Judge delivers split verdict in 2nd trial over Capitol riot
U.S. District Court Judge Trevor McFadden heard one day of testimony without a jury on Monday before handing down a verdict in the misdemeanor case against Otero County CommissionerMcFadden, an appointee of then-President Donald Trump, said there was ample evidence that Griffin knew he was in a restricted area and didn’t leave. Griffin crossed over three walls, needing help from others or a ladder to get over them, the judge noted.
But the case against Griffin is unlike most Jan. 6 cases and may not be a bellwether for defendants who are charged with storming the Capitol. Assistant U.S. Attorney Janani Iyengar said Griffin climbed over metal bike racks, up a plywood ramp and shouted over the crowd about his belief that the election was stolen from then-President Donald Trump.
Griffin’s attorneys said in a court filing that Pence had already departed the restricted area before the earliest that Griffin could have entered it, but Secret Service inspector Lanelle Hawa testified that Pence never left the restricted area during the riot. “I love the smell of napalm in the air,” Griffin said in an apparent reference to a quote from the war movie “Apocalypse Now.”
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