Court Digest

Alabama
Sides tentatively reach agreement in Confederate monument lawsuit
FLORENCE, Ala. (AP) — The city of Florence has reached a tentative agreement to settle a free speech lawsuit brought by an organization that staged dozens of protests against a Confederate monument in the north Alabama city, according to a Monday court filing.

The lawsuit, filed in April by Project Say Something and its founder, Camille Bennett, alleges the city violated their right to free speech by using an unconstitutionally vague parade permit process and noise ordinances to stymie protests against the “Eternal Vigil” monument.

A Monday court filing indicated the two sides have agreed to proposed new noise and parade ordinances for the city. The two sides tentatively agreed to dismiss the lawsuit if the Florence City Council adopts the changes.

“We are really grateful to be a catalyst for change for our community. Before we started protesting, the noise ordinances were vague and there was really no legal framework,” Bennett said.

The plaintiffs alleged the police chief used the parade permit ordinance to move demonstrations to a “protest zone” away from the courthouse. They also claimed that demonstrators were threatened with citations for violating the noise ordinance while police tolerated threatening and noisy behavior from counter-protestors.

The statue does not belong in a public space, Project Say Something argued. The group supported a proposal to relocate it to a cemetery where Confederate soldiers are buried.

The 20-foot-tall courthouse monument known as “Eternal Vigil” depicts a nameless Confederate soldier. It was dedicated in 1903 when Confederate descendants were erecting memorials all over the South to honor their veterans.

Project Say Something began almost daily protests against the monument in 2020 following the police killing of George Floyd in Minneapolis.

The monument stands outside the Lauderdale County Courthouse, property controlled by the county commission.

Alabama’s 2017 Memorial Preservation Act, which was approved as some cities began taking down Confederate monuments, forbids removing or altering monuments more than 40 years old. Violations carry a $25,000 fine.

Some counties and cities, including Birmingham, have opted to take down Confederate monuments and pay the $25,000 fine.

Washington
Judge rejects defense effort to throw out an Oath Keeper associate’s  guilty verdict
WASHINGTON (AP) — A federal judge on Tuesday upheld an obstruction conviction against a Virginia man who stood trial with members of the Oath Keepers extremist group in one of the most serious cases brought in the Jan. 6, 2021, insurrection.

U.S. District Judge Amit Mehta rejected a defense effort to throw out the Washington jury’s guilty verdict against Thomas Caldwell, a retired U.S. Navy intelligence officer who was convicted last November in the U.S. Capitol attack alongside Oath Keepers founder Stewart Rhodes.

Mehta said there was sufficient evidence to find Caldwell, of Berryville, Virginia, guilty of obstructing an official proceeding — in this case, Congress’ certification of Joe Biden’s 2020 election victory over President Donald Trump — and tampering with documents or proceedings.

The judge said that while Caldwell didn’t enter the Capitol, evidence supports the argument that he aided extremists who stormed the building. The judge pointed to Caldwell’s own words, including a message from the evening of Jan. 6 in which he wrote: “So I grabbed up my American flag and said let’s take the damn capitol ... I said lets storm the place and hang the traitors.”

Caldwell and his attorney, David Fischer, appeared remotely on a video conference as the judge read his written ruling. Fischer later said Caldwell was disappointed but respected the court’s decision.

Caldwell was initially charged with seditious conspiracy along with Rhodes and other far-right extremists, and he was described by the Justice Department as a key figure in what prosecutors said was a plot to keep Trump, a Republican, in power after he lost the 2020 election to Biden, a Democrat.

But jurors cleared Caldwell of the sedition charge and two other conspiracy charges after a monthslong trial.

Rhodes was sentenced in May to 18 years in prison after jurors convicted him of seditious conspiracy and other serious charges. The judge delayed Caldwell’s sentencing while he considered his attorney’s challenge to the jury’s verdict.
Caldwell’s sentencing is now set for Nov. 16.

Prosecutors alleged Caldwell helped coordinate “quick reaction force” teams stationed outside the capital city that were designed to get weapons into the hands of extremists if they were needed. The weapons were never deployed, and lawyers for the Oath Keepers said they were only there for defensive purposes in case of attacks from left-wing activists.

Caldwell took the witness stand at trial and played down messages he sent leading up to Jan. 6, including one floating the idea about getting a boat to ferry “heavy weapons” across the Potomac River. Caldwell said he was never serious about it, calling it “creative writing.”

Fischer, the defense lawyer, noted that Caldwell was a disabled veteran who sometimes uses a cane to walk, telling jurors he “couldn’t storm his way out of a paper bag.” Fischer argued that there was no plot to attack the Capitol or stop the certification of Biden’s victory, saying Caldwell wasn’t even planning to go to the Capitol until Trump’s speech on the Ellipse urging his supporters to “fight like hell” before the riot.

