Thread by @Brandi_Buchman

It is Day 58 of the Proud Boys seditious conspiracy trial and Dominic Pezzola, is expected to come under cross examination today once direct is finished. We are edging very close to the end of proceedings. I hope you join me for live coverage for @emptywheel at 9:15AM ET.

A couple of notes to start us out, since folks were asking: I am calling this Day 58 because I am not counting a day when only the parties met to hash out motions without jurors present. I wasn't there that day, so for consistency of my trial coverage, today is 58 for me. 🙂

I am also working on a big write up for emptywheel that will take you more comprehensively through the testimony of Proud Boys Zachary Rehl and Dominic Pezzola. And whether we get to closing arguments today or not (I doubt it, I suspect Friday or Monday maybe), I want to...

...incorporate that information in a way that shows the bigger picture here. All of this to say, story coming out soon and thanks for your patience on that front.

And if you're thinking, Brandi! I saw that pic in your thread yesterday. You're right. I'm showing you again because I want you to see and understand how far rioters went to get inside the Capitol WHILE police were attempting to stop them.

And away we go.

Judge Kelly begins: The parties have put a number of different issues on the agenda to try and tick through. I agree w/govt that for the most part, I'll take them up on the other side of trying to complete testimony and use jury's time efficiently as we can. (They're in @ 10)

Kelly: One outstanding issue sent around on email was issue of Fisher and impact on jury instructions, so I'll lay out oral ruling now....

The oral ruling is very complex and cites case law that I would hate to get wrong here attempting to transcribe quickly. So, I'll summarize the larger points he's making...

In a nutshell, Kelly is providing his ruling on how "corruptly" will be asserted by way of the 1512C2 charge (obstruction of a proceeding) in this case and it does not seem, at this pt in the oral ruling, that he will adopt the same definition of corruptly that was used...

...in another DC circuit case by Judge Walker. Walker said corruptly must mean that a person receives an unlawful benefit for themselves or another.

Nordean and Rehl would have Kelly dismiss the 1512c2 charge through a narrow reading of Walker's opinion but...

Kelly says now, he will deny these requests.

Now we are going under seal, Kelly says. so the courtroom will be closed to the public and press. No idea for how long.

And he says, "if we can do what we need to do to close any feed from the courtroom to anywhere else, that would be appropriate"

400 days ago -- I'm sorry -- last week, when the courtroom was meant to be sealed, it wasn't. Then the next day, for reasons that seemed wildly punitive and were never made clear, Kelly had the media room locked for nearly an entire trial day.

It was reopened at the last hour or so of proceedings. And the media room has since remained open.
But the feed is presently cut.

Once it is unsealed, I will resume live-tweeting.

We should be back underway shortly.

Judge Kelly begins, the jury is not yet back in the room. He asks one of the defense counsel to wrangle those other defense attorneys who are missing from the room. They are trickling in now...

Dominic Pezzola is back on the witness stand once more. He is in a gray suit, blue button-down, and dark tie and before the jury enters, he is in his now familiar position to me: hands in pockets, gently rocking on his feet here and there.

Jury is in.
Kelly tells them: we do expect closing arguments to begin as soon as tomorrow.
Steven Metcalf, Pezzola's attorney, begins.

Met: Before you hired me did you meet with FBI
Pezzola: A couple of times. I met with them in March, I believe, 2021, shortly after I was first arrested and incarcerated. I'm not sure how you want me to -
Metcalf: How many times did you meet with them?
Pezz: twice
Explain 1st.

Pezzola: They asked me to tell them everything I knew. I did. I wasn't in org for longer than a month. My knowledge was very minimal at best.
Were you 100% truthful at that mtg?
Pezz: I was
What happened between 1st and 2nd mtg?

Pezzola: During 1st mtg, I would say, I felt I was being led to believe that the FBI thought I was holding back and not telling them everything. I basically felt like, my conditions at the jail wouldn't improve unless I gave them more.

Pezzola: The conditions were really bad...
Metcalf: Before you explain, did you lie to FBI at 2nd mtg?
Pezz: Yes, i told them a story I wasn't supposed to
Met: And that involved other PBs?
Pezz: It did, it did.

Pezzola: The story was, if you recollect from videos we've seen, when Biggs was near Peace Circle area, a man in red hat came up, put his arm around him. The story being circulated at the time was that Biggs had a gun on him and threatened other men to attack front gate...

Pezz: That was a total fabrication.
Metcalf: Why did you lie to FBI?
Pezz: The situation in DC jail are dire to say the least. Its referred to as a DC gulag; solitary confinement, 23 hours a day in a cell, nothing but my thoughts and a bible, we got out for an hour a day...

Pezzola: in that one hour, you could make a phone call, take a shower, get some hman interaction, maybe heat up some food. On top of that, the moment I was placed in DC jail, I'll give you background on my medical issues..

Pezz cont: I was injured in early 30s, spine was crushed. titanium rods are in my back to stabilize it. My doctor put me on cymbalta, its a mood stabilizer but also doubles as pain medication. Also on medication called pantomezol (sp) for erosion of esophagus.

Pezzola says without the pill for esophagus, you can get cancer.
Pezz: Without the cymbalta, your dizzy, nauseous, brain zaps, and from what I've heard you can have a stroke. I was in bad shape, I was cut off my acid reflux medicine. It was constantly burning, i couldn't eat...

Metcalf: What about your foot?
I went into incarceration for injury in my foot, bone spurs or something, surgery needed to happen or I'd have permanent damage. That was ignored too, now I have perm. damage in my foot.

Metcalf: Did they get your medicine?
Pezzola: let me finish about these conditions.. i wasn't able to shave or have a haircut for a year. covid restrictions meant no attorneys were coming in
Objection. Move to strike last two sentences. Sustained.

