For many rioters who stormed the U.S. Capitol on Jan. 6, self-incriminating messages, photos and videos that they broadcast on social media before, during and after the riot are influencing even the sentences in their criminal cases.
Earlier this month, U.S. District Judge Amy Jackson read aloud some of Russell Peterson’s posts about the riot before she sentencedThe judge told Peterson that his posts made it “extraordinarily difficult” for her to show him leniency.
As of Friday, more than 50 people have been sentenced for federal crimes related to the insurrection. In at least 28 of those cases, prosecutors factored a defendant’s social media posts into their requests for stricter sentences, according to an Associated Press review of court records. Rioters’ statements, in person or on social media, aren’t the only consideration for prosecutors or judges. Justice Department sentencing memos say defendants also should be judged by whether they engaged in any violence or damaged property, whether they destroyed evidence, how long they spent inside the Capitol, where they went inside the building and whether they have shown sincere remorse., but Judge Tanya Chutkan sentenced her to two weeks in jail for her participation in the riot.
Judge James Boasberg singled out that post as an “aggravating” factor weighing in favor of house arrest instead of a fully probationary sentence. Prosecutors asked for a one-month jail sentence for Vinson, but the judge sentenced the Kentucky nurse to five years of probation and ordered her to pay a $5,000 fine and perform 120 hours of community service., the judge found social media posts belied serious mental health issues that needed treatment rather than incarceration. Marquez recorded cellphone videos of himself with other rioters inside the office of Sen. Jeff Merkley, D-Ore.
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