Brian Kemp, Richard Brooks, Atlanta discussed on The Takeaway
For more. We're here with jesse. Rice president of the appeal and aaron morrison national race and ethnicity writer for the associated. Press josie and erin. Thank you so much for being with us. Thank you for having ans- be with you aaron. The killing of ahmad arbery was caught on video. He was shot three times in broad daylight while he was on a run because three right vigilantes thought he was involved in nearby robberies. Remind us how local prosecutors initially handled this case will. They initially handled it by Let's just be blunt by not handling it. They did not afford Mister perry the civil rights protections that You know others would would get in a what is clearly a criminal a criminal case so And at a very heinous act That was carried out by the by the mcnichols so That's the reason why his mother wanted to. Cooper has filed a civil rights lawsuit just Just recently on the one year anniversary of his death. And where do things currently stand with the trial of the men charged with his murder while they essentially wait await trial trial. Date has not actually been set yet so We're you know we're we're a few days past the one year since amounts death And the families is still awaiting no basically A roadmap for for how how. Things are going to proceed josie. What sort of defense are the three men charged in arby's murder planning on using where basically expecting to see them. Use two different defenses for their actions that day. The first Is the Citizen's arrest law. Which has existed and In georgia law. Since the year that the emancipation proclamation was signed. That's relevant because this law really has a racist origins and has Been employed in explicitly racist ways. Right so it gives it essentially gives citizens or especially white citizens the right without you know to to use the force of law to arrest people using the force of law though they don't have law enforcement credentials And what we see is that it. It plays out In similar situations thrown with arbery They also plan to use what is essentially a stand. Your ground law Basically arguing that ahmad arbery You know came at them after they tried to arrest him and in his Aggression made it reasonable for them to shoot and kill him. You can see how together these two laws Really allow If employed liberally really allow anyone to get away with shooting and killing whoever they want For the suspicion of even the slightest infraction rate. I mean the argument that they they were attempting to arrest him but they were also acting in self-defence Really doesn't align Unless you are in a place like in a place like glenn county last. June georgia governor. Brian kemp signed a hate crime. Measure into law in response to the reaction to arbitrary death before that georgia was one of only four states. That did not have a hate crimes. Statute camp has also proposed overhauling that civil war era. Citizen's arrest law. That you mentioned josie. So how significant are these changes. Look i think it's important to acknowledge some of the ways in which ahmad berry's death was systemically endorsed right and i think that the fact that georgia is one of four got a heat. Crime law is irrelevant. Data point die being said. I find that very often and especially very often southern states. I'm in georgia. These laws end up being used against the very people that they're meant to protect right places like louisiana where now Police are a protected class under the under a hate. Crime law right. You see under ecg and other states where actually any any additional criminalization tends to primarily hurt black and brown people for people not actually the people that this maybe maybe directed towards so i love to see an overhaul of this arrest. Lots and lots of bipartisan effort I think i think i understand the move towards signing a hate crime law but i am skeptical at how actually effective it will be at preventing deaths like amount rbis. This is this is trying to fight as pretty often criticized a culture war with policy an What we see in south georgia is yet again. Another example of of a history of racism and a history of law enforcement supported racism You know ending yet again in the death of at death of an innocent person. Aaron another notable incident of police brutality and georgia last year was the police killing of twenty-seven-year-old rayshard brooks in atlanta. Remind us about the details in his killing right. So you know rayshard brooks. It's pretty well know now that he was essentially stopped on suspension. Suspicion of dui. But you know. I was actually worker at the the wendy's that called because Mr brooks was asleep in his car and After an exchange with officers Who you know essentially Wanted to take him in Even though he parked his car and didn't appear to be posing any threat on on anyone. escalated into confrontation where they tried to use force to to detain him And then at one point. He got a Hand he. He basically got control of an officer's keizer he runs away and he shot in the back Those the officers involved were pretty swiftly. charged In in brought in on the case But the case is actually pretty complicated where it stands right now because it was the under the former. Da paul howard to boot essentially charged of the officers without Really empaneling a grand jury in the traditional sense and there are lots of reasons for why that that happened. But now there's the is sort of languishing bit because there's a new. Da who still. Who's now trying to decide how to proceed jussie. How common is it for district attorneys to be able to bring charges against police officers without involving a grand jury like erin just mentioned experiments uncommon and most states to be able to charge serious violent felonies without involving a grand jury. But it's kind of complicated. I mean i think it sort of depends state by state. I mean what we know. In general is that the the law and every state includes provisions that make it very difficult to convict a law enforcement officer of something like murder rate of of something like that you know. Inuk in cases like the death richard brooks And or the death of george floyd and so got dot. What what what has faced by by grand juries by trial. Juries by by defense attorneys. I'm sorry by prosecutors. Defense attorneys and by judges is the general limitations of the law in terms of wet their allies willing to do to hold the state accountable and the reality is they're just not willing to do much. The law protects state. It does not actually protect the people.