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After mistrial, new trial for Texas ICE detention facility shooting case set to begin

STEVE INSKEEP, HOST:

A trial begins again today over a shooting outside an ICE detention center. A federal judge declared a mistrial during jury selection last week over what he called a defense attorney's politically-charged shirt. Nine people faced charges, once again, including attempted murder and providing material support to terrorists. Some of the defendants could be sentenced to life in prison if found guilty. The Trump administration calls it the first ever federal domestic terrorism case associated with antifa. KERA's Toluwani Osibamowo reports.

TOLUWANI OSIBAMOWO, BYLINE: About a dozen people gathered outside the Prairieland Detention Center in Alvarado, south of Fort Worth, the night of July 4. Prosecutors say they shot fireworks toward the building and damaged property. Minutes later, an Alvarado police officer who responded to the scene was shot in the neck. He was released from the hospital in the following days. The Justice Department accuses the nine defendants of being part of a, quote, "North Texas antifa cell" that intended to kill ICE agents. President Trump declared the anti-fascist movement a domestic terrorist threat last year. Maricela Rueda is one of the defendants arrested that night. She told NPR from jail they were protesting to show support to people in ICE custody, and she wasn't expecting things to get violent.

MARICELA RUEDA: I heard the shots from afar, and immediately, what came out of my mouth was, what is happening?

OSIBAMOWO: Fort Worth jury will have to decide which narrative it believes. Jury selection is starting over because Judge Mark Pittman accused a defense attorney of trying to influence the jury pool with her shirt. It was a black and white T-shirt depicting historical American civil rights figures and protest scenes. Pittman also got frustrated with how long the defense attorney took to question the jury pool. This time, only Pittman will ask the prospective jurors questions, including some submitted by attorneys. George Lobb represents one of the defendants in state court. He says that's perfectly legal, but it could change the jury pool's answers.

GEORGE LOBB: The key difference here with the judge asking the questions is the jurors are going to be more deferential and more likely to give answers to please the judge versus the answers they would give to an attorney.

OSIBAMOWO: The officer who was shot and all nine defendants on trial are expected to take the witness stand. The jury is also expected to see text messages between the defendants in the lead up to July 4 and footage from that night.

For NPR News, I'm Toluwani Osibamowo in Fort Worth. Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Toluwani Osibamowo