After 1st mtg with FBI, get medication?
I did
Get cortisone shots then?
Not the first, after 2nd time
After that, did there come a 3rd meeting where you you feel pressured to lie
Objection leading sustained

Did their come a third meeting?
Pezzola: The third meeting, I had been, after the 2nd mtg when I told them that story, I was transferred to a place that was a lot better. We weren't locked down 23 hours a day, got to go outside. I'm allergic to soy, so getting real food...

Pezzola cont: ...instead of strict soy diet from commissary...I was starving...
Objection, move to strike last sentence.
Sustained.
Kelly: What happened at the mtg
Pezzola: I'm trying to explain what happened at that meeting... we gotta go back...

Now we have a sidebar, husher on.

Sidebar over, husher off.
Metcalf: What happened after 2nd mtg that you believe led to 3rd meeting
Objection.
Metcalf: We have to go straight to it, what happened at 3rd mtg
Pezz: FBI asked if i was still interested in cooperating and taking plea, i said absolutely not

Metcalf: What about your lie?
Pezzola: I retracted it, it never happened, I said that to get out of the situation.
Why lie?
The treatment and conditions at jail were akin to being tortured, pezzola testifies.

Pezzola: I had a conversation with one of the COs and I asked him -
Objection, non-responsive and relevance.
Sustained as to narrative answer.

Metcalf: Did you feel these conditions were - you feel you were under these conditions for some sort of way, have an impact on decision to take a plea or not?
Pezzola isn't following.
Metcalf: How about this, did the situation get better after you told the lie?

Pezzola: it improved drastically yes. i was moved to a new facility, able to go outside, see my family for visits who i hadn't seen for a very long time. i was getting healthy food that i wasn't allergic to. it wasn't making me sick. i had no prob getting meds...

Metcalf: I was only with you for 3rd mtg?
Correct
If Officer Ode was here right now what would you say to him?
Objection. Sustained.

Metcalf: Do you feel that - is there anything else you want this jury to know about?
Objection, calls for narrative. Sustained.
If you could pay for that window, would you pay for that window?
Objection. Sustained.
Metcalf: i have nothing further

That ends the direct examination of Dominic Pezzola.
Now Carmen Hernandez, for Zachary Rehl, to direct:
Hernan: yesterday you mentioned at some pt after 1/6, you went to suburbs of Philly, did you or not go to Philly to meet with Rehl?

Pezzola: No, i never actually went to Philly, we were in suburbs outside of it. I had no idea who Mr. Rehl was
Hernandez asks if any of the radios he had on him ever connected to Rehl
Pezzola starts to say what he thinks Matthew Greene did to program but it's objected to ...

And sustained for hearsay.
Hernandez reframes it: You had access to the radio?
Myself, Matthew Greene, Aruthur, Wiliam Pepe
Did Rehl have access to that frequency?
We were on our own channel

Now Norm Pattis for Joe Biggs is up to direct. He has questions about the lie Pezzola told to FBI.
Pezzola: I told them, the story I came to hear, was Mr. Biggs had a gun at Peace Circle and when an individual with a red hat came up and put an arm around Biggs' shoulder...

Pezzola cont:... that Biggs threatened him with a gun and told him he needed to prove his manhood to attack the front gate...

Ryan Samsel was locked up next me, Pezzola testifies and says: he is the one who told him that story about Biggs having a gun
Pattis: Did Biggs possess a weapon on 1/6?
Pezzola: No he didn't
Pattis: Why tell such a lie then?

Pezzola: I was in a dire situation, desperate to make my conditions improve
Have you told the truth here today about Mr Bggs?
I have.
Shading anything in expectation of gain?
No.

Kelly now gives instruction to jury: no party contends there was a gun possessed by Biggs or any other defendant on 1/6. Pezzola's stmt is for credibility only.

There's a brief sidebar with husher on and off in about a minute or two. Then Kelly tells the jury we will get into cross-examination.

This cross is going to be interesting. Pezzola has so far, like it or not, come off mostly empathetic even if he did invoke J6 conspiracy theory about Ray Epps.

It didn't take much to get under Rehl's skin and he seemed fit to be tied without much prodding at all. His frustration with Kenerson was palpable. How will Pezzola fare?

And we're back.

AUSA Erik Kenerson will conduct the cross-examination of Dominic Pezzola, pictured here on ground in jeans, dark jacket and gloves appearing to grab a police riot shield.

https://twitter.com/JordanOnRecord/status/1649068058533675013?s=20

Before jury comes in, Kenerson says he plans to show video at some pt that shows the aftermath of Jeremy Bertino's stabbing; Pezzola's Parler returns are included, Kenerson say he interacts with a # of the defendants...

The jury enters and Pezzola stands as they pass. He gives a polite smile and nod. He takes his seat in the witness box and we begin.

AUSA Kenerson: Good morning Mr. Pezzola
Pezzola: Good morning Mr. Kenerson
You were in Marine Corps?
Correct
How long?
6yrs
When did you leave?
I believe i was discharged in 2004

Ken; your time in marines shaped your character going forward?
Pezzola: a strong part of it yes
Large part in turning you into man you are today?
Not always, my grandfather was responsible...
Marines played a part?
A part.

Marines teach you loyalty? Correct?
Pezzola: uh, always faithful is the slogan, so i guess that's fair to say
Ken: one thing they taught you was commitment?
To the country, to the corps
Taught you honor?
Yes
To be a leader?
How to lead and follow

Chain of command was iiimportant in Marines?
Yes
You were in infantry?
I was
Out in field, you'd have to adapt to changing situation on ground
Yes
Even if you couldn't get a hold of higher ups in field?
Pezzola sighs a bit: every marine is taught to be able to function..

Pezzola: if the person in charge isn't [available]
You still have to know how to adopt and change and accomplish goal?
Yes, Pezzola says, whatever senior official is in command in group

Ken: After you left the military, you were someone dedicated to accomplishing goals set out for yourself?
Pezzola: my dedication was pretty much solely to my family and business

Part of being successful business man is making sure you honor your commitments?
I don't know any successful businessmen who won't

You were committed to finish a job you said you'd do.
pezzola affirms.

