Prosecutors to deliver final rebuttal in the trial of Ahmaud Arbery's killing before jury deliberates

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Prosecutors will begin court proceedings Tuesday in the trial over the killing of Ahmaud Arbery with a rebuttal to closing arguments made by the defense, which some legal experts felt were racially insensitive and led to Arbery's mother excusing herself from the courtroom.
(CNN)

Lead prosecutor Linda Dunikoski will commence with remarks Tuesday morning and is expected to drive the theme that the case against the defendants is about "assumptions and driveway decisions."

All three defendants made decisions to attack Arbery "because he was a Black man running down the street," Dunikoski said Monday.

Travis McMichael, along with father Gregory McMichael and neighbor William "Roddie" Bryan Jr., face charges including malice murder and felony murder in the killing of Arbery on February 23, 2020. The trio pursued Arbery -- whom they suspected of burglary -- in their vehicles, and led to Travis McMichael fatally shooting Arbery.

The three also face charges of aggravated assault, false imprisonment and criminal attempt to commit a felony. All three have pleaded not guilty, with Travis McMichael arguing he shot Arbery in self-defense. If convicted, the men face sentences of up to life in prison without the possibility of parole.

After the state is done, Judge Timothy Walmsley will charge the jury with instructions and deliberations will begin.

Family objects to comments from defense attorney

On Monday, Laura Hogue, an attorney for defendant Gregory McMichael, claimed in court that Arbery was a "recurring intruder" who repeatedly trespassed when entering an open construction site in the Satilla Shores neighborhood outside Brunswick, Georgia, where Arbery was shot and killed.

"Turning Ahmaud Arbery into a victim after the choices that he made does not reflect the reality of what brought Ahmaud Arbery to Satilla Shores in his khaki shorts with no socks to cover his long, dirty toenails," Hogue said.

The autopsy report of Arbery noted the condition of his toenails. Arbery's mother, Wanda Cooper-Jones, left the courtroom after Hogue's remark, saying "I gotta get out of here."

She told reporters on the steps of the courthouse after proceedings, "Regardless of what kind of toenails he had, what size legs he had, that was still my son, and…
Alta Spells, Devon M. Sayers and Travis Caldwell, CNN
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