The
primary objective of the government now is to bring O'Dwyer to a jury trial
where it can argue that his coarse language -- which springs, in part, from his
outrage at the brutal
treatment he
suffered previously at the hands of law enforcement in the aftermath of Katrina, demands that he be stripped of his freedom and removed from society. The
penalty for violating the federal anti-threat law is a maximum of five years
imprisonment followed by three years of supervised release, a fine of up to
$250,000, or both.
On Jan. 21, 2011, O'Dwyer filed his
brief
opposing the government's determination to continue prosecuting him. It is
now up to the 5th Circuit Court of Appeals to decide whether to affirm Judge
Walter's dismissal of the federal government's case against O'Dwyer, or subject
him and the public to the spectacle of a jury trial over a desperate plea to
refill a needed prescription.
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