How a Murderer Becomes a Terrorist: Eric Frein and Domestic Terrorism

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Although the 48-day manhunt for suspected murderer Eric Frein came to a close last month, new charges against the fugitive were just released last week.  The charges, two counts of terrorism, were derived from a letter that Frein allegedly wrote to his parents last year, and which he edited as recently as October of this year.  Frein is charged with attacking two Pennsylvania State Troopers at the Blooming Grove barracks this past September.  One trooper was killed and the other was wounded in the sniper attack.  Accordingly, Frein is also charged with, among other things, first degree murder and attempted murder.  Based on the response to the charges in various media outlets, adding the two counts of terrorism to Frein’s list of charges may seem counterintuitive.  This new development certainly raises a number of questions:  What is required for an individual to be charged with terrorism and how does Frein’s letter relate to these charges?  What other domestic terrorists can Frein be compared to?

A Refusal of Recusal

The color black is made through a combination of all primary colors.  It is often believed to represent authority and power.  Black is an appropriate color for judicial robes because judges wield considerable power, and their judgments, much like the color itself, are made through a combination of all factors.  A judge’s ability to remain impartial through the course of criminal litigation became the center of the Aaron Hernandez case.

NFL star Aaron Hernandez is charged with one count of first-degree murder and five counts of weapon possession.  These charges stem from the June 17, 2013 killing of Odin Lloyd.  Sports Court Media, a trusted provider of sport and legal analysis founded by Tamara Holder and Linda Baden, reported that on his last court appearance, prosecutor William McCauley demanded that Bristol County Superior Court Judge, Susan Garsh recuse herself from the case.  McCauley cites a long antagonistic history with Judge Garsh as the basis for his request for recusal.  He believes that Judge Garsh would be unfriendly to the prosecution’s case.  Judge Garsh’s recusal would have brought the trial and all pretrial matters under the control of a different judge.  However, Judge Garsh stated that she harbored no ill will or bias, and was not partial towards the Commonwealth or defendant.  This case presents an opportunity to explore the rules and guidelines for judicial recusal, and the options available to the prosecution when a request for recusal is denied.