Judge in first Jan 6 case dismisses jurors because their feelings about Capitol riot are too strong


Potential jurors selected for the first trial surrounding the January 6 attacks on the US Capitol grew emotional in court Monday upon being questioned about the events of the day, raising concerns regarding their reliability to serve on the historic case.

‘I felt like it was an attack on my home.. It was a very scary time,’ one potential juror, with his voice shaking, told the DC court Monday, after being selected along with 33 others to potentially preside over the case of accused Capitol rioter Guy Reffitt, 48. 

Noting how emotional the juror appeared in the courtroom, US District Court Judge Dabney Friedrich excused the candidate from service, saying he was ‘starting from a place where he feels so clearly, visibly impacted from the events.’

The prospective juror was one of nine dismissed by Friedrich Monday after displaying strong feelings about the Capitol attackers.

Meanwhile, 24 others  – several of whom said they had followed news coverage of the riots and had strong political opinions regarding the case – made the cut, including a lobbyist who boasts connections to Congress.

Reffitt’s case is the first of more than 700 criminal defendants set to go to trial in the coming weeks. 

Pictured here is a courtroom sketch from Monday's proceedings in DC federal court. One potential DC juror, with his voice shaking, told District Judge Dabney Friedrich of the attacks, 'I felt like it was an attack on my home.. It was a very scary time,' before being dismissed

Pictured here is a courtroom sketch from Monday’s proceedings in DC federal court. One potential DC juror, with his voice shaking, told District Judge Dabney Friedrich of the attacks, ‘I felt like it was an attack on my home.. It was a very scary time,’ before being dismissed

The situation comes as 54-year-old Friedrich asserted that jurors who had been exposed to January 6 news coverage or had strong opinions about the attacks wouldn’t be tossed from the pool immediately. 

During the federal proceedings, Reffitt, who faces up to 20 years in prison for storming the building and bringing a handgun with him onto the Capitol terrace, sat silent with his legal team. 

The Texas father had made headlines last year after he was accused of threatening to kill his teenage son for reporting his alleged part in the attacks to police.   

Friedrich questioned the potential jurors at length about their familiarity with the defendant’s case Monday, along with their consumption of media coverage about the attack and their ability to impartially preside over the important case.  

Potential jurors selected for the first trial surrounding the January 6 attacks on the US Capitol (pictured) grew emotional in court Monday upon being questioned about the events of the day, raising concerns regarding their reliability to serve on the historic case

Potential jurors selected for the first trial surrounding the January 6 attacks on the US Capitol (pictured) grew emotional in court Monday upon being questioned about the events of the day, raising concerns regarding their reliability to serve on the historic case 

Several who survived the judge’s first cut slated to return to court Tuesday said they had followed news coverage of the riots and had strong political opinions regarding the case, but would be able to look at the evidence impartially.

Nearly all said they had never heard of Reffitt, who faces five felony counts for his alleged part in the protests.    

One prospective juror who met Friedrich’s criteria for the first cut identified himself to the court as a lobbyist with close ties to a sitting member of Congress.

Previously a congressional page, the juror said he was still in touch with his former boss, who was not identified, and that he had given tours of the Capitol during his time as a congressional aide. 

‘I have a lot of reverence’ for the building, he told the judge Monday, remaining on the pool.  

During proceedings, defendant Guy Reffitt (at left without the mask), who faces 20 years in prison for storming and bringing a handgun into the Capitol, sat silent with his legal team. Prior to Monday, Reffitt's attorney had expressed concerns about the jury's ability to be impartial

During proceedings, defendant Guy Reffitt (at left without the mask), who faces 20 years in prison for storming and bringing a handgun into the Capitol, sat silent with his legal team. Prior to Monday, Reffitt’s attorney had expressed concerns about the jury’s ability to be impartial

Several prospective jurors spoke passionately about their fear during the attack – and their disgust toward its perpetrators. 

‘Everybody who went in there is already guilty,’ one man, who was dismissed from the pool, said. ‘They should be prosecuted to the max.’ 

Others flatly proclaimed that they could not be impartial toward Reffitt.  

One man, who did not remain in the jury pool, described to the court of how he ventured toward the Capitol amid reports of the revelry on January 6.

‘I saw it on the news,’ the DC resident explained. ‘And it was so close to my apartment, that I wanted to see what was going on.’

Judge Friedrich, 54, dismissed nine jurors during the Monday hearing for displaying strong feelings about the Capitol attackers. The judge, however, allowed 24 others who said they had strong political opinions regarding the case onto the next round of cuts, set for Tuesday

Judge Friedrich, 54, dismissed nine jurors during the Monday hearing for displaying strong feelings about the Capitol attackers. The judge, however, allowed 24 others who said they had strong political opinions regarding the case onto the next round of cuts, set for Tuesday

One woman who was also dismissed said she worked at the Library of Congress, where she had been stationed during the attack, and described how some of her fellow employees were evacuated from the office and others working from home near the Capitol that day.

