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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Arbery murderers' plea deal is off.
https://www.washingtonpost.com/nation/2022/01/31/ahmaud-arbery-hate-crime-plea-deal/Judge rejects plea deal for Travis McMichael and his father on federal hate-crime charges in Ahmaud Arberys murder
A judge on Monday rejected a plea deal prosecutors had reached with two of three White men facing federal hate-crime charges in the murder of Ahmaud Arbery, casting uncertainty over a trial scheduled to begin next week.
Travis McMichael, 36, and his father, Gregory McMichael, 66, had been poised to admit that they targeted Arbery in part because he was Black, and prosecutors called the agreement an important step toward justice in a case that had fueled nationwide protests. The McMichaels and a third man, William Roddie Bryan, were all sentenced to life in prison in early January for 25-year-old Arberys murder in coastal Georgia.
But Arberys family asked the judge Monday to block the deal, which would have allowed the McMichaels to serve the first 30 years of their sentences in federal rather than state custody. A lawyer for Arberys mother had denounced the agreements as a back room deal that would have allowed the McMichaels to serve their sentences in better prison conditions.
Granting these men their preferred conditions of confinement will defeat me, Arberys mother, Wanda Cooper-Jones, said in court. It gives them one last chance to spit in my face after murdering my son.
The federal hate-crime indictment accuses the defendants of interfering with Arberys rights. It said the McMichaels cut off Arberys route and threatened him with firearms in a chase that Bryan eventually joined, using his truck to block Arberys path as well. It also alleged that all of the defendants sought to unlawfully trap Arbery and that the McMichaels brandished firearms, with Travis McMichael firing his shotgun.
Travis McMichael, 36, and his father, Gregory McMichael, 66, had been poised to admit that they targeted Arbery in part because he was Black, and prosecutors called the agreement an important step toward justice in a case that had fueled nationwide protests. The McMichaels and a third man, William Roddie Bryan, were all sentenced to life in prison in early January for 25-year-old Arberys murder in coastal Georgia.
But Arberys family asked the judge Monday to block the deal, which would have allowed the McMichaels to serve the first 30 years of their sentences in federal rather than state custody. A lawyer for Arberys mother had denounced the agreements as a back room deal that would have allowed the McMichaels to serve their sentences in better prison conditions.
Granting these men their preferred conditions of confinement will defeat me, Arberys mother, Wanda Cooper-Jones, said in court. It gives them one last chance to spit in my face after murdering my son.
The federal hate-crime indictment accuses the defendants of interfering with Arberys rights. It said the McMichaels cut off Arberys route and threatened him with firearms in a chase that Bryan eventually joined, using his truck to block Arberys path as well. It also alleged that all of the defendants sought to unlawfully trap Arbery and that the McMichaels brandished firearms, with Travis McMichael firing his shotgun.
And. If I understand correctly, the Feb 7 trial is based on a new civil rights indictment beyond the previous convictions and life sentences for murder.
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The Arbery murderers' plea deal is off. (Original Post)
ancianita
Jan 2022
OP
TomSlick
(11,108 posts)1. How embarrassing.
It's pretty basic that a prosecutor does not do a plea bargain without consulting the victim or family. There is no requirement to follow the desires of the victims but they are at least due a consultation.
The US Attorney should receive a call from main DoJ to explain how this happened.
Wuddles440
(1,127 posts)2. Considering the national exposure...
this case generated, it's an almost certainty that Main Justice was consulted prior to consummating the pleas. Over the past year, several judges have questioned the recommendations by DOJ prosecutors regarding the disposition of defendants' cases. Close the case as quickly as possible and move on.
TomSlick
(11,108 posts)3. You are probably correct but I certainly hope not.
Dr. Strange
(25,923 posts)4. The DOJ says they did consult the family's attorneys.
The Justice Department entered the plea agreement only after the victims attorneys informed me that the family was not opposed to it.
https://www.justice.gov/opa/pr/statement-assistant-attorney-general-kristen-clarke
https://www.justice.gov/opa/pr/statement-assistant-attorney-general-kristen-clarke
TomSlick
(11,108 posts)5. Well, one of three things is true.
Either the family is lying - or DoJ is lying - or the family's attorneys did not speak with the client. None of these would be a good thing.