Good morning. Today we start off at 10 a.m. with a sentencing hearing for Eliel Rosa, of Midland, TX. Rosa pleaded guilty to entering the Capitol w/ his friend,
Jenny Cudd. The DOJ is asking for him to serve 1 month of home confinement. @wusa9 @EricFlackTV #CapitolRiot
Getting started with the hearing for Eliel Rosa. He's represented by public defender Michelle Peterson. She is arguing for him to serve probation only, saying he is "saddened and embarrassed" about what happen on January 6. Docs:… @wusa9 @EricFlackTV
DOJ: "Every single person at the Capitol contributed to the chaos of that day." Says probation-only risks "undervaluing" the seriousness of what happened on January 6.
DOJ says Eliel Rosa went to his hotel after the "Stop the Steal" rally, but then decided to go back to the Capitol after he learned then-VP Mike Pence wasn't going to try to overturn the election.
DOJ says Rosa entered the Capitol ~2 minutes after the doors were breached and then stayed inside for 20 minutes. He would have seen "clear signs of forced entry." Broken glass. Tear gas. Etc.
DOJ: "On January 6, Mr. Rosa stormed the Capitol. But on January 9, he made the decision to walk into a local FBI office and take responsibility for his actions."
Judge McFadden asks AUSA Amanda Fretto if she has ever before recommended a sentence of home confinement for a non-violent misdemeanor defendant with no criminal history. Fretto says she thinks she has recommended similar sentences.
Judge McFadden: "What do you think home confinement accomplishes here?"

AUSA says home detention deters future illegal conduct.

McFadden: "In the next month? I guess I just don't see how home detention does much as a deterrence."
Peterson: "There may be people who don't really feel the remorse they are expressing, but Mr. Rosa isn't one of them."
Peterson says Rosa is in an unusual situation because he's an immigrant and under asylum in the U.S.

Judge McFadden: "You're not considering I should be more lenient because he's an immigrant?"

Peterson: "No, your honor." Says he should consider the immigration consequences.
Eliel Rosa is speaking now. Thanks taxpayers for allowing him to have legal counsel. Says he stands in court considering James Madison's "If men were angels" quote.
Judge McFadden: "Sir, you participated in a shameful event – a national embarrassment that made us all feel less safe."

"Your actions are even more surprising given your clear knowledge of our nation's founding ideals."
McFadden: "How anyone who teaches history classes and civics classes could march into the U.S. Capitol" and do what Rosa did is "appalling."
McFadden says Rosa's actions are even more shocking on January 6 because he's not even a U.S. citizen (he's here on asylum).

But, McFadden says, he also thinks January 6 was an "aberration" in Rosa's life.
McFadden also says he's never heard of someone turning themselves in for a crime before they were even a suspect.
SENTENCE: Judge Trevor McFadden sentences Eliel Rosa to 12 months of probation + $500 in restitution and a $10 special assessment. Rosa must also complete 100 hours of community service. #CapitolRiot @wusa9 @EricFlackTV

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More from @JordanOnRecord

12 Oct
Ok, I'm dialed in now. Brandon Fellows was sent back to jail after getting pretrial release for... a number of reasons. But now he's representing himself and trying to get his bond status reconsidered. #CapitolRiot @wusa9
I missed the first half of this argument, but both DOJ and Cara Halverson, who is now Brandon Fellows' backup counsel, are going over what happens if Fellows, who is now representing himself, incriminates himself while talking in court.
Judge McFadden is now warning Fellows that if he testifies he opens himself up to perjury or obstruction of justice charges and, most likely, will still end up going back to the D.C. Jail.
Read 56 tweets
12 Oct
Up next, at 2 p.m. there's a sentencing hearing for Dona Bissey, of Indiana. As my colleagues at @WTHRcom reported, the DOJ is requesting she be sentenced to three years of probation like her friend, Anna Morgan-Lloyd.… #CapitolRiot @wusa9
The sentencing hearing for Dona Bissey is starting now before U.S. District Judge Tanya S. Chutkan.
"Actions have consequences. Joining in a riot has consequences," the DOJ says. "If you don't want to suffer consequences to your small business, don't join in a riot at the Capitol and then post on social media that it was the 'best f'ing day ever.'"
Read 17 tweets
8 Oct
At 10 a.m. Robert Reeder will be back in court for his second try at sentencing. After @SeditionHunters surfaced new video of him, the DOJ is now asking he serve the maximum of 6 months behind bars.… #CapitolRiot @wusa9 @EricFlackTV
Robert Reeder's attorney has tried to portray him as an "accidental tourist," not even that into Trump, who just wound up at the Capitol on a lark.

DOJ says his social media tells a different story about an avid believer in the Big Lie. #CapitolRiot @wusa9 @EricFlackTV ImageImage
"This time the conservatives will stand their ground and the radicals will die," Robert Reeder wrote on a December 3 post. Image
Read 56 tweets
7 Oct
Alright, up next at 2 p.m. there's a plea hearing for James Bonet, of New York. He was indicted on six counts in connection w/ the #CapitolRiot, including the felony obstruction count that carries a maximum of 20 years in prison. @wusa9 @EricFlackTV
The way Judge Sullivan asks defendants why they are pleading guilty inevitably confuses them. Has happened multiple times now in these hearings.
James Bonet will be pleading guilty to one count of entering and remaining in a restricted building or grounds, which carries a maximum sentence of 1 year in prison. He's avoiding the felony obstruction charge against him with this deal. #CapitolRiot @wusa9 @EricFlackTV
Read 7 tweets
7 Oct
Lot of back-and-forth going on now in the hearing for Marine Major Christopher Warnagiris about whether surveillance video from inside the U.S. Capitol on January 6 should be designated "highly sensitive." #CapitolRiot
Warnagiris' attorney, @MarinaMedvin, suggests the government has been selectively releasing videos from January 6 when it's convenient to them, whereas defense attorneys have to jump through hoops.
Judge Friedman: "There's a reason why every camera in the Capitol, the contents of those cameras and where they're located, should not be shown to the world."
Read 7 tweets
6 Oct
Finally for the day we have a hearing for white supremacist Timothy Hale-Cusanelli. The government would like to postpone his trial while they continue gathering evidence. He opposes that. It's scheduled at the moment to begin on 11/9.… #CapitolRiot @wusa9
Timothy Hale-Cusanelli's hearing is before U.S. District Judge Trevor McFadden.…
Judge McFadden is talking about all of the ongoing COVID-9 issues and restrictions with holding jury trials. Says the D.C. District Court is currently only picking juries on Mondays and Wednesdays right now.
Read 25 tweets

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