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Rick: First at 6 and only on CBS46, Georgia vape shops raided. Exclusive video showing officers storming a cannabis distribution center in Gwinnett County. Prosecutors arguing some companies are selling dangerous THC products.

Shon: But a new lawsuit claims the products are legal. Now businesses involved in that lawsuit are hoping to clear up the confusion. We checked and Georgia law allows for hemp-related products to be legal, as they have a Delta-9-THC concentration of no more than 0.3%. But there is a gray area surrounding other Delta products.

Rick: CBS46’s Jamie Kennedy live in Gwinnett County with the story, Jamie.

Jamie: Yeah. Good evening, Rick. So, many Gwinnett stores like this one here that sell Delta-THC products, that’s Delta-8 products, they’re worried that their inventory is in jeopardy from raids from police and why a lawsuit has been filed, and also an injunction to stop any further action.

This is exclusive video obtained of Gwinnett officers raiding a vaping distribution center looking for Delta-8-THC products, which up until recently many in the state thought was a legal practice.

Shakinah: From what I have seen and known in the past that it was legal, at least federally, and that a certain level of THC was legal.

Jamie: The products give users a very similar high to the one obtained by taking marijuana. Under the Georgia Hemp Farming Act passed in 2019, it says, “Products derived from hemp carrying no more than 0.3% Delta-9-THC can be sold legally.” It doesn’t mention Delta-8 products, so many have thought them to be legal. The Gwinnett County DA says it is illegal under the Hemp Act and say some Delta-8 products have caused a number of children to have psychotic episodes.

Brandon: The issue is that Delta-8 and Delta-10 are not always derivatives of hemp products. And even if they are derivatives of hemp product, the legislature was very specific that hemp is defined as something that contains Delta-9-THC in the amount of 0.3% or less.

Jamie: The issue of whether it is legal or not sparking a lawsuit against the Gwinnett DA by retail sellers.

Tom: I don’t believe it is gray. The Hemp Bill basically legalized all cannabinoids, all extracts, unless we’re talking about Delta-9-THC.

Jamie: Those in the business are hoping the lawsuit will bring clarity as the Delta-8 products make up well over half their profits.

Shakinah: So far, it’s hurt our bottom line, and we’re trying to adjust, but most of our sales were coming from the Delta-8 products.

Jamie: So when the distribution center here was raided, around $2 million worth of stock was taken from them. They say they always have run as a legitimate business, still are running as a legitimate business. The Gwinnett County DA tells me that they are constantly working with business owners on this legislation. Live in Norcross, Jamie Kennedy, CBS46 News.

Woman: Breaking at 6, raves…

TRANSCRIPT:

Wolf: Let’s discuss what’s going on with Criminal Defense Attorney Page Pate. He’s also in Brunswick, Georgia this morning for us. Page, thanks very much for joining us. Tell us what you expect from today’s sentencing. Will these men spend the rest of their lives in prison?

Page: Well, Wolf, in Georgia, it is really up to the judge to decide if someone who has been convicted of either malice murder or felony murder receives a life sentence with the possibility of parole or a life sentence without the possibility of parole. I think there is a very good chance that the judge sentences Travis McMichael because he was the man who actually shot Ahmaud Arbery, to life without the possibility of parole. But I expect we may see the other two defendants get a life sentence with the possibility of parole. But it is important to note that, that’s just a possibility. The judge does not give them parole, does not guarantee that they will get parole. That will ultimately be up to a parole board decades down the road.

Wolf: Yeah, 30 years. He might be eligible for parole after serving 30 years. Look at this, Travis McMichael who actually did the shooting is 35 years old. Gregory McMichael, his father, is 66 years old. And William “Roddie” Bryan is 52 years old. Could age be taken into consideration during today’s sentencing?

Page: It certainly could. I mean, the judge can recognize that even a life sentence with the possibility of parole could be an effective life sentence, especially for Greg McMichaels, the older of the three defendants. But I think at the end of the day, a judge is gonna impose a sentence based on the severity of the crime, which here is, obviously, very severe, and the relative roles of each of these defendants. And that’s where I think Travis McMichael is probably the most likely to receive a life without the possibility of parole.

Wolf: Do you think we’ll hear from the defendants, actually, today? Do you think they’re gonna give us some sort of statement?

