At 10 a.m. we've got a show cause hearing for two top D.C. Department of Corrections officials. Judge Lamberth wants to know why they've seemingly flouted his order. More background on this below. #CapitolRiot@wusa9@EricFlackTV
Alright this is getting started. We've got lots of D.C. city lawyers and D.C. Department of Corrections officials in court today to explain to Judge Lamberth why they didn't turn over documents he ordered them to re: Christopher Worrell's health situation.
Judge Lamberth is starting off by saying the D.C. DOC has "refused to cooperate" in making rooms available for virtual hearings. Calls that "unbelievably harmful to the court."
Judge Lamberth also says he's tried to compensate for this by having defendants brought to the court, but that a previous hearing had to be canceled once the defendant was in the court because of the "incompetence" of jail officials in not reporting a COVID-19 test.
A lawyer for the city says the D.C. Department of Corrections provided the requested documents to the U.S. Marshals Service yesterday afternoon (after Judge Lamberth threatened them with civil contempt).
Lawyer says the long turnaround time can be explained by the weekend and Columbus Day holiday.
Judge Lamberth says it's not just about these specific records. Says he has been trying to get information about an injury to Christopher Worrell's hand for more than a month and hasn't been able to.
An orthopedic specialist recommended Christopher Worrell have an operation to fix a break in his hand in June. Judge Lamberth says he doesn't understand why that hasn't happened yet. Eventually took action on September 18 by calling U.S. Marshals Service.
"How did these notes magically appear and why did they never get to [the U.S. Marshals]?" Judge Lamberth asks. "Where did they suddenly come from? I set a trial for the D.C. Department of Corrections and the warden and suddenly they appear."
City attorney says these notes will be part of the electronic medical medical going forward and "this will never happen again." Judge Lamberth isn't satisfied. Says the notes only appeared after he set the contempt trial.
City lawyer says D.C. DOC misunderstood or got mixed signals about the urgency of the need for Christopher Worrell to get this surgery. Judge Lamberth says he "really can't accept that explanation."
Christopher Worrell's lawyer, Alex Stavrou, says the wrist injury occurred on May 16. They believe if he had received proper care then, he may not ultimately have needed surgical intervention.
Stavrou also says that Worrell, who has non-Hodgkin's lymphoma, has been recommended for chemotherapy and radiation.
"There are grave concerns that if they’re going to treat something more serious in the same manner, this could be cruel and unusual punishment for my client."
WOW. Judge Royce Lamberth holds D.C. Jail Warden Wanda Patten and D.C. DOC Director Quincy Booth in civil contempt of court.
“It’s clear to the court they had given the back of the hand to the court," Lamberth says. #CapitolRiot@wusa9@EricFlackTV
Judge Royce Lamberth says he is referring the situation to the U.S. Attorney General's Office for a civil rights investigation.
“It’s clear to me the civil rights of the defendant were violated by the D.C. Department of Corrections," he says. #CapitolRiot@wusa9@EricFlackTV
Quite a few hearings here in the 10 a.m. hour. I'll be listening to a motion hearing for Guy Reffitt, the Texas Three Percenter accused of threatening to harm his family if they talked to authorities after the #CapitolRiot. @wusa9@EricFlackTV
Getting started in Judge Friedrich's courtroom. Guy Reffitt is being arraigned on the new superseding indictment against him. Also two motions to consider, including the government's motion to vacate Reffitt's November trial date.
There's also a motion from Guy Reffitt asking for a change of venue out of D.C. to Texas. Reffitt is arguing, as other #CapitolRiot defendants have, that D.C. is to prejudicial against conservatives/Trump supporters. Every judge who's heard this argument so far has rejected it.
Ok, now at 12:30, Three Percenter Alan Hostetter is set to ask Judge Lamberth to allow him to represent himself. Hostetter is under indictment on four counts, including felony counts of conspiracy and obstruction of an official proceeding. More: wusa9.com/article/news/n…
Worth pointing out that earlier this week, another #CapitolRiot defendant, Brandon Fellows, attempted to represent himself in court and wound up admitting to two new felonies. wusa9.com/article/news/n…
Judge Lamberth tells Alan Hostetter that in 2020 he had two defendants represent themselves pro se. Both of them were convicted at trial and were sentenced to decades in prison. Another defendant who tried to represent themselves broke down when a friend was called as a witness.
OK, we're getting started in Judge Mehta's virtual courtroom with a status hearing for 16 Oath Keepers. Four of their co-defendants have already taken pleas. Mehta is still considering a motion to dismiss the obstruction charge they all face. #CapitolRiot@wusa9@EricFlackTV
Here's my story from last month about the Oath Keepers' arguments as to why their obstruction charge, the most serious felony they face, should be tossed. wusa9.com/article/news/n…
Judge Mehta is pushing the DOJ on where they're at in discovery: "5%? 10%? 50%?" DOJ attorney says she can't say.
Getting started this morning with a plea hearing for Brian McCreary, of Massachusetts (red arrow below) before Chief Judge Beryl Howell. He's under indictment on 5 counts, including a felony count of obstruction. #CapitolRiot@wusa9@EricFlackTV
Brian McCreary will be pleading guilty to one Class "A" misdemeanor count of entering or remaining in a restricted building or grounds. As @ZoeTillman points out: He's the latest #CapitolRiot defendant indicted on a felony count who is pleading to a misdemeanor only.
Chief Judge Howell is going over the statement of offense now for Brian McCreary.
"You followed the mob? You followed the people being destructive?" Howell asks.
Final #CapitolRiot hearing of the day is for Thomas Gallagher, of New Hampshire. He's being sentenced on one count of parading in a Capitol building. The DOJ is requesting 1 month of home confinement + 6- hours of community service. storage.courtlistener.com/recap/gov.usco…#CapitolRiot@wusa9
The audio quality is pretty bad on this one. DOJ is difficult to understand. Judge Nichols says "everyone" (i.e. DOJ, probation and defense) recommended he impose a non-jail sentence.
Thomas Gallagher is one of 6 co-defendants who were among the few actually arrested inside the Capitol on January 6. But the DOJ says his actions were on "the lower end of the spectrum." Also notes he worked for the DoD for 32 years before retiring. #CapitolRiot
NEW(ish): Yesterday, after her co-defendant was sentenced, the DOJ filed a motion asking for the hearing for Jenny Cudd today at 2 p.m. to be converted to a plea hearing. Here's yesterday's reporting on the sentencing for Eliel Rosa. wusa9.com/article/news/n…#CapitolRiot@wusa9
Jenny Cudd, a Texas florist, had previously tried to get her case moved out of D.C. by arguing that the city's residents hate conservatives too much to give her a fair trial. Federal judges have, to date, not been receptive to that argument. wusa9.com/article/news/n…#CapitolRiot
OK, we are getting started with the plea hearing for Jenny Cudd in Judge McFadden's courtroom. This will be a misdemeanor-only plea. She's represented by @MarinaMedvin, and the AUSA in the case is Amanda Fretto. #CapitolRiot@wusa9@EricFlackTV