Now:
The late Capitol Police Officer Brian Sicknick's accused assailants George Tanios and Julian Khater are renewing their pretrial release requests.
They filed their motions the day after the D.C. Medical Examiner's ruling on Sicknick.
Live Thread lawandcrime.com/u-s-capitol-si…
The late Capitol Police Officer Brian Sicknick's accused assailants George Tanios and Julian Khater are renewing their pretrial release requests.
They filed their motions the day after the D.C. Medical Examiner's ruling on Sicknick.
Live Thread lawandcrime.com/u-s-capitol-si…
Neither of the men have been accused by prosecutors of any role in Sicknick's death, which the Medical Examiner attributed to natural causes.
Background in the story at the top of the thread.
Background in the story at the top of the thread.
Khater’s lawyer Joseph Tacopina is speaking on behalf of his client now, offering a $15 million bond ("unheard of," he says), home detention and surrendering of his passports.
Tacopina on his client's "mace" or "spray":
"It was a small bottle."
"It was a small bottle."
Tacopina distances Khater from the Proud Boys and others charged in the Capitol siege, describing him as just an individual who was there for his own reasons.
"He was not a part of a far-right neo-fascist organization..."
"He was not a part of a far-right neo-fascist organization..."
Just as he did in the written briefings, Tacopina walks a fine-line of noting the hedges in the government's allegations that Khater "appearing" to hold a canister and spraying it "in the direction" of the officers.
It's something short of a full denial.
Tacopina said it's not bear spray, it's a small can of pepper spray or mace.
"He was responding to just being sprayed seconds before," the lawyer says, calling that important because it's not premeditated.
"He was responding to just being sprayed seconds before," the lawyer says, calling that important because it's not premeditated.
Tacopina describes the image of Khater as a "zealot, hell-bent on destroying democracy" as "fanciful."
Assistant U.S. Attorney Gilead Light is up for the government, saying that Khater "walked straight up to three police officers and sprayed them directly in the face."
"The idea that he was far away and this was a distant attack" is not supported by the video, Light says.
"The idea that he was far away and this was a distant attack" is not supported by the video, Light says.
Prosecutor Light is rolling the tape now, which isn't visible (of course) on the court's virtual public phone line.
Light is helpfully narrating it.
Light is helpfully narrating it.
According to charging papers, Khater told Tanios, “Give me that bear shit,” in an apparent reference to bear spray.
Just as the prosecution tries to pinpoint that moment in the footage for the judge, defense stipulates that the quote is accurate.
Just as the prosecution tries to pinpoint that moment in the footage for the judge, defense stipulates that the quote is accurate.
Prosecutors also quoted Tanios responding "It's early" and "Not yet."
Tanios's lawyer interjects and objects at the characterization of the exchange, claiming her client said "Don't do it, don't do it."
Prosecutor Light counters those statements aren't inconsistent.
Tanios's lawyer interjects and objects at the characterization of the exchange, claiming her client said "Don't do it, don't do it."
Prosecutor Light counters those statements aren't inconsistent.
Light's narration of the video is ongoing.
Service advisory: During a long narration of footage that isn't viewable over the public telephone line, live-tweeting was sporadic.
The video presentation is now over.
The video presentation is now over.
Prosecutor concedes that Khater was using a different kind of chemical spray, not bear spray.
But he says the bear spray is relevant because it shows the planning.
"This goes to planning."
But he says the bear spray is relevant because it shows the planning.
"This goes to planning."
The prosecutor asks: "Why are they bringing bear spray" to Washington D.C.?
"It's uncontested that there are no bears in Washington, D.C.," he adds.
"It's uncontested that there are no bears in Washington, D.C.," he adds.
Prosecutor: "These defendants, in concert, got together to execute an assault on [police officers]."
"Without actions like what these defendants executed," police barriers do not fall; the Capitol does not get breached, prosecutor Light says.
"Without actions like what these defendants executed," police barriers do not fall; the Capitol does not get breached, prosecutor Light says.
Tanios's lawyer Elizabeth Gross is now up, with 12 minutes left before a hard stop.
She says she won't be able to fit her case for release within that time, which includes witnesses.
She says she won't be able to fit her case for release within that time, which includes witnesses.
Judge Hogan says he will review the video and scrutinize the timing and direction of the spray.
"The issue for me is the factual findings have to be made," and what conclusions need to be drawn from those findings, Hogan said.
"The issue for me is the factual findings have to be made," and what conclusions need to be drawn from those findings, Hogan said.
Follow-up hearing on Thursday, May 6th at 9 a.m.
Judge reserves decision.
Judge reserves decision.
He says he will issue an oral opinion if he can.
Here's my wrap up of today's hearing.
https://twitter.com/lawcrimenews/status/1387092697471672324?s=20
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