At 11 a.m., Texas Three Percenter Guy Reffitt will be back in court for his final hearing before his trial begins next week. I'll have a detailed breakdown of what to expect later today and in tomorrow's newsletter. wusa9.com/article/news/n…
Judge Friedrich says there will be live feeds from the three voir dire rooms for Reffitt's trial beginning Monday. Media/public will be able to watch in an overflow courtroom. Media advisory coming out tomorrow.
Reffitt's attorney, William Welch, says he hasn't been able to get access to barbering services yet in the DC Jail. Judge Friedrich has assigned someone to try to get that resolved today.
First witness in the case is going to be former USCP Officer Shauni Kerkhoff, one of three officers who repelled Reffitt from the Capitol terrace on Jan. 6. Testimony expected to begin Tuesday afternoon.
Exhibits admitted into evidence are going to be released to the public at the end of each day, which will save them a lot of emails from us journalists asking for them.
Judge Friedrich now going over some of the questions she'll ask potential jurors. I'll have a lot more info for you about that later today.
Potential jurors will be asked about their familiarity with the assault on the Capitol, what they've read about it and Reffitt specifically, and whether they have followed the cases of any other defendants
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Coming up at 11:30 there's a sentencing hearing for Jeffrey Alexander Smith, of California/Colorado, before Judge Reggie Walton. The DOJ wants Smith to serve 5 months behind bars -- close to the max for the parading charge he pleaded guilty to.
The DOJ says Jeffrey Alexander Smith, a former sergeant in the U.S. Army, "quite literally led the charge" to breach the Rotunda doors.
Smith's attorneys, John Pierce & John Rice, say he accepts responsibility & has learned a "devastating" lesson. They're asking for probation.
Smith's attorneys argue the consequences he has already suffered from his arrest — damage to his child custody case and to his chances of qualifying for a commercial pilot's license — are punishment enough.
It's a common argument in #CapitolRiot cases with mixed success.
At 11 a.m., Matthew Miller, of Maryland, will appear before Judge Moss to plead guilty in his case. He was indicted on six felony charges, including assaulting police with a dangerous weapon (a fire extinguisher). wusa9.com/video/news/nat…#CapitolRiot
Miller is pleading guilty to count 2 (obstruction of an official proceeding) and a lesser included charge in count 3 (assaulting police w/o the dangerous weapon enhancement). His estimated offense level will be 22.
Miller tells Judge Moss he completed two years of community college before leaving to take a job.
Starting now we've got a status conference for three of the four Proud Boys leaders charged with conspiracy in the #CapitolRiot.
After a discovery update, Judge Kelly asks DOJ why Joe Biggs and Ethan Nordean haven't been moved to D.C. yet? Notes that he ordered the Marshals Service to transport them "forthwith" on Jan. 21. DOJ says their understanding is next transport from FL is end of the month.
Defense attorney Carmen Hernandez, who's now representing Zachary Rehl, says she hasn't been able to get confidential time with her client. She's still getting up to speed in the case after Rehl dumped Jonathon Moseley in December. wusa9.com/article/news/n…
Happening now: Motion to dismiss hearing for Kyle Fitzsimons, of Maine. Starts with Fitzsimons' attorney, Natasha Taylor-Smith, gently pointing out to Judge Contreras that he called her Natasha Taylor-Swift.
"It's a frequent occurrence," she says.
Taylor-Smith is arguing the same "official proceeding" case against the obstruction charge that has failed with other judges. At least six other judges on the D.C. District bench have already rejected it.
Here's a video of what Kyle Fitzsimons did on January 6.
At 11 a.m. today Nicole Prado, of Maryland, will appear before Judge Contreras for sentencing. The DOJ is asking for 14 days in jail and three years of probation. Defense says a year of probation is sufficient. wusa9.com/article/news/n…
In her sentencing memo, Prado says she was a Bernie-to-Trump voter whose political views moved to the right during the COVID-19 lockdowns.
Also references coming from a broken home and childhood neglect — not uncommon themes among #CapitolRiot defendants.
DOJ and defense disagree over whether Prado attempted to destroy evidence. AUSA Mona Furst says Prado removed pictures/videos from her phone and put them on a thumb drive. Defense says she eventually turned thumb drive over to DOJ.
Bradley Bennett apparently is still trying to hire a lawyer. Says he has one in mind he's hoping to bring on. Judge Boasberg is going to set another status hearing for him for two weeks out.
Elizabeth Williams is pleading guilty to one misdemeanor count of parading, demonstrating or picketing in a Capitol building. Her co-defendant, Bradley Bennett, is facing a felony charge of obstruction.