All told, six Oath Keepers were convicted of seditious conspiracy, the most serious charge prosecutors have levied in the Jan. 6 attack. More than 1,100 people have been charged with federal crimes stemming from the riot, and more than 650 defendants have pleaded guilty.

After another trial, former Proud Boys leader Enrique Tarrio and three other Proud Boys were convicted of the sedition charge for what prosecutors said was a separate plot to stop the transfer of power. Tarrio was sentenced this month to 22 years behind bars.

New York
Unlicensed acupuncturist charged after patient’s lungs collapsed
NEW YORK (AP) — A New York City man has been charged with performing acupuncture without a license after he punctured a woman’s lungs during treatment, sending her to a hospital for emergency surgery, prosecutors announced.

Yong De Lin, 66, was arraigned on four criminal charges Monday in connection with unlicensed treatments he performed on 63-year-old Shujuan Jiang between May and October of last year, Queens District Attorney Melinda Katz said.

According to the indictment, Jiang, 63, visited a medical office in the Flushing section of Queens on May 10, 2022, for relief of stomach and back pain, and was introduced to Lin.

Lin administered 17 treatments to Jiang over the next several months even though he is not a licensed acupuncturist and has never even applied for a New York state license to practice acupuncture, Katz said.

Jiang began to feel unwell during the last session on Oct. 28, Katz said in a news release. Lin performed additional acupuncture and a cupping treatment and sent Jiang home, Katz said in a news release.

Jiang collapsed on the sidewalk on her way home, Katz said. A bystander called 911 and Jiang was taken to a hospital where it was determined that both of her lungs had collapsed because of the acupuncture treatments. Lifesaving surgery was performed and Jiang remained hospitalized for six days.

“The difference between receiving health care from a competent, licensed professional or someone who is unlicensed can mean the difference between life and death,” Katz said, adding that Lin “very nearly killed his patient.”

Lin was charged with assault in the first and second degrees, reckless endangerment in the first degree and unauthorized practice of a profession. He is due back in court Wednesday.

Lin’s attorney, Kathleen Gallo, didn’t immediately reply to a Tuesday voicemail seeking comment.

Washington
Man who brought Molotov cocktails to protest receives prison sentence
SEATTLE (AP) — A suburban Seattle man who pleaded guilty to bringing a dozen Molotov cocktails to a protest at the Seattle police union headquarters in 2020 has been sentenced to over three years in prison.

Justin Moore was sentenced last week in U.S. District Court in Seattle to 40 months in prison, KUOW radio reported on Monday.

Moore made 12 gasoline devices in beer bottles and carried them to a protest march on Labor Day, 2020, at the Seattle Police Officers Guild headquarters, according to the plea agreement and police.

Police smelled gasoline and found the box of devices in a parking lot. Court documents state that Moore was one of four people suspected of taking part in a plot to burn the building.

Federal prosecutors say Moore was identified using surveillance video from the protest, data from electronic devices in the crowd, witness testimony, and testimony from several others who were allegedly involved in the plan.

“Moore’s offense was extremely dangerous and created a substantial risk of injury to numerous bystanders,” Assistant U.S. Attorney Todd Greenberg for the Western District of Washington said in a statement, adding that more than 1,000 people were participating in the protest at the time. “All of them were in harm’s way if one of the devices had exploded,” his statement said.

Investigators used video and information from other alleged co-conspirators to confirm that Moore carried the box to the site, prosecutors said. A search of his home found numerous items that were consistent with manufacturing explosive devices, prosecutors said.

Missouri
Man gets 20 years in prison for killing retired police officer during carjacking
ST. LOUIS (AP) — A man who was 16 years old when he fatally shot a retired St. Louis police sergeant has been sentenced to 20 years on prison.

The retired officer, Ralph E. Harper, was 67 when he was killed during a carjacking attempt in October 2018. Jalynn Garner, 21, pleaded guilty to second-degree murder, robbery and two counts of armed criminal action and was sentenced Monday.

During the robbery attempt, Harper fired his police revolver, striking Garner in the arm, prosecutors said. Harper died in the exchange of gunfire. Garner was arrested and certified to stand trial as an adult.

An accomplice who was 15 at the time of the crime, Justin Matthews, pleaded guilty to second-degree murder, robbery and other charges in 2019. He said he provided Garner with a gun and waited in a stolen SUV as Garner tried to rob Harper.

Matthews received a suspended 20-year sentence and was placed in a juvenile detention center until age 21, when he will be eligible for parole if he completes a juvenile detention program.

Harper retired from the police department in 2007 after a 33-year career.