THOSE CHARGES.
>> CERTAINLY SO MALICE
THAT IS IN COMPOST IN
MALICE MURDER IS WHEN ONE ACTS
WITH INTENT SO HERE. THE
PROSECUTION HAD TO PROVE
THAT IT WAS TRAVIS MICHAEL'S
CONSCIOUS OBJECTIVE TO FIRE
THAT SHOT
GUN AT MISTER ARBERY
AND THEY WERE ABLE TO DO SO THE
OTHER DEFENDANTS WERE CONVICTED
OF FELONY MURDER AND LESSER AND
LESSER CHARGES AND THAT'S
BECAUSE THEY DID NOT FIRE THE
SHOTGUN THEY DID NOT PULL THE
TRIGGER.
HOWEVER, WHEN ONE IS ENGAGED IN
THE COMMISSION OF A FELONY AND
THIS CASE THIS WOULD HAVE BEEN
THE
FALSE IMPRISONMENT AND THE
ASSAULT AND THEY CAUSE THE
DEATH OF ANOTHER AND ALL THAT
TESSA PENCE ARE LIABLE FOR
FELONY MURDER. SO THE
DIFFERENCE IS THAT TRAVIS
MICHAEL MCMICHAEL HAD THAT
SPECIFIC INTENT TO FIRE THAT
SHOT GUN.
AT ONONDAGA 3 AND WHETHER HE
INTENDED TO ONLY A SERIOUSLY
INJURE HIM OR KILL HIM.
IT DOESN'T MATTER THE INTENT IS
WHAT'S IMPORTANT AND THE OTHER
2 INDIVIDUALS SINCE THEY WERE
ENGAGED IN THE COURSE OF A
FELONY AND SOMEONE DIED AS
RESULT. THAT IS WHY THEY WERE
HELD TO BE CRIMINALLY LIABLE.
>> I WANT TO ASK YOU WITH THE
LEAD PROSECUTOR SHE'S BEEN
DOING A LOT OF PRAISE FOR THE
WAY SHE PERFORM DURING HER
TRIAL CAN YOU TELL ME OR CAN
YOU SHARE WITH ME YOUR OPINION
SOME OF HER STRONGEST AND MOST
EFFECTIVE MOMENTS.
>> WHEN SHE WAS IT'S A GOOD
QUESTION. HE WAS VERY
METICULOUS AND FOR ANY LAWYER
YOU HAVE TO HAVE A THEORY
OF THE CASE AND YOU HAVE TO BE
ABLE TO COMMUNICATE THAT THEY
RE OF THE CASE TO
THE JURY AND I THINK SHE HAD A
STRONG THEORY OF THE CASE THAT
YOU COMMUNICATED SUCH TO THE
JURY FIRST SHE HAD TO THIS
SPELL OF THIS
CITIZENS ARREST THEORY AND THE
SPELL OF THE SELF-DEFENSE SHOW
THAT IT WAS
ENTIRELY UNREASONABLE AND SHE
WAS VERY METHODICAL ABOUT DOING
SO CHAVEZ MICHAEL HAD TO TEST
IF I IN ANY
SELF DEFENSE CASE THE DEFENDANT
GOING TO HAVE TO TESTIFY AND
SHE WAS ACTUALLY AN END CROSS
EXAMINATION OF THEM,
PICKING AWAY
ALL THESE VARIOUS POINTS AND
THEN WE SAW THAT DURING HER
CLOSING SHE WAS VERY METICULOUS
ABOUT
GOING THROUGH ALL THE ELEMENTS
OF ALL THE CRIMES THAT SHE THE
STATE PROVED AND THEN ALL THE
ELEMENTS
SELF-DEFENSE CITIZEN'S ARRESTS
AND SO FORTH THAT THIS STATE
DISPROVED SO THAT SHE COULD
HAVE VERY VERY
GOOD JOB. UNDER TRYING
CIRCUMSTANCES BY THE WAY WHAT
YOU HAD SO MANY DISTRACTIONS
COMING FROM THE OTHER SIDE FROM
THE DEFENSE SIDE.
>> I DO WANT TO TALK ABOUT THE
OTHER SIDE, THE DEFENSE
ATTORNEYS RECEIVED A LOT OF
BACKLASH FOR YOU WHAT A LOT OF
PEOPLE DEEMED AS A RACIST
LANGUAGE DO
YOU THINK THOSE THAT WORDING
THAT STRATEGY MAY HAVE HURT
THEM IN THIS CASE.
>> I THINK IT'S A STRONG
POSSIBILITY
IN PARTICULAR THE REFERENCE TO
THE PHYSICAL CHARACTERISTICS OF
MISTER ARBERY HIS LONG DIRTY
TOENAILS AND
SO FORTH KNOW THIS TO THE
WORST. TIMES OF THIS COUNTRY
WITH REGARDS TO TREATMENTS OF
AFRICAN AMERICANS AND SHE I
THINK OVERPLAYED HER HAND
WHATEVER REASON SHE THOUGHT
THAT THAT SHE WOULD GAIN
SYMPATHY WITH
THE JURY
CHARACTERIZING AHMED ARBERY AS
NOT A VICTIM.
BUT THIS PERSON THIS DIRTY
PERSON WHO WAS RUNNING THROUGH
THE STREET AND GOT WHAT
HE DESERVED. I DO NOT IN THE
MIND OF THE JURY BUT I THINK IT
PROBABLY BACKFIRED ON HER THINK
ABOUT IT WE IN THE 11TH HOUR
OR DELIBERATION CERTAINLY
THE JURY HAD SAT THROUGH THIS
TRIAL THAT WOULD GO HOME FOR
THE HOLIDAYS, BUT I DO BELIEVE
THEY WANT TO DO THEIR JOB AND I
THINK THAT THAT'S A POSSIBILITY
THAT THE PENCE HARM THEMSELVES
BETWEEN THAT RHETORIC AND ALL
THE RHETORIC ABOUT THE BLACK
PREACHERS AND AND SO FORTH IT