Your time in military ended in 2004?
I believe so yes, it's been over 20 years so, its a little foggy
Ken: in between leaving marine corps and jan 6 you, you never served in law enforcement
Pezz: No, part of reason i joined USMC was because i wanted to be a LEO...

But he was never a police officer in Rochester?
No, Pezzola says
You worked part of that time, after marine corp, working as an electrician?
yes
and flooring biz?
yes

Pezzola says he worked a couple security jobs for side money.
Never sent overseas to guard an embassy?
No, i was severely injured
You testified you never 'got to go to war'
Pezz: I don't know if those were my words

You were never asked to guard a bldg after a protest?
Pezzola: sort of, after 9/11 he was asked to guard a base.

Kenerson elicits he was counseled 9x for not going to drills in Marines.

And you never had training in law enforcement tactics?
Pezzola says he can explain the 9x he didn't go to drills. Kenerson says, he's asking him about LEO training.
I said no, Pezzola says

Kenerson elicits that Pezzola had "some" military police training, but not outside of that.
Pezz: Platoon leaders would hand out literature, have small tutorial, small lecture, heads up on what might be expected of us... other than basic foundation, wasn't too in-depth

This goes towards the testimony he gave yesterday extensively about his knowledge around police use of force in crowd/riot control

It's not really something you can train for, but its something you can be taught on basics
So, like a classroom, but no actual experience?
Pezzola: Yeah, more like in-field school circle

Kenerson elicits, whatever training he did get on this, he didn't get any time after he left Marines.
You would agree with me it's not honorable to lie about something that somebody didn't do?
Pezzola affirms.

When you spoke to FBI, you had legal representation. You were incarcerated, you had a chance to challenge that?
He did have a chance, and he did challenge.
You were held at CTF of DC DOC - a separate building from DC jail.
Pezz: they're connected somehow, I'm not sure

You met with FBI in march 2021?
Timeline is hazy for me
Within a couple mos of Jan 6?
Correct

You testified on direct you were moved to a new facility
Correct
It was almost a year, he says, before he was moved tot hat new facility.
Kenerson now going month to month - but you believe you were moved because of lie you told to Biggs?

Pezzola: I believe I was moved because the govt believed I was still going to cooperate
Kenerson: So it didn't have anything to do with biggs
Pezzola: It did, the whole cooperation structure was based on that lie

K: So you believed that the govt still wanted to tell you lie about Biggs
Pezzola: I believe due to evidence they reviewed, they knew it wasn't true but were still interested in hearing more about it.

Kenerson: Thats your testimony. You're under oath today and took it to tell truth and nothing but the truth?
Sure did.

Youre aware FBI sometimes uses the information they gather from interviews, correct?
Pezzola: I'm aware the FBI often lies to ppl to get what they want
Kenerson asks same question
Pezz: The answer I gave you is all I know

So you're refusing to answer the quest --crosstalk
I'm not refusing, Pezzola, crosstalk
Metcalf objects
Kenerson asks it again.
P: I'm not aware, I'm not an FBI agent, I don't know how any of it works. This is my first time being involved with law enforcement 43 yrs of my life

Pezzola answers question, I diidn't hear, but his answer I did: "My thought was, was there was an investigation going on into the events of Jan. 6, of course"

K: When you met w/ FBI 2nd time, you thought, according to you, you had to tell them something to get yourself out of situation you were in?
Pezz: Correct but i also felt i was being led to believe these men were creating a story about me too that would throw me under bus as well

You thought you had to tell FBI something to get out of your situation?
That's what I testified to yes, Pezzola says
And you were aware whatever info you may use, FBI might use it to decide whether to arrest someone?
P: I have no idea how FBI uses their information

And what you decided to do when you talked to FBI was tell information you knew to be false?
Yes i said i did
You said, at Peace Circle, saw a group of PBs harassing young black boy in a BLM shirt
It wasn't a black boy, it was a white boy wearing BLM shirt, I don't remember

You had not in fact seen that happening at all?
No iw asnt even there
You said you saw ryan samsel come up and defend that boy?
Believe so
Didnt in fact see that?
Wasn't there.

You said you saw Biggs push Ryan Samsel?
Thtas what I said, all part of story I was being fed
You said you saw Biggs lift up his shirt and show his pistol?
Yes
You said it was 9MM baretta?
Yes

You said you escorted the boy away?
If that's what I said, sure
You said Biggs accused Samsel of being antifa?
I believe so, yeah
You said Biggs told Samsel if he wasn't antifa, he should prove it by pushing down police barricades?

I may have said something along those lines, Pezzola says, its been so long...
You were provided copies of your stmts? Kenerson asks
Just recently, didn't get change to go over them.

Kenerson: None of what we just went over happened?
I wasn't there, Pezzola says. (This is a notable choice of phrase - "i wasn't there" is not the same as "i lied")

A corrections officer told him, he says, that his conditions at jail would depend on his cooperation

No FBI agent told you that would improve your conditions?
No but I can explain that thought -
No FBI agents -
I told you no, but I asked when cruel and unusual punishment was going to stop and he said when the FBI says so.
Whats his officer's name?
Corporal Hayes

Pezzola says Corporal Hayes beat Ryan Samsel. He says Samsel looked like his face went through a windshield.
Kenerson: but you didn't see that happen?
Pezzola says he didn't but saw Samsel's face

You falsely incriminated someone else?
Pezzola; Someone else?
You incriminated Mr. Biggs?... moves fast here, but ends with Pezz saying: I already said that

You feel bad about having done that?
Pezzola: Of course I do
Ken: you smashed window of capitol bldg with stolen capitol riot shield?
Objection, calls for legal conclusion

Kenerson: you smashed the window of the capitol with a capitol police riot shield?
Pezz: yes, i admitted i had, and i always said it was 1 pane and under $1k and its a misdemeanor.
You're very interested in that $1k?
Of course I am, i don't want to be blamed for a felony

We'll get to that, Kenerson says
That photo got a lot of attention?
Not by my doing
You went on the run after 1/6?
I needed to buy time yes

Metcalf starts coughing as he objects; everyone laughs a bit, including Metcalf. Pattis: new objection judge, 911.
(He's fine now)

After 1/6, Tarrio told you not to state you're with PBs?
Pezzola: I believe he msged Bertino

A VM played in court was a msg from Tarrio to bertino, to be relayed to him, not direct to him.

