Jury set for trial of man who threatened to ‘skin’ federal judge

Twelve jurors will decide whether emails to the judiciary saying, among other things, that it was "legal to kill judges” constitute a true threat.OAKLAND, Calif. (CN) — Jury selection concluded Monday in the federal criminal trial of a Bay Area man charged with sending threatening emails, claiming he wanted the recipient to “visualize skinning” a federal judge and kill other government officials.Prosecutors say David Brooks Pokorny, a 45-year-old from El Cerrito, California, made threats through email messages to assault, kidnap or murder U.S. District Judge Charles Breyer in September 2025. Pokorny is charged with felony threats against a judicial officer, with a maximum sentence of up to 10 years in prison.Almost a dozen emails were sent to the federal court’s media email system on Sept. 2, 2025, with the first stating, “This is terrorism.” After sending several escalating emails every few minutes, Pokorny sent in an email with the single sentence: “I want you to visualize skinning U.S. District Judge Charles Breyer to death.”“We have a legal right to use terrorism to control California courts & judges,” Pokorny wrote in one of the emails. “It is legal to take & kill hostages in order to get the illegitimate California courts & judges to cease their operations and dissolve their courts. California courts are valid military targets. California judges are enemy combatants. U.S. District Judge Charles Breyer is an enemy combatant. This judge should not have turned traitor. This judge did something very stupid, and that is to militarize the court.”Pokorny was arrested in October 2025 in Southern California.Twelve jurors and two alternates were sworn in following nearly four hours of questioning by the judge and attorneys. The trial is expected to last until Friday.Pokorny appeared in court in a grey cardigan, collared shirt and glasses, sitting at the defense table alongside his public defenders, John Reichmuth and Elisse Larouche. Two U.S. marshals stood behind him in plain suits.U.S. District Judge Jon Tigar opened jury selection by asking potential jurors if they could set aside their personal beliefs in order to ensure an impartial jury.“We’re not looking for 12 people with no opinions and no life experiences … what we’re looking for is 12 people that can put their opinions and life experiences to one side and be fair,” the Barack Obama appointee said.Assistant U.S. Attorney Evan Mateer asked the prospective jury pool about their views on the First Amendment, free speech absolutism and threats against public officials.“Is there anybody that is uncomfortable with the idea that someone may be criminally prosecuted for statements that they made?” he asked.Mateer also inquired about potential jurors’ opinions of President Donald Trump’s deployment of the National Guard in California and the ensuing court case Newsom v. Trump, which Breyer presided over.Last year, Breyer ruled Trump’s deployment of thousands of National Guard troops and Marines in Southern California was illegal, and issued an injunction barring their deployment.Breyer renewed his findings a few months later, blocking the federal government from deploying the state’s National Guard in Los Angeles and ordering the Guard members to be returned to the control of California Governor Gavin Newsom.No potential jurors indicated that their personal beliefs on the National Guard deployment, or the subsequent court case, would cloud their judgment.Both Mateer and Reichmuth cautioned jurors that the case would contain offensive and racist language and asked jurors about their ability to remain neutral in the face of Pokorny’s language.“It’s not just racism you will hear in this case; it’s statements that are shocking, ugly, revolting, vitriol,” Reichmuth said. “What we really want to know is if there are people here that are willing and able to get to the legal question here … are these serious? Should we take these shocking, vitriolic statements this person is saying [to mean] he’s going to do it?”While some jurors were hesitant about staying fair, others believed they could remain impartial.“I wouldn’t want to hang out with him, but I’m able to set it aside,” one prospective juror said.Additional questioning focused on the government’s standard to prove the case beyond a reasonable doubt, personal opinions of law enforcement and the current political climate.Opening statements are scheduled to begin Tuesday. Breyer is expected to testify Wednesday afternoon.U.S. Marshals Tekay Dorsey and Shawn Fogle, FBI Special Agent Kyle Biebesheimer and Mark Busby, clerk of court for the Northern District of California, are additionally expected to testify.Representatives for the parties declined to comment.Last September, Pokorny also sent threatening emails to Oakland Mayor Barbara Lee. The first email was a racist screed against Black people, followed by another email stating, “You are a psychopath, and I’m going to torture and murder you,” according to Alameda County officials.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads