BREAKING: The federal civil rights lawsuit brought against organizers of the August 12, 2017 neo-nazi ‘Unite The Right” rally goes to trial today in Charlottesville, Virginia. The trial is expected to last several weeks. We’re in the courthouse to bring you updates on the case.
The trial is expected to last several weeks; jury selection is beginning today. The long list of defendants are accused of conspiring to deprive Charlottesville residents and anti-racist protesters of their civil rights via racially motivated violence and intimidation.
Judge Norman K. Moon just took his seat and begins by reminding those present that audio and video recording is forbidden in the court house. He now asks plaintiffs and defendants to identify themselves and their attorneys.
Roberta Kaplan will be speaking for plaintiffs today
Some defense counsel is appearing via zoom
Nazi organizers Christopher Cantwell and Richard Spencer tell Judge Moon they will be representing themselves Pro Se.
Judge Moon is going over COVID-19 precautions for court, says participants in the case must wear masks over nose and mouth when not speaking, and much social distance when possible in court
Judge Moon says there was an “issue” that came up over the weekend - the plaintiffs are asking for the case against Chris Cantwell to be separated from the case against the other defendants, stemming from Cantwell’s claims that he can’t properly review legal materials in jail.
Nathan Damigo, Identity Evropa and Traditional Workers Party oppose the motion to sever Cantwell from the case. Cantwell tells Judge Moon he opposes being severed from the case.
Cantwell says that he has been read legal letters over the phone & was delivered copies last night by US marshals. Cantwell reads a statement attacking plaintiffs, asks court to sanction plaintiffs and quotes the old antisemitic canard “they cry out in pain as they strike you”
Cantwell is trying to introduce new documents; Kaplan for the plaintiffs asks for time to review them
Judge Moon asks if there is any more matters to consider before bringing jurors in; plaintiffs say they don't have any. Moon suggest taking a break to review the new documents filed by Cantwell before bringing jurors in. Recess now "for a few minutes" only, Moon says.
Based largely on the 1871 Ku Klux Klan Act, the Sines v. Kessler lawsuit brought by attorneys w @IntegrityforUSA is using online evidence, including leaked Discord chats used to plan #UniteTheRight, to establish a conspiracy of violent racial animus: unicornriot.ninja/2017/charlotte…
Some of the leaked Discord chats we obtained show specific violent ideation and conversations amongst the alt-right/neo-nazi organizers preceding the rally. This evidence helped meet the high legal bar for such a civil conspiracy suit like this to proceed: unicornriot.ninja/2017/data-rele…
The August 11 torch rally & August 12, 2017 Unite The Right rally were marked by brutal fascist assaults against counter-protesters. The day infamously ended in the murder of Heather Heyer when neo-nazi James Alex Fields drove his car into protesters: unicornriot.ninja/2017/violent-w…
Many groups that helped organize the rally & participated in the planned violence are now defendants in the civil suit going to trial in Charlottesville today. These organizations include Identity Evropa, the Traditionalist Worker Party, League of the South, and Vanguard America
The court recess has ended and Voir dire of potential jurors to begin momentarily. Plantiff attorney asks about the procedure for jurors being asked "uncomfortable questions." Judge Moon says "I don't know how to make people comfortable"
Jurors are being sworn in now
Judge Moon summarizing the case for jurors: "this is a civil lawsuit brought by a no. of plaintiffs against a no. of defendants...based on events in Cville on August 12, 2017...
alleges defendants conspired to commit racially motivated violence...and in so doing caused plaintiffs physical and emotional harm..." Moon says the allegations include assaults on August 11-12 2017 as well as the August 12 car attack. Says defendants deny the allegations
Judge Moon estimates this trial will last 4 weeks and run 9-5 daily.
Jurors will be referred to by number, not by name. Judge Moon is explaining to the first batch of jurors how both sides in the case will be asking them Qs to determine their eligibility
Judge Moon asks potential jurors if they recognize or know any of the plaintiffs or defendants and their counsel. One juror says he knows "a little bit about everybody" based on "news outlets and stuff". Moon clarifies to ask if he knows them personally, the juror says no.
