In Brunswick, Georgia, a former district attorney, Jackie Johnson, faced a courtroom for the first time on Wednesday, over three years following her indictment by a grand jury for allegedly obstructing the investigation into the 2020 murder of Ahmaud Arbery.
Johnson, who held the position of the state’s lead prosecutor for the Brunswick Judicial Circuit for ten years, came to court as a defendant. She is facing charges for violating her oath of office and hindering law enforcement during the probe into Arbery’s fatal shooting.
The incident that led to the charges occurred on February 23, 2020, when 25-year-old African American Arbery was chased and shot by two armed white men in a pickup truck who mistakenly believed he was a burglar. One of the pursuers, Greg McMichael, was a retired investigator for Johnson’s office, and his son, Travis McMichael, ultimately shot Arbery with a shotgun.
Prosecutors representing Attorney General Chris Carr assert that Johnson misused her authority to shield Greg McMichael from scrutiny, advising police against arresting Travis McMichael in connection with the shooting.
Denying any wrongdoing, Johnson asserts that she promptly recused her office from the case. Nonetheless, public anger regarding Arbery’s murder led to her ousting from office a few months later. In September 2021, she was indicted by a grand jury on a felony charge for violating her oath and a misdemeanor charge of hindering a police investigation.
During a preliminary hearing on Wednesday, Johnson’s defense attorney, Brian Steel, announced plans to present evidence in her trial next month, arguing that she was preoccupied with an indictment against a police chief at the time of Arbery’s death. “She didn’t know what was going on with Ahmaud Arbery’s case,” he stated.
Court filings from the prosecution indicate that Johnson and Greg McMichael exchanged 16 phone calls following the shooting, with McMichael leaving her a voice message on the day of the incident.
Senior Judge John R. Turner has scheduled the jury selection for Johnson’s trial to commence on January 21, with both legal teams estimating that the trial may last about 2.5 weeks. However, Turner acknowledged that the high-profile nature of the case could lead to a longer duration.
In the case surrounding Arbery’s tragic death, both McMichaels were convicted of murder and federal hate crimes, as was William “Roddie” Bryan, a neighbor who participated in the chase and filmed the incident. Each of the three men is currently serving life sentences. The case gained traction after Bryan’s video went public, which prompted the Georgia Bureau of Investigation to take over from local authorities.
Johnson’s case progressed slowly, especially as Steel devoted nearly two years to defending rapper Young Thug in a significant racketeering and gang trial.
Following the charges against her in 2021, Johnson reported to jail for booking but was released without posting bond. Her legal team chose to waive a formal reading of the charges in court.
Upon entering the courtroom on Wednesday, Johnson was supported by her family, along with her former chief assistant prosecutor and a previous court clerk.
Judge Turner addressed various legal motions from both defense and prosecution regarding the jury’s access to certain information. Prosecutors wish to exclude Johnson’s previous electoral victories and notable prosecution cases, while her defense seeks to limit references to other instances where she called for an external prosecutor.
One significant issue that remained unresolved was whether Carr’s office could appropriately handle the case. Steel has requested Judge Turner to disqualify Carr from prosecuting Johnson, claiming that the indictment implicates Carr’s office as having been misled by Johnson back in 2020 when she suggested the appointment of George Barnhill, another prosecutor from a neighboring jurisdiction, to address Arbery’s death.
Carr contended that he assigned Barnhill without any knowledge that Johnson had previously urged police to consult him about the case. Barnhill, after reviewing the circumstances, concluded there was insufficient evidence for an arrest, positing that Arbery was shot in self-defense.
Steel argued that the nature of the indictment positions Carr’s office as a victim and its personnel as key witnesses, further complicating matters. “I don’t believe it is within the law to allow a prosecutor, or any lawyer, to be a material witness in a case they are also trying,” Steel remarked.
No immediate judgment was rendered by the judge regarding the matter.
Prosecutor John Fowler countered, stating that the personnel from the attorney general’s office who interacted directly with Johnson during the Arbery case no longer work there. Fowler accused Steel of attempting to place Johnson’s case in a legal limbo where prosecution would be virtually impossible. “They’re trying to get this case into a place where it cannot move forward,” Fowler stated.