You weren't a chapter leader? No.
Not on MOSD zoom we saw in court?
No, first time I seen it was here in court.
You said you didn't meet many of your co-defendants until you met them at court?
Pezzola says yes, he met Tarrio, in passing (paraphrasing)

Pezzola says he met Mohammad Ali when he was in HS, so he "met" Ali in the same way he "met" Tarrio prior to trial.
Kenerson: At 1 pt, you thought Tarrio was a kind of celerity, correct?
Of course.

You said you were testifying to prove there was no conspiracy?
No, to show there is no conspiracy between me and my co-defendants because I didn't even know them, Pezzola says

Your phone was taken because Romy and (inaudible) took your phone because you were a leader?
I haven't read those stmts in over 2 years, going off best of my recollection

The politics of what was going on in 2020 is part of what made you want to join the PBs?
Fair to say, Pezzola testifies.
Not just politics but what you perceived was happening to the country writ large?

By 2020 election, not a PB at that pt?
No
But you learned there would be a rally in Nov?
I learned that directly from President Trump's comments

When he came down to DC alone in Nov, he wasn't a proud boy. But he wanted to be one, he affirms to Kenerson.
Once here, het met several PBs and put in touch with NY chapter, he affirms.

You do your vetting meetings?
Yep, i did
And after that you went to mtgs in Hudson Valley?
It was supposed to be a protest but it was lame, nothing happened
That's like a 3 hour drive?
More like 5

Brody went? Reaper went?
Yes, I believe so.
And you met some of the PBs from Hudson Valley chapter?
Pezz: Yes, we had 1st degree ceremony at a local bar there
Pepe was there?
Murks was there? A guy II later learned was..
Patriot? He's fuzzy on this but believes so.

Kenerson I believe asked if "Hooks" was there and Pezzola says he thinks so more or less;
You were contacted shortly after by someone named Brian from Ny and invited to rally in buffalo.
He got into a fight at that rally?
I did, Pezzola says.

And all of this is after the Nov 14 rally?
P: I believe so
Kenerson; You weren't a PB then right?
Pezzola: Yeah its just the timeframe I wasn't. sure

K: Between Nov and Dec rallies in DC - you met Proud Boys? Affirms.
You were second degree by time of Dec rally?
No, I was first degree
When you'd get your second?
After December, I remember cus it was with the NY Rochester chapter, that's why I don't think I met them beforehand.

You said degrees went by seniority?
I believe it was more just status symbol of how long you'd been around
Ken: when you spoke to FBI 1st time around, you said 4th degree was combat?
Pezzola: Thats what I perceived it to be, but I've since learned there are other ways

Kenerson: Fair to say as well, in between when you joined PBs in 2020 and when you met with FBI in 2021, you thought it was combat in that time period as well?
Pezzola asks him to clarify. Kenerson does.

Pezzola: i had heard stories of ppl getting 4th degree thru other measures, but most people seemed to get it through an altercation with antifa
K: And that's what you understood in Nov 2020 to Jan 2021?
Pezz: I assumed it was probably the most common way it was achieved

Ken: you wanted to impress nat'l leadership
Pezzola laughs: no i didn't
Ken: you followed Mr. Tarrio on Parler?
Pezzola testifies briefly, and then Pattis asks for a brief word with Kenerson. Kelly allows it.
You follow Biggs on Parler?

Pezzola: Much later, only reason I ended up following other guys is if other guys would post something from Tarrio and I thought it was cool, 'oh hey check this out'

Kenerson pulls up exhibit of a Parler log fom Nov 28 when Tarrio posted a photo of PBs "Band of brothers. brotherhood of the banned"
Pezzola responded: "uhuru"
He was a big fan of Band of Bros series, so he thought this was cool, he testifies

On Nov 28 when Tarrio said he was going to have an AMA session at 35k feet, ask anything.
Pezz: don't have anything to as, ill be picking u first degree and i couldn't be prouder to stand with you in dc. uhuru boss!!

You said when you came to DC on 12/12, you tried to get best speech in house (to be close to tarrio where he was giving speech)?
Pezzola: I always try to get best seat in house.

When he came back to DC in Dec, did he mug for the cameras?
No, Pezzola laughs again, this time a bit more heartily, and says no, he did not mug for the cameras.

The thread broke. Trying to rethread now.

Wow, I dont know what happened today, the thread got really wacky. I'm going to reorganize it here, piecemeal.

Starting here, with photo shown to jurors:
*Kenerson brings up this photo:
k: You said you weren't someone who shies away from the camera?
pezzola: That's correct, This rally was large upwards of 1k people? Pezzola: That's right

*K: You marched up front with Nordean and Tarrio? P: Yeah, I was a first degree here, you typically might not, but there was a man in our chapter, Mountain, 6'5, 300lbs and grabbed me and told me he wanted me up front and that's where I stood

*Kenerson: For this pic? P: Not for it, just where I was when it was taken. Pezzola said this is how he normally stands, he was looking up in sky because there was a helicopter and several PBs in scene here were looking up

*Even as relatively new member it was apparent to you who was in charge?
P: I wouldn't say apparent. Every chapter is autonomous, there is no structure...
Kenerson: But at Dec rally you perceived Tarrio as being 1 of ppl in charge

*I always consider him to be a leader.
You considered Rufio (Nordean) to be in charge?
At this time, I had no idea who he was.
You recognize Mr. Biggs?
Pattis: objection, foundation, compound. Overruled.
I had no idea who Biggs was or his role.

