ATLANTA — A trial date for the three men charged with the murder of Ahmaud Arbery has finally been set. And a hearing this week could determine if defense lawyers can essentially put the slain Arbery on trial when the case goes before a jury.
Judge Timothy Walmsley is being asked to allow details of Arbery’s past scrapes with law enforcement to be put into evidence. Walmsley must also decide whether Arbery’s mental illness is relevant to the defendants’ claims of self-defense. The judge, who has set an Oct. 18 trial date, will consider the requests during hearings Wednesday and Thursday.
If Walmsley allows the evidence, it will be an enormous victory for the defense and completely change the nature of the trial. As expected, prosecutors strongly oppose it.
“Murder is illegal whether the victim regularly served breakfast to the homeless at his church, or regularly stole cars, or did both,” the state said in a court filing. “The victim’s prior crimes or other acts involving third parties do not excuse or mitigate his murder and are generally not relevant to any issue at trial.”
Former Gwinnett County District Attorney Danny Porter said he does not expect Walmsley to grant the request because the defendants knew nothing about Arbery’s past when they confronted him. “I think it’s a shot in the dark by the defense, but if they succeed it’s going to complicate the prosecution’s job,” he said.