(Note: The video above is from Monday.)
The second day of jury selection started Tuesday in the federal hate crimes trial against the three men convicted of murdering Ahmaud Arbery.
Seventeen potential jurors qualified after a day of questioning, moving on to the next round of questioning that starts Monday. Out of those 17, three were Black men, five were white men and nine were white women.
A total of 47 have now qualified to move on to the next round of questioning. The judge wants 50 to 60 potential jurors to choose the final panel of 12 jurors and four alternates from. Eighty-seven potential jurors had been questioned by the end of the day Tuesday.
Jury selection is moving faster than expected, and a lot faster than the state case.
An attorney with Arbery’s family said the state trial underplayed the racial hate portion of the crime, which she says will be front and center during this trial.
"It turned out that it wasn’t necessary to get the conviction," Barbara Arnwine, Founder and President of the Transformative Justice Coalition, said. "We want the truth out of this federal courthouse. We want the truth to come out. 100 percent justice," she said.
Arbery's family was in the courtroom Tuesday after they said prosecutors and the victim advocate told them Monday that the family wasn't allowed to attend jury selection. Marcus Arbery Sr., Arbery's father, said they talked to prosecutors about it Tuesday morning and said it was another misunderstanding with the prosecutors.
Up until Monday, Arbery Sr. hadn't missed a day of court, including the entirety of the state trial.
"It was another misunderstanding, again," he said. "As a father, when your child was murdered racially, you think I want to miss something like this? I want to be here every day because I want to see those three men pay for what they did. They’re not punished enough for me. As a father, they’re not punished enough," Arbery Sr. said.
Arbery's family said they're happy with the makeup of the pool right now and the pace of jury selection so far. They had a front row seat as 10 out of the 16 potential jurors questioned in the afternoon group Tuesday raised their hands to indicate they believe the defendants are guilty.
The moment drew an audible reaction from the Arberys, and a look of concern on Travis McMichaels' face.
All 10 were dismissed, most saying they didn't think they could change their opinions or be fair.
Monday, 30 potential jurors moved forward to the next round of questioning. The remaining 22 potential jurors questioned were dismissed.
U.S. District Court Judge Lisa Godbey Wood said the court summoned 1,000 people for jury duty, the same number that was called for the state trial. In the federal trial, however, they pulled people from all 43 counties in Georgia's Southern Federal Court district to try to get a fair and impartial jury of 12 jurors and four alternates.
Once the jury is picked, the judge said the trial will last seven to 12 days. Opening statements will likely start early next week.
In the state trial, it took more than two weeks to find a jury. Potential jurors were summoned just from Glynn County.
In November, a jury found both Travis and Gregory McMichael and their former neighbor, William Roddie Bryan guilty of murder in Arbery's death. The three white men chased 25-year-old Arbery, who was Black, through Brunswick's Satilla Shores neighborhood before Travis McMichael shot Arbery.
A judge sentenced the men to life in prison in January for the state charges.
RECAP:
2:03 p.m.:
There were 19 potential jurors in this morning's group. Five out of the 19 were excused, including two white women, one Black woman and two white men. Below are their details:
142 - White woman
- Knew a little about the case
- Sister-in-law thinks defendants are “really guilty” and that may make it difficult for her
- Excused for cause
145 - Black woman
- Saw video and interviews with Arbery’s attorneys and Arbery’s family
- Very negative opinion about state defense attorneys, comment about “dirty toenails” made by Gregory McMichael’s attorney in state case
- Very negative view about all three defendants -- asked why take law into own hands
- Said if she were in the defendants’ shoes, she wouldn’t want someone with her mindset to be on the jury
- She also works as a risk manager with the VA and interacts with U.S. Attorneys Office
152 - White man
- Watched two days of the state trial on CourtTV, saw Travis McMichael’s testimony -- said he was glad he wasn’t in McMichael's place
- Said hate crimes are overblown in media and news gets facts wrong
- “Bad situation all around” because it affected families on both sides
153 - White woman
- Said “If they’re already convicted, I don’t know why there’s another trial”
- Said it’s a waste of resources
175 - White man
- Knows about investigation into former DA Jackie Johnson, knows Gregory McMichael used to work for her, knows the three defendants were in a murder trial, knows about Bryan’s attorney Kevin Gough’s statements in the state trial to remove clergy from courtroom
- Said he has too much knowledge about case
Fourteen potential jurors out of the 19 questioned qualified for next week's round of questioning and strikes. That includes three Black men, five white men, six white women and zero Black women.
Below are the juror numbers and demographics for those who qualified:
131 - Black male
132 - white male
134 - white male
135 - white woman
140 - white woman
141 - Black male
149 - white male
150 - Black male
156 - white woman
165 - white woman
166 - white woman
171 - white male
174 - white woman
178 - white male
The total is now 44 qualified potential jurors toward the goal of 50 to 60 to narrow down to the final panel of 12 jurors and four alternates.
The next group will start at 2:15 p.m.
Arbery’s father, aunt and Barbara with the Transformative Justice Coalition spoke during lunch. They said the prosecutors discussed the “misunderstanding” about not being allowed at jury selection with them. They said they forgive them, and it was another misunderstanding. They’re happy with the pace of this jury selection vs. the state trial.
9 a.m.: Day two of jury selection begins. Two groups of 25 potential jurors will be questioned Tuesday, and Arbery's family will be present. Initially, the goal was to reach 36 potential jurors to whittle down to the final panel of 12 jurors and four alternates. But, the judge said Monday they will aim for 50 to 60 in case of COVID-19 concerns.
Monday, things moved faster than expected. There were 1,000 people summoned for jury duty from all 43 counties in Georgia's Southern Federal Court District to try to seat a fair and impartial jury. Once the jury is chosen, the trial is expected to take seven to 12 days.