Tuesday, March 11, 2025

U.S. v. Walthall (9th Cir. - March 11, 2025)

When you're sitting in jail awaiting trial for a serious offense, you've got a lot of time to think. Sometimes that reality is exceptionally counterproductive to your welfare.

John Walthall was indicted in federal court 2009 for attempting to swindle an elderly couple out of $5.5 million. He fled, but was eventually captured and convicted. While awaiting sentencing, "he told another inmate that he wanted 'to get rid of the people involved in” his prosecution, including “the judge, the prosecutors, and the FBI agents.'" That's a bold plan, of course. But not a very wise one.

Entirely predictably, the inmate snitched, and they transferred Mr. Walthall to a federal prison and put an undercover agent in there as well wearing a wire. Mr. Walthall was subsequently recorded by the agent as saying that "he wanted the murder to be “nice and painful,” with the judge’s arms and legs “cinched” and his body “shoved in a . . . wood chipper.” He also explained that he wanted [the informant] to find an FBI agent involved in his case, “and his wife, and family,” and to “make their bodies disappear.”"

First of all, that's almost certainly not going to happen. Second of all, those statements are likely not going to play well at all when you're subsequently sentenced for attempted first degree murder.

Mr. Walthall's poor decision making didn't end there. He now had lots of additional time in prison to work on his upcoming legal defense to the attempted murder charges. So he prepared and "submitted a 1,664-page document outlining 872 reasons for the district judge to recuse himself and complaining that, while Walthall was in prison, “DOJ/FBI/BOP-employee directed, and controlled Entrapment Officers” had employed “Gangsters, Serial Murderers, and Professional Terrorists, from Mexico, Colombia, and Nigeria” to extort money from him."

The district court denies his request to represent himself, he's found guilty and sentenced to the statutory maximum of 20 additional years in prison, and the Ninth Circuit affirms.