"Yes, I still think the chances of them being convicted are about zero."
Prediction by a lawyer who practiced in Arkansas.
Kevin Drum's blog is a typical example of opinions that I see and hear in the establishment media:
"Unlike Kyle Rittenhouse, the Ahmaud Arbery case is open and shut."
No it's not. The defense knows its jury.
The establishment media commentators on the Arbery case reiterate facts and law that would lead a trusting reader or viewer to think that "justice" will prevail, in the form of guilty verdicts. They reiterate the facts as they interpret them: Three White guys profiled a helpless Black man who was alone, unarmed, jogging on the streets of a White neighborhood. The White guys, armed with shotguns, used pickup trucks to run him down, finally cornering him -- "like a rat" as they put it -- by surrounding him with their trucks, shouting at him to stop or they would "blow your fucking head off." Then, when facing a shotgun pointed at him, in desperation, Arbery grabbed at the shotgun barrel and was shot and killed. The shooter addressed a passerby, describing the man he shot: "He's an asshole."
It was a modern day lynching by people who did it proudly. They videotaped it. The local police establishment did a quick investigation of the people they knew well from prior employment, found no crime, and hid the video evidence, which came to light only after it was leaked to the media.
The case checks every box of White liberals' frustration at the justice system's racial disparities, but the facts of this case give liberals hope, buttressed by the media coverage. How could the jury possibly find them not-guilty? And so, with a guilty verdict, America will be spared the inevitable outrage and public unrest that would come if the three men got off.
Or not.
The defense attorneys approach is a poker player's "tell." This case will not hang on the facts or the law. If the defense ever referenced race directly, I have not heard it. Instead, it is done in code. They describe an "idyllic" community, with friendly neighbors. Crime was unknown, until recently. The defense attorneys positioned these men as part of that paradise, good citizens, good neighbors. These alert protectors saw a suspicious man so, of course, they carried guns for self-defense when they chased him so they could politely request he stop to answer their legitimate questions.
The defense attorneys' are giving the jury members permission to vote their guts and protect their team. Arbery is "other," a low-caste other. He is no "jogger"--a descriptor of middle-class self-care. He was a criminal interloper. Laura Hogue, one of the defense attorneys, said, "He was no victim." He wore "khaki shorts, with no socks, to cover his long dirty toenails."
That confirms the "tell." She was not avoiding the lynching trope. She was leaning into it. The local citizenry was doing on their own what the slow, technicality-burdened legal system confounds, and the more reason for the three men to have done what they did. The defense implication is that you good citizens on the jury know what is really going on. A young buck was up to no good and they took care of business the way you sometimes need to do, like killing a dangerous animal shot out season. Or a criminal on the run. Or a runaway slave. They had seen Arbery in the autopsy photographs. He had long, dirty toenails. He wasn't one of us. He was one of them.
The Arbery case is another iteration of the Kyle Rittenhouse case. Conservative media has made Rittenhouse a hero because the men on the street deserved what they got, since they were out among rioters and arsonists. The Arbery jury is asked to look at the facts and the law, but there is a deeper judgment going on. That uppity Black guy was in a neighborhood where he didn't belong. The local good-guys took care of business. You don't punish them for that.