![]() ![]() 211, § 3, it was the petitioner burden to create a record - not merely to allege but to demonstrate, i.e., to provide copies of the lower court docket entries and any relevant pleadings, motions, orders, recordings, transcripts, or other parts of the lower court record necessary to substantiate allegations - showing both a substantial claim of violation of a substantive right and that the violation could not have been remedied in the normal course of a trial and appeal or by other available means." Gorod v. John Dempsey appeals from a judgment of a single justice of this court denying, without a hearing, his petition for extraordinary relief under G. (1) SJC-11029 01 Appellant Dempsey Brief.They are not an accurate reflection of my being nor of my potential.DEMPSEY vs. “My actions on January 6th of 2021 were made in the moment and I deeply regret them. “I found myself in a highly unusual and problematic situation and so meditated to center myself and try to change the energy around me for the better,” he wrote. While sitting in the Senate chamber, he meditated and asked police officers for directions to leave the building, he wrote. In a letter to the sentencing judge asking for leniency, Bacon acknowledged that his actions on Jan. I don’t know what motivated me to go through that door, but I did.” Without even meaning to, I ran towards the open door. “When I found myself at the top of the Capitol steps I saw people fighting far to my right and an open door far to my left. Everything changed in the chaos, and I stopped thinking,” he said. “Then, people started becoming aggressive and the police set off non-lethal deterrents. In a statement filed with the court on July 18, Bacon said he attended Trump’s rally before the riot because he was “interested to hear Trump’s speech and was expecting a discourse on his legal plans for his road to re-election and a celebration of America.”Īt the Capitol, he said he was expecting more speeches and “pushed towards the front of the crowd to get a better view of the speech I was expecting.” The proposed sentence “reflects the gravity of Bacon’s conduct, his lack of remorse, and his patently false testimony at trial.” prosecutors said. Prosecutors said Bacon “offered absurd explanations and denials in a bald-faced attempt to defeat the essential element of mens rea,” or criminal intent. Prosecutors said Bacon’s testimony was “not only not credible, but it was also demonstrably false in many respects.”īacon claimed that after the deployment of a flash-bang device outside the Capitol “his actions were unconscious (or less conscious) from that point forward,” prosecutors said. “Bacon’s text messages reveal that he actively followed the various efforts by former Trump attorney Sidney Powell and certain members of the former administration to subvert or call into question the outcome of the 2020 election,” the memo said.Īt trial, Bacon took the stand in his own defense. In the days and weeks before the riot, Bacon had privately expressed his frustration about the election results in text messages with a friend, prosecutors said. In a sentencing memorandum filed July 14, prosecutors asked that Bacon be sentenced to 37 months in prison, saying he “stormed the United States Capitol building on January 6, wearing a white “I Trump” T-shirt and a black Space Force baseball hat.” and unlocked a door, allowing more rioters to flood into the Senate chamber, prosecutors said. During the 50 minutes he spent inside the Capitol, he also put a “Don’t Tread on Me” flag over a security camera. He took a seat in the rear of the chamber where he remained for 10 minutes but was not one of the rioters who rifled through desks, prosecutors said. He unlocked a door that allowed other rioters to enter the Senate chamber, prosecutors said. ![]()
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