Page 236 - Bryan News Today

Although mr. bryan did all those things, thats not a false imprisonment. among other things, mr. bryan with his own vehicle cant do that on his own. and we know that the mcmichael vehicle has gone back down to zellwood and all the way around. which is why mr. arbery t. the court will charge you on the law with respect to false imprisonment. this is count eight. the mcmichael attorneys have already gone over this in some detail. ill try to avoid that same ground. first, where there is no confinem...

Arbery might have escaped. but for a hundred different things, all of which had to come together in the exact sequence for this tragedy to take place, it could not have happened. so simply saying that but for mr. bryan being there that day, thats not the standard. and the state doesnt even try and meet the standard that the court is going to instruct you on. maybe they are just waiting until they have the last word, and all i can say about that is thats just dirty and i certainly hope thats not ...

Mr. bryan is traveling, as he testified, as an agent indicated in the reenacted video, hes traveling miles an hour, faster than mr. arbery. but clearly, if he was trying to hadnt him down, he would be going a lot faster. more to the point, at this point, as mr. brian comes around the dog log, what we are seeing here, i cant be sure whether this is the enhanced video or not but what we are seeing here in this courtroom w the artificial interior lighting is certainly a better view than mr. brian h...

Basically reading the lips of what turns out to be travis mcmichael. he cant see mr. arberys lips. he cant see what, if anything, hes saying. mr. bryan has told us repeatedly thats hes never heard mr. arbery say anything from the beginning to the end. so at this point, its clear that mr. arbery does not want help from mr. bryan. its clear that he runs off. and at that point, mr. bryan has to make a decision. now, theres been some testimony. i think mr. bryan said that he called out to them, you ...

Is mr. bryans presence out there have to do with anything? i would submit to you that this is basically all the smoke screen from the state because mr. bryans presence doesnt contribute in a direct or substantial way to the death of mr. arbery. because the mcmichaels were certainly capable of catching up with him and shooting if that was their intention. one more proximate cause issue i want to discuss on the four felony murder counts because its basically the same issue. and the issue, the prin...

Speedometer is, at this point he slowed back down, hes at 4 miles per hour at the 51-second mark, and shortly after this, you hear him put the -- shift the transmission again. and i think youll see its closure from the context, which is a k turn, that he is putting the truck into reverse. and then a few seconds later, he puts it back into drive. this is the k turn, near the top of hoelmes, the top of holmes, near zelwood, go ahead. . okay. when i start the video up, we start the video up, its a ...

He is listening to music. the music is playing in the garage. the door is open. we have seen that from the previous picture. well see in a moment, his truck is out front. if you look carefully, i believe you can see his hammer on the ground behind him, and i believe over tools as well. now, well stop there. we have a still photo which were about to turn back on. the still photo. this is the front of the bryan residence. you have to add in mr. bryan on the porch. you have to add in pickup trucks

Because if the idea is that he imprisoned mr. arbery by himself that somehow -- and those are the words he uses that he corner plead arbery by himself? i guess between his truck and the mailbox? i dont know. between his truck and the marsh? i dont know. still have to explain the theory to you, but the truck can go a lot faster. mr. arbery if hes superhuman, might be doing 5 or 6 miles an hour. maybe 7. that pickup truck is capable of probably driving 100 miles an hour. maybe 90. mr. bryans prese...

Wait for someone else to object. i dont want you to consider something if you dont remember it as the evidence. now, before proceeding any further and before i forget, i do want to express my gratitude to mr. bryan, to the court, to my distinguished opposing counsel. as i walk through the front doors of our courthouse every day, i am reminded what an honor and absolute privilege it has been to come before you. what id like to do now is go back in time. i want to take you back, if you can join me...

If that isnt a reasonable doubt on count 7 aggravated assault, i just dont know what it would be. before i leave count seven, i do want to discuss lesser offenses. not really sure why we call them lesser offenses, but thats what we call them. with respect to the aggravated assault count. with respect to mr. bryan only, the court is going to charge you on three lesser offenses. two of them are pretty much garden variety. one of them is a traffic offense. well leave those for your consideration. t...