Mistrial declared in federal trial for 9 involved in alleged attack on officers at North Texas ICE facility

The trial in the high-profile federal trial in connection with the Fourth of July shooting at a U.S. Immigration and Customs Enforcement detention center in Alvarado, Texas, is over before it even began. 

Nine defendants, who the DOJ alleges are a part of an "Antifa cell", face federal charges.  

The judge abruptly sent the jury out during the defense's voir dire questioning on Tuesday afternoon. 

Once jurors were out of the room, Judge Mark Pittman began scolding defense attorney MarQuetta Clayton for the shirt she was wearing. On the screen in the overflow room, it looked to be a black and white T-shirt with images of protesters on it. She had a black blazer on over it, which is probably why no one noticed it right away. 

Pittman said he saw no choice but to declare a mistrial because there was no way to know how many of the potential jurors had noticed the shirt or had been prejudiced by the shirt. 

"If you think I want a mistrial, you're crazy," Pittman said.   

He brought up the point that what if the prosecution was wearing ICE shirts or Trump pins, saying that to delay the trial by another week would mess up everyone's schedule. 

When the judge returned from the recess, he said he had gone over caselaw to see how to rule. He had received word that one of the defense counsel or staff was wearing an anti-ICE lapel pin. No one came forward to admit that.

The judge then called Clayton up to the podium and made a note that she had turned her shirt inside out. He asked her what the graphics portrayed on the shirt, and she said Martin Luther King, Shirley Chisholm, and other civil rights protesters. 

The judge said that the rules of conduct for trial say no graphic tees can be worn. He told the court that clothing cannot be used to sway the jury or provide testimony. 

He said he had considered admonishing potential jurors, but that "there was no way of knowing if you can remove the skunk from the jury box." 

The judge also said that Clayton had tried to introduce a poster board showing scenes of protest during voir dire without first showing it to the judge or to the prosecution.

Pittman said you cannot show demonstrations without permission and that this isn't a state or district court. The judge also said the proceedings had already cost hundreds of thousands of tax dollars.

Pittman said he would pursue a show-cause hearing for Clayton after the trial about her violation of the rules of conduct. 

In an ominous sign for the defense, the judge also mentioned that he will be issuing a revised order on time limits. On Tuesday, the prosecution got 40 minutes for voir dire, and the defense collectively got 90 minutes. 

In a press conference afterwards, supporters of the defendants said Clayton wore the shirt in honor of Jesse Jackson and called the judge's decision "rash." They also pointed to another theory. 

"What we saw in the jury pool is something they weren't expecting," said Amber Lowey, sister of Savanna Batten. 

She mentioned the fact that several of the potential jurors spoke out against ICE and the Trump administration. Two called ICE's conduct "unprofessional." Another said they did not support the mission of the agency, while one woman said she came from a family of immigrants and disagreed with the tactics seen in Minnesota and elsewhere.  

Clayton left the courthouse with her shirt inside out. She didn't answer questions except to say that she is still representing her client.

CBS News Texas spoke to one of the prospective jurors who was dismissed from the case.

"It felt a little off like part of their strategy, after she did that, and the judge was like, 'What are we doing?'" said Harrison Stables, who was a prospective juror. "It all just felt disorganized because she pulled out a sign that wasn't approved by the court, the court had no idea that she was bringing in a sign. It just felt all disheveled."

A new trial will be scheduled at some point.

Officer was shot during alleged attack on July 4

Prosecutors allege a group carried out a violent, coordinated incident at the Prairieland ICE detention facility that left an Alvarado police officer shot in the neck. The officer survived. 

FBI Director Kash Patel said on X that the defendants were "anarchist violent extremists."

A group supporting the defendants says the incident was not a terrorist attack but began as a "noise demonstration in solidarity with detainees." They also claim prosecutors have not provided any hospital records to confirm the extent of the officer's injuries.

The nine defendants face a range of federal charges, including attempted murder of a federal officer, while five others have already pleaded guilty.

Some defendants who pleaded guilty could still testify, potentially shaping how this trial unfolds. Legal experts said some may also seek a "5k" — cooperating with prosecutors in hopes of a reduced sentence.

"One or more of those defendants may try to provide assistance to the government… so you'll have to see if any of those who have pled guilty end up on the witness stand," said Paul Coggins, a former U.S. attorney for the Northern District of Texas.