Museum Shooting Suspect: Frail but Defiant
This story was written by CBS News producer Deirdre Hester
Everyone in the courtroom strained forward in suspense trying to get a good look at 89-year-old James Wenneker von Brunn as he was wheeled into the hushed courtroom by a group of U.S. Marshals.
Despite appearing old and frail, he proudly sat up straight in his chair, nose in the air, chin held high. He looked defiant and unremorseful. He had no visible signs of having been shot in the face before being taken to the hospital for emergency medical treatment immediately following his arrest on June 10. He was dressed in a navy prison jump suit and wore orange slip on sneakers. His thinning wispy grayish-white hair was combed back. His lawyer says he cannot walk and has difficulty hearing from his right ear. His left hand is bruised.
Von Brunn has spent most of the summer in a Department of Corrections Medical facility for continued medical care. He's been a no-show for several court hearings before a magistrate judge because his doctor said he was physically unable to appear court.
On July 29, a federal grand jury in Washington D.C. charged Von Brunn in a six-page, seven-count indictment with the murder of Special Police Officer Stephen Tyrone Johns and other related hate crime, and gun violation charges for the shooting at the U.S. Holocaust Memorial museum on June 10.
At today's pre-trial detention hearing the government argued for Von Brunn's continued confinement telling Judge Walton that the defendant is an "avowed White Supremacist" who attempted mass murder, and if given the chance he would do it all over again.
Prosecutor Nicole Waid told the judge the weight of the evidence in this case is overwhelming. The shooting on June 10 is "all caught on videotape."
She quietly described the chilling details of what the videotape depicts. On June 10, 2009 James von Brunn was seen double parking his vehicle outside the U.S. Holocaust Memorial Museum. He is seen approaching the entrance to the museum bearing a rifle. As a security guard opens the door for Von Brunn he shoots at the Officer, Stephen Tyrone Johns in the left side of his chest. The defendant continued through the door raising his rifle as if to carry on shooting in the lobby but was shot in the face by return fire from other security officers on duty. He is seen falling with the gun at his side. He was arrested at the scene. Nicole Waid told Judge Walton, "This is not a case of who done it, or even why he did it."
Other evidence she says indicates this was "a premeditated plot." She said his writings show he's a white supremacist who believes the Holocaust is a lie. She said he was clearly on "a suicide mission" that day. He knew what he was thinking. He was loaded with ammunition. Furthermore, the government found evidence that Von Brunn wrote out his funeral plans... found checks he made out to his son...and proof he had gathered together financial documents outlining beneficiaries and various account numbers.
The prosecutor said Von Brunn has destroyed his family and they want no contact with him. She said he has no true friends and no place to live. She argued against his release because "this defendant has nothing to lose." He views himself as a martyr with a cause. "A cause that he's willing to kill for."
Additionally she raised his status as a convicted felon for kidnapping, burglary and weapons charges stemming from a threatening incident he undertook at the Federal Reserve Bank in 1981.
A.J. Kramer, the Public Defender assigned to Von Brunn offered no counter evidence to refute the government's claims. Von Brunn sat expressionless and clasped his hands as Judge Walton ordered Von Brunn continued to be held without bond because he "poses substantial risk to our society."
Kramer said he's had extensive conversations and meetings with Von Brunn since June 10th.
Kramer suggested to Judge Walton that he order Von Brunn transferred to the Bureau of Prisons for a mental competency evaluation as a first step before a deferred Arraignment . He recommended Butner Federal Prison because it's close by by car or air and has both a hospital and psychiatric facility. The Judge agreed and placed him in the custody of the Attorney General. At that point Von Brunn blurted out, "Your Honor, " signaling he wished to talk. Looking slightly alarmed Kramer tried to stop him. After a few minutes of whispering with him Kramer said Mr. Von Brunn doesn't agree with this course of action, and is adamant he wants to proceed. However Kramer argued any good lawyer would be asking for a competency evaluation, "especially in a death penalty case" with similar charges.
Acknowledging Von Brunn's disagreement Judge Walton advised him --while not trying to stop him from expressing his objection-- his advice (to Von Brunn) would be for him not to speak and to speak through his lawyer because anything he said would be used against him by the government.
Von Brunn didn't take the advice and spoke out, "Your Constitution guarantees me a speedy and fair trial."
Kramer noted his difficulty speaking and his difficulty hearing from where he'd been shot. He whispered to his client, apparently trying to convince him it would be in his best interest to keep quiet.
But Von Brunn went on in a raspy, shaky voice. "I'm a United States Citizen. I'm a U.S. Naval officer. I swore to protect my country. I take my vows very seriously."
His request for a speedy trial was noted by the Judge, but Walton proceeded to order him held for 30 days for a psychiatric evaluation to assess his competency to stand trial.
The next hearing is scheduled for October 14 at 9 a.m.