There used to be a TV show called “You Be The Judge” (details here).
According to Wikipedia, “In each episode, a real-life court case would be re-enacted, and three ‘amateur judges’ (contestants) would make their decisions on the case. The ‘judge’ who came closest the actual verdict would win a prize.”
Let’s play!
Sean Michael McHugh, 35, of Auburn, California, is rotting in a D.C. lockup while awaiting trial on a laundry-list of Capitol riot charges (see list here).
Reduced to its essence, McHugh is accused of being one of a group of rioters who pushed a “large metal sign into a line of police officers,” and of “spraying officers with an unknown yellow chemical spray” (he later bragged that he “unloaded a whole can of bear spray on a line of cops”).
Prosecutors also say McHugh used a bullhorn (photo, right) to “exhort marchers toward police at barricades,” and “filmed himself as he announced, ‘Right now we’re storming the Capitol. We’re going to Congress and we’re gonna let them know that we don’t want them to accept the Electoral College votes.’”
Since we’re playing “You Be the Judge,” we’ll presume he’s innocent of this stuff until found guilty in a court of law. He rejected a plea deal offered by prosecutors last week, and apparently plans to go to trial on the laundry-list of federal charges. Meanwhile, he’s been in custody since May 2021.
Now his lawyer is asking a federal judge to release him pending trial “because his mental health is deteriorating and he is facing abuse inside a Washington, D.C., jail,” the Sacramento Bee reports on Thursday, October 6, 2022 (see story here). Additionally, “has a teenage son who desperately needs him,” his lawyer says.
The lawyer also wants the charges dismissed and the case dropped because “the bear spray and metal sign … are not dangerous weapons.” Let’s deal with that one first, because it’s the easiest. What do you think, will the charges* be dismissed because, you know, they’re just not that serious?
Mark your answer here: Ο Yes Ο No.**
(* 1. Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority; 2. Disorderly and Disruptive Conduct in a Restricted Building or Grounds; 3. Engaging in Physical Violence in a Restricted Building or Grounds; 4. Disorderly Conduct on Capitol Grounds; 5. Physical Violence on Capitol Grounds; 6. Obstruction of Law Enforcement During Civil Disorder; 7. Assault Law Enforcement Officer with a Deadly or Dangerous Weapon; Obstruction of Justice/Congress.)
(** Remember this is a game show and you’re trying to guess what a real judge would do, not tell the show host and audience what you think should happen.)
Now let’s move on to the more complicated question of pretrial detention. The Sacramento Bee says, “Judges in Sacramento and Washington, D.C., have ruled that McHugh remain in custody, citing danger to the community from his alleged actions on Jan. 6 and because of his lengthy criminal history.”
The Bee doesn’t tell us what that history is, but Law and Crime says here it includes sex with a minor, domestic violence, and vandalism; apparently every cop in Auburn, California knew him on a professional basis. I mention this because it might have some bearing on whether a real judge would consider him a “danger to the community.” (Which community? “All of them.”)
His lawyer’s arguments for pretrial release are too lengthy to quote here, so I’ll just list them in outline form:
- He’s trying to bond with his son in California (and obviously can’t do that from a D.C. jail)
- His father’s health is declining, and he depends on defendant for physical assistance
- It’s difficult to help his lawyer prepare a defense from inside the D.C. jail
- By being segregated in a unit with other Capital riot defendants, he’s in danger of being radicalized
- He’s in danger from the other Capitol riot defendants he’s locked up with
- He’s afraid of being blacklisted by his fellow Capitol riot inmates
- He fears retaliation by jail staff for filing grievances over “inhumane jail conditions”
- He was indiscriminately pepper-sprayed by jail staff because inmates refused to wear face masks
- A jailer called him a “racist” and an expletive
- There’s mold in the jail
- The jail food is bad
- His mental health is declining in jail
Now remember, we’re on TV, so you gotta refrain from making tiny-violin gestures. That doesn’t look good on TV, and some of the little kids watching at home might not understand that means — they might think you’re flipping off the game show host or something.
So, let’s get down to business: Do you think the judge will let him out of jail until his trial (currently scheduled to begin April 17, 2023)? Ο Yes Ο No.