Court Finds Error in Jan. 6 Case, but Rules Against Convict

The Epoch Times Header

Appeals court acknowledges judge erroneously blocked defendant from striking potential juror.

A federal judge wrongly stopped a Jan. 6, 2021, defendant from striking a potential juror who admitted he could not view the defendant as presumptively innocent, a U.S. appeals court has found.

U.S. District Judge Amit Mehta denied a request from lawyers for Thomas Webster, who was later convicted on multiple counts, to strike a potential juror known as 1156 who had expressed support for President Joe Biden and said that support would put Mr. Webster at a disadvantage.

The potential juror also said he did not see the trial as โ€œa 0-0 game to startโ€ and, when asked by the judge if he could honor the presumption of innocence, said, โ€œI honestly donโ€™t think so.โ€

โ€œThe district court should have struck at least potential juror 1156 for cause,โ€ U.S. Circuit Judge Patricia Millett, writing for a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit, said in the May 28 ruling.

โ€œA district court should never allow a juror to sit after he admits he cannot presume the defendant innocent. Full stop,โ€ Judge Millett added later.

Lawyers for Mr. Webster said in a brief to the circuit court that while the potential juror did not end up being part of the jury, the man should have been struck by Judge Mehta. They also highlighted how the judge did not strike another prospective juror, who said that she was โ€œmore alignedโ€ with government attorneys than Mr. Websterโ€™s lawyers. They also raised concerns about how the judge then instructed counsel not to question subsequent jurors as to whether their views gave the defendant a disadvantage.

โ€œThe courtโ€™s further instruction to counsel put a chilling effect on the afternoon session of voir dire,โ€ the lawyers said. โ€œCounsel was limited from using words that jurors may understand better than the legal jargon of presumption of innocence to get at real concerns of bias.โ€

The appeal said Judge Mehta also should have granted a motion to change venue given results from a survey of Washington residents, that the judge committed an error when providing instructions to the jury, and that his approval of a sentencing enhancement for wearing body armor should be overturned.

After explaining how Judge Mehta wrongly did not strike potential juror 1156, the circuit court panel denied the entire appeal.

Byย Zachary Stieber

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Columns

Why Fishermen Are Catching Fewer Lobsters in Maine

For veteran lobsterman Travis Dammier, it was the end of another trip at sea on a solo voyage to earn a living.

Viewers like you

There is no constitutional authority for any spending on public broadcasting โ€“ period. Any questions: See Article 1, Section 8 of the U.S. Constitution.

Beyond the Trump-Musk fallout?

We are witnessing an unprecedented, unhinged Democrat effort to use lawfare, big Democrat donors, street theater, congressional disruptions, potty-mouth videos, the administrative state, the legacy media, and discredited pollsters to stop the Trump agenda.

Trans-wormal

No worm ever said "I am anthropomorphizing, I am a butterfly" to a toad or flock of geese and expected acknowledgement and support.

In Greenlandโ€™s Icy Capital, Past Troubles Haunt Hopes for the Future

As geopolitical realities and ongoing economic growth raise the stakes, U.S. interest in Greenland and the dream of independence may change things in a big way.

News

Why Drug Price Reform Alone Wonโ€™t Heal America

What happens when medications become too cheap, plentiful, and automatic and we donโ€™t reform how drugs are used? We risk clinical harm.

Trump Says Musk Will Face โ€˜Very Serious Consequencesโ€™ If He Backs Democrats

President Trump warned that Musk could face โ€œserious consequencesโ€ if he decides to back Democratic political candidates in upcoming elections.

Judge Declines to Block Trump Admin From Dismantling Library Services Agency

A federal judge cleared the way for the Trump admin to move forward with plan to dismantle the federal agency that funds libraries nationwide.

Supreme Court to Review Alabamaโ€™s Death Row Case Concerning IQ Test

The Supreme Court will consider how courts should weigh multiple IQ tests when assessing a death row defendantโ€™s claim of intellectual disability.

US Travel Ban Will Not Hinder Los Angeles Olympics, LA28 CEO Says

Trumpโ€™s directive banning citizens from 12 countries from entering US exempts athletes. Officials confident Games have full backing of administration.

Musk Mulls New Political Party Amid Feud With Trump

Elon Musk is considering launching a new political party in wake of his public fallout with President Trump over a major Republican tax and spending bill.

Citigroup Reverses Course on Controversial Firearm Policies

Citigroup reversed its policy requiring retail business clients to refrain from selling firearms to those who havenโ€™t passed background checks.

AI Is Taking Thousands of Jobs; Is Yours at Risk?

Just as the internet radically changed how America conducts business, AI is also making waves in the workplace by taking thousands of jobs.
spot_img

Related Articles