Texas
Magistrate orders Oath Keepers leader jailed until trial
PLANO, Texas (AP) — The founder and leader of the far-right Oath Keepers militia group must remain behind bars until he goes on trial on sedition charges arising from last year’s assault on the U.S. Capitol, a federal magistrate ruled Wednesday.
Stewart Rhodes had been jailed since his Jan. 13 arrest on charges that he plotted with others to attack the U.S. Capitol on Jan. 6, 2021, to stop Congress from certifying President Joe Biden’s 2020 election victory.
In a 17-page opinion, U.S. Magistrate Judge Kimberly Priest Johnson concluded that no bail conditions would either assure public safety or that the 56-year-old Granbury, Texas, man would make court appearances.
Prosecutors had urged Rhodes’ continued detention, while his attorneys urged that friends or relatives have custody. One of Rhodes’ lawyers, James Lee Bright, said Wednesday that he and his co-counsel disagree with aspects of Johnson’s ruling and will be filing an appeal Thursday to the district court judge handling the case in Washington. He said Rhodes is “doing well” and looks forward to his trial.
Rhodes and 10 others were the first to be charged with sedition for their roles in the Jan. 6, 2021, Capitol riot in which five people died. A federal indictment alleges Oath Keepers for weeks discussed trying to overturn the election results and preparing for a siege by purchasing weapons and setting up battle plans.
The indictment against Rhodes alleges Oath Keepers formed two teams, or “stacks,” that entered the Capitol. The first stack split up inside the building to separately go after the House and Senate. The second stack confronted officers inside the Capitol Rotunda, the indictment said. Outside Washington, the indictment alleges, the Oath Keepers had stationed two “quick reaction forces” that had guns “in support of their plot to stop the lawful transfer of power.”
California
State senate aims to limit ‘junk science’ in courtrooms
SACRAMENTO, Calif. (AP) — California lawmakers on Wednesday moved to deter the use of what a legislator called “junk science” in the courtroom and give those convicted with questionable expert testimony a way out of prison.
Senators approved changing the state’s definition of false testimony to include expert court opinions based on flawed scientific research or outdated technology, or where a reasonable scientific dispute has emerged over its validity.
Expert opinions that aren’t based on bona fide research, peer-reviewed studies or other science would not satisfy the state’s requirements for admissible testimony.
The bill by Democratic state Sen. Scott Wiener would allow people to appeal if they previously were convicted based on the discredited testimony.
“This bill gives judges stronger tools to prevent junk science from coming into our courtrooms,” Wiener said.
The California Innocence Project, which sought the bill along with the Loyola Project for the Innocent and the Northern California Innocence Project, said flawed forensic science occurred in 45% of DNA exonerations and 24% of all exonerations in the United States. The groups investigate such cases and advocate for the release of those who have been wrongfully convicted.
The National Academy of Science has said jurors can be thrown off by what is known as the “CSI effect,” where jurors have unrealistic expectations of the reliability of forensic evidence from watching “CSI” and similar television shows.
The bill had no formal opposition from prosecutors or other law enforcement organizations. It passed, 30-3, sending it the Assembly.
But Republican Sen. Jim Nielsen, who once headed the state parole board, said the bill is another effort by majority Democrats to ease criminal punishments.
“These are just more attempts to erode the justice system to ensure that justice for the victims of crimes do not see justice done, that individuals who have committed crimes have more venues to escape any consequences for their behaviors,” Nielsen said.
GOP Sen. Andreas Borgeas also voted against the bill, urging a different approach to what he acknowledged can be a problem.
“Even a ham sandwich could be indicted,” Borgeas said, reciting an old legal dogma. “You can get anybody to say virtually anything.”
Wiener said those whose convictions are overturned under his bill could be retried, if investigators have other evidence to prove their guilt.
“This isn’t about letting criminals get out of jail free,” he said.
California
Another Navy officer pleads guilty in wide-spanning scandal
SAN DIEGO (AP) — A U.S. Navy commander admitted in federal court to sending a Malaysian defense contractor classified ship schedules for the Navy’s 7th Fleet in exchange for extravagant meals, luxury travel, cash and the services of prostitutes.
Commander Stephen Shedd is the third member of the 7th Fleet to plead guilty to bribery charges in one of the Navy’s worst corruption scandals, the U.S. Attorney’s Office said in a statement Wednesday.
Nine members of the 7th Fleet were indicted by a federal grand jury in March 2017 for conspiring with and receiving bribes from Leonard Francis.
Prosecutors said Francis’ firm, Singapore-based Glenn Defense Marine Asia and its owner, known by his nickname “Fat Leonard,” bribed Navy officers with fancy gifts, trips and prostitutes to provide classified information in order to beat competitors and overcharge for services.
The scheme cost the Navy some $35 million.
“According to Shedd’s admissions as set forth in his plea agreement, the defendants informed Francis of planned U.S. Navy ship movements by providing Francis with classified U.S. Navy ship schedules and narrative summaries of those schedules. The defendants provided Francis with internal, proprietary U.S. Navy information,” the U.S. Attorney’s Office statement said.
It was not clear what potential punishment Shedd will face after his plea in the court in San Diego. He is scheduled to be sentenced on July 21.
Shedd and his lawyer could not be immediately reached for comment.
The case has resulted in federal criminal charges against 34 Navy officials, defense contractors, including Francis, and the Glenn Defense Marine Asia corporation.
The trial of the six remaining defendants from the 7th Fleet is scheduled to begin Feb. 28.
