Category Archives: Court

The D.C. Sandwich Guy goes free

It’s Sunday. The day started with rain. I’m on low speed today as my brain feels like I’m hungover, but it’s really just the vestiges of the cold I picked up while in Portland. I’m trying to ween myself off the decongestants today. We’ll see.

Meanwhile, here’s some fine reading for a gray Sunday: “Sandwich Guy, Thrower of Hoagie–Or Hero?,” by Molly Roberts, a former member of the Washington Post editorial board who is now senior editor at Lawfare.

Roberts reports on this week’s trial in federal court of Sean Charles Dunn, 37, who was charged with a federal crime for tossing a loaded salami sandwich at a Customs and Border Protection officer during a protest against federal officers patrolling the streets of the nation’s capitol, striking him directly on his bullet-proof vest.

It’s seems surreal that a charge like this would be filed, and end up with a full-fledged trial during which, Roberts reports, jurors had trouble controlling their laughter.

Dunn was acquitted, but not before the trial put the idiocracy to the test.

Here’s a teaser, but you really should read her entire story.

The question, as it turns out, isn’t really, “Did he throw a sandwich or did he not throw a sandwich?” (That’s hardly in dispute; even the defense emphasized in its opening statement, “He did it. He threw the sandwich.” The government opted for, “No matter who you are, you can’t just go around throwing stuff at people if you’re mad.”) The question is whether the throwing of the sandwich was, as the defense put it, “a punctuation,” “an exclamation mark at the end of a verbal outburst,” “a harmless gesture that did not and could not cause…injury” or whether it was a violent act, and a federal crime.

Throughout the trial, the prosecution and defense characterize the sandwich throw as either ferocious (the prosecution) or frivolous (the defense). They employ language to match, staging a high-tension courtroom drama: “He takes the sandwich in his hand, he cocks it back,” a lawyer for the government describes, as if the grinder were a gun. Similarly, in a court filing, the prosecution says the sandwich was thrown at “point-blank range.” Later, the lawyer inquires about the “impact” felt by the alleged victim, Customs and Border Protection Officer Gregory Lairmore.

“I could feel it through my ballistic vest,” the agent testifies. “The sandwich…exploded all over my uniform. I could smell the onions and the mustard.” As Joseph Conrad’s Kurtz might have testified, “The horror! The horror!”

The defense, in contrast, treats l’affaire de sandwich more as farce. An attorney plays for the jury the final portion of an Instagram video depicting the incident. The now notorious late-night snack lies discarded on the ground, accompanied by a caption, “This sandwich is going up in history.” She asks the victim to identify the sandwich; he says he can’t make a positive verification, because he didn’t go back to collect it. She points out that the paper wrapping is still largely on, the contents essentially intact.

“You don’t see there’s mustard on it?” No. “You can’t tell there’s ketchup on it?” No. “You can’t tell there’s mayonnaise on it?” No. Lettuce? Tomato? “In fact, the sandwich hasn’t exploded at all?”

Also see:

How a thrown sub made ‘Sandwich Guy’ a resistance icon in Trump’s D.C.,” Washington Post, August 21, 2025.

Prosecutors charge D.C. sandwich thrower with misdemeanor,” Washington Post, August 28, 2025.

“‘I could smell the onions and mustard’ | CBP agent testifies at ‘sandwich guy’ assault trial,” WUSA9 News [Includes video of the sandwich throw].

DC ‘sandwich guy’ found not guilty of misdemeanor assault,” The Hill, November 7, 2025.

Man who threw sandwich at federal agent in D.C. found not guilty of misdemeanor after trial,” CBS News, November 6, 2025.

New charges being considered in probate fraud case

It has been nearly six months since Robert Earl Chapman, the former managing partner of a large downtown Honolulu law firm, was indicted on 22 counts stemming from the alleged theft of property held by the estate of a deceased client.

Chapman has pleaded “not guilty” to the charges, although his attorney, Myles Breiner, has indicated in a court filing that a change of plea is “probable.”

According to the indictment, Chapman went to court in 2018 to obtain authority as the “personal representative” of a Honolulu man who had died two years previously.

He then allegedly used fraudulently created or altered documents to transfer property valued at $750,000 from the estate to himself or to a company in which he was the sole officer.

Court records show at least one plea offer has been made by prosecutors, and negotiations over terms of a plea agreement are ongoing and a trial date has been postponed several times.

Chapman has been free after posting a $1 million bail bond. He and his wife took out a $1 million mortgage on their Lanikai home to secure the bond.

More than two years before his indictment, Chapman gave up his license to practice law in lieu of being disbarred by the Hawaii Supreme Court following a lengthy investigation of a different case of probate fraud.

Now, with a possible plea deal still in limbo, prosecutors appear to be ready to play hardball by adding at least one additional charge.

During a court hearing two weeks ago, prosecutors said an additional charge is being considered.

“State updated the court as to a potential new criminal case,” according to minutes of the October 20 hearing. A further update “as to the additional charge” will be provided at a hearing February 6, 2026, the hearing minutes available online show.

There is no other indication of what the additional charge or new criminal case might be.

Meanwhile, Chapman has been traveling.

He requested and received court approval to travel out of state on two different trips since he was charged in June.

He was allowed to fly to Massachusetts, and then drive through New Hampshire and on to Maine between September 21 and October 11. This is considered the best time for “leaf peeping,” or traveling to enjoy view of vibrant colors of the fall folliage.

