The latest in the trial in the killing of Ahmaud Arbery

By Aditi Sangal, Meg Wagner, Fernando Alfonso III and Melissa Mahtani, CNN

Updated 6:58 p.m. ET, November 18, 2021
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1:13 p.m. ET, November 18, 2021

Defense calls for admonishment of state prosecutor 

From CNN's Alta D. Spells

(Pool)
(Pool)

Defense attorney Laura Hogue asked the judge in the trial of three men charged with murder in 25-year-old Ahmaud Arbery's death to publicly reprimand state prosecutor Larissa Ollivierre for a question she asked during cross-examination.

Ollivierre asked witness Lindy Cofer, "Do you believe that someone stealing is deserving of the death penalty?" Hogue also asked the judge that the jury be instructed to disregard the question.

Hogue filed the motion on behalf of her client Gregory McMichael, saying, "It's inappropriate, it's incendiary. It's prejudicial. It's improper and we ask that she be sanctioned in front of the jury for having done that in such a, in any case, but in such a serious case."

She filed the motion after the jury had been excused for lunch. 

The attorneys for the other two defendants joined in the motion. 

Ollivierre told the court that she believed it was an appropriate question to ask the witness under cross-examination. 

Judge Timothy Walmsley said he would consider the motion. 

11:50 a.m. ET, November 18, 2021

Court is taking a lunch break

State prosecutor Linda Dunikoski finished her cross examination of Travis McMichael this morning after his second day on the stand. 

The court is taking a lunch break and will hear from the defense's second witness when they come back.

12:02 p.m. ET, November 18, 2021

Defense calls second witness to the stand

From CNN's Alta D. Spells

(Pool)
(Pool)

The defense has now called Lindy Cofer, a resident of the Satilla Shores, to the stand.

Satilla shores is the neighborhood where Ahmaud Arbery was killed. 

Moments ago, state prosecutor, Linda Dunikoski, finished her cross examination of Travis McMichael.

McMichael, one of three men charged with murder in 25-year-old Ahmaud Arbery's death, testified Wednesday he shot the Black jogger in self-defense, saying Arbery attacked him and grabbed his shotgun.

6:58 p.m. ET, November 18, 2021

Prosecution concludes cross-examination of defendant Travis McMichael

The prosecution concluded their cross-examination of Travis McMichael.

McMichael, one of three men charged with murder in 25-year-old Ahmaud Arbery's death, testified Wednesday he shot the Black jogger in self-defense, saying Arbery attacked him and grabbed his shotgun.

McMichael and his father, Gregory McMichael, along with William "Roddie" Bryan, did not face charges in the February 2020 incident until months later, when video surfaced that appeared to show the McMichaels chasing Arbery in their truck as he was jogging.

In early testimony Thursday, prosecutor Linda Dunikoski pressed McMichael over inconsistencies between parts of his description of the chase to police a couple hours after it happened, and his testimony about the pursuit in court.

He said he was "scattered" and "mixed up" after the shooting because "this is the most traumatic event I've ever been through in my life."

McMichael also acknowledged several times, under Dunikoski's questioning, that he never saw Arbery armed during the pursuit.

He was asked a few questions by the defense before being dismissed and leaving the stand.

Correction: A previous version of this post misspelled Linda Dunikoski's last name.

11:31 a.m. ET, November 18, 2021

Group starts to gather outside courthouse where trial is being held

From CNN's Jade Gordon, Devon M. Sayers and Alta Spells

A large group has begun to gather outside the courthouse in Brunswick, Georgia, where the trial of the three men accused of killing 25-year-old Ahmaud Arbery is in day 10. 

Attorney Lee Merritt and Jamal Bryant, pastor of New Birth Missionary Baptist Church, are among those recognized in the crowd. 

A large group of faith leaders is expected to gather today for a "Prayer Wall" event that was organized by Rev. Al Sharpton and the National Action Network. The rally was scheduled to begin in the 11 a.m. ET hour, but has been pushed back until 1 p.m. ET, according to a spokesperson for Sharpton who said a lunch is now scheduled before the event officially begins. 