Plaintiffs are reading the witness list so that jurors can say if they recognize any names. Says its a "long list"...the list is getting read now
People who were deposed but wont testify "live" include: Erica Alduino, Robert 'Ike' Baker, Patrick Casey, Michael Chezny, Burt Colluci, Ben Daley, Shane Duffy, Samantha Frolick, Bradley Griffin, Dillon Hopper, Vasilis Pisolis, Thomas Rousseau, Andrea Roberts, Angela Tabler
(sp?)
The defense is adding former Cville vice mayor Wes Bellamy, a Charlottesville police sergeant, and a few other names to the witness list. Chris Cantwell tells the court he doesn't have his witness list.
Jurors are about to be questioned one at a time now, parties are discussing jury questionnaires being missing from some potential jurors
Potential juror #150 is being brought in now for the beginning of Voir dire
Juror 150 asked if jury duty poses any problems for him "that it wouldn't for most people". He says "I work on a farm and my wife works at home and I think that's gonna cause her a lot more work but that's the way it goes"
Asked if he has any "physical or mental limitations that would prevent you from serving on the jury" - 150 says no except he has hearing issues and has a hearing assistance device that seems to have been provided by the court
On Qs 42 & 44 on the jury questionnaire #150 "expressed opinions" about some parties in this case, Judge Moon says. Moon asks 150 if he can set aside "preconceived" notions to decide the case. He answers "I'd like to think that I could separate it"
150 - "you can have initial core beliefs on something...it's kind of hard to change your opinion but that's what you do."
Judge Moon asks him if he recalls seeing news about Unite The Right " in the last year, potential jury 150 says "I don't think there's anything new" but says that he knows some people haven't showed up and have been held in contempt.
Plaintiffs have no Qs for potential juror 150 (older middle aged white man). Defense via a note asks about his comment "we have been waiting for this day" - "what do you mean by that?" - Judge Moon
150: "as a community we want to get it behind us and see justice done"
On questionnaire Q #72, "would you be able to set aside any preconceptions you have, if any, about the Unite the Right rally..." juror 150 wrote "no...these people are terrorists."
Judge Moon asks if he can set aside that opinion. 150 says "sorry but i don't think I can" and is excused by Moon.
Potential Juror #151 is next.
Judge Moon states officially that "I intend to strike 150 for cause"
Potential juror 151 - an older white woman with white hair - is asked if jury duty would cause hardship - "I think I could do it." Says she has "some health issues but I think I can get through it."
Says she doesn't have reason to believe she can't be a fair juror
Judge Moon is reading a note about potential juror 151 stating in her questionnaire that "white supremacists and racists came to Charlottesville"...asks her if she can set aside preconceptions as to whether individual defendants conspired for racially motivated violence.
She says "yes i can set aside what you explained"
(Qs for jurors are being sent via notes to the Judge who then asks jurors)
Moon asks 151 if she has any concerns about being identified as a juror depending on the outcome of the case, she says no.
Judge Moon asks 151 "do you have any opinion already that defendants are racists and white supremacists" and if she has opinions about August 11-12 2017, she says no. Judge Moon is letting her go to jury room now (not excusing her it seems). Potential juror 153 next
Potential juror 153 - younger looking white male with a mullet-like haircut was just sworn in
153 says he runs his own business so "taking off for four weeks would pretty hard for me." Says he sells lawn gear. Moon asks if he has any employees, 151 says its "a one-man show." Asked if his family has any other income, he says no.
"Would it be a real financial hardship if you had to serve for this time?" - Judge Moon
"Yes, sir" - potential juror 153
"Would the business close down or otherwise cease to function..?" - Moon
"Yeah, i could only work on weekends so it would be backed up like crazy" - 153
153 on his questionnaire said he could not abide by rules requiring the wearing of masks. Asked why, he says he's asthmatic.
153 on his questionnaire also said he couldn't set aside his opinions to judge the case based on the evidence
"I have opinions on the matter...I'm not sure I could be convinced otherwise..."
Judge Moon asks if he could just "try the case based on what you hear in the courtroom", 153 says yes. He's sent back to the jury room, Moon reminds him not to discuss the case with other jurors.
Up next is potential juror #158
Potential juror 158 - a 74-year-old Black man is asked by Judge Moon about the 4 weeks expected length of trial, says "it would be a very serious problem for me - I'm a triple bypass heart patient and i take medication"
Asked if he would choose not to serve on the jury, 158 says "I choose not to" so Judge Moon lets him go.
