By Matthew Russell Lee, Patreon Podcast Song
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, July 30 -- On July 30, months after the DC Circuit's decision in US v. Munchel, DDC Judge Reggie B. Walton had before him Capitol breach defendant Daniel Goodwyn, described by DOJ as a Proud Boy. Goodwyn is not vaccinated and refuses to wear a mask; autism is cited. Inner City Press live tweeted the proceeding, here. (And podcast here.)
now Jan 6 case of US v. Daniel Goodwyn, "self-proclaimed Proud Boy," before DDC Judge Walton - US wants to revoke conditions of relief. Video still withheld (and no answer on Harkrider - song)
Goodwyn's lawyer: My client has a problem when he's asked to put on a mask. And he's autistic. He's been treated for it. His aggression only comes out in discussions about masks. "He's also not into vaccines, really."
Goodwyn's lawyer: He told me he was terrified of going to Sherman. He feels like he's being asked to do thing that from a mental health standpoint he can't do. I called the new PSA person, to introduce myself. Twice. I've done it for 40 years.
Goodwyn's lawyer: A lot that he does is informed by autism. He gets very rigid. It's almost like torture. He's not a Proud Boy-- Judge Walton: Counsel! Stop talking! Goodwyn's lawyer John Daniel Hull , IV: The line is not that great. (Breathing heavily).
Judge Walton: We've got a pandemic. Your client is going to have to do something. He cannot subject those who supervise him to this. He is not vaccinated. Goodwyn's lawyer: He asked to do it remotely. But they discontinued it. Judge Walton: Counsel! Stop talking!
Judge Walton: Counsel, can you hear me? You keep talking over me. Goodwyn's lawyer Hull: I can't hear you. Judge Walton: I'm going to hold you in contempt. Goodwyn's lawyer Hull: [hangs up]
Now Hull is back. Judge Walton: Are you able to hear me? Goodwyn's lawyer Hull: Not that well. It's a very low voice when someone tries to cut in. Judge Walton: Let me ask Pre Trial Services. Is Mr. Goodwyn tell you all that he suffers from autism?
Pre-Trial: I can't hear. Defense counsel is not muted... Here in the Eastern District of Texas, he's never advised us of such a condition.
Goodwyn's lawyer: That's not my understanding. But he doesn't say it, it's embarrassing. I bring it up to people Goodwyn's lawyer: If you put a mask on him, he flips out.
Judge Walton: How will he come to court? If he is infected? Is he vaccinated? Goodwyn's lawyer: I believe he is not. Judge Walton: That is a problem. He's putting other people's lives at risk.
Goodwyn's lawyer: He and I have never talked about a live trial. He has been able to do things by Zoom. He lives in his house with his parents, including his mom who is on the line. He doesn't move around much. He said he's on the spectrum
Goodwyn's lawyer: He was not diagnosed with this as a child. He's 32 years old. They only think he's a leader because he's autistic. They locked him up. We got him out. Judge Walton: Maybe it was your email to the worker Goodwyn: Absolutely not.
Judge Walton: You say you've been a lawyer for 40 years, but you called her arrogant and prissy. Goodwyn's lawyer Hull: I think she is. Judge Walton: Stop talking over me! Why did you send this email? You should have come to me.
Goodwyn's lawyer Hull: I'd do it again. He was at risk. Judge Walton: Counsel, why did you think it was appropriate to send this? Goodwyn's lawyer Hull: She said, we don't have the remote program. That made me mad. They won't talk to us.
Judge Walton: She doesn't work for you. Goodwyn's lawyer: This is a real thing. Daniel got treated 18 times. In Atlanta. They need to call me back. It looks like they are torturing him.
Judge Walton: You're avoid the point. It's not your prerogative. Judge Walton: You told you she should be ashamed of herself. This better not happen again. If it does, you're going to go into your pocket and pay some money. Understood? Goodwyn's lawyer: Yes, sir.
Now, Marie Goodwyn: "I am Daniel's mother."
