Attorneys for Travis and Gregory McMichael filed a series of motions in December at the Glynn County Superior Court that seemingly attempts to dehumanize Ahmaud Arbery, the 25-year-old Black man the two are charged with fatally shooting.
Defense attorneys Robert Rubin and Jason Sheffield filed several judiciary actions, including excluding the use of the word “victim” when referencing Arbery.
“Use of terms such as ‘victim’ allows the focus to shift to the accused rather than remain on the proof of every element of the crimes charged,” the motion read.
Rubin and Sheffield inferred that the use of the word would be prejudicial.
Additionally, the defense team petitioned the court to restrict observers from wearing face masks or apparel with messages that show support for Arbery’s cause like “Black Lives Matter,” “I Can’t Breathe,” “I Run with Maud” or “Justice for Ahmaud,” during the trial.
“The Court has the power to control the donning of articles of clothing that contain political or social agendas upon them, specifically when those messages directly address the matters at issue in the litigation,” the attorneys wrote.
Another motion entered by the defense asked the court to exclude all recorded calls made by the defendants in jail as they claim they were unaware the prosecuting attorney would have access to them.
Rubin and Sheffield argued that the McMichaels would be incriminating themselves, according to the document.
Most correctional facilities across the country clearly state that all phone calls are recorded, and conversations can be used in court proceedings, according to Prison Connect, however, attorney-client communications are still privileged.
Another motion seeks to limit photos of Arbery to just one in the trial, and for him to appear alone in the picture, without family and friends. It also requests that a non-related witness identify Arbery in the photograph, instead of a relative, "to avoid creating cumulative prejudicial error in the trial of this case."
The accused have been painted as law-abiding family men and pillars of the community, according to the Brunswick News.
Arbery was shot and killed while he jogged through a Brunswick, Georgia neighborhood in February 2020, as Blavity previously reported. Gregory and Travis McMichael claimed they thought Arbery was a thief. The men, along with William “Roddie” Bryan, chased the young man down before executing him.
Damning video and audio footage which included conversation among the men in the aftermath of the shooting surfaced late last year.
Both men have pleaded not guilty to malice and felony murder charges, various counts of aggravated assault, false imprisonment, and criminal attempt to falsely imprison Arbery.