Plaintiffs counsel is asking Judge Moon about a question he's asking jurors about if they fear repercussions if they decide the certain way -
That q"may be experienced by the juror as threatening or potentially retaliatory...your honor plans to impanel an anonymous jury specifically so they don't feel that way", plaintiffs say.
Potential juror #159, a Black woman, was just sworn in and is asked about any potential hardship from weeks of jury duty.
159 sighs before answering "I am a school bus driver and there is a national shortage and i know in my county to be gone for a month is taxing for them to find a replacement..."
159 on her questionnaire said she had "feelings of a certain way towards hate groups that disrupt the peace." Judge Moon asks her if she can set that aside and "try this case based solely on what you hear in the courtroom", after a pause she says "I would think I could..."
(Judge Moon keeps calling Unite The Right "United The Right")
159 sent back to jury room, not excused yet it seems. Potential juror 160 coming in now
Potential juror 160 - younger looking man of color (we can't see jurors very clearly on the live feed monitor provided in the media room) - asked if serving on jury duty would be a hardship.
160 says it would make him lose four weeks of work which would harm his masonry business and his ability to provide for his family - 3 kids and a spouse. Says he has only one employees.
160 also said he would have trouble wearing a mask as required, asked if he has medical reasons not to wear a mask he says he has ADHD and anxiety disorder, "would affect my ability to think logically about things through out the day" being made to sit around other people all day
160 had also answered no on the questionnaire when asked if he could set aside his opinions when deciding the case.
Judge Moon says "none of us wants to wear a mask" before sending 160 back to the jury room, doesn't look like he got excused yet. 164 next
Chris Cantwell says he asked about 160 saying on his questionnaire "it was against his beliefs as a Christian" to wear a mask and adds "having read the bible I know there's nothing in there about wearing masks"
Potential juror 164 - 50s ish looking white woman - is asked if jury duty would be a hardship, she says no. Moon says her questionnaire had set she couldn't set aside her opinions to decide the case but she says "I don't recall having said that" & says she could set them aside
164 asked if she knows of any reason she couldn't be fair to all parties in the case - answers "I really don't know a lot about them anyway in terms of the organizations... I do know that I would not have any involvement with ANY of them..."
164 says she has only been exposed to "what was on the news when it first happened...all the craziness that went on... I just thought the whole thing was a tragic nightmare... I didn't make it a part of my life or anything. It was just something that was on the news."
Judge Moon tells 164 that she has to look at the evidence as it pertains to each defendant and look at each defendant individually to decide if the plaintiffs have proven the case against each person. She says she's not sure she understands the Q, Moon replies "I don't blame you"
164 says "yes" when Judge Moon restates the question about if she can separate defendants from one another in terms of assessing their guilt or innocence
Judge Moon declares a ten minute recess. Thanks for following our live tweets from Sines v Kessler here in US federal court in Charlottesville, Virginia
Recess is done, potential juror 166 is in the booth now
Asked if the length of jury service would place an undue burden, and asked about covid measures and if they are a problem, potential juror 166 - a white woman - says she would be able to serve
Asked if she can set aside preconceived notions and judge the case just off of the law and the evidence, 166 says yes. Says she has no bias against any of the parties in the case and thinks she could render a fair verdict
In her questionnaire, potential juror 166 said she has "unfavorable views against 'antifa'" which she described as "an organization created to promote violence and social disorder".
She is asked "where those views come from" and she doesnt' really answer the q but says "they're all a terrorist organization.... I don't really read the news".
Moon asks if she can give the plaintiffs a fair hearing since "they aren't a part of that organization", she says yes
Potential juror 166 says jury duty would be a bit of a burden since she works in an office with only one other person and "it would be hard to find coverage" while she would be out of the office. 166 is sent back into the jury room, reminded by Judge Moon not to discuss the case
the next juror (feed in media room didn't include her juror number) says she has been avoiding public places due to covid so the safety measures in the courthouse wouldn't eliminate her health concerns.
this potential juror is a slightly older white woman with graying hair
"I would try to keep my personal views out of it but that would be hard to do"
"Could you follow the instructions of the court?"
"I believe I could"
"Could you set aside any preconceived notions...and decide solely on the law...?"
"I would try my best"
"Do you feel you could do it?"
