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“I had no legal means to declare unlawful assembly against the other [right-wing] side because they were not being unlawful,” Novak said. “It was the violence of that group [Antifa] that came, that brought the violence.” He asserted that the locals who attended the “Patriot March” were nonviolent and that the responding “counter-protestors” came from elsewhere, including Los Angeles, to bring violence to the suburban beach community.

During cross-examination, attorney Briggs showed the jurors a photograph of a right-wing rally attendee who allegedly wore a sheathed knife on his hip but was not arrested or prosecuted. “They can carry a knife in a sheath, wearing the knife itself is not illegal,” Novak told the defense attorneys, although he noted that switchblades are illegal in California, and brandishing a knife could be unlawful.

Novak defended his officers for not intervening when people were being assaulted by Antifa. Many conservative activists and media have criticized police departments across the US for not reacting when conservative protesters are assaulted by far-left extremists. The captain said decisions were made to “keep discipline” and that officers were instructed not to be baited out of their lines. Novak said he announced an unlawful assembly after police were hit with rocks and projectiles from the Antifa side.

Unbroken String of Convictions
Nine other Antifa co-defendants have already been convicted in the case that has taken more than three years to prosecute: Alexander Akridge-Jacobs, 33, Jesse Merel Cannon, 33, Joseph Austin Gaskins, 23, Christian Martinez, 25, Samuel Howard Ogden, 26, Bryan Rivera, 22, Faraz Martin Talab, 29, Erich Yach, 40, and Luis Francisco Mora, 32.

One defendant, violent trans activist Erich “Nikki” Yach was the first to be convicted in September 2022, and he was sentenced to nearly five years in state prison. His sentence was enhanced due to him having outstanding felonies for other crimes when he rioted. He could be released as early as October 2024, according to the California inmate locator webpage.
In February, co-conspirator Jesse Merel Cannon was sentenced to two years in prison for the 2021 Antifa riot case, plus three more years for a separate violent felony assault case that was included in his plea deal. While out on bail on separate violent charges, Cannon assaulted a woman and a teen at the Pacific Beach riot. Before he pleaded guilty, it was revealed by prosecutors that he had an Antifa girlfriend in the San Diego Public Defender’s office who allegedly had access to information about victims and witnesses in this high-profile case. Leah Madbak even posed with Cannon in front of Antifa propaganda.

The trial is in its third week of testimony, and closing arguments are predicted for next Monday, April 22. The jury is nine women and three men, with four alternate jurors. The defense began to present their case this week, with White taking the witness box in his own defense. White and Lightfoot’s attorneys are setting up a defense claim where the assault victims are to blame for being attacked by the black bloc mob.