Page: Well, that’s a great question. I mean, obviously, there are two things that might have their lawyers suggest that they not make a statement. Number one is, this case will be appealed to the Georgia Supreme Court right after the sentences are imposed. And secondly, there is this federal trial that’s gonna take place next month, right here in Brunswick. And so anything these guys say in court could later be used against them. And so, while they may simply say they accept the verdict of the jury, they regret what happened, I doubt you’re gonna hear anything more substantial than that from any of these defendants.

Wolf: We’ll have live coverage coming up in the next hour of that hearing. Page Pate, thank you very, very much. Still ahead…

TRANSCRIPT:
Jessica: It may be a holiday weekend, but jury deliberations need to continue. That is the message from the presiding judge in the Ghislaine Maxwell sex trafficking trial. And this comes as fears grow over the Omicron variant and potentially a possible mistrial for the longtime Jeffrey Epstein associate. If convicted on all six counts, Maxwell could face up to 70 years in prison. Criminal defense and congressional law attorney Page Pate is joining us now to talk more about this case. Page, great to see you. Unless jurors decide on a verdict here, they’re gonna keep going through New Year’s. What do you make of that?

Page: Well, I think that’s very unusual. But I understand the judge is concerned number one, that they don’t have a verdict yet. Although they did indicate yesterday, they were making progress we have not seen the type of progress I think that the judge was hoping for when she decided to give them time off for Christmas. The other thing, obviously, that’s concerning the judge, and I think many people right now, is the fact that COVID numbers are, you know, coming up again. And it’s very possible when you have this many people serving on a jury together, they’re doing deliberations, that there can obviously be some transmission of COVID. And if that happens, if someone gets sick, if they have to stop deliberations, then that could lead to a mistrial, which means they have to start all over again. So, obviously, the judge is concerned about those things.

Jessica: Right. And the jury we know has sent 14 notes and deliberations are now in their sixth day. Today was the first time they did ask for some testimony transcripts from five defense witnesses, but 14 notes they’ve sent out with questions. What do you think is happening here? What does that tell you?

Page: Well, it’s always difficult to know what’s going on inside the jury room. I think most people assume, “Hey, if they’re asking for witness transcripts, if they’re asking questions about the jury instructions, then maybe the jury is split.” But it could just mean that there’s one or two people that are holding out, and the others in the jury are trying to convince them on the evidence by getting that evidence again, going over the testimony of the witnesses again to try to convince them that it’s either guilty or not guilty. And in this case, it’s not like a simple murder case or manslaughter case where you have one or two counts, there are six separate counts. And these are fairly complicated federal charges. So that’s necessarily gonna take some time to go through it.

Jessica: To go through all of that. At this point, what do you think the probability is of a mistrial? Is that something you think is still kind of out of the realm of possibility or possible?

Page: Well, it’s certainly possible because even though the judge can make the jury stay through the holiday weekend, she cannot pressure them to return a verdict. Federal law requires the jury to understand that they don’t have to give up a firmly, honestly held belief just in order to reach a verdict or to reach consensus. So, they’ve gone a long time. And it is certainly possible that we may see them extend through the weekend. And if they can’t get a verdict before the holiday weekend, and they don’t wanna stay through the holiday weekend, they may tell the judge that, “Look, we’ve tried but we just can’t do it.”

Jessica: Yeah, well, I guess we will see. Page Pate, thanks so much. We appreciate it.

Page: Thank you, Jessica.

Jessica: Mm-hmm.

Recognized as a legal expert and a criminal defense attorney with over 25 years of experience representing clients in federal court, Page Pate is frequently contacted by the media to discuss important legal cases appearing in the news.

In this case, Page was contacted by 11 Alive News to discuss “ghost guns,” and the legality of these firearms. “Ghost guns” are firearms that are created from parts that are purchased online and are then untraceable because they were not purchased from a regular firearms dealer and do not have a serial number.

Page tells 11 Alive News “you don’t have to be of a certain age to buy the parts online” and says that “Federal law right now does not control or cover ghost guns. And so no matter who you are, if you’re a child, if you’re a convicted felon, if you’re a terrorist, you can go online and purchase these parts, get the parts, construct a firearm, even though it would have been illegal for you to possess that firearm if you went to the store and tried to purchase it.”