*You told FBI in Feb 2021 that Biggs was one of the ppl in charge of Dec rally?
I don't believe I did, Pezzola says

*You told the FBI Rufio (Nordean) was 1 of ppl in charge of this (dec) rally?
Pezzola: You're misconstruing, I didn't know any of these people, in retrospect, saying they were in charge

*You were also saying Jeremy Bertino was a leader of this rally (in dec)
P: Yeah, i believe i did, he says, adding Bertino is hard to miss, tall, long beard

*Kenerson: And on the night of 12th you were at front of line when bertino told police to move aside and let PBs handle these motherfuckers (antifa?)
Pezzola says he couldn't hear it, there was a lot of commotion.

*He didn't see Bertino get stabbed, he affirms.
You sprang into action?
Pezzola: you may it sound like superhero type thing, i saw a commotion ahead of me i heard guy screaming this guy stabbed a bunch of ppl ...

*Kenerson: you didn't know what happened, just instinctively went ahead?
Pezzola: i always instinctively know what to do when there's a threat

*Now, video from night of 12/12 plays after Bertino has been stabbed.
Does it appear to be someone running in? Is he wearing a camera?
p: It appears to be police body camera
K: So it appears to be police coming in after Bertino was stabbed?
P: Correct.

*Kenerson pauses video and elicits that at this moment, bertino had been long gone from area. There is a violent brawl happening on screen. Pezzola circles where he is on screen.
Ken: You said you just put your weight on the guy?
P: I, I, I was trying to restrain him

*Kenerson: You punched him?
Pezzola: no, i didn't punch him...
K: Let's play the footage....
Pezzola before it starts: let me rephrase, I don't believe I punched him, if I did, I did

*The footage plays, Kenerson asks if that's Pezzola's fist. Pezzola says you can't see his first anywhere in video as an officer is spraying pepper spray on people brawling on ground. Kenerson plays the footage forward.

*Ppl yelling back up back up.
K:The guy who is on ground, that's the person you pinned to ground? P: That's the person who attempted to murder 4 ppl, yes,
And what we've now seen is the man you punched?P:No you saw a reaction from me after I was pepper sprayed directly in eyes

*You wouldn't have been able to see where anyone was to punch them?
p: At the time I was pepper sprayed, I was coming up off him so i don't believe I would be anywhere in the vicinity to punch anyone

*Video fotoage plays again and Kenerson zeroes in on Pezzola claim from stand that he was pepper sprayed, so couldn't see anyone to punch...

*Your testimony was you were trying to hold him down? P: I wasn't laying on him but pushing down
K: Your body weight was on him. So you knew where he was?
P: He was under me and a couple other ppl

The video plays forward again, the man he punched is a Black man with long dreads. Body-worn camera shows the man's eyebrow appears to be cut, there's blood.
Kenerson: That officer was the punk ass 5-0 who maced you?
Pezzola: yes he was

K: You weren't acting alone then?
p: i wasnt under any orders I was acting alone... if its a bunch of ppl doing their own thing
k: A bunch of ppl doing their own thing, trying to hold that guy down?

Kenerson asks if after the Dec rally, was Pezzola excited about coming to Bertino's aid.
I felt good to be helping someone out, he testifies.
Went down to NC?
Pezzola: Its unrelated but yeah
Delivered the shield? Affirms.
Reminisced about Rochester? yes

*You told Tarrio ahead of going to NC you were coming down to deliver shield?
P: Only reason I did that was because kid making it got sick with Covid.
k: So you sent a msg to Enrique to tell him?
p: I just said I did yes

*That was around NYE 2020?
Pezzola: I believe we stopped at Bertino's day of

*You had been with PBs for about a month at that point?
Pezzola looks at ceiling, squints hard: I think it was Dec 5 or 4th, something like that, Jan 6 is my timeline, so wherever it falls at
K: It was a few weeks?
Pezz affirms

*He was a 2nd degree then?
P: i don't recall
But after mtg with Bertino, he added you to Ministry of Self Defense?
It was a couple days later
(It was Jan 2)

*Jury now sees Pezzola "Lords of War" photo posted by Tarrio on Dec 31, 2020 (this is same day bertino and Pezzola meet)

*Your hotel plans fell through and Tarrio responded? Pezzola: tried to help, gave me a suggestion
You got welcomes from Philly and NC after you joined? Pezzola: they were random welcomes, i had no idea who they were

*Kenerson: You wanted to be a PB you believed country was under radical socialist attack?
P: after everything i witnessed in summer of 2020, cities burning to ground yes... ...I was tired of seeing innocent protesters attacked...

*You thought family, freedom were under attack from radical socialists?
Pezzola: Radical socialists do attack freedom.
k: Thats why you joined PB?
P: I was interested in joining group of likeminded men

*The fact that you thought your freedom was under attack by radical socialists is why you joined PBs, correct?
Objection. Overruled.
Pezzola: I believe everybody's freedom is under attack by radical socialists.

*Kenerson: And that's why you joined PBs?
Pezzola: don't know if i directly relate it but i liked to be around ppl who expressed same opinion as me
Pattis for Biggs objects, Brandenberg. Sidebar.

*Husher was on for a few minutes. And when it comes off, Judge Kelly announces its time for lunch.

*We will return at 1:30 pm ET.

OK, i think all tweets are accounted for.

And we're back from lunch. Pezzola will resume the stand and once he's there, Judge Kelly says, we will bring in the jury.

We resume cross of Pezzola by AUSA Erik Kenerson.

The jury comes back in.
Nick Smith, I believe, for Nordean, seemed poised to ask Judge Kelly something but the jury got in before he could!

Kenerson: I think when we left, we were going to bring up exhibit 23.
This is a note in a journal about reasons he wants to join the PBs. Pezzola affirms this is what it is.

