In Which A 28 Year Old Jan. 6 Felony Accused Tells A Judge He Responds Better To “Positive Reinforcement”. Hilarious.

This is tangential — true — but it is widely related (bear with me, here): we saw it with Virgil Griffith (then 32; now 38). We saw it with Martin Shkreli (then 31; now 38). We saw it with Elizabeth Holmes (then 28; now 37).

A fully-grown, 28 year old Jan. 6 accused, now in jail awaiting trial (after three prior chances — saw his bail revoked, for refusing to cooperate with the judge’s bail conditions) just told USDC Judge McFadden, on the record, in DC yesterday that he would do better with the courts, and the BoP — if they’d just use more… “positive reinforcement.” He’s learned that he personally doesn’t like… negative reinforcement, as a motivator.

And, he said it — with a straight face. He said he cried the day that Pre-Trial Services and the BoP fitted him with the earlier ankle monitor. But he proceeded to called a NY State judge’s home, in an attempt to get the judge(s) to recuse themselves (apparently after his court appointed lawyer told him that was no get out of jail “loophole” — that he would “100% certainly” be arrested for trying to “judge shop,” by successive supposed… DQs).

As you may see, I am not naming him — but trust me, he is a 01/06 defendant. He went through a broken window. But he then claimed a cop told him if he didn’t go past the interior hall of statues, he would “not be trespassing”. R-i-i-i-ight. Climbing through a broken window in the Capitol building, with people holding baseball bats and zip ties and batons… is per force… trespassing (in any sane world).

So my punch-line: USDC Judge McFadden said it was “nice” that the felony defendant before him liked “positive reinforcement“. But he quickly added “This is not community college. You are credibly accused (on video) of serious felonies — you engaged in a pattern that shows contempt to our criminal justice system, to this Court. I have no confidence you would follow my orders….

I find that no set of conditions will guarantee you will appear for trial, absent incarceration. You are remanded.”

So — while I share Ms. Smythe’s frustration with much of the incarceration complex… some people simply will never get the message… from positive reinforcement. In fact, I might argue that it is the molly-coddling helicopter parenting and “excuse-makings” of their parents, elders and to a lesser extent — even their teachers… their whole lives long, that leads these thirty somethings to think… offering such nonsense — when facing dead-bang proof of felonies… is a proper (and winning) response.

I’m out.