Page also explains that scratching off a serial number from a firearm is a federal crime. However, he says since “ghost guns” originate as just parts that are ultimately put together to create a firearm, they don’t have a serial number, which creates a loophole in federal firearm laws. Page further explains that “Under federal law, the part for a firearm is not a firearm. And federal law only regulates firearms. Now, there’s an exception if it’s an automatic weapon, a part of a machine gun is still a machine gun. But for a regular firearm, a semi-automatic firearm, a part is not the firearm.”

In a recent case in Douglas County, Georgia, a 13-year-old boy was making “ghost guns” and selling them on the street. In an altercation surrounding the sale of one of his guns, he accidentally shot and killed his sister. Page is asked if in this case, the parents could possibly be charged criminally. He responds, saying “There is a Georgia law called reckless conduct. And it can apply when a parent is so negligent that he or she is allowing things to happen in the house that could be criminal and that could ultimately hurt someone, and that’s exactly what happened here.” He also comments that “You have a certain obligation as a parent to know what’s happening in your house, especially with your kids. Because if the parent basically says, “Look, you know, whatever happens in that room, I don’t know about,” that’s not good enough under Georgia law.”

TRANSCRIPT

Ron: 11Alive’s Dawn White is in the studio with us tonight, explaining why they’re called ghost guns and why anyone can legally buy parts to make them, Dawn.

Dawn: Well, ghost guns are untraceable firearms made from parts bought online. The Atlanta criminal defense lawyer that we spoke to for this story, he says, “You don’t have to be of a certain age to buy the parts online.”

Page: Federal law right now does not control or cover ghost guns. And so no matter who you are, if you’re a child, if you’re a convicted felon, if you’re a terrorist, you can go online and purchase these parts, get the parts, construct a firearm, even though it would have been illegal for you to possess that firearm if you went to the store and tried to purchase it.

Dawn: 11Alive legal analyst Page Pate says it’s a federal crime to scratch off a serial number from a firearm. But there’s a loophole with ghost guns since they’re made without a serial number and are sold as just parts.

Page: Under federal law, the part for a firearm is not a firearm. And federal law only regulates firearms. Now, there’s an exception if it’s an automatic weapon, a part of a machine gun is still a machine gun. But for a regular firearm, a semi-automatic firearm, a part is not the firearm.

Dawn: The Douglas County Sheriff’s Office says the brother had been making and is selling the homemade weapons on the street. Now, some people may be wondering, could his parents face criminal charges?

Page: There is a Georgia law called reckless conduct. And it can apply when a parent is so negligent that he or she is allowing things to happen in the house that could be criminal and that could ultimately hurt someone, and that’s exactly what happened here.

Dawn: Pate says it doesn’t matter if a parent knew their child was making guns in the home.

Page: You have a certain obligation as a parent to know what’s happening in your house, especially with your kids. Because if the parent basically says, “Look, you know, whatever happens in that room, I don’t know about,” that’s not good enough under Georgia law.

Dawn: President Joe Biden proposed measures to curb gun violence in the spring. One of them will direct the ATF to classify gun kits as firearms. Public comment for that measure ended in August, but the agency still hasn’t acted. Coming up at 6, Pate’s message to parents.

Ron: All right, Dawn. Great story. We will see you at 6 o’clock for the very latest…

Attorney Page Pate, a criminal defense attorney and legal analyst, has closely followed the Ahmaud Arbery murder case and trial of the three men charged in Mr. Arbery’s death over the past year and a half. He has been interviewed by many media outlets about the various stages of the case and the trial. As the trial concluded with the jury reaching guilty verdicts in the case, Page was interviewed by WGCL-CBS for his reaction to the verdicts, the community response, and about the sentences that the Defendants may now face.

Page tells CBS that he is “relieved” by the guilty verdicts returned by the jury in the case. He says that “this community has come an incredibly long way. I mean, just think back in February of 2020, not only were these individuals still free, there was no crime here. The district attorney, two different district attorneys had passed on this case, thought it was clear self-defense.” Page also comments that “We would have never been in this position, but for the video.” He explains that the jury in this case “went through the evidence carefully and you can tell they did that because they didn’t find everybody guilty of everything. They tried to only find people guilty based on the evidence. Bottom line, one murder count at least for each defendant, and that means a life sentence for each defendant in this case.”

