Hello from Judge Dabney Friedrich's vitual courtroom this morning, where Jan. 6 defendant Edward McAlanis is appearing for sentencing after pleading to the parading misdemeanor. Govt wants 3 years probation + 60* days home detention, McAlanis is seeking probation alone
*Deleted previous tweet that had a typo re: amount of home detention govt is seeking (it's 60 days, not 6), restarting this thread
Friedrich asks about cases where the govt rec'd straight probation. AUSA notes McAlanis arrived at the Capitol in the morning and unlike most defs who arrived later, had a chance to see it was a restricted area not open to the public, watched "evolution" of overtaking by mob
McAlanis' lawyer focuses on the minimal role he played, McAlanis tells the judge that he's sorry and understands going inside the Capitol was wrong, but says while he was there he tried to "neutralize" the situation around him
Friedrich is going right into announcing the sentence, she begins by saying she consider McAlanis one of the "least culpable" defendants in connection with Jan. 6
Friedrich sentences McAlanis to 2 years probation and 60 hours community service (plus $500 restitution he agreed to pay in his plea deal), saying she considers him similar to some other defendants she's previously sentenced where she didn't think home detention was necessary
And that's a wrap on that one
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Oath Keepers leader Stewart Rhodes is due in court (virtually) in an hour to try again at getting out of jail pending trial.
Meanwhile, Jonathan Walden, whose case was spun off when the sedition indictment came down, is in plea talks, per recent filing: s3.documentcloud.org/documents/2121…
Hello from Judge Amit Mehta's virtual courtroom, where a detention challenge hearing in the seditious conspiracy case against Oath Keepers leader Stewart Rhodes is about to get underway.
A Capitol Rioter Paid $109.95 To Do His Community Service Hours Online
A deep dive into how some people who pleaded guilty to joining the Jan. 6 insurrection are completing their court-ordered community service: buzzfeednews.com/article/zoetil…
Edward Hemenway, sentenced to 45 days in jail + 60 hours of community service, submitted a letter of completion from Logan Social Services, an org that advertises as the "online solution to your community service needs" and charges fees based on hours buzzfeednews.com/article/zoetil…
Lots of nonprofits offer virtual volunteering, esp. during covid, but a number of court systems warn that they don't accept online programs for court-ordered community service. A few specifically bar the program Hemenway used, Logan Social Services. buzzfeednews.com/article/zoetil…
Hello from Chief Judge Beryl Howell's virtual courtroom, where a plea hearing is getting started for Jan. 6 defendant Greg Rubenacker. He's set to become the third person to plead guilty without any agreement with the government. Previously:
Here's the info to dial in to listen to Rubenacker's hearing, plus court rules: dcd.uscourts.gov/covid-19-emerg…
Toll Free Number: 888-557-8511
Access Code: 3318202
Per defense filing, a sticking point in plea negotiations was over sentencing guidelines calculations — Rubenacker didn't want to accept the govt adding points for causing/threatening injury or property damage to obstruct admin of justice s3.documentcloud.org/documents/2120…
The first Jan. 6 trial is set for Feb. 28 — Guy Reffitt of Texas is accused of bringing a gun to the Capitol, and making it up steps outside before police turned him back.
Before diving in to last night's doc, a refresher on Reffitt's case and how his trial has taken shape: buzzfeednews.com/article/zoetil…
Prosecutors say they expect to call 13 witnesses:
- Four US Capitol Police witnesses, three of whom will testify they interacted w/ Reffitt. The govt has alleged that initial rounds of pepperballs, projectiles, and chemical spray didn't deter him from trying to get to the Capitol
Jan. 6 defendant Greg Rubenacker filed notice that plea negotiations with the govt fell through, and he intends to plead guilty to the full *10-count* indictment against him, which includes three felony charges s3.documentcloud.org/documents/2119…
Rubenacker's lawyer explains to the judge that the sticking points were: 1) not wanting to give up the right to contest the govt's calculation of his sentencing guidelines range 2) contending the govt should drop the obstruction count because they did so in another case
For more on why the obstruction charge is a big deal in the Jan. 6 cases and how judges so far are rebuffing legal challenges to its use: buzzfeednews.com/article/zoetil…
Hello from Judge Rudolph Contreras' virtual courtroom, where Jan. 6 defendant Nicole Prado is appearing for sentencing. Govt wants 14 days, highlighting evidence of her awareness of mob activity around her, how far she made it into the Capitol; she's seeking probation
Govt acknowledges in a footnote that Contreras has previously said he's not inclined to order jail for nonviolent Jan. 6 defendants during the pandemic, but they're still going to argue for it because they think it's warranted
AUSA is making the govt's standard argument for why misdemeanor cases like Prado's are so serious, telling the judge that the entirety of the mob gave cover to the people who committed violence and destroyed property