He has also received court approval to spend five weeks in New Zealand visiting his grandchildren between December 8 and January 13, 2026.

Also see:

Fraud allegations lead to resignation of prominent business attorney, December 29, 2022.

Former Honolulu attorney indicted in alleged $750K probate fraud, iLind.net, June 21, 2025.

Bermudez dumps another attorney

Screenshot

Lance Bermudez was the last of about 18 associates of the late racketeering boss, Michael J. Miske, Jr., to be sentenced. On July 14, Judge Derrick Watson sentenced him to 30 years (360 months) for drug trafficking, with lesser sentences for racketeering and assault to run concurrently to the drug term. It was the longest prison sentence among that 18 or so of Miske’s co-defendants and other associates who pleaded guilty.

He is currently serving his sentence at a federal facility in North Carolina.

Within days of his sentencing, Bermudez filed a notice that he would be appealing to the 9th Circuit Court. At the same time, his attorney, Myles Breiner, filed a motion asking to withdraw from the case. In a declaration filed in court, Breiner said Bermudez wanted a court-appointed attorney to take over. Breiner also said there could be a conflict of interest if Bermudez were to appeal based on a claim of “ineffective counsel.”

A California-based attorney, DeAnna Dotson, was appointed to replace Breiner on August 14.

On the same day, Dotson mailed Bermudez a letter informing him of her appointment to handle his appeal. She also telephoned and was able to speak with him.

In a declaration filed in court this week, Dotson said Bermudez “refused to receive the letter I had mailed to him and it was returned to me unopened marked ‘Inmate refused to Legal Mail.’”

“My client signed a Plea Agreement which waived his right to a direct appeal,” Dotson continued. However, if the government breached that agreement I would be able to file a direct appeal on his behalf. I received his documents and reviewed all of them to see if there was a breach. I could not find any such breach by the government.”

“My client does not want to have any contact with me, either by mail or telephone,” Dotson wrote.

As a result, she has also asked to withdraw from the case. Before withdrawing, however, Dotson reported spending time trying to arrange for Bermudez to be transferred to a prison in Beaumont, Texas, where he wants to be held because he has family in the area.

It is unclear at this point whether another Bermudez will be offered another court-appointed attorney or whether his failure to cooperate will end his appeal.

Meanwhile, appeals filed on behalf of John Stancil and Norman Akau are on hold due to the ongoing government shutdown.

Deadlines for filing opening briefs in their appeals, and other cases being handled by court-appointed attorneys, have been vacated by order of Mary Murguia, chief judge of the 9th Circuit. Those deadlines will not be reset until a funding bill is passed and funds are available to pay the attorneys.

Both men have filed notices of appeal. Stancil’s opening brief was due last week, while Akau’s would have been due next week. Both are now in legal limbo pending the end of the shutdown.

Also see:

The “Hammah” falls, iLind.net, September 8, 2022.

Seven years since the fatal shooting at Ala Moana Center, iLind.net,

What’s Next for “Hammah”? Lance Bermudez, key Miske associate, to be sentenced, iLind.net, October 12, 2025.

The “Hammah” and his attorney get hammered as the Miske Enterprise case winds down, iLind.net, October 16, 2025

An over-the-top crazy tale of a reporter and the U.S. Attorney prosecuting Comey

This is a story that has gotten a lot of play over the past couple of days.

Lindsey Halligan, the inexperienced interim US Attorney in Virginia who is personally prosecuting the criminal case against former FBI Director James Comey, initiated a text conversation with Anna Bower, a lawyer and senior editor at Lawfare, concerning the case. Not only initiated, but texted multiple times over a couple of days, much to the amazement of the reporter. Halligan is an insurance lawyer with zero experience as a prosecutor, but who was named interim US Attorney for Eastern Virginia by President Trump after her predecessor determined there was not enough evidence to support an indictment of Comey.

Then along came Lindsey, and an indictment was quickly filed.

Here are a few of the published stories about this bizarre string of text messages.

Lindsey Halligan sends multiple texts to legal reporter, The Hill

Reporter publishes ‘unsolicited’ texts from Trump’s handpicked prosecutor, CNN

Interim U.S. Attorney’s Angry Texts To Reporter Revealed, HuffPost

But most amazing is the reporter’s own recounting of the experience (“Anna, Lindsey Halligan Here.” My Signal exchange with the interim U.S. attorney about the Letitia James grand jury).

Her version begins:

It was 1:20 p.m. on the afternoon of Saturday, Oct. 11. I was lounging in my pajamas, idly scrolling through Netflix, having spent the morning reading news stories, occasionally tweeting, and watching TV. It was a rare day off.

Then my phone lit up with a notification. I glanced down at the message.

“Anna, Lindsey Halligan here,” it began.

Lindsey Halligan—the top prosecutor in the Eastern District of Virginia—was texting me. As it turned out, she was texting me about a criminal case she is pursuing against one of the president’s perceived political enemies: New York Attorney General Letitia James.

So began my two-day text correspondence with the woman President Donald Trump had installed, in no small part, to bring the very prosecution she was now discussing with me by text message.

Over the next 33 hours, Halligan texted me again.

And again.

And again.

And again.

I’m still shaking my head after reading her version of events.

And Bower then discussed her story in a video podcast with Lawfare editor in chief, Ben Wittes. It’s a hoot.