(CN) — After thirteen days of questioning hundreds of potential jurors, a panel of 11 white jurors and one Black juror was selected Wednesday to determine the guilt of three white men accused of fatally shooting 25-year-old Ahmaud Arbery in South Georgia last February.
Although Superior Court Judge Timothy Walmsley acknowledged that “there appears to be intentional discrimination in the panel,” the judge found that defense attorneys provided non-discriminatory reasons for striking eight Black potential jurors.
Walmsley refused to reinstate the jurors, rejecting arguments from lead prosecutor Linda Dunikoski that they were eliminated purely based on their race.
The U.S. Supreme Court ruled in the 1986 case Batson v. Kentucky that it is unconstitutional for attorneys to exclude potential jurors from the jury pool solely based on their race or ethnicity.
The defense team argued Wednesday that they struck most of the Black jurors because they had already made their minds up about the guilt of the defendants: Gregory McMichael, his son Travis McMichael and their neighbor William “Roddie” Bryan.
Dunikoski countered by pointing out that many of the 48 prospective jurors admitted into the final jury pool expressed strong opinions during questioning but said they could be impartial and base their verdict solely on the trial evidence.
But Walmsley ruled that the defense was “able to explain to the court why, besides race, those individuals were struck from the panel.”
However, the judge admitted Wednesday that it would be impossible not to recognize the “racial overtones” in the trial over the Black man’s death, which sparked nationwide outrage after a video of the shooting was leaked and went viral last May.
Greg and Travis McMichael have claimed they chased Arbery in their pick-up truck as he jogged through a neighborhood in Brunswick, Georgia on Feb. 23, 2020 because they believed he had committed a burglary.
Attorneys for the McMichaels have argued that the men planned to detain Arbery under Georgia’s now-repealed citizen’s arrest law.
Greg McMichael told police that his son shot Arbery, who was unarmed, three times with a shotgun in self-defense.
Investigators have said there is no evidence that Arbery engaged in any wrongdoing on the day of the shooting.
It was not until cellphone footage of the shooting filmed by Bryan became public that the men were arrested.
All three have pleaded not guilty to charges including felony murder, aggravated assault and false imprisonment.
The national attention on the case and the small size of the community where Arbery was killed has made the jury selection process unusually difficult.
More than 1,000 jury duty notices were sent out and approximately 200 people were questioned by the judge and attorneys.
Some expressed reticence and fear of retaliation if they were to hand down a guilty verdict.
“I think it would be naïve to think there couldn’t be real-world repercussions,” one prospective juror told attorneys last month during the selection process.
Walmsley said Wednesday that the jury, along with four alternate jurors, will be seated and sworn in Friday morning. Opening statements in the case are expected to begin then.
Follow @KaylaGoggin_CNS
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