The judge advised Philpot (Ammon Bundy's lawyer) to file a motion by the end of the day Tuesday, and cite any prior court rulings on the matter.
Philpot, in his motion, said he and co-counsel Marcus Mumford were not able to find a U.S. Supreme Court or U.S. 9th Circuit Court of Appeals case on point that declared a defendant's right to be tried in the clothes of his choosing.
Instead, they cited a 5th U.S. Circuit Court of Appeals ruling that found because of a defendant's presumption of innocence, "(n)o insinuations, indications or implications suggesting guilt should be displayed before the jury, other than admissible evidence and permissible argument."
Ammon Bundy and his brother Ryan Bundy both wore suit jackets to court Tuesday because the court took photos of them to place in a juror's book that will be handed out at trial. Ammon Bundy wore a gray suit jacket over a white dress shirt. His brother wore a dark suit jacket over a light blue dress shirt.
"He looks very presentable,'' the judge said of Ammon Bundy.
She described his clothing as "perfectly appropriate for court.''
But Philpot argued in his written motion that the judge's opinion was based on a view of Ammon Bundy seated. Yet at trial, he will stand and likely take the witness stand to testify in his own defense, his lawyer said.
"We must consider, when he does so, how will he look? And what are the spot assumptions and impressions will the jury have about him when they see him in the kind of white socks and loafers he was wearing today, with his beltless trousers, and dressed in a formal suit without a tie,'' Philpot wrote. "Just as significantly, how will the lack of belt, tie, or other apparel compare to others in the courtroom, as he and the other detained defendants are the only ones who will appear that way.'' (read the whole thing)
Thursday, September 8, 2016
"We would prefer our clients not look like disheveled slackers in front of the jury''
"Ammon Bundy's lawyer argues for his client's right to wear cowboy boots at trial"