it s a black male running down the street. what s your emergency? there s a black man running down the street. reporter: it turns out arbery had not committed a burglary. they wanted it to be a burglary, so that s a felony. they can chase him down. reporter: the burden is on the prosecution to prove the nine charges against each defendant beyond a reasonable doubt, including aggravated assault and murder. the defense interrupted the prosecution s argument several times. each time calling for a mistrial over the prosecutor s interpretation of the law for the jury. you can t argue a misstatement of the law. motion for mistrial is denied. reporter: in closing arguments monday, the defense went after arbery s actions and his character. they referred to video taken off arbery wandering inside a home construction site months before he was killed. he was a recurring nighttime intruder. reporter: one defense
arguments, the defense went after arbery s actions and his character. they refer to video taken of arbery wondering inside a home construction site months before he was killed. he was a recurring nighttime intruder. one defense attorney went after the dead 25-year-old s appearance. his khaki shorts with no socks to cover his long, dirty toenails. reporter: her comments caused gasps in the court and his mother rushed out in horror. the prosecution calling out the move to disparage a victim. malign the victim, it s the victim s fault. i know you re not going to buy into that. it s offensive. reporter: speaking of offensive, that is exactly how arbery s mother described it. she said it was rude that they mentioned his toenails, but did
the motion is denialed. reporter: in closing arguments monday, the defense went after arbery s actions and his character. they referred to video taken of arbery wandering inside a home construction site months before he was killed. he was a recurring nighttime intruder. reporter: one defense attorney went after the dead 25-year-old s appearance. in his khaki shorts with no socks to cover his long dirty toenails. reporter: her comments caused gasps in the court and arbery s mother wanda cooper jones rushed out of court in horror. the prosecution calling out the defense s move to disparage a victim. malign the victim. it s the victim s fault. i know you re not going to buy into that. it s offensive. reporter: now arbery s mother has responded to the defense attorney talking about her son s dirty toenails.
jr. the three all face murder and other charges. they have pleaded not guilty. they told police they thought arbery was the person seen on surveillance videos visiting a home construction site in the neighborhood, but police report that he never stole anything. no justice! no peace. reporter: demonstrators rallied at the courthouse today. and the victim s family says they re not surprised the jury is mostly white. i wasn t surprised. that s just some of what we ve already been facing in this case. just another part of the injuses that we see here in glynn county. reporter: the special prosecutor fought the removal of eight black potential jurors in this case, but she lost. this trial begins in earnest tomorrow morning. david? steve osunsami from georgia tonight. steve, thank you. we re going to turn next here tonight to the alarming evidence now emerging in the case of two men accused of what could have been a deadly plot. a hate-filled plan that was set to unfold in virg
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