The first line, love your family, flag, country and freedom, all under attack by radical socialist -
These were all reasons you wanted to join PBs?
Pezzola: uhhh, well, that's what it says.. it's not my testimony but that's what it says

k: You wanted to fight your last breath to make sure country didn't become communist:
P. says he used the term "fight" here "as he is fighting this corrupt trial and fake charges" today
K: You have a lot of opinions you want everyone to know?
P: Just want the truth out that's all

From letter, its Just a little background, you were physically fit 43 y/o male flexible schedule, can be anywhere I needed anytime?
Pezzola: I didnt have to be physically fit to fight this corrupt trial

Pezzola: You keep saying this was sent to PB, but i haven't seen any evidence of where it was sent
Kener: you wrote this Mr pezzola, correct?
P: I said correct already
These are the reasons you wanted to join PBs?
Pretty sure I answered already

This just got very testy.

K: You wanted PBs to know you were in Marines
P: Its just another fact, Mr. Kenerson
You thought it was important that PBs knew you knew how to lead?
P: I didn't think [that]... i just put it in this journal myself ... this never made it anyone I don't know where you're going..

Pezzola: Leadership comes with knowing how to follow
Chain of command very important in military?
In military it is
You saw fit to highlight your military experience to PBs?
Its part of who I am, correct

One reason you noted to join PBs was because Marines left you with ability to keep your composure under pressure?
P: That's true for any infantry soldier I believe

One reason to join PBs was because you wanted to work with a team?
Military, business all facts of life, correct

You also wanted to join PBs because you thought civil war was imminent?
P: Those thoughts were based on my observations of cities burning to ground in 2020, that's correct

Kenerson asks if Pezzola believed it was a battle between good and evil. Pezzola hedges a bit here and Kenerson scrolls down the letter where he wrote: "I truly believe this is a battle between good and evil, freedom v tyranny, capitalism vs communism"

pezzola says the reason he wanted to join PBs is only in the first paragraph of this note, the rest are just his beliefs, he adds

k: You thought it was 100% on you patriots to take back your country
p: I don't think its a crime to have apolitical opinions, so yes I said these things
k: you believe other side hated you and wanted to destroy your life
p: Its not a thought, its a fact, they attacked us daily

Again, Pezzola from the witness stand says he is standing against this fake trial and corrupt charges.

One of the 1st rallies you went to in Buffalo involved you getting iin a fight
A local mob of antifa attacked a politician so citizens stepped in to help out
And you made sure you took care of the man you thought was antifia
They were

Person who stabbed Bertino was antifa?
Pezzola: I don't know, he was a man who murdered 4 people...It was assumed he was antifa, I didn't know who he was at the time.

You testified you didnt post much on Parler?
I didn't really, Pezzola testifies
You followed Tarrio, Nordean, Biggs
After a time yes
Bertino?
Yes
Read many of those posts?
Possible, work was slow, on phone a lot
Upvoted posts you like?
Sure I did

You upvoted 22 posts on Parler made by Jeremy Bertino, correct?
P: You tell me, how should I know, its been 2 years ago...
K: You upvoted a lot of his posts, correct?
Objection overruled.
P: Its possible

Kenerson reads from one of Bertino's messages: one of them on nov 30 2020 read gop has completely sold you out, senators, governors and judges and congressmen all bought and paid for, judges in GA overturn legal rulings they made an hour prior.

Kenerson reading Bertino msg cont:... bigger than democrats, your elected ldrs are selling their souls...as americans we can't stand idly by, revolution is imminent... stand up now or kneel forever
Metcalf interrupts: Your honor is there a question here
Judge Kelly: there will be

Kenerson continues to read Bertino's post and asks if Pezzola upvoted it
Pezz: As a political opinion, nothing illegal about that

Well, whatever happened over lunch I don't know, but Pezzola definitely seems to be a bit more keyed up and defensive now.

We're on a sidebar. Husher on.

Pezzola is more expressive on the stand, I can't tell where he's looking, but it would seem perhaps in direction of the pews where observers and family members might sit to watch proceedings. He raises his eyebrows, gives a little shake of his head, roll of eyes

Kenerson: On 12/12/20, you upvoted one of Bertino's posts: this is unacceptable, if courts don't take care of this, its up to Americans to take care of this, we will not concede. you upvoted?
P: If you say so.

Kenerson reads next msg: Next time will be different... if every American patriot had been armed, things would turn out much worse for you. you want to delcare war on American people, you can have it -
Objection. Overruled.
p: if you say so

Pattis says he doesn't want Pezzola to take the government's word for a thing in this case.

Wow. We are trying a new strategy here.

Kenerson: You also upvoted posts from Tarrio?
Pezzola: "At this point, if i didn't have a case, i would probably bring up things like this too."
Kenerson just nods.

Kenerson brings up photo of Pezzola on ground appearing to wrestle riot shield away from officer.
Kenerson: So this is fake evidence to you?
Pezzola: I say you interpret it fakely... This is a phony trial because of the way you're trying to push it off

Kenerson brings up post at 1:38:57 from Parler from Nov 16 from PB Harrisburg: When was last time you saw a 3% defending a maga support from being assaulted by antifa, when we were helping defenseless women and children.... if you're a 3per, join pb chapter...

Pezzola replied: "i was with you guys"
Pezzola says this means he was with them that day, not during the night march

A couple days before Jan. 6 was having a conversation about not going to DC, pezzola says
And then you were going as of early Jan
I changed my mind
Two dudes who are meeting us down there are fighters, correct?
I did

Jan. 5 you told everyone you were in contact with ldrship in DC and there was still a plan?

Pezz: it was just a msg in MOSD about Enrique being arrested, and meeting at Monument

when you left on 5th you thought there was a chance there be a full blown fucking war
Pezzola: fter [summer of 2020] anything was possible in my mind at that point

Before 1/6 you felt people like you weren't getting their voices heard by politicians?
Pezzola: i did, correct
you testified yesterday you stayed in your hotel on 1/5, correct?
besides walking around a bit... went for a walk..liquir store nearby..

