The Legal Uses of Blackness

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Why attorneys in the Ahmaud Arbery case did — and didn’t— invoke his race during the trial. zakcheneyrice writes

A mourner visits Ahmaud Arbery’s grave in Georgia. Photo: Sean Rayford/Getty Images Around this time seven years ago, I was driving from Missouri, where I’d been covering the case of the police officer Darren Wilson, to Ohio, where my girlfriend’s family was hosting Thanksgiving.

Inside the Clayton County courthouse where McCulloch presented his case to the grand jury, the terms of the dispute were more visceral. “It looks like a demon,” Wilson testified, comparing Brown, a teenager, to a lead-resistant Hulk Hogan, “that’s how angry he looked.” So the fact that we’re here again, at the end of another case where a Black man was shot dead by a frightened white man, is less notable for its sense of déjà vu than for being a reminder of who the invocation of race is usually meant to help. According to reports, it wasn’t until their closing arguments in the Arbery case that prosecutors brought up race at all. On February 23, 2020, Gregory and Travis McMichael and William Bryan Jr.

Kevin Gough, the defense attorney for William Bryan Jr., was more blunt. “We don’t want any more Black pastors coming in here or other Jesse Jackson, whoever was in here earlier this week, sitting with the victim’s family trying to influence a jury in this case,” he said to the judge last Thursday, when the jury was out of the courtroom.

 

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