On CNN Tuesday, Michael Moore, former U.S. Attorney for the Middle District of Georgia, broke down how the defense's last minute push for a mistrial in the Ahmaud Arbery murder trial is a clear sign the defense fears the prosecution has an upper hand.
The defense objected over the prosecution's description of the now-defunct citizen's arrest law.
"You saw the defense object to that description of the law, and even asked for a mistrial, which we should be clear the judge has denied," said anchor Jim Sciutto. "Can you explain the law here? Does the prosecutor have it right? Or does the defense have it right?"
"Remember that what we're arguing about an old law, no longer on the books," said Moore. "What it gave people a right to do back 100 years ago is chase slaves. And it is a disgusting old law, but basically I think the prosecutor had it right, trying to follow the judge's interpretation, stated charge that the court will give. The law — for those people that maybe don't do trials all the time, remember the jury is the decider of the facts and they apply the law that is given to them by the court. So both sides have a right to argue how their facts, and the facts they think fit their case, are impacted by the law. And so they're giving different versions."
"I'm not surprised at all that the mistrial was denied," added Moore. "I do think that they — the defense is trying to make hay with it and the reason is because this final closing argument, this rebuttal argument that is really a gift to the state in this case, because you don't really think much about what was said yesterday, right, the jury is going to decide something today or get the case today, and that's — this is the closest thing they're going to hear from the lawyer before they get the case."
Former prosecutor Michael Moore says defense push for mistrial in Arbery murder helps the state www.youtube.com