According to a recent announcement, Arbery's family will hold a news conference alongside Sharpton, Bryant, Merritt, attorney Ben Crump and pastors Jesse Jackson and Martin Luther King III. It is scheduled for 12:30 p.m ET.

Other groups who have organized members of the clergy are also at the courthouse today and could begin their events before the "Prayer Wall" event. 

There is also a march scheduled for later this afternoon. 

11:12 a.m. ET, November 18, 2021

Defense asks to remove juror for falling asleep

From CNN's Devon Sayers

(Pool)
(Pool)

As court resumed after a brief recess, the defense moved to remove juror 12 saying she was falling asleep.

The state objected saying they didn't notice.

Judge Timothy Walmsley said he was keeping an eye on her and decided not to remove her, but said he will inquire on if she's listening to testimony.

10:55 a.m. ET, November 18, 2021

Court is back in session after a quick break

Court is back in session after taking a quick break.

The cross-examination of Travis McMichael, one of the defendants, continues.

10:49 a.m. ET, November 18, 2021

A rally in support of the Arbery family is expected outside court today

More than 100 clergy members are expected to gather shortly at the Brunswick courthouse where the trial in the killing of Ahmaud Arbery is taking place.

The rally comes after defense attorney Kevin Gough asked the judge to remove the Revs. Jesse Jackson and Al Sharpton from the courtroom on Monday, alleging that the presence of Black pastors would influence the jury. 

“We are standing in solidarity of justice for our dear brother, Ahmaud Arbery,” said Rev. Alvin Herring, executive director of Faith in Action. “His life was not lived in vain and we are journeying to ensure that our support is seen and heard across the nation. This was a travesty, and his murderers must not go free.”

According to a news release, the group plans to hold a faith march and prayer circle.

10:41 a.m. ET, November 18, 2021

Defense attorneys raise more concerns with judge in Arbery murder trial

From CNN’s Devon M. Sayers and Alta Spells 

(Pool)
(Pool)

Ahead of Travis McMichael taking to the the stand in his own defense Thursday morning, defense attorneys raised several issues with the judge.

Here's what happened:

Kevin Gough, the attorney for William “Roddie” Bryan Jr., one of the co-defendants in the Ahmaud Arbery murder trial, told the court his client will not testify in his own defense.

“Mr. Bryan has no intention of testifying at the trial of this case. If the state wants the testimony of Mr. Bryan, they can dismiss the indictment in this case against him with prejudice as to all counts, then there'd be something to talk about,” Gough said.  

Attorneys for Travis McMichael also asked the court to prevent the state from questioning Travis McMichael on a racial epithet that he allegedly used after Arbery was shot and killed. The epithet was disclosed by the case's lead GBI investigator during a preliminary hearing. 

“We don't believe it's proper to ask that question at this point. Given it's not, there is no admissible evidence of that epithet,” said Robert (Bob) Rubin, one of Travis McMichael’s attorneys.

Judge Timothy Walmsley said he would consider the cases provided by the attorneys and would provide a decision before Travis McMichael’s testimony concludes.  

In yet another attempt to keep Reverends Al Sharpton and Jesse Jackson out of the courtroom, Gough filed a third motion to “prohibit any further conduct that may intimidate or influence jurors” on behalf of his client. To persuade the court to ban the pair, Gough shared a case from 1990, where Nation of Islam leader, Minister Louis Farrakhan was excluded from the public gallery of a trial. 

Walmsley denied the motion saying that he had already ruled on it and the court was not going to address the matter, noting that the two ministers were not in the courtroom at the time. 

Jackson entered the courtroom shortly before 10 a.m. ET sitting next to Wanda Cooper-Jones, Arbery’s mother, according to a pool reporter in the courtroom.  

The state’s cross-examination of Travis McMichael continued after the discussion. 

In the overflow room at the courthouse, people in the room were wearing shirts with "I support Black pastors," a pool reporter inside the courthouse said.

A large rally and march in support of the Arbery family is expected later today.