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First Acquittal from January 6 Capitol Protests

First Acquittal from January 6th Capitol Protests
Protesters outside of the U.S. Capitol. | Image by Jon Cherry, Getty Images

The consequences of the January 6 Capitol Hill protests have been swift for some who entered the Capitol Building. Last week, a New Mexico man became the first defendant acquitted of all charges associated with his actions during the January 6 Capitol Hill protests. 

Michael Martin, a former employee at the Los Alamos National Laboratory, was acquitted of all charges against him. U.S. District Judge Trevor McFadden acquitted Martin after prosecutors failed to prove he had illegally entered the Capitol Building.

The testimony from Michael Martin proved crucial in his acquittal. Judge McFadden explained he believed Martin’s account of the events of the day and his belief that he had not committed a crime. Martin explained he thought a police officer had waived him into the Capitol Rotunda in his testimony. 

Video from inside the Capitol Rotunda shows a police officer trying to bar entry for the protesters before standing aside. Martin is shown entering the Rotunda and placing a hand on the shoulder of the law enforcement officer. Martin explained he was showing his gratitude towards the officer for allowing him entry.

During his bench trial, Michael Martin was shown to have attended President Donald Trump’s rally before returning to his hotel. After seeing TV reports of the breach of the Capitol Building, Martin made his way there and eventually entered. Judge McFadden explained he believed the testimony of the defendant was largely credible.

Judge McFadden’s ruling has potentially opened the door to future cases associated with the Capitol Hill Protests from January 6, 2021. The judge explained the size of the crowd entering the building, and the movements of the police officer made Martin’s explanation plausible.

Judge McFadden’s ruling is seen as a signal for prosecutors to change their approach in future cases affecting defendants of the January 6 events. In response, prosecutors will have to consider whether seeking the prosecution of every person who entered the U.S. Capitol on January 6 is the correct choice.

775 defendants have been arrested for their role in the events of January 6. One-third of those detained have entered guilty pleas. Michael Martin chose a bench trial over a jury option to improve his chances of success. Martin’s defense is the first to allow an acquittal on all charges, with some defendants cleared of some of their charges.

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