Due to Page’s local connections to Brunswick, Georgia, he is asked how the local community can move past having been in the national spotlight with this case. Page says that he is optimistic that they will be able to. He also says that he thinks “the community has handled this trial well” and that “there’ve been a lot of changes here, positive changes.” He further explains that “when these people were indicted and arrested, finally there was relief in the community. I don’t think there were many people here who thought that that was the wrong decision. I think most people believe they should have been arrested, they should have been charged with murder and should have been convicted.” Page’s office overlooks the Glynn County Courthouse square, and from his unique vantage point, he has been able to observe the activity outside the Courthouse throughout the trial. He tells CBS that during the trial “there’ve been protestors, have been supporters, demonstrators, but it has been peaceful. And I see no reason for that to change.”

Regarding the possible sentencing outcomes for the Defendants in this case, Page says that regardless of whether the conviction is for malice murder or felony murder, “the sentence is life, but that life sentence can either be with parole, which means they would be authorized to seek parole after serving 30 years of the sentence or life without parole. So what the judge has said, “Is I’m gonna postpone sentencing, give both sides time to argue mitigation or aggravation to try to decide, am I gonna give them a chance of parole or just send it to them to straight life no parole?”

TRANSCRIPT:

Woman: All right, let’s go back to our legal analyst, Page Pate, who’s been watching this trial very closely. Page, I believe we’ve worked out the kinks there and can hear you, but I wanted to find out your reaction to this verdict.

Page: Well, I’m relieved by this verdict. I am here in Glynn County now. I’ve had an office here for several years and this community has come an incredibly long way. I mean, just think back in February of 2020, not only were these individuals still free, there was no crime here. The district attorney, two different district attorneys had passed on this case, thought it was clear self-defense.

We would have never been in this position, but for the video. The jury went through the evidence carefully and you can tell they did that because they didn’t find everybody guilty of everything. They tried to only find people guilty based on the evidence. Bottom line, one murder count at least for each defendant, and that means a life sentence for each defendant in this case.

Woman: And Page, adding the time that the jury spent deliberating, about 11 hours or so. And I know, you know, as a defense attorney, you can’t pin a whole lot on how long the jury deliberates, but in this case, like you mentioned, they did come back with a swift verdict and one that they looked at closely. And what does it say to you, too, that, you know, they wanted to look at once again that video and listened to the 911 calls. And as you mentioned, that video, unfortunately, we’ve been playing over and over and it had been, but right there, it seems to be clear evidence of what happened and how Ahmaud Arbey was chased down and hunted down someone saying.

Page: Well, you would think so. And I certainly think so, but as we heard during this trial, there was at least one witness who testified an individual who lived in the McMichaels’ neighborhood, who thought that video was evidence of self-defense. So there are some people that see it differently. And what I think happened today is you may have had one or two people who are on the fence and the rest of the jury said, “Look, let’s go back in and watch this video again. Listen to Greg McMichael on the phone and say that the emergency is a black man running through the neighborhood.” And I think that’s all it took to sway whatever people were holding out.

Woman: And Page, because you do have an office in that community and have been there quite some time in Glynn County, you know, this is an area that had the nation’s attention on it. You know, a very small community, relatively small. How can they move past now being the spotlight, you know, for a trial like this? Many would say, this is a reckoning, certainly after the Kyle Rittenhouse verdict to have this kind of verdict in a case like this that has gotten national attention, how can the community move past this?

Page: Well, I’m very optimistic about that. I mean, it was when these people were indicted and arrested, finally there was relief in the community. I don’t think there were many people here who thought that that was the wrong decision. I think most people believe they should have been arrested, they should have been charged with murder and should have been convicted. I’ve got a great vantage point here.

I’m literally looking over the courthouse square. This entire trial there’ve been protestors have been supporters, demonstrators, but it has been peaceful. And I see no reason for that to change. I think the community has handled this trial well, and the DA who did not prosecute the case is not only gone from office she’s under indictment herself. So I think there’ve been a lot of changes here, positive changes.

Woman: And Page, what about sentencing? I know you mentioned that briefly before. What does sentencing look like for all three of the men in this case?

Page: Well, if it’s malice murder or felony murder, the sentence is life, but that life sentence can either be with parole, which means they would be authorized to seek parole after serving 30 years of the sentence or life without parole. So what the judge has said, “Is I’m gonna postpone sentencing, give both sides time to argue mitigation or aggravation to try to decide, am I gonna give them a chance of parole or just send it to them to straight life no parole?”

Woman: Page Pate, thank you as always for your insight. We will certainly be hearing from you later today as we continue our coverage here on CBS 46. Once again…