>>JENNIFER WAUGH: IT IS 19 MINUTES AFTER 7 O’CLOCK MORE QUESTIONS THIS MORNING ABOUT
NEW INFORMATION JUST RELEASED
ABOUT 2 DISTRICT ATTORNEYS AND
WHAT THEY DID OR NOT DO IN THE
DAYS ON ARBERY WAS SHOT AND
KILLED OUTSIDE
A BRUNSWICK AS WE KNOW IT TOOK
74 DAYS BEFORE ANY ARRESTS WERE
MADE AND THAT ONLY HAPPENED
ONCE THE GBI WAS CALLED AND IT
TOOK LESS THAN 36 HOURS FOR
THOSE AGENTS TO DETERMINE THAT
THERE WAS SUFFICIENT EVIDENCE A
PROBABLE CAUSE TO ARREST THESE
2 MEN, GREGORY MCMICHAEL IN HIS
SON TRAVIS INVOLVING MURDER AND
AGGRAVATED
ASSAULT CHARGES. GREG MCMICHAEL
TOLD POLICE THAT HE AND HIS SON
CHASED AHMAUDARBERY BECAUSE HE
LOOKED LIKE THE SAME PERSON WHO
ATE COMMITTED QUOTE SEVERAL
BURGLARIES IN THEIR SATILLA
SHORES NEIGHBORHOOD YET
ACCORDING TO DOCUMENTS
REQUESTED BY THE BRUNSWICK NEWS
NEWSPAPER AT GLYNN COUNTY
POLICE SAY THEY RESPONDED TO
ONE BURGLARY IN THAT
NEIGHBORHOOD BETWEEN JANUARY
1ST AND THE DAY OF THE
SHOOTING. THAT’S WHAT CRIMINAL
DEFENSE ATTORNEY PAGE PATE
JOINS US NOW LIVE VIA ZOOM,
GOOD MORNING, GOOD TO SEE YOU
AGAIN MISTER PAY AND WE
DO WANT TO POINT OUT TO OUR
VIEWERS THAT YOU ARE NOT
AFFILIATED WITH THIS CASE.
NOR DO YOU HAVE ANY CONNECTION
WITH ANYONE INVOLVED CORRECT.
THAT’S CORRECT. SO OVER THE
WEEKEND MISTER PAID NEW VIDEO
SURFACED SHOWING WHAT APPEARS
TO ODD ARBERY INSIDE A HOME
UNDER CONSTRUCTION. SHORTLY
BEFORE HE WAS SHOT AND KILLED.
LET’S TALK A LITTLE BIT ABOUT HOMES THAT ARE UNDER CONSTRUCTION IS THAT CONSIDERED
A BREAK IN OR A FELONY
SOMETHING THAT WOULD WARRANT AN
ARREST BY POLICE.
>> IN THIS CASE I DON’T THINK
SO UNDER GEORGIA LAW TO COMMIT
A BURGLARY YOU HAVE TO BREAK
INTO WHAT WE CALL
A DWELLING AND A DWELLING
OBVIOUSLY IS A HOUSE YOU CAN
ALSO BE SAY A SHED IN THE
BACKYARD, SOMETHING THAT HAS
BEEN DESIGNED FOR RESIDENTIAL
USE
THIS PARTICULAR HOUSE WAS STILL
UNDER CONSTRUCTION AND IT
THAT SO I DON’T THINK IT’S EVEN
UNDERWHELMING BUT IF
IT IS YOU STILL CAN’T COMMIT
BURGLARY UNLESS YOU ENTER THAT
DWELLING WITH THE INTENT TO
COMMIT A FELONY IN
OTHER WORDS TO STEAL SOMETHING
TO INJURE SOMEONE AND THERE’S
NO EVIDENCE FROM THIS VIDEO OF
MISTER ARBERY WENT INTO THIS
HOUSE UNDER CONSTRUCTION WITH
THE INTENT TO TAKE ANYTHING SO
NO I DON’T THINK THIS IS A
BURGLARY UNDER
GEORGIA LAW.
>>JENNIFER WAUGH: SO IT’S
INTERESTING BECAUSE WE SHOULD
ADD TO THAT ALSO THE GBI SAYS
IT THEY BEFORE THEY MADE THE
ARREST INVOLVING
THE MCMICHAELS THAT THEY WERE
AWARE OF THAT VIDEO LOOK AT
THAT VIDEO AND DESCRIBED
ARBERY’S BEING IN
THAT HOME FOR UNDER 3 MINUTES
AND THEN HE WAS LATER SEEN
RUNNING DOWN THE STREET
CONTINUING HIS JOB. SO THAT
SAID HOWEVER DOES THE
GIVEN WHAT THE MCMICHAEL SAID
AS TO WHY THEY CHASED HIM
DOES IT, LET’S SAY YOU WERE
THEIR DEFENSE ATTORNEY DOES IT
BOLSTER THEIR DEFENSE THAT THEY
WERE WELL JUST HELPING A
NEIGHBOR, DEVIL’S ADVOCATE.
