- L.A. public defenders have secured several acquittals defending activists charged with assaulting federal officers during immigration protests.
- The Justice Department has filed assault and other charges against more than 100 people since June in connection with immigration operations.
- Defense lawyers contend these cases should never have been brought, with weak evidence that juries consistently reject, prompting legal experts to question the prosecution strategy.
Historically, the odds have been stacked against federal public defenders.
Fewer than 1% of federal criminal defendants were acquitted throughout the U.S. in fiscal year 2024, according to the
latest available statistics from the federal judiciary. The majority of federal cases result in guilty pleas and never go to trial. Prosecutors often pursue the most serious charges available, seeking leverage to negotiate plea agreements with defendants who may plead guilty to avoid the risk of a lengthy prison sentence.
Only five criminal defendants were acquitted in the Central District of California in fiscal year 2024, according to statistics from the federal judiciary.
But in L.A. and across the country, some defendants charged in connection with protests and immigration enforcement operations have opted to go to trial. There have been acquittals in Chicago, Seattle and D.C., including the widely ridiculed case of a man charged with assault for throwing a Subway sandwich at a Border Patrol agent.
As of this month, according to the U.S. attorney’s office in L.A., 23 people have pleaded guilty to assault, impeding and other charges and another 23 have had charges dismissed. About 40 defendants are due to go to trial this year.
[For the trials that have completed, the public defenders are now an undefeated 6-0. Some of these have been mentioned upthread, but...]
Brayan Ramos-Brito’s case was the first to go to trial in September. U.S. Border Patrol Sector Chief Gregory Bovino testified that he witnessed Ramos-Brito strike a Border Patrol agent during a June protest.
...Alexandria Augustine, accused of assaulting a federal officer with an umbrella. An investigator for the office testified that she had to use a special scale to weigh the umbrella, because it was less than a pound.
...a client charged with stealing government property by towing an immigration agent’s vehicle.
During the [most recent] trial, Abel and Nickell introduced videos that their team had tracked down, showing the federal officer seemingly walking into Lopez’s [expensive professional Sony a7 IV] camera and then shoving it back toward him. They told jurors that the officer’s “excessive force” resulted in a large cut on Lopez’s hand that drew blood. The defense lawyers acknowledged that Lopez pushed the officer back but argued it was in self-defense.
In her closing argument, Abel said Lopez was the one attacked, not the other way around. The officer, she said, “could not stand being photographed, could not stand when someone did not immediately bend to his will.”
Assistant U.S. Atty. Rahul Hari told the jury that Lopez “did not act in reasonable self-defense.”