WASHINGTON (AP) — An elected authentic from New Mexico went to trial with a pass judgement on — now not a jury — set to come to a decision if he’s responsible of fees that he illegally entered the U.S. Capitol grounds at the day a pro-Trump mob disrupted the certification of Joe Biden’s presidential election victory.
U.S. District Pass judgement on Trevor McFadden is scheduled to listen to legal professionals’ last arguments Tuesday for the case in opposition to Otero County Commissioner Couy Griffin, whose trial in Washington, D.C., is the second one a few of the loads of other folks charged with federal crimes associated with the Jan. 6, 2021, siege.
The pass judgement on heard testimony Monday from 3 govt witnesses. Griffin’s legal professional mentioned he doesn’t plan to name any protection witnesses.
The case in opposition to Griffin is not like lots of the Capitol rebel prosecutions. He is without doubt one of the few rebel defendants who isn’t accused of coming into the Capitol or attractive in any violent or harmful habits. He claims he has been selectively prosecuted for his political beliefs.
Griffin, one among 3 individuals of the Otero County Fee in southern New Mexico, is amongst a handful of rebel defendants who both held public place of business or ran for a central authority management submit within the 2 1/2 years ahead of the assault.
He’s amongst most effective 3 rebel defendants who’ve requested for a bench trial, this means that a pass judgement on will come to a decision his case with no jury.
Griffin, a 48-year-old former rodeo rider and previous pastor, helped discovered a political committee referred to as Cowboys for Trump. He had vowed to reach on the courthouse on horseback. As an alternative, he confirmed up Monday as a passenger in a pickup truck that had a horse trailer at the again.
Griffin is charged with two misdemeanors: coming into and closing in a limited construction or grounds and disorderly and disruptive habits in a limited construction or grounds.
A key query in Griffin’s case is whether or not he entered a limited house whilst Pence used to be nonetheless provide on Capitol grounds, a prerequisite for the U.S. Secret Carrier to invoke get right of entry to restrictions.
Griffin’s legal professionals mentioned in a courtroom submitting that Pence had already departed the limited house ahead of the earliest that Griffin may have entered it, however Secret Carrier inspector Lanelle Hawa testified that Pence by no means left the limited house right through the rebel.
Hawa mentioned brokers took Pence from his place of business on the Capitol to a protected location at an underground loading dock at the Capitol advanced. Pence remained within the loading dock location for 4 to 5 hours and not left the safety perimeter ahead of the joint consultation of Congress resumed at the night time of Jan. 6, Hawa testified.
Protection lawyer Nicholas Smith requested Hawa if it used to be Pence’s resolution to stay there for hours.
“I will be able to’t resolution that,” she mentioned.
Smith mentioned prosecutors it sounds as if consider Griffin engaged in disorderly habits through peacefully main a prayer at the Capitol steps.
“This is offensive and mistaken,” Smith advised the pass judgement on right through his transient opening statements.
Prosecutors didn’t give any opening statements. Their first witness used to be Matthew Struck, who joined Griffin on the Capitol and served as his videographer. Struck has an immunity care for prosecutors for his testimony.
After attending then-President Donald Trump’s “Prevent the Scouse borrow” rally on Jan. 6, Griffin and Struck walked over boundaries and up a staircase to go into a level that used to be underneath development at the Capitol’s Decrease West Terrace for Biden’s inauguration, consistent with prosecutors.
Prosecutors performed video clips that confirmed Griffin transferring in the course of the mob that shaped out of doors the Capitol, the place police used pepper spray to quell rioters.
“I really like the odor of napalm within the air,” Griffin mentioned in an obvious connection with a line through Robert Duvall’s persona within the struggle film “Apocalypse Now.”
After hiking over a stone wall and coming into a limited house out of doors the Capitol, Griffin mentioned, “That is our area … we must all be armed,” consistent with prosecutors. He referred to as it “a really perfect day for The united states” and added, “The individuals are appearing that they have got had sufficient,” prosecutors mentioned.
Struck testified that he and Griffin went to the Capitol to discover a position to hope. Smith requested Struck if any one gave the impression to be “riled up” through the prayer that Griffin led.
“They began chanting, ‘Pray for Trump,’” Struck answered. “It looks as if they’ve been calm and so they’re taking note of Couy.”
In a courtroom submitting, prosecutors referred to as Griffin “an inflammatory provocateur and fabulist who engages in racist invective and propounds baseless conspiracy theories, together with that Communist China stole the 2020 Presidential Election.”
Griffin’s legal professionals say loads if now not hundreds of other folks did precisely what Griffin did on Jan. 6 and haven’t been charged with any crimes.
“The proof will display that the federal government decided on Griffin for prosecution in response to the truth that he gave a speech and led a prayer on the Capitol, this is, decided on him in response to secure expression,” they wrote.
Greater than 770 other folks were charged with federal crimes associated with the Capitol rebel. Greater than 230 rebel defendants have pleaded responsible, most commonly to misdemeanors, and a minimum of 127 of them were sentenced. Roughly 100 others have trial dates.
Previous this month, a jury convicted a Texas guy, Man Wesley Reffitt, of storming the Capitol with a holstered handgun within the first trial for a Capitol rebel defendant. Jurors additionally convicted him of obstructing Congress from certifying the Electoral Faculty vote on Jan. 6, of interfering with law enforcement officials who have been guarding the Capitol and of threatening his two teenage kids in the event that they reported him to regulation enforcement.
Reffitt’s conviction on all fees may just give prosecutors extra leverage in negotiating plea offers in lots of different circumstances or discourage different defendants from going to trial. The result of Griffin’s trial additionally may have a ripple impact, serving to others to come to a decision whether or not to let a pass judgement on or a jury come to a decision their case.
Related Press author Jacques Billeaud in Phoenix contributed to this file.