>> WELL, IT CERTAINLY GIVES
THEM AN ARGUMENT BECAUSE EVEN
THOUGH I DON’T THINK THAT
THAT’S A BURGLARY I DO BELIEVE
MISTER ARBERY COMMITTED
CRIMINAL TRESPASS WHICH IS A
MISDEMEANOR UNDER GEORGIA LAW
IF YOU GO INTO SOMEONE’S
PROPERTY WITHOUT PERMISSION AND
YOU KNOW YOU’RE NOT SUPPOSED TO
BE THERE IF THEY HAD EVIDENCE THAT MISTER ARBERY HAD DONE THAT ON THAT OCCASION
PRIOR OCCASIONS THEN MAYBE THEY
HAD THE RIGHT UNDER GEORGIA LAW
TO PURSUE HIM AND DETAINED HERE
AS A
CITIZEN’S ARREST, BUT AS WE
DISCUSSED LAST TIME EVEN IF
THEY HAD THE RIGHT TO
DETAIN HIM. I DON’T BELIEVE
THEY HAD THE RIGHT TO USE
DEADLY FORCE.
>>JENNIFER WAUGH: SO WE KNOW
THAT DURING THE 911 CALL THAT
GREG MCMICHAEL SAID AND TOLD
THE OPERATOR THAT THERE AND AS
WELL AS THE POLICE OFFICER WHO
CAME TO RESPOND AFTER
THE SHOOTING. THERE WERE
SEVERAL BREAK-INS AND THAT THEY
WERE CAUGHT ON HOME CERTAIN
SURVEILLANCE VIDEO AND GIVEN
THAT AND MIX THAT NOW WITH
WHAT THE BRUNSWICK NEWS
NEWSPAPER AND WE TALKED ABOUT
THIS LAST TIME SAID THAT THERE
WAS ONLY ONE REPORT OF A BREAK
IN THE NEIGHBORHOOD
IS THAT A PROBLEM THAT KIND OF
DISCREPANCY IN NUMBERS, YOU
KNOW FOR THEIR DEFENSE.
>> IT CERTAINLY DOESN’T MEAN
OBVIOUSLY THERE CAN BE A CRIME
THAT’S NOT REPORTED TO LAW
ENFORCEMENT AND PERHAPS THAT’S
WHAT THAT MICHAEL’S ARE GOING
TO SAY.
>> BUT IT’S REALLY DIFFICULT TO
DEFEND
WHAT HAPPENED. IF YOU NEVER
CALLED THE POLICE EARLIER TO
GIVE THEM AN OPPORTUNITY TO
INVESTIGATE THE CASE AND
PERHAPS ARREST, WHOEVER WAS
BREAKING INTO
THESE HOLES SO TO SAY ON THESE
BURGLARIES COMMITTED, BUT WE
NEVER
REPORTED THEM I DO THINK THAT
MAKES A CASE EVEN MORE
DIFFICULT THAN IT
ALREADY IS.
>>JENNIFER WAUGH: I WANT TO NOW
FAST FORWARD TO THIS LATEST
DEVELOPMENT THAT OCCURRED OVER
THE WEEKEND WITH THE ATTORNEY
GENERAL’S OFFICE AND GEORGIA
NOW ASKING FOR THE DEPARTMENT
OF
JUSTICE INVESTIGATION. IT
REALLY CENTERS ON THE DISTRICT
ATTORNEY IN BRUNSWICK, JACKIE
JOHNSON, BUT
REALLY SPECIFICALLY UNDER THE
DISTRICT ATTORNEY IN WAYCROSS
WHO ENDED UP TAKING OVER THIS
CASE
GEORGE BARNHILL. NOW ACCORDING
TO WHAT WE ARE HEARING FROM CAR
FROM THE
ATTORNEY GENERAL. IT APPEARS
THAT THERE WAS NOT A WHOLE LOT
OF COMMUNICATION WITH THE
ATTORNEY
GENERAL’S OFFICE AND DOES
READING THERE A PUBLIC
STATEMENT THAT
THEY’VE GIVEN THEY IT APPEARS
THAT NO ONE TOLD THE ATTORNEY
GENERAL’S OFFICE THAT GEORGE
BARNHILL THE WAYCROSS DISTRICT
ATTORNEY IN ESSENCE HAS REALLY
STARTED LOOKING AT
THIS CASE HAD GIVEN OPINIONS
ABOUT THIS INVESTIGATION AND
NOT TOLD THE ATTORNEY GENERAL’S
OFFICE
THAT INFORMATION IS THAT A BIG
DEAL WHEN IT COMES TO ANY LEGAL
RAMIFICATIONS, HE MIGHT FACE.
