STANDBY: Hearing beginning in Jan 6 case of Timothy Hale-Cusanelli.
Hale-Cusanelli is accused Nazi sympathizer & allegedly harassed police at Capitol on Jan 6
His attorney previously said Hale-Cusanelli & others were "swindled" by Donald Trump's post-election challenge
Judge is detailing logistical hurdles with having Hale-Cusanelli's trial next month. COVID and firehose of Jan 6 cases are backlogging DC federal court
Judge: "We're only going to be running a certain number of jury trials next month"
Judge: We don't have room in the courthouse to have this trial on Tuesday, Nov. 9
There is a trial on Nov 8 for a defendant who's been in pretrial detention since 2020... per judge
COVID backlogs in American courts are real... and underreported by us in media
Judge is throwing cold water on idea of having a Jan 6 trial in November. Defendants have speedy trial rights and some are seeking to exercise those rights.
But as trial dates approach.... as COVID continues to hammer courts.. reality is sinking in
And here comes the US Justice Dept explaining why they will not be prepared to go to trial on Nov 9 in this case (they'd already requested continuance/extension)
Calling Jan 6 cases "unprecedented" .. compilation and prep of evidence has been challenge throughout
Feds have been making same argument in many Jan 6 cases.... that it's a Herculean effort to get voluminous evidence to defense and ready for trials
Thing is.. Timothy Hale-Cusanelli doesn't wanna wait. He wants to go to trial. Waiting to hear what his attorney has to say
NOTING THIS: Federal prosecutor tells judge the Justice Dept has provided 42 internal affairs reports from DC Police and 35 internal affairs reports from US Capitol Police to defense counsel in jan 6 prosecution
Defense questions whether feds will try to delay again.... but judge is going to grant prosecutor's motion for a delay in this case
Hale-Cusanelli is going to have to wait longer for trial
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This case has had twists & turns, including the 11th hour reveal of new video of Reeder before his initial sentencing date in August, allegedly showing assault on police. But no new charge
As of tonight, there are 45 defendants in Jan 6 cases being held in the DC jail.
They are held together in what *they* call the “Patriot Wing”, per attorneys. An attorney for one of the inmates recently told a judge, the defendant sought to go “in the hole” voluntarily to get away from the others
NEW: Another Jan 6 defendant is about to plead guilty to "unlawful picketing" misdemeanor charge
Israel Tutrow of Indiana
Feds said a high school acquaintance of Tutrow's was a tipster.... Tutrow, 23, has distinctive facial tattoos per court docs
Tutrow tells judge he is on medication and has been referred to counseling for "severe anxiety"
Feds: "He admitted entering the Capitol, remaining inside for approx. 30 minutes and seeing officers engage rioters with tear gas on one side of the Capitol"... then went around to enter on other side