Thread by @JordanOnRecord

We'll be back in Chief Judge Beryl Howell's (virtual) courtroom shortly for the sentencing of Eric Torrens, another Class "B" misdemeanor case. Based on her sentence just now for Leonard Gruppo, and yesterday for Torrens' co-defendant Jack Griffith, probation only seems likely.

ICYMI: Yesterday Chief Judge Howell laid into the DOJ over their "muddled" and "schizophrenic" approach to sentencing in #CapitolRiot cases. She said she felt her hands were tied by their recommendations that other misdemeanor defendants get probation. wusa9.com/article/news/n…

The conversation between Chief Judge Howell and the DOJ about sentencing continues. Howell says it's incumbent upon the government to explain their sentencing thought process.

Chief Judge Howell says things like the DOJ explaining its thought process behind saying Leonard Gruppo's military service should mean he's held to a higher standard is helpful for the court, even if she doesn't agree with it ("Which I don't," she adds).

Factors driving DOJ's request for Eric Torrens to serve 2 weeks in jail:

• Taking photos/videos insid Capitol (show he was "gleeful" in the face of what was happening around him)
• Witnessing threats against police
• Full cooperation w/ FBI post-arrest (continued...)

Chief Judge Howell asks if #CapitolRiot defendants continue to believe the 2020 election was stolen, is that "sufficiently dangerous to warrant jail time?"

Chief Judge Howell says there are some post-arrest statements that would warrant significant deterrence (jail time), but says she didn't find that with Jack Griffith, and DOJ hasn't even pointed to anything like that with Eric Torrens.

Eric Torrens' attorney, Edward Ungvarsky, is arguing now for a sentence of probation only (which it seems pretty likely he's going to get).

"Causing an an entire branch of our government to flee? Oh my goodness. The default should not be probation!" Chief Judge Howell says. But she has also sentenced the past two #CapitolRiot defendants to come before her to probation.

Ungvarsky says he thinks the court should be cautious in imposing jail time as a general deterrent for #CapitolRiot cases.

"It's sometimes better to spare the rod and demonstrate compassion and patience for those who start out so distrustful [of the system]," he says.

Ungvarsky says he thinks probationary periods beyond 1 year are "excessive," but he's requesting a 12-24-month period of probation. Says Eric Torrens is indigent and likely won't be able to afford future legal counsel.

Got distracted in the newsroom, but Chief Judge Howell is still going over all the facts in the case, which, minus the military history, are roughly analogous to those in Leonard Gruppo's misdemeanor sentencing earlier.

🚨 SENTENCE: Chief Judge Beryl Howell sentences Eric Torrens to 36 months of probation on one misdemeanor count of parading, demonstrating or picketing in a capitol building. #CapitolRiot

Some portion of this probationary period will be served on home detention, but if Judge Howell said it, I missed it. Leonard Gruppo was ordered to serve the first 90 days of his probation on home detention by Howell earlier.

Also 90 days on home detention, per @ZoeTillman.

https://twitter.com/ZoeTillman/status/1454121686731837440