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(FOX40.COM)— For the first time since the alleged ABC10 shooter, Anibal Hernandez Santana, was denied bail in federal court, FOX40 is sitting down with his defense attorney to get answers to the burning questions surrounding this high profile case.
First of all, Hernandez Santana’s attorney Mark Reichel was very clear — even the time hasn’t yet come t enter a formal plea in the courtroom, his client explicitly denies committing this crime from top to bottom. He said he had no part in it. The defense attorney suggested his client is being used as a political pawn in an even bigger political game.
“Why are people intrigued by this?” Attorney Mark Reichel said rhetorically in an interview Friday. “This looks like, smells like, smoke of the beginning of a great trial in America about whether democracy survives.”
On Thursday, a federal judge denied bail to Reichel’s client, 64-year-old Anibal Hernandez Santana. He’s the alleged shooter in a case that’s transcended local headlines. On Sept.19, investigators were called to Broadway to look into three shots of gunfire, rocketed into Sacramento’s ABC affiliated news station.
“We deny all the charges right now,” Reichel said without hesitation when asked about his client’s looming plea.
You may remember, last weekend, the man was taken into federal custody after investigators reportedly found a slew of evidence connecting him to the crime. However, under law, prosecutors are not required to provide the defense with this evidence just yet.
“I have no reports of anything yet,” Reichel said. “So, I have nothing to comment on about the evidence or any possible defenses at all.”
According to court documents obtained by FOX40, a core piece of the prosecution’s case so far appears to rest on a note reportedly found in the defendant’s car.
This case falls in both the federal and state courts, so FOX40 spoke with Sacramento District Attorney, Thien Ho, on Monday. He said the recovered note threatened a handful of high-profile federal officials — suggesting they were “next.”
“That handwritten note was signed with the initials ‘C.K. from above’,” District Attorney Thien Ho said. “And we believe the initials ‘C.K.’ were in reference to Charlie Kirk.”
You’ll remember, the controversial conservative political podcaster was shot dead on Sept. 10. The political nature believed to be behind this killing has further contributed to the tense political atmosphere in the United States.
Reichel agreed the case surrounding the shooting at ABC10’s building has become political, but he has not seen formal evidence about the note allegedly found in his client’s vehicle at this time.
“I’ve heard about this note,” Reichel said. “They may talk about this note. I see it on the media, but I don’t know what it means. And I don’t know if my client wrote it, so there’s not much I can say about it right now.”
Another critical piece of the prosecution’s case seems to hinge on a whiteboard planner found on the defendant’s refrigerator. It read “Do the Next Scary Thing” under the Friday section. While prosecutors indicate this is being investigated as a threat related to the shooting at ABC 10, Reichel clarified that — according to his client — this was by no means a threat, rather a self-help tactic used in Alcoholics Anonymous — an organization his client became involved with of this own agency.
“It’s a mantra to get you out of your comfort zone, to get you to conquer your own fears,” Reichel said. “And so, you know, that was on his refrigerator. And of course, [prosecutors] use that to say that’s what happened on Friday.”
Hernandez Santana was initially arrested on state charges, then released on bail, then re-arrested on Sept. 20 on federal charges, too. For additional context surrounding the case, no one was injured, but the building was occupied at the time. Hernandez Santana’s defense attorney said it’s rare for a case of this nature to reach the federal level.
Therefore, the defense said he believes political undertones on the national scale are rippling through this particular case. In documents filed by the defense, Reichel suggested that if Donald Trump was not the current president of the United States, Hernandez Santana would not have been apprehended.
“It’s obvious if you look at [Hernandez Santana’s] social media, he’s very progressive,” Reichel said before adding that he believes Trump’s supporters are looking for statistics to fit a narrative that — especially in the wake of Charlie Kirk’s death — liberal-leaning people are violent. “They need statistics… here you have violence and you have someone who has political left leanings. So [Hernandez Santana] is the perfect candidate for them to grab it, run, bring it to federal court and point up and say, look, another statistic, folks.”
In court Thursday, the alleged gunman’s mental health became a topic of discussion, too. His defense attorney confirmed his client has a history of “moderate mental health issues,” but that they are “nothing serious or extreme.” He added that those mental health issues are not violent either.
That being said, it is important to reiterate that Reichel said his client denied any involvement with this case and –again — while the legal battle has just begun and the defense attorney cannot comment specifically on defense strategy nor tactics, it does not appear like any argument of insanity nor other mental health conditions are on the radar at this time.
Hernandez Santana’s next federal court appearance is not until October 6. He still needs to be arraigned.
This is a developing story, stick with FOX40 for updates.
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