The jury has heard transcripts of interviews from all three of the accused, along with several clips of cell phone video of the shooting, and a frame-by-frame showing of the video.
The judge denied the motion.
Jurors hear from forensic pathologist who conducted autopsy
Earlier Tuesday, the state called several witnesses, all employed by the Georgia Bureau of Investigation (GBI), to help explain evidence in the case entered into record.
Among them was Assistant Special Agent in Charge Richard Dial, the lead GBI investigator, who testified on the timeline of events in the case, once the state was requested to conduct an investigation on May 5, 2020.
Prosecutors presented maps showing the path traveled by Arbery and the defendants on the day of the shooting and showed the jury drone videos, taken by the GBI, of the area where the shooting happened, with Dial explaining what the drone video showed as it played in court.
Jurors also heard from GBI forensic pathologist Dr. Edmund Donoghue — the man who performed Arbery’s autopsy — detailed Arbery’s injuries as jurors saw graphic photos from the examination.
Though three shots were fired, only the first and third struck Arbery, Donoghue testified. The first not only grazed his right wrist — hitting an artery and causing severe bleeding — but also struck his center chest, he said.
The third shot struck his left chest and armpit, hitting his axillary vein and axillary artery, Donoghue testified.
While a tourniquet could have remedied the wrist injury, nothing could be done on scene to save Arbery’s life after either of the torso wounds, Donoghue said.
Prosecuting attorney Linda Dunikoski asked whether Arbery’s first set of injuries — the wrist and chest being hit by the same shot — could be “consistent with someone pushing a shotgun away from them” or “consistent with someone maybe grabbing the shotgun.”
“It could be, yes,” Donoghue answered to both questions.
Donoghue testified he initially thought the distance between the gun and Arbery’s body was 3 to 4 feet when the gun fired, because he had not yet seen the cell phone video. However, having seen the video, he now believes the distance was 3 to 20 inches, or “close-range to near-contact.”
In cross-examination, Donoghue testified he could see Arbery’s hand on the shotgun in still frames taken from the video.
And, he testified, even after the first gunshot wounded his wrist and chest, Arbery was able to hold onto the gun with one hand and hit Travis McMichael with the other, citing the video evidence.
Thirteen shotgun pellets exited Arbery’s back, and 11 more were recovered from his wounds, the report says.
Defense attorney files motion about who appears in public gallery
Gough told the court Tuesday morning — before jurors entered the courtroom for the day — he had filed a paper motion “to prohibit any further conduct that may intimidate or influence jurors, otherwise interfere with a fair trial.
‘It raises the same issues, perhaps with more authority than were raised previously,” Gough added.
Gough indicated the motion would raise the issue of whether the court should keep a record of who is in the courtroom.
On Monday morning, Gough had asked the judge to order a court employee to preserve a record of people in the courtroom the jurors could see, in case any of the three defendants are convicted and an appeal is filed. The judge denied the motion Monday.
On Tuesday morning, the judge said the court was “working through the issues presented,” and would “get you the court’s ruling as quickly as possible.” Details about the full motion weren’t immediately available.
Jackson visits courthouse for second day
Jackson spent a short time Wednesday in the courthouse’s overflow room before speaking to reporters outside, alongside Arbery’s father.
Having been in the courtroom on Monday, Jackson wanted to support the family without becoming a distraction, a source close to Jackson told CNN.
Outside the courthouse Tuesday, Jackson said Arbery’s family “has withstood lots of pain,” and the details and pictures displayed in court were “a lot to take.”
Sharpton has a rally and a march planned for Thursday, and Jackson has said he plans to be in court during the week.
Monday, Judge Timothy Walmsley said the court’s position — not making any blanket rules over attendance as long as everyone is respectful in court — had not changed. “It’s almost as if you’re just trying to continue this for purposes other than just bringing it to the court’s attention,” he said to Gough.
Walmsley on Monday called some of Gough’s previous comments “reprehensible” and stressed to all the attorneys their words were having an impact. He told them they needed to understand “that your words in this courtroom have an impact on a lot of what’s going on.”
In addition to malice and felony murder, the defendants also face charges of aggravated assault, false imprisonment and criminal attempt to commit a felony. All have pleaded not guilty. If convicted, each man could face life in prison without the possibility of parole.
CNN’s Amir Vera, Travis Caldwell, Joe Sutton, Jason Morris, Ryan Young, Pamela Kirkland and Orlando Ruiz contributed to this report.