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.