One potential juror who made it on to second round similarly spoke about how he followed news coverage after the attack.

‘I live in this city. I wanted to know what happened,’ the juror said.  

Only a few of the prospective candidates said they did not follow news coverage of the attacks January 6.

Images, like this one, from Jan. 6 show Guy Reffitt wearing a helmet with a camera fastened to the front of it while he allegedly stormed the Capitol. He faces up to 20 years in prison for his alleged part in the attack and bringing a handgun with him onto the Capitol terrace

Images, like this one, from Jan. 6 show Guy Reffitt wearing a helmet with a camera fastened to the front of it while he allegedly stormed the Capitol. He faces up to 20 years in prison for his alleged part in the attack and bringing a handgun with him onto the Capitol terrace

Reffitt, a member of the far-right, antigovernment organization The Texas Three-Percenters, is also seen in the images wearing a blue jacket and what appears to be a bulletproof vest. His case is the first of more than 700 criminal defendants set to go to trial in the coming weeks

Reffitt, a member of the far-right, antigovernment organization The Texas Three-Percenters, is also seen in the images wearing a blue jacket and what appears to be a bulletproof vest. His case is the first of more than 700 criminal defendants set to go to trial in the coming weeks

One told the court that he purposely went out of his way to not ready about it because he had seen in studies that ‘not paying attention to the news increases happiness.’ 

Following Monday’s proceedings, the process of seating a jury for the case is more than halfway finished, with prosecutors set to make their opening statement as early as Tuesday. 

The situation accentuates concerns that some of the more than 700 federal criminal defendants – who stormed and entered the historic site in an attempt to prevent lawmakers from certifying Joe Biden’s presidential election victory – are having about the fairness of scheduled court proceedings. 

Prior to Monday’s hearing, Reffitt’s attorney had expressed concerns about the prospective jury’s ability to be impartial.

According to an affidavit obtained by Dallas News, Reffitt told his family that he went to Washington, D.C., to 'to protect the country,' that he brought a gun with him, and that he 'stormed the Capitol'

According to an affidavit obtained by Dallas News, Reffitt told his family that he went to Washington, D.C., to ‘to protect the country,’ that he brought a gun with him, and that he ‘stormed the Capitol’

Despite those calls, however, it looks that following Monday’s proceedings, the court this week will be able to assemble enough jurors.     

Reffitt, who is a member of the Texas right-wing anti-government group the Three Percenters, is accused of taking a gun to the Capitol, interfering with two police officers outside the building and threatening his children when he returned home. 

He is contesting the five felony charges during this week’s trial. 

Images snapped January 6 near the Capitol show Reffitt wearing a helmet with a camera fastened to the front of it. He’s also seen in the images wearing a blue jacket and what appears to be a bulletproof vest.

Vice News reported that he allegedly charged at police officers with such force that they had to fire projectiles and use pepper spray to hold him back.  

Reffitt, 48, made headlines in late January following his arrest after he was accused of threatening to kill his teenage son, Jackson (pictured), for calling police

Reffitt, 48, made headlines in late January following his arrest after he was accused of threatening to kill his teenage son, Jackson (pictured), for calling police

Afterwards, he threatened his own wife and kids, telling them he would shoot them if they turned him to the authorities. However, he was later arrested after his son, Jackson, 19, contacted the FBI. 

According to court documents, he told his family, ‘If you turn me in, you’re a traitor, and you know what happens to traitors… Traitors get shot.’   

FBI agents found an AR-15 rifle and a pistol during their search of Reffitt’s home, according to the affidavit. 

After turning his dad in, Jackson was forced to leave his family home and is no longer on speaking terms with his mom, Nicole, and his two sisters, Peyton, 18, and Sarah, 24. 

The FBI has made more than 740 arrests in connection to the January 6 insurrection, during which hundreds of supporters of former President Donald Trump attempted to block congressional certification of President Joe Biden's November 2020 election victory

The FBI has made more than 740 arrests in connection to the January 6 insurrection, during which hundreds of supporters of former President Donald Trump attempted to block congressional certification of President Joe Biden’s November 2020 election victory

The top charge he faces is obstructing an official proceeding, which carries a maximum sentence of 20 years, and waits for trial to begin. He pleaded not guilty to all three charges he faces.   

In May, prosecutors added new evidence to their case against Reffitt, in the form a recording of a January 10 Zoom meeting between Reffitt and two other Three Percenters.

In the clip, Reffitt allegedly said he helped lead the charge on the Capitol with a .40-caliber pistol at his side, at one point telling a U.S. Capitol Police officer who was firing nonlethal rounds at him, ‘Sorry, darling. You better get a bigger damn gun,’ ProPublica reported. 

Refitt’s case is set to begin as soon as jury selection completes this week.    

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