Court upholds 10-year conviction of former NYC cop who claimed DC jury was too biased at Jan 6 trial
Thomas Webster aruged the jury in his DC criminal trial was biased because of their political views and proximity to the event
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.A retired New York police officer has had his conviction for rioting on January 6 upheld by a federal appeals court in Washington DC after he claimed that the jury in his trial was biased against him.
Thomas Webster was found guilty on six charges by a jury in the district in May 2022. He was sentenced to 10 years in prison for what prosecutors described as confronting and assaulting a Metropolitan police officer with a flagpole.
But a three-judge panel for the US Court of Appeals, DC Circuit ruled on Tuesday that his conviction on five felony counts and one misdemeanor was sound.
Webster argued that the jury was biased because most residents of DC voted for President Joe Biden in 2020, many are connected to the government and had preconceived notions about him due to the limited media attention he received.
But the court rejected his argument.
“Nothing in the record suggests that the District’s jury pool had any preconceived notions about Webster or his guilt or innocence, or even knew who he was. The record lacks any evidence of pervasive (or much of any) media coverage aimed at Webster and his conduct,” the ruling from the appeals court said.
The federal appeals court insisted that Webster received a fair jury selection process during his trial, noting that two jurors who claimed some bias toward President Biden and the federal government were struck from the panel.
Webster argued that the high-profile nature of January 6 would have given jurors preconceived notions about the events but the court rejected that claim.
“We expect jurors to view significant criminal events in their hometown with an unapproving eye, whether it is the January 6th attack on the Capitol, a murder, or an armed robbery spree,” the court stated.
During his trial, Webster argued that his actions toward a police officer on January 6 were in self-defense – however, the jury was unconvinced.
Prosecutors said Webster, planned to attend Donald Trump’s “Stop the Steal” rally near the White House that day and came prepared with a bulletproof vest and carrying a Marine Corps flag.
When a mob of Mr Trump’s supporters stormed the Capitol, Webster joined and confronted Noah Rathbun, a Metropolitan Police Department officer near a bike rack separating the mob from the Capitol.
Webster wielded his flag pole at Officer Rathbun “in a chopping motion.”
Then when the mob broke through the police line, Webster charged at Officer Rathbun, tackled him to the ground and pushed his gas mask into his office.
Webster’s sentencing was one of the longest of any convicted January rioter.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments