OAKLAND — A grand jury could soon decide whether the man accused of threatening to kill Oakland Mayor Barbara Lee should also be indicted for allegedly vowing to “skin” a San Francisco federal judge, a prosecutor said Wednesday.
The federal grand jury’s decision — which could come as early as next week — adds to the mounting legal peril for 45-year-old David Pokorny.
Last October, Alameda County prosecutors charged Pokorny with threatening state officials or judges, in connection with threatening emails sent to Lee in September. The missives included a slur while referring to Black Oakland residents, with Pokorny claiming he had a “legal right” to “kill all of the government officials in Oakland and all of the police officers and judges in Oakland as well,” according to court records.
One email sent to Lee on Sept. 21 stated: “You are a psychopath, and I’m going to torture and murder you,” court records show. County prosecutors added a hate-crime sentencing enhancement against Pokorny, which could significantly increase his prison time if convicted.
Federal prosecutors say Pokorny first targeted Senior U.S. District Judge Charles R. Breyer, of the Northern District Court of California based in San Francisco. He is the younger brother of former U.S. Supreme Court Justice Stephen Breyer.
On Sept. 2, Pokorny allegedly sent 11 emails to the media spokesman for the U.S. Attorney’s Office in San Francisco, many of which called the younger Breyer an “enemy combatant,” while adding that he wanted to “skin” the judge. He also said California judges and police officers were “targeting Christians.”
“We have a legal right to do this because California courts & judges rule in favor of godless socialists,” Pokorny wrote, the court records show.
“I am a terrorist, and I’m happy to spill your blood,” Pokorny allegedly continued, according to court records. “Spilling the blood of tyrants like you feels good. It feels real good :-).”
Pokorny, a longtime El Cerrito resident, was staying in a San Diego-area hotel at the time, according to court documents.
Federal prosecutors initially charged Pokorny on Oct. 14 with a single count of threats against a judicial officer, and he was scheduled to appear for a preliminary hearing Wednesday at the Oakland federal courthouse. Such hearings are used to determine whether enough evidence exists for a judge to send the case to trial.
That hearing was delayed, however, after Assistant U.S. Attorney Evan Matthew Mateer raised the possibility of a grand jury indictment — a move that could eliminate the need for a preliminary hearing. Pokorny was ordered to return to court in two weeks, either to be arraigned on a fresh indictment or to appear for that evidentiary hearing.
Pokorny — who remains held without bail at the Santa Rita Jail — faces up to 10 years in prison if convicted of the federal charge.
Jakob Rodgers is a senior breaking news reporter. Call, text or send him an encrypted message via Signal at 510-390-2351, or email him at [email protected].
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