Judge denies motion to dismiss Cobb DA from Arbery case

Mar. 19—Eastern Judicial Circuit Judge William Walmsley has flatly denied a defense attorney's motion claiming the Cobb County district attorney is biased against his client in the murder case of Ahmaud Arbery.

In a motion filed March 1, attorney Kevin Gough requested that newly-elected Cobb DA Flynn Broady step down from the case against William "Roddie" Bryan, the man who videotaped the February 2020 shooting death for which he stands accused of murder. Bryan is charged with felony murder, aggravated assault, false imprisonment and other charges, along with father-and-son co-defendants Gregory McMichael and Travis McMicheal.

Gough's motion claimed that Broady highlighted the prosecution of Arbery in a successful bid against incumbent Joyette Holmes in November. Gough further claimed bias because Holmes and Cobb Chief Assistant Prosecutor Jesse Evans previously worked with co-defendant Gregory McMichael, 65, a retired investigator with the Brunswick Judicial Circuit District Attorney's office. In that capacity McMichael worked with Evans and the Cobb DA on cases with ties to both districts, further tainting the case against the defendants, Gough maintained.

Gough noted that Broady stressed the importance of prosecuting the Arbery case in campaign spots on Facebook, Twitter and in videos, suggesting that Broady questioned Holmes' ability to prosecute it.

Travis McMichael fired three shotgun blasts into Arbery, 25, on a street in Satilla Shores on Feb 23, 2020, killing him. The shooting death followed a pursuit of several minutes in which Arbery ran from the two McMichaels, who were in one pickup truck, and Bryan, who was in another pickup. Bryan also used his cellphone to videotape the fatal showdown, a video that sparked national outrage when it went viral online in May 2020. The defendants claimed they suspected Arbery of burglary.

In his March 10 decision, Walmsley said the motion "failed to show any conflict of interest that would disqualify District Attorney Pro Tempore Broady ..."

Walmsley said Broady's campaign comments were benign to the actual case. "This was standard campaign rhetoric," he said.

Walmsley dismissed Gough's implications that Broady's campaign comments suggested the Cobb DA's office was not prepared to handle the case. "Defendant Bryan's attempts to insinuate that District Attorney Broady thinks that the Cobb County District Attorney's office lacks the resources to handle this case is sheer fabrication," wrote Walmsley, a Chatham County Superior Court judge assigned this case after Glynn County judges claimed conflicts of interest. "Thus, the assertion that 'this court is compelled to disqualify the Cobb County District Attorney's office' is unsupported by any evidence or the Georgia Rules of Professional Conduct."

Gough filed two more motions on March 10. In one, Gough called for all those essential to conducting the trial to be vaccinated against COVID-19. "Wherefore, defendant prays that this court enter an order directing the Georgia Department of Health to make arrangements to vaccinate any unvaccinated clients, counsel, court personnel and potential jurors who desire to be vaccinated on a schedule designed to ensure that defendant Bryan's speedy trial rights are not further encroached upon," Gough wrote.

And in a "Gilding the Lily" motion, Gough called for a "'hard discovery' deadline" on prosecutors' ability to present additional evidence or to call more witnesses. The motion maintains there has been ample time for the state to gather pertinent information and evidence on which to build the prosecution, adding that his client's right to "a fair and speedy trial" trumps the prosecution's desire for a "perfect trial" against Bryan.

"It is doubtful that there could be any additional information or evidence found at this late date that would have any meaningful impact on the strength of the state's case against Mr. Bryan," Gough wrote.

The three defendants remain in the Glynn County Detention Center.