Mistrial for Blogger Accused of Threat to Kill 3 Federal Appellate Judges
A deadlocked jury forced a mistrial today in the case of a so-called hate blogger accused of threatening three federal appeals court judges in an Internet tirade over an opinion they issued on gun control.
Prosecutors contended the blog post by Hal Turner amounted to a death threat against the three judges on the Chicago-based 7th U.S. Circuit Court of Appeals: William Bauer, Frank Easterbrook and Richard Posner. But the only juror willing to discuss the deliberations, truck driver Richard Gardener, said a majority of fellow panelists saw the government’s case as weak, although he himself wanted to convict, reports the Associated Press.
Turner, 47, departed the federal courthouse in Brooklyn, N.Y., without commenting. The trial was held there because of a change-of-venue request concerning charges filed by the U.S. Attorney in Chicago.
Turner’s lawyers have defended the case on First Amendment grounds, contending that his blog post comments—which included an express statement that “these judges must die”—was protected opinion.
Attorney Nishay Sanan, who defended Turner, said his client’s blog post was akin to wearing a T-shirt with the slogan “Skateboard or Die,” reports the New York Daily News.
The three judges didn’t testify, and this apparently may have played a role in the jury’s reluctance to convict, reports the New York Times.
Because the prosecution had implied that more evidence would be presented, Gardener said, the jury was troubled.
Lead prosecutor William Hogan Jr. of Chicago tells the Times that the government had planned a more extensive presentation before adverse evidentiary rulings limited their case.
A retrial is expected in March, the AP says.
Additional coverage:
ABAJournal.com (June 2009): “‘Hate Blogger’ Charged Over Alleged Web Threats to Murder 7th Circuit Judges”
ABAJournal.com (Aug. 2009): “FBI Taught Jailed Blogger to Incite Others, Hal Turner Defense Lawyer Says”
New York Law Journal: “Trial of Blogger Accused of Threatening 7th Circuit Judges Opens”
Threat Level (Wired): “Mistrial in Case of Hate Blogger Charged With Judge Threats”
Updated at 7:30 p.m. to include and accord with New York Times coverage and link to Threat Level blog.
