Trials
A grand jury indicted Paul Schlesselman and Daniel Cowart on November 5, 2008, on federal charges of threatening to kill and inflict bodily harm upon a major presidential candidate, conspiracy, interstate unlawful transportation of an unregistered firearm, interstate transportation of a firearm with the intent to commit a felony, transporting a short-barreled shotgun across state lines without a license and unlawful possession of a short-barreled shotgun. Cowart was also charged with damaging religious property and use of a firearm during a crime of violence. On November 6, Schlesselman and Cowart plead not guilty before a federal magistrate in Memphis, Tennessee. The two were placed into federal custody without bail. The charges carry a maximum punishment of 50 years in prison and $540,000 in fines.
At the request of federal authorities, the men were placed on lockdown in their Obion County, Tennessee, jail cell for their own safety. The two men can leave their cell for only one hour to watch television or use the phone; authorities said they had caused no problems during their time in the jail.
Cowart's lawyer argued in a November 13 petition that the grand jury was racially stacked against him because it included only two white members, while "21 were African-American or of another race or races." Cowart's attorney argued his indictment should be dismissed because jury could not "under the most modest constitutional scrutiny...be considered fair, impartial and unprejudiced." In February 2009, a federal judge granted Schlesselman and Cowart limited access to court records on the grand jury selection and gave them permission to question procedures for selecting jurors. However, their defense attorneys were not allowed to challenge the resulting racial makeup of the actual jury. Also in February 2009, Schlesselman's lawyer asked the court to dismiss statements he previously gave police and evidence that he contended was wrongfully seized during searches of his home and another residence. Judge J. Daniel Breen of the United States District Court for the Western District of Tennessee refused this request in April. Schlesselman's counsel argued his assassination threat charges should be dropped because he said the alleged comments were made while in custody, so he could not have carried them out and they were not a "true threat." Judge Breen rejected that argument in March 2009.
| Wikinews has related news: Judge refuses to dismiss charge against Barack Obama assassination plotter |
The prosecution asked for two separate trials, which were expected to take place in Jackson, Tennessee, the area where the alleged crimes occurred.
Read more about this topic: Barack Obama Assassination Scare In Tennessee
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