A federal judge has utilized a novel strategy against Kaleb Cole as the controversial Atomwaffen trial concludes, recent court documents show.
Cole is the only defendant in the case that has decided to take his case to trial. Over the last several months, a number of revelations regarding the FBI's outrageous conduct during the investigation of Cole and others has emerged in preparation from the trial. He was rapidly convicted today after a two day trial.
In what may have tilted the scales against the defendant, judge John Coughenor decided to strike all unvaccinated persons, regardless of COVID status, from sitting on the jury at the start of the trial.
In America, the COVID vaccine has become a highly partisan issue. Individuals who get the vaccine tend to show high levels of public confidence in the status quo and lean politically liberal, while those who have held out against taking the vaccine are prone to have skepticism against the federal government.
By banning the unvaccinated, the judge sharply reduced the chances of jury nullification.
Judge Coughenor's decision may have legally polluted the trial before it even began. According to some legal experts, banning unvaccinated jurors violates the fundamental 6th Amendment requirement of recruiting juries from a cross-section of society. In Cole's case, he may already have grounds for an appeal before the trial even started.
There are currently no federally imposed rules on jury vaccination research. These rules are implemented in individual trials on a case by case basis.
There have been cases where judges have agreed to implement COVID vaccine mandates that was later reversed upon looking at demographic data showing almost half of potential candidates in the community were not vaccinated.