3:00 PM: Jason Sheffield asks to limit the playing of any photograph or video of the front vanity plate on his client Travis McMichael’s truck. He says it is inflammatory. He said the State does not intend to make the case about racial motivations unless the defense opens the door.

“It’s an improper comment...on Travis McMichael’s character,” at least as he believes the State intends to use it, Sheffield said.

Prosecutor Linda Dunikoski responded that racial animus is evidence of motive, not character. She said the prosecution is not intending to or anticipating introduce motive evidence of racial animus but “if Travis McMichael opens the motive door the State’s going to walk through it.”

She said its relevant in this case because there is a point where Arbery looks at the front of the truck and turns around, providing circumstantial evidence that he saw the plate.

Judge said this issue dovetails with the probation matter discussed earlier. Walmsey said the defense’s earlier argument is that the probation evidence that not character evidence but it is informative of Arbery’s actions when confronted. He said there is parallel logic if the the state’s argument is Arbery saw the truck coming toward him and that informed his actions in some way.

“It’s an interesting parallel which maybe helps the Court with taking the probation matter under advisement,” Walsmley said.

Dunikoski said the state is not arguing Arbery turned and ran because he saw the flag. She says it’s not parallel because Arbery’s thoughts on probation is speculation, but that he saw the truck is a fact.

“I can’t prove he saw that flag,” she said, adding that this is intrinsic evidence because “it was on he truck,” while probation is extrinsic.

“What evidence exists that he saw the truck? The State is jumping into Ahmaud Arbery’s mind when he turned,” argues Sheffield. “The evidence will bear out that Mr. McMichael’s truck was nowhere near that moment. The State can say what he ‘knew?’”

“We need to be careful here. We’re either going to talk about what was on his mind, or we’re not,” says Jason Sheffield. “Mr. Arbery turns when the truck is way past him.”

Sheffield said the issue is not Travis’s motives, but his intent. He contends it’s a “can opener” for the State to imply motive of racial animus. McMichael’s actions are not about “motive” on that day. He says the simple solution is to not show that plate on the truck. “How many photos of the truck do you need?”

12:00 PM: It’s a day of pre-trial motions in the Ahmaud Arbery shooting case. Opening statements are expected tomorrow, Friday, in the murder trial of the three white men accused of chasing and fatally shooting the unarmed 25-year-old Black man.

A major part of today’s arguments has to do with the defense’s desire to have a use-of-force expert testify on behalf of Arbery’s shooter, Travis McMichael.

The judge ruled the expert cannot testify.

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