"yes"
This is potential juror 168 - there's been a pause for a few mins now to review copies of her questionnaire
168 is sent back to the jury room, Judge Moon says they may call her back "for additional questions"
Attorney for the plaintiffs are saying that 168's jury questionnaire is illegible
Chris Cantwell asking "if there's any other way than the binders to look at these surveys"
Richard Spencer complains that "we're all sharing one binder", Cantwell interrupts Spencer to suggest he switch seats with one of the lawyers
"I've got notes up to juror 210, after that I'm SOL" - Cantwell
Plaintiffs ask for a "discussion with the court" "before the lunch break"
Potential juror 172 -seems to be a white male - is in the booth now - Judge Moon asks him about the burden serving in the case for 4 weeks would place on him, he says no.
172 had expressed concerns about COVID but says he can still be ok to serve on the jury.
Charlottesville lawsuit trial thread continues here, thread got broken due to fixing errors in the live tweets. Thanks for following
Day 2 of the Sines v Kessler Charlottesville Nazi rally civil rights lawsuit is getting underway now - Judge Norman Moon just took the bench. Jury selection began yesterday and continues today. Tweets from yesterday can be found in the thread here:
One of the Nazi's defense lawyers is in the emergency room but Kessler/Damigo/Identity Evropa's lawyer James Kolenick will be handling his client for jury selection. Plainitffs also raise an isue they say they researchd last night they want addressed before the end of Voir Dire
Judge Moon is bringing in the first jury panel for today (the third so far) now. By our count, 7 jurors were seated to the jury panel yesterday, leaving 5 left to select. The alt-right defendants have been eager to hone in on views about "antifa" when contesting potential jurors.
172 had wrote that "antifa is a group of extreme left wing members that is violent during their protests" on his questionnaire
Judge Moon asks that if he heard antifa was present at Unite The Right, would he assume they were responsible for the violence? "I would assume that was most likely" - 172
Moon asks that if the plaintiffs are not 'antifa' can he differentiate them and still decide the case fairly
172 wrote on his questionnaire that he could set aside his opinions when deciding the case, Judge Moon asks if that's still the case, he says yes. Moon sends him back to the jury room.
#BreakingNews: The U.S. Supreme Court has for the second time declined to temporarily halt #Texas' 6-week abortion ban while its legality is litigated.
Before the law went into effect on September 1, 2021, the Center for Reproductive Rights and their partners filed a lawsuit, which the Fifth Circuit Court of Appeals intervened in and ruled for the law to go into effect.
At that point, the pro-choice coalition filed an emergency appeal to the U.S. Supreme Court, but the court denied the appeal. Today, the Supreme Court denied a second request, but this time the request came from the Department of Justice.
"Scraped from mobile devices and messaging app accounts, some of which were leaked and published online by activist media outlet Unicorn Riot.." Thanks for the credit and mention. Although, we are an independent, nonprofit horizontally-run media organization.🙂🦄
We were on the ground covering the white supremacist mob in 2017 in Charlottesville, VA. Here's our article about their assembly at ‘Nameless Field’ on University of Virginia (UVA) campus on the night of August 11, 2017. unicornriot.ninja/2017/white-sup…
The “Unite The Right” rally took place as scheduled in Emancipation Park the next day (Aug. 12, 2017). Thousands of anti-racist protesters arrived to confront the neo-nazis, KKK members, and other self-identified racists and fascists. unicornriot.ninja/2017/violent-w…
We provided live coverage from the 20th annual Four Directions All Nations March in #Denver last week, which gave space to and highlighted Rita Martinez, Tigray, Palestine, and 'genocide schools,' or residential schools. Check out our coverage here ---> unicornriot.ninja/2021/20th-annu…
In our article you'll find five videos cut from the stream which are of the speeches about each topic. Here's the Rita Martinez portion. vimeo.com/636717761
#NEW: No Charges for Unnamed Federalized Deputies that Killed #WinstonSmith
During a press conference 4 days later, attorneys for Smith’s family revealed that all officers involved in the task force refused to speak with investigators after killing Smith. unicornriot.ninja/2021/no-charge…
An upcoming comedian, artist, and father of three, 32-year-old Winston Boogie Smith Jr. was fatally shot on June 3 by two unnamed deputies working for North Star Task Force as U.S. Marshals while in a car atop an Uptown Minneapolis parking ramp with his date after eating lunch.