Judge Goldstein: “I don’t want to get political.”

San Francisco attorney Curtis Briggs asked for the names of all policemen who were embedded in the Antifa mob during an assault in San Diego on January 9, 2021. 

The demand was heard Friday, March 1, by Judge Daniel Goldstein. This judge, who will hear the trial, was hearing motions before jury selection, which is expected to begin in two weeks. 

Three alleged Antifa rioters have pled not-guilty to multiple felonies: Brian Cortez Lightfoot Jr., 27, Luis Francisco Mora, 32, and Jeremy Jonathan White, 41. Eleven people were originally charged, eight already made plea deals, and of those eight, two were sentenced to state prison. Erich Yach, now 40, was the first one to make a deal and could be released from prison as early as April 1, 2024, according to a prison spokesperson. Jesse Cannon was sentenced to five years state prison last month, but so far remains in local custody.

At the hearing last week, prosecutor Makenzie Harvey confirmed that there were plainclothes or undercover police among the Pacific Beach leftists that day; this came out because one cop’s conversation was recorded by his own bodycam. That policeman, who was not undercover, was approached by a victim identified as J.C., who wanted to know why violent protestors were not being arrested. The cop responded that there were people embedded in the crowd and that action would be taken “later.”  Besides the cop’s bodycam recording, the testimony of victim J.C. before a San Diego grand jury was in the grand jury transcripts obtained by defense attorneys.

The judge said this motion to reveal names and identities of those embedded officers, would be discussed “ex parte” with the prosecutor in a closed hearing, and no decision has been announced publicly yet.

Defense attorney Briggs wanted to obtain any information about how San Diego police might have been trained regarding Antifa, especially immediately after the January 6, 2021 disturbance in Washington, D.C. Briggs pointed out that the riot in San Diego happened just three days later, on January 9, 2021. 

“I don’t want to get political,” Judge Goldstein warned. This judge has repeatedly warned all attorneys that he will not allow the trial to “get political.” But Briggs persisted and again referred to what happened in Washington D.C. on January 6, but the judge cut him off, “We are not tying the two together, I don’t want to do that,” the judge declared. 

Attorney Curtis Briggs, who represents defendant Jeremy White,  said he wants the entire case dismissed because of “selective prosecution.” Briggs is claiming that District Attorney Summer Stephan chose not to charge any “people on the right” for their alleged acts of violence during the “protest.” Briggs complained that San Diego police captain Matt Novak, who was on scene during “the supposed riot,” was an important witness, since the police captain told the grand jury that the people on the right were peaceful, and people on the left were violent.

Prosecutor Makenzie Harvey confirmed that yes, Capt. Novak is expected to be a witness during trial, and yes, they prosecutors have already provided all of his statements to defense attorneys in discovery.

In a statement released in December 2021, in which D.A. Stephan first announced charges against Antifa rioters, she stated: “Video evidence analysis shows that overwhelmingly the violence in this incident was perpetrated by the Antifa affiliates and was not a mutual fray with both sides crossing out of lawful First Amendment expression into riot and violence.”

And, “...when peaceful Black Lives Matter protesters were assaulted in Lemon Grove, (a separate confrontation) the DA’s office brought felony charges and obtained felony convictions.”

Defense attorney Briggs said that persons identified as American Guard or Proud Boys were present at the “protest;” he said they are Far Right protestors. Briggs asserted that the president of American Guard has been photographed going to campaign events of D.A. Summer Stephan. 

The next court hearing for this case is set for March 18, when the last three alleged Antifa defendants are expected to appear in court. For some months, the defense attorneys for those last three defendants have been appearing without their clients present. (Brian Cortez Lightfoot Jr., 27, and Luis Francisco Mora, 32, and Jeremy Jonathan White, 41.)

At the next hearing, a new Antifa expert is expected to appear to convince the judge of her expert qualifications. The previous Antifa expert who had testified before the grand jury, Dawn Perlmutter, has been challenged by defense attorneys.

Defense attorneys are apparently concerned about whether they will be paid for their efforts, and a hearing was set in which San Diego’s office of assigned counsel will appear to hear from the attorneys from San Francisco who are representing certain Antifa defendants here. (Ironically, one of the Antifa defendants Jesse Merel Cannon allegedly had a romantic relationship with a woman who worked in the public defender’s office (Leah Madbak). However, Cannon has admitted guilt in a plea deal, and was sentenced to state prison.)