The defense team for Cole Tomas Allen, the man accused of attempting to assassinate President Donald Trump at the White House Correspondents' Association dinner last month, is fighting to have him removed from suicide precautions, arguing the restrictions violate his constitutional rights and amount to punishment.
In a motion filed Saturday, Allen's attorneys contended that he has shown no signs of suicidal behavior and should no longer be subjected to the protective measures. The filing in U.S. District Court for the District of Columbia characterized the precautions as "demeaning" and claimed they constitute violations of his Due Process rights under the Constitution.
Allen, 31, a California teacher, allegedly rushed through a security checkpoint at the Washington Hilton on April 25 armed with multiple guns and knives. According to the Justice Department, he fired on a Secret Service officer during the incident before being apprehended. He has not entered a plea.
The conditions of Allen's confinement have been severe at times. According to the filing, he was at one point held in a padded cell with constant lighting and 24-hour lockdown, required to wear a restrictive vest, undergo strip searches upon entry and exit, and permitted to leave only for legal or medical visits. As of Friday, he was under suicide precautions, which are less restrictive than suicide watch, though the motion notes a nurse recommended the designation be removed that same day.
The restrictions have cut Allen off from nearly all outside contact, prevented him from accessing jail commissary and tablet devices, and reportedly blocked his ability to review case documents provided by his legal team. His attorneys, A.J. Kramer, Tezira Abe, and Eugene Ohm, argue that while they do not believe the facility intends to punish him, the practical effect of the precautions amounts to punishment regardless.
Allen faces charges of attempting to assassinate the president, transporting firearms and ammunition across state lines with intent to commit a felony, and discharging a firearm during a crime of violence. A judge this week ordered him held in custody pending further proceedings. Video released by prosecutors shows a man identified as Allen sprinting through the checkpoint and firing at security personnel.
Prosecutors have stated that in writings, Allen expressed an intention to target members of the Trump administration from the highest-ranking officials down. The incident forced the evacuation of the event's attendees, including first lady Melania Trump, multiple cabinet members, and congressional representatives. The dinner was canceled for the evening.
The Justice Department and the D.C. Department of Corrections, which operates the detention facility, have not yet responded to the defense motion.
Author Sarah Mitchell: "The lawsuit highlights a fundamental tension in the criminal justice system, between protecting a defendant's rights and managing legitimate security concerns when alleged violence is at the center of the case."
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