...According to Dr. Roots, “This was almost certainly jury nullification. I see no other realistic interpretation. I say that because the defense pretty much did not put on a case, and in fact, were not allowed to put on a case.”
Among other things, the judge forbade the defense from many lines of inquiry including
● how well-armed Bureau of Land Management (BLM) agents were or how frightened defendants were of a potential attack,
● any mention of bullying or physically violent behavior of BLM agents leading up to the protest (though the prosecution was allowed to bring up things that happened months beforehand),
● any reference whatsoever to Constitutional First or Second Amendment rights, and
● any testimony from five prospective defense witnesses, whose testimony Judge Navarro pre-screened outside the presence of the jury and ultimately rejected.
Navarro cut off defendant Eric Parker mid-testimony, and she kicked him off the stand for supposedly breaking the rules she laid down. At the time he was cut off, he was rebutting a statement made by a prosecution witness claiming that he looked in a particular direction. That testimony was allowed, but Parker was not allowed to testify that he looked up and to the right. After Not only that statement, but his entire testimony was stricken from the record. Jurors were ordered to disregard all of his testimony, leaving him completely voiceless in his own defense.
Defense attorney Jess Marchese confirmed after speaking with jurors that the treatment of the defense factored into their decisions.
“The court’s restrictive limitations on the defense were overtly aimed at stopping jury nullification, and yet the irony is that they absolutely fueled it,” Roots said
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