He was with Central NY guys. someone in car yelled at him and other PBs, get out of my city?
Pezzola: no, it was fuck the PBs
and you threw a water bottle in that car on night of 1/5?
Yes I did,

You greene, arthur lashone, roney, met at Wash Monument on morning of 6th.
yes
was it clear to you rufio (nordean) was in charge/
i don't believe it was clear who was in charge, it was a mishmash of ppl standing around

You knew he was in charge?
I assumed, he had the megaphone
You told the FBI you knew rufio (nordean) was in charge?
When we started marching I knew who was in front, it was clear who leading march

So on 1/6, you understand rufio was in charge?
In charge of the march, not of me, i left the group
In charge of the march?
Pezzola repeats it again.

you understood mission was to raise hell on 1/6?
p: I stated earlier, i always viewed our role as being loud, obnoxious and taking focus off ordinary protest who were constantly getting beaten by cowards on the left, so yes

You understood mission was to raise hell?
I just said yes, Pezzola testifies

You got to peace circle around 12:50 p.m.?
Pezzola: 12:51
Pezzola said he made it to the food trucks by this time.
I saw the orange hats coming across rd from food trucks, thought, oh there they are, and started veering that way...

Pezzola says it was a close, as far as he is from where Tarrio's attorney is sitting in courtroom right now (so, not far, its less than 50 feet here in courtroom)

Your testimony was you heard a commotion from food trucks and then you went to get William Pepe?
P: Its an overview in my mind of what happened, pezzola says (a moment before he testified quickly about his time in prison, solitary did damage to his memory, he said)

Video from breach near Peace Circle, time stamp 12:54-12:55 timestamp.
Pezzola says "i believe so" this was around time he started to hear the commotion.
The video plays and jurors see rioters knock and break down barriers, streaming towards Capitol. Kenerson plays full speed..

Then he slows it down, frame by frame. Stops it.
So, where we have stopped this video, (11mins40sec), crowd has just breached the barricade
That's correct, Pezzola says
Kenerson circles Pepe.
Pezzola says that's correct.
Another PB from NY in red hat? (ken circles)

Pezzola says he thinks so but isnt sure
Then Pezzola appears on screen;
k: this person behind you is Hooks
Pezzola says he believes its hooks, but didn't know that until recently. he thought the man's mask was a beard.

They now go back and forth, pezzola testimony less certain suddenly

Kenerson: We paused it at 11min 10 second, this was time you thought you heard commotion? ?
P: no, i think i heard it early, i don't remember when

Kenerson: you're rushing up these stairs and barricades because you're looking for Pepe?
Pezzola affirms.
k: Hooks is a Hudson Valley PB?
p: Yes he is
And he wasn't with food trucks?

K: How fortuitous you hear ruckus, go looking for Pepe and Hooks is right behind you
P: I don't understand how its fortuitous, you're bound to run into somebody you know at some point
Just so happens it was a NY PB?
P: Yeah, there was PBs all over

K: You actually met up with PBs at barricades before first breach?
P: not correct
you saw first barricade breached
p: not correct
you went through it?
p: absolutely not correct
you told the fbi all of that in your first debrief in 2021?
i don't remember honestlyif you can show me

Pezzola cont:...don't believe that's correct
kenerson: we'll come back to that

Now Kenerson plays footage from after first breach as PBs streaming up closer to Capitol. There's Pezzola walking, he affirms its him. There's Pepe. Merks (phonetic spelling)... he ID'ed another PB but I didn't catch it.

Now, video footage plays closer to Capitol, thin police line. Pezzola there.
k: You're not with Pepe here?
Pezzola affirms.
Pezzola: I tried to get his attention, but he was in a frenzy of his own, so I walked up to see what was going on

Kenerson plays next clip. Asks what Pepe said here (I couldn't hear it in video from media room)
That was pepe who just said that?
Pezzola affirms.

Pezzola says something about Ray Epps again, too fast, didn't catch.
Kenerson: You like to throw things out there that aren't responsive to the question, don't you
Objection, argumentative.

Kenerson: you have absolutely no firsthand knowledge that Mr. Ray Epps
Pezzola: all i know is he was telling us to go into the capitol that day and since that day, widely rumored he is a govt informant
K: Widely rumored, correct?

Pezzola: that and we can't subpoena him..
Kenerson: You've seen no hard evidence?
Obj. Overruled.
Pezzola: I've seen no evidence that he isn't.

K: You went even further, up to black fencing?
p: yes, can i explain or I'm not allowed to put context to anything anymore
kelly: whether its your lawyer or another, your job is to answer the question
pezz: I'm sorry, i thought i was able to do that and then explain more

kelly: if you need to expand on your answer you can do that, but you need to answer the questions

Kenerson wants to refresh Pezzola's memory and brings up a write up of his FBI interview in Feb 2021.
Pezzola: 6 of 9 pages are redacted, i don't know what this is
K: Looking @ FBI writeup of your interview wouldn't refresh your recollection as to what you told them in Feb 2021?

Sidebar for objection. Its over after a moment.
Kenerson asks Pezzola to read it. Pezzola says he's read it already
K: your testimony is portion of fbi interview on your screen would not refresh your recollection of what you said

P: my testimony is this doesnt say fbi on it, could have been written up by anyone ... no official markings... so i don't know... bunch of letters
Kenerson: Those letters make up words correct?
Then Kenerson asks him again.
P: I can neither confirm nor deny
K: let me try again

Metcalf, loudly objects. Crosstalk. Judge Kelly says no no, he reminds Pezzola again, answer the question first, please. Does it refresh his recollection

Pezzola: Apparently it doesn't because I don't know where this came from

Now more video footage.
Its slow-mo. It passes by Matthew Greene and Kenerson asks if that's Greene
Pezzola: Its representative of what he's wearing yes
Kenerson asks next if he can see himself on screen. He can. Writing on cap reads: Respect is earned, beatings are free

Kenerson circles Biggs on screen and asks Pezzola if that's him
Pezzola: I've come to learn that is Mr. Biggs yes
Kenerson: When crowd surged forward, you did too? Correct?
Pezzola: I did

Now Kenerson brings up video.
Am i looking for anything in particular or just a crowd of people?
Kenerson starts to ask, and Pezzola chuckles a bit and apologizes. Now the video comes up.
K has Pezzola ID Arthur Lashone (spelling, please forgive me)

This is one of the people you came down to DC with?
P: Yes
More from this video plays.
Rioters surge ahead after black metal fencing comes down. Pezzola is there to side and he has his head turned, looking in direction of rioter shoving police.
Kenerson: You didn't stop there?

