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Criminal

Nov. 6, 2026

Jury weighs whether emails threatening federal judge were criminal or protected speech

Prosecutors say an El Cerrito man's emails threatening to skin U.S. District Judge Charles Breyer were intended to intimidate the court. His attorney called the messages offensive but incoherent speech protected by the First Amendment.

An Oakland jury heard sharply contrasting interpretations Thursday of 11 emails threatening Senior U.S. District Judge Charles R. Breyer, with prosecutors arguing the messages constituted criminal threats and a defense attorney dismissing them as incoherent, offensive speech protected by the First Amendment.

Assistant Federal Public Defender Elisse M. Larouche conceded during closing arguments that the emails her client, David Brooks Pokorny, sent to the Northern District of Calif...

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