SAVANNAH, Ga. — A judge in Georgia has turned down the request from former district attorney Jackie Johnson to postpone her forthcoming trial, where she faces allegations of improper interference in the police investigation surrounding the 2020 murder of Ahmaud Arbery.
Senior Judge John R. Turner made his ruling on Johnson’s motion, which sought to remove the Georgia Attorney General’s office from the case, claiming a conflict of interest due to the involvement of key witnesses from that office. Johnson’s lawyers argued in court recently that the attorney general’s staff could not impartially prosecute the case given their connections to it.
The trial is set to begin jury selection on January 21 in Brunswick, a coastal city located approximately 70 miles south of Savannah. Ahmaud Arbery, an African American man, was tragically shot on February 23, 2020, while he was jogging in a neighborhood. He was pursued by three white males in pickup trucks, including Greg McMichael, who initiated the chase; his son, Travis McMichael, ultimately shot Arbery. At the time of the incident, Greg McMichael was a retired investigator who had previously worked under Johnson.
It wasn’t until more than two months after Arbery’s death that arrests were made, triggered by the public release of gruesome cellphone footage showing the shooting. The Georgia Bureau of Investigation took over the case after the local authorities initially handled it inadequately. Greg and Travis McMichael were later convicted of murder and federal hate crimes in separate judicial proceedings, along with William “Roddie” Bryan, who participated in the chase and filmed the act.
During the incident, Johnson held the position of the main prosecutor in Glynn County. Although she recused her office from the case due to Greg McMichael’s prior employment, she was indicted in September 2021 on serious charges, including a felony for violating her oath of office and a misdemeanor for obstructing a police officer. Earlier that year, the voters had removed her from her position in the elections.
The charges state that Johnson used her office to provide preferential treatment to Greg McMichael and allegedly encouraged law enforcement to refrain from arresting Travis McMichael following the shooting. Johnson has firmly denied any wrongdoing. Her main lawyer, Brian Steel, argued in a recent hearing that Johnson’s focus was on pursuing significant indictments during the politically charged atmosphere at that time, indicating that she was unaware of the developments concerning Arbery’s case.
Johnson’s legal team contended that the indictment characterizes the attorney general’s office as a victim, which places them as material witnesses in the trial. This situation, they argued, raises a substantial conflict of interest for those prosecuting the case. However, the judge did not discuss his reasoning when he dismissed Johnson’s request in his ruling on Monday.
Prosecutor John Fowler addressed the court, noting that individuals from the attorney general’s office who were involved with Johnson during the Arbery case are no longer with the office.
The allegations against Johnson regarding her oath stem from her previous suggestion to the attorney general’s office in 2020 to appoint George Barnhill, a prosecutor from a neighboring area, to take on Arbery’s case. Carr stated that he had appointed Barnhill without being informed that Johnson had reached out to him beforehand, leading Barnhill to conclude that no charges were warranted as he viewed Arbery’s shooting as self-defense.
Johnson’s court appearance last Wednesday marked her first as a criminal defendant since her indictment three years ago. The judge has indicated that he was unable to proceed with Johnson’s case during the considerable time Steel spent in another high-profile courtroom, representing rapper Young Thug in an extensive racketeering and gang-related trial.