Judge Walton: Does he have autism? Marie Goodwyn: How do you say, O.C.D.? He would line up pencils all in the same direction at 2 years old. He organizes his clothing by color. He wants to follow directions, he is paranoid
Judge Walton: How did he find his way to DC on Jan 6? Marie Goodwyn: Oh, he can drive. Some people with Downs Syndrome can drive. He never goes over the speed limit. He tries to follow the rules. The problem is the new pre-trial person, things changed
Judge Walton: Is his situation going to be part of his defense? Goodwyn's lawyer Hull: That's never been our intent. Judge Walton: What about not providing the information he has to, as part of home detention? Goodwyn's lawyer: That's not true.
Pre-Trial: The defendant did not indicate any mental health issues. Judge Walton: Mother, do you have any written documentation? Marie Goodwyn: He met a certified autism specialist. Judge Walton: Anything in writing? Marie G: We do not live in the same city.
Judge Walton: Sometime he'll have to come to court. He's going to have to do something if he is not vaccinated. Goodwyn's lawyer: Autism in an adult, there's no reason to do it in writing. There are not benefits. Judge Walton: I will need something in writing.
Pre Trial: I notice he gets agitated at any change. But we are concerned with his behavior, refusing to wear a mask and demanding to see the Standing Order. He said, He you shoot someone in the face it's illegal, right? We got concerned
Judge Walton: He can't do it remotely? Pre Trial: We discontinued that. We discontinued our COVID procedures. Judge Walton: I'm going to have to get something from this doctor. Without a mask, can he be supervised? Pre Trial: Now we'll have to involve his mother.
Judge Walton: Mr. Goodwyn what's the problem with wearing a mask?
Goodwyn: It stresses me out. Judge Walton: You haven't been vaccinated? Goodwyn: Do I have to say? Judge Walton: There are consequences if you don't. Goodwyn: I disagree. Judge Walton: I don't care.
Goodwyn: What I'm saying is too complex for this proceeding. Judge Walton: I can't let you subject other people to possibly getting infected.
Goodwyn: There's no proof of asymptomatic transmission, or that a mask helps.
Judge Walton: Do you have a medical degree?
Judge Walton: I was prepared to issue a warrant for your arrest. But based on what I've heard [about autism] I'm not doing that at this time. But I might do it if you don't wear a mask. I would order you locked up.
Pre Trial: We can visit his home. But he must wear a mask. Goodwyn: I will not do that. Judge Walton: Then I will order you arrested. How long are the home visits? Pre Trial: 15 to 25 minutes. Goodwyn: Why doesn't she stand six feet away?
Judge Walton: How long in close contact? Pre Trial: Five to ten minutes. Judge Walton: I'm not going to dictate how close you get. It's on you, Mr. Goodwyn. You stay free if you wear a mask. If they tell me you don't, I'll issue a warrant for your arrest.
Goodwyn: The law in Texas doesn't require a mask -- Judge Walton: I don't care what the law in Texas is. This is my ruling. Goodwyn: We don't they stay 6 feet from me?
Judge Walton. You don't make the rules. You will be arrested. Do you understand? Goodwyn: I understand you're saying that. Judge Walton: If there's nothing else, thank you. Goodwyn's lawyer: Can we have a week, to get the autism info? Judge Walton: Fine. ASAP.
Judge Walton: We'll end the hearing at this time.
Inner City Press: Meanwhile, DOJ has refused to provide judicial document (videos) used in Schwartz & Harkrider.
Earlier in the week on US v. Jensen, Inner City Press asked DOJ and then Judge Kelly for access to the videos that DOJ had shown to the court in the case: judicial documents that, under case law, must be made available to the public. But it was denied access, on the theory that Judge Kelly's order earlier in the month limited access to these judicial documents to a particular sub-set of the public.
Inner City Press on July 27 wrote to Judge Kelly, including in the form of a motion, now on DocumentCloud, here. By noon on July 30 nothing - no responses, no response. Then DOJ refusing to provide videos in Harkrider and Schwartz. We'll have more on this. For now, podcast here; music video here.
Inner City Press live tweeted Riley June Williams on January 25, here.
From January 22, song here: Thread here.
Inner City Press' John Earle Sullivan song on SoundCloud here.
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