Sentencing hearing underway for Matthew Mazzocco. Judge questioned why Mazzocco’s lawyer filed her sentencing memo under seal without permission. It will l be unsealed, letters may be filed redacted.
Judge Tanya Chutkan says a large number of Mazzocco supporters wrote letters.
Prosecutor says everyone who was unlawfully present in the Capitol on Jan. 6 contributed to the riot.
“No rioters acted in a vacuum.”
Says probation should not become the norm for misdemeanor defendants, risks downplaying what happened on Jan. 6.
Prosecutor: This was a crime that literally played out before the eyes of the world… Rioters uploaded their crimes in real time.
Prosecutor: General deterrence is crucial here, need to emphasize that there are consequences for their actions.
It is important for the general public to know that probation is not the norm for these cases.
Mazzocco’s lawyer says her client is “extremely nervous” and thought it would be “overwhelming” to read the letter he wrote to apologize. So she’s reading.
Mazzocco claims he supports the police and has lived with shame and remorse since Jan. 6.
Says he’s brought shame into his home and his family’s name. Says harassing emails and letters have had an impact on his family.
Mazzocco’s letter asks the judge for leniency.
Mazzocco’s lawyer says he’s more remorseful than any client she’s ever represented.
“This is a Class B misdemeanor,” she says. Each person should be sentenced as an individual, she says.
Mazzocco’s lawyer: “The fallout was massive for him… as well it should be for everyone who acted with such disregard for democracy that day.”
But says Mazzocco’s conduct isn’t as severe as others that day.
“It was 12 minutes in a lifetime in a million minutes, millions of minutes” in which he has been a good father and a good worker, lawyer says. “He wants to continue to be able to be a good role model.”
Mazzocco to judge: “The letter that I wrote you… is from the bottom of my heart.”
Says he’s truly sorry for his actions that day, and claims he’s not just saying that for leniency.
“I would just like to apologize to the country” as well as officers impacted that day, he says.
“That mob was trying to overthrow the government,” Judge Chutkan says. They “showed their contempt for the rule of law.” It was “no mere protest,” she says.
The people who were committing those violent acts did so because they had the safety of numbers, she says.
Judge Chutkan: To compare the actions of people protesting mostly peacefully for civil rights last summer to Jan. 6 downplays the seriousness of the Capitol attack.
Says the Jan. 6 rioters have been treated much more leniently than other rioters.
Judge Chutkan points out that Jan. 6 rioters were allowed to go home and weren’t arrested on the spot. Because of the COVID pandemic, they weren’t even forced to come back to D.C. And they were allowed to plead guilty to misdemeanors.
Judge: Mazzocco did not go to the Capitol because of love of country or in support of democracy, he went there to support "one man.”
He was “proud of what he had done” when he got home. Didn’t start to “walk it back” until consequences began.
Judge Chutkan says Mazzocco engaged in a coverup and his remorse only came when he realized he was in trouble.
“The country is watching” to see what the consequences are for Jan. 6 defendants, she says.
Judge Chutkan, a former public defender, says many of her former clients did not have the benefit of a strong family background like Mazzocco did.
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Hearing underway for Daniel “D.J.” Rodriguez, charged with electroshocking Officer Mike Fanone during the Capitol attack.
Rodriguez, who is appearing virtually, said he’s doing “okay.”
He’s got a new federal public defender out of Las Vegas.
Judge Amy B. Jackson presiding.
Defense says the government will not extend a formal plea agreement until Daniel Rodriguez sits down and talks.
Government says there are “extenuating circumstances” particular to this case, and they need him to debrief about “other individuals” he knows before plea offer.
D.J. Rodriguez has been in custody since March. He was arrested a month after HuffPost, building on the work of online sleuths and antifascists, identified him. #TaserPrickhuffpost.com/entry/daniel-j…
Robert Scott Palmer will be locked up until his sentencing. His lawyer said he sold his assets to prepare for incarceration. huffpost.com/entry/capitol-…
He’ll join D.J. Rodriguez, who electroshocked Officer Mike Fanone. Rodriguez, who was identified by sleuths and antifascists and named in a HuffPost story in February, has a court hearing at 2:30. huffpost.com/entry/fanone-t…
NEW: A federal judge, a former public defender, just sentenced a Capitol misdemeanor defendant to 45 days incarceration, saying a “slap on the wrist” isn’t appropriate in many Jan. 6 cases.
“The country is watching to see what the consequences are for something that has not ever happened in the history of this country before.” huffpost.com/entry/capitol-…
“The sentencing before US District Judge Tanya Chutkan marked the first time that any judge presiding over the hundreds of Jan. 6 prosecutions in Washington, DC, handed down a sentence that was harsher than what the government asked for.” @ZoeTillman: buzzfeednews.com/article/zoetil…
A plea hearing is now underway for Robert Scott Palmer, aka #FloridaFlagMan. He lawyered up and contacted the FBI after he got a call from HuffPost. huffpost.com/entry/robert-s…
"I’m just trying to live my life right now.”
He hung up when HuffPost asked him about the fire extinguisher.