>> WELL JENNIFER THAT’S A GREAT
QUESTION AND IT MAY BE I THINK
THERE WERE A LOT OF MISTAKES
THAT WERE MADE EARLY IN THIS
INVESTIGATION NOW THERE’S A
DISPUTE RIGHT NOW AS TO WHETHER
THE DISTRICT ATTORNEY IN
BRUNSWICK INTENDED TO STEER IT
TO THE DISTRICT ATTORNEY IN
WAYCROSS BECAUSE OF SOME PRIOR
RELATIONSHIP. WE KNOW THAT THE
WAYCROSS DISTRICT
ATTORNEY SON WORKS AND THE
BRUNSWICK DISTRICT
ATTORNEY’S OFFICE. WHAT IS
SUPPOSED TO HAPPEN IS NUMBER
ONE THE GBI GEORGIA BUREAU OF
INVESTIGATION SHOULD HAVE BEEN
CALLED IN FROM THE VERY
BEGINNING OF THIS CASE
AND SECOND. IF YOU’RE GOING TO
RECUSE YOURSELF LIKE THE
BRUNSWICK DA DID IMMEDIATELY
CALL THE ATTORNEY GENERAL WIPE
YOUR HANDS OF THE CASE AND
SAY LOOK YOU DECIDE WHO’S GOING
TO STEP IN A SPECIAL PROSECUTOR
I’M NOT GOING TO INFLUENCE THAT
DECISION. SO I UNDERSTAND THE
ATTORNEY GENERAL IS GOING TO
LOOK INTO IT AND HE HAS ALSO
HAS THE UNITED STATES
DEPARTMENT OF JUSTICE TO LOOK
INTO IT SO I THINK WE’RE JUST
SEEING THE BEGINNING OF THAT
PART OF THE INVESTIGATION AND
SO WE HAVE JACKIE JOHNSON THE
DISTRICT ATTORNEY IN BRUNSWICK
AND THEN WE HAD GEORGE BARNHILL
AND WAYCROSS SO LET’S LOOK AT
JACKIE JOHNSON.
IF.
>>JENNIFER WAUGH: FOR SOME
REASON DEPARTMENT OF JUSTICE
FIND SOME KIND OF WRONGDOING.
WHAT COULD HAPPEN WITH HER.
>> WELL A NUMBER OF DIFFERENT
THINGS I MEAN I DON’T WANT TO
GET A HEAD OF THE INVESTIGATION
BECAUSE I DON’T KNOW EXACTLY
WHAT IT IS SHE SAID HER OFFICE
DID TO INFLUENCE THIS
INVESTIGATION.
BUT LIKE EVERY OTHER SWORE AN
ELECTED OFFICIAL IN GEORGIA
THAT SHE TAKES
AN OATH AND IF SHE DID ANY ACT
THAT VIOLATED THAT OATH THAT
VIOLATED HER ALLEGIANCE TO THE
STATE AND FEDERAL CONSTITUTION
IF SHE TRIED TO PUT HER FINGER
OR THUMB ON THIS INVESTIGATION
AND INFLUENCE THE OUTCOME
BECAUSE THE PERSON WHO WAS THE
MAIN SUSPECT WAS A FORMER
EMPLOYEE OF OR OF HERS THAT
COULD BE VERY
PROBLEMATIC FOR OBVIOUSLY THERE
IS NO ONE RIGHT NOW
WHO HAS. ANNOUNCED IN QUALIFIED
TO RUN AGAINST HER IN THIS
YEAR’S ELECTION. BUT THERE IS
NOT A LOCAL ATTORNEY WHO IS
TRYING TO GET ON THE
BALLOT NOW SHE COULD BE REMOVED
FROM OFFICE AND POSSIBLY AGAIN
TOTALLY DEPENDING UPON WHAT
INVESTIGATION DETERMINES THERE
COULD BE CHARGES.
>> AND BARNHILL.
>> WELL AGAIN WE DON’T KNOW
WHAT HE DID SO OBVIOUSLY HE
DIDN’T INFLUENCE. I DON’T THINK
THE DECISION NOT TO CALL THE
GBI EARLY I MEAN WE READ HIS
OPINION ON THE CASE HE DID NOT
THINK THAT CHARGES SHOULD BE
BROUGHT THE GBI CLEARLY
DISAGREE WITH THAT AND THEN
ALMOST IMMEDIATELY. BUT I DON’T
KNOW THAT HE DID ANYTHING TO
HIDE EVIDENCE OR INFLUENCE THE
CASE, BUT I AM CERTAIN THAT IS
PART OF
THIS INVESTIGATION. THOSE EARLY
ACTIONS THAT HIS OFFICE TO WILL
BE EARLY CONSIDERED
AN EXAM.
>>JENNIFER WAUGH: AND WE SHOULD
POINT OUT THAT JACKIE JOHNSON
AND GEORGE BARNHILL AHEAD AT
DENIED DOING
ANYTHING WRONG. PAGE PATE IS A