A federal judge declared a mistrial for nine Antifa members charged with shooting a police officer while ambushing an ICE facility in Texas — because a defense attorney wore a shirt with images of civil rights leaders while questioning potential jurors.
District Judge Mark Pittman became outraged during jury selection Tuesday when he noticed lawyer MarQuetta Clayton’s shirt had images of Martin Luther King Jr. and Shirley Chisholm, KHOU reported.
The court prohibits lawyers — or anyone connected with a case — from wearing clothing with political messages.
The judge released all 75 prospective jurors while accusing Clayton of attempting to influence them by comparing the July 4 attack on the Prairieland Detention Facility shooting outside of Dallas to the civil rights leaders on her shirt, the Fort-Worth Star-Telegram said.
“I’m left with no other choice,” Pittman said. “I’m really surprised an attorney would do this.”
The judge suggested it could be the first time “in the history of American jurisprudence” that a mistrial was declared over an attorney’s clothing during jury selection.
The mistrial will also cost taxpayers hundreds of thousands of dollars, the judge warned while ordering a fresh pool of 130 jurors to be convened next Tuesday.
The nine defendants face a litany of charges including attempted murder, rioting and providing material support to terrorists for the shocking attack at the ICE detention facility.
They were allegedly part of an armed mob who wore military-style gear, including tactical vests, and launched fireworks at the Prairieland Detention Center near Dallas before spraying bullets and striking a local cop.
Prosecutors said the attack was orchestrated by a North Texas Antifa cell. President Trump has declared Antifa a domestic terrorist organization.
The alleged ringleader, Benjamin Song, a 32-year-old former Marine Corps reservist, allegedly shot a local Alvarado Police Department officer in the neck. He was arrested days after the others.
The others are Autumn Hill (referred to as Cameron Arnold in the indictment), Zachary Evetts, Meagan Morris (referred to as Bradford Morris in the indictment), Maricela Rueda, Seth Sikes, Elizabeth Soto, Ines Soto, Savanna Batten and Daniel Rolando Sanchez Estrada.
Several others have pleaded guilty
If convicted on the federal charges, they face up to 10 years to life in prison. They are also facing separate state charges
Defense lawyers for eight other defendants told the judge Tuesday they did not believe a mistrial was necessary.
Clayton, who is the lawyer for defendant Maricela Rueda, declined to comment on the judge’s ruling, according to CBS News.