Agreed - This is the case with the majority of people charged. But because of unethical behavior by the prosecution and keeping some locked up under deplorable conditions, some chose to take plea deals
WASHINGTON — A federal judge on Wednesday found that a New Mexico man “reasonably believed” that police officers let him into the US Capitol during the Jan. 6 breach, finding defendant Matthew Martin not guilty of all charges.
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The verdict represented an early test of efforts by some Jan. 6 defendants to argue that police allowed them to enter the Capitol, or that they believed they had permission because no officer told them to stop.
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Martin took the rare step of testifying in his own defense this week; his case was decided by the judge at a bench trial, not by a jury. He was unapologetic about joining the crowd that flooded the building as lawmakers gathered to certify the results of the election. He described Jan. 6 as “magical,” even as he acknowledged that some “bad things” had happened, and said that he didn’t regret coming to Washington, although he might have stayed away from the Capitol.
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The crux of Martin’s defense was that, in his own words, he was “let in” by two US Capitol Police officers who were standing in the doorway when he entered and made no attempt to stop him. He argued that one of the officers waved him through, and his lawyer showed a zoomed in video that appeared to show the officer making gestures with his hands; from the vantage point of the courtroom gallery, it wasn’t clear who the officer was gesturing to or why.
Other defendants charged in connection with the Jan. 6 attack have claimed in social media posts or interviews with federal investigators that police allowed them to enter the building, court filings show. Some have argued that they thought they had authority to go onto the grounds or into the building because no officer told them to stop, or there were simply no officers around.
https://www.buzzfeednews.com/article...tin-not-guilty
First J6er found not guilty.
