Many are wondering precisely why a local defense attorney who “informally consulted” with Gregory and Travis McMichael, the two men now charged with murdering Arbery, would choose to release the video which led to immediate outrage and to eventual criminal charges.
A few lines in a Friday New York Timesreport which detailed how video of the killing of Ahmaud Arberybecame public have raised interesting professional conduct questions among lawyers observing the case. Many are wondering precisely why a local attorney who “informally consulted” with Gregory and Travis McMichael, the two men now charged with murdering Arbery, would choose to release the video which led to widespread outrage and eventually to criminal charges.
Relevantly, the Times reported that the local criminal defense attorney, Alan Tucker, “had informally consulted with the suspects” now charged with murder. Tucker told the Times “that the video had come from the cellphone of a man who had filmed the episode and that he [Tucker] later gave the footage to [a local] radio station.” A radio station employee, Scott Ryfun, confirmed that Tucker was the source of the video. The radio station was the first organization to release the now-viral graphic footage. The Times characterized this sequence of events as “a twist emblematic of the small-town politics that have defined the case” because the “source turned out to be a criminal defense lawyer in town.”
William “Roddie” Bryan recorded the video; he gave it to the police before he also gave it to Tucker, the Times said. Yet it was arguablythe outrage which came in the wake of the video that led higher authorities to finally act after the original officials on the case were scolded for not doing enough.
It is an interesting outcome for the two defendants who reportedly sought so-called “informal” counsel from Tucker — something which is generally not contemplated by the law.
Tucker told the Times he believed the video would “dispel rumors.” He also explained his rationale for releasing it. According to the report:
Tucker has made clear though other interviews that he is not representing the McMichaels. Still, the professional conduct implications of his decision to leak the video are raising eyebrows among some members of the legal community.