P: didnt want to get into scuffle with police.
You kept going?
I kept going
k: And you didn't turn around?
p: i don't think so
k: You and rioters trampled barricades
p: They were already down, I walked over them

K: You walked over them, so had thousands of other people?
They did
You badly outnumber police?
I believe so
Some of them tried to stop you?
Some did, some were walking with us. Pezzola then says in scene where rioters and police clearly clashing, he says, police just walking

k: For all intents and purposes, you and fellow rioters were acting as an invading force at this point correct?
Pezzola starts - Hernandez objects. Overruled.

We were acting as trespassing protesters
Who just tramped 2 police barricades?
Still in process of trespassing

You said yesterday you saw police as your enemies on 1/6?
Pezz: No, i was using a term that i could use to relate to the - i assume you're talking about enemy fire and what i said about military training...

Pezzola cont...i was trying to use comparison for jury, using what govt teaches its citizens when they go to military

More footage plays near area where shield is wrestled away from Ode. Kenerson asks why pezzola didn't drop his mask when he was yelling at police to stop or they'd kill someone. He says, in sum, he figured they could understand him anyway, mask or no

Did Pezzola see a man in front of him at this time put his hands on a police officer's neck?
Pezzola says it looks like its around the man's collar

K: you grabbed at the shield when it was in Officer Ode's hands
Yes sir.
But you didn't take it from him?
p: I fell backwards and grabbed it...

Kenerson: Shield was in Ode's hand, wound up in person with W jacket hands and you took it from hands of person with W jacket?
Pezzola: Yes, that's my testimony

And when you grabbed it first, when still in Ode's hands, you were trying to take it?
P: I was trying to protect myself
Protect yourself by taking it?
p: I was trying to protect myself and try to find cover
k: By taking Ode's shield?
If you mean trying to find cover, then correct

K: When you took shield from Ode, you were trying to take it from his possession at that pt?
p: Again, trying to take it from his possession to keep from being killed, yes

Kenerson plays video, asks Pezzola if that's his hand on shield.
He affirms.
Pezzola: The intention wasn't just to take possession, but to cover my head from bullets flying in
K: How are you going to cover your head without taking possession?

P: In simple terms, it was possession of it, it wasn't trying to rob him of it
He says again he fell back when shoved out of way
I was trying but I failed

Pezzola affirms when Kenerson asks if it was chaotic, things moved very fast
K: So you memory of man in W jacket reaching down is based on video then?
It is, Pezzola testifies

Now a video from Pezzola evidence and Pezzola says
This is where he's reaching down, where Ode is laying flat and right now, he's got both hands on it and there that's the first sign of it, can see a little shine there

You said yesterday there was a hand off to bottom right that you couldn't tell was yours one way or another. Kenerson asks him to show jury where.
Pezzola says tough to see but says he believes it in vicinity

Kenerson asks showing this picture below.
Man in helmet spraying police?
P: He is
You said crowd was unarmed?
Pezzola: Generally unarmed yeah, it was a can of mace, I don't think I'd consider it a deadly weapon...didn't say it wasn't dangerous

You said crowd was unsuspecting?
P: Unsuspecting?
Objection. Witness can answer.
P: I think i said, after initial clash w/police, there were probably unsuspecting or shot at .. IDK.. i don't recall

Kenerson presents photos of the shield sequence and elicits Pezzola is closer to the ground. He says man who he claims was helping him stand, "maybe he had a hard time picking me up" (this goes to claim he wasn't wrestling on ground for it)

Pezzola says the man "must have dropped me" and when Kenerson asks if it looks like he has full possession, he says yes, it appears he does.

Then Kenerson starts to ask what happens next, after he gets the shield.

Work your way back into the crowd?
Yes.
Didnt give it back at that point?
No
Didnt cover your head?
I did, i remember bullets hitting right by where my head would've been
K: right after you got up?
No not then, Pezzola testifies

Kenerson starts to ask for specifics and Pezzola cuts in: "I can't be precise with any of this, it's too long ago."

K: Around time you picked it up, is that when you put the shield above your head to protect yourself?
Pezzola: No not at that pt. You only need to protect yourself when you heard that sound go off

We talking seconds, mins, hours days later?
Pezzola: Mr Kenerson I cant be clear with time, I'm sure it wasn't hours, had to be within minutes
Still in same area or different?
General area
Before or after you met with Donohoe?
i don't know
before you went up scaffolding?
Before

So at some point when you went up to scaffolding, you put it above your head to protect yourself?
Pezzola: ... Its like fog of war where you just don't remember, fast paced, adrenaline pumping, can't be precise, you have a vague recollection

We're on a break, I forgot to say that when we just went on it. :) We should resume shortly.

We are back.
Before jury comes back, Norm Pattis says to Kelly: I want to clarify what happened at sidebar, I didn't mean to convey a threat to court. What I thought I said, it took all the power within me not to walk out in disgust for impeachment of a man for his diary

Pattis: The court seemed to suggest that was some sort of threat. I've done everything I can to convey respect to you. I was concerned about it and how it may affect my client... I have a fundamental disagreement with you and govt on this matter...(but he says he has respect)

Kelly: i've acknowledged at various times the strong views and positions you've taken on some of the ways the 1A has intersected with the criminal charges here. As I said at sidebar, I don't think its appropriate even for us to be spending time on commentary...

Kelly cont to Pattis: ...apart from threat issue and to be very clear, super clear, i didnt take what you said as threat, but I did reference other incidents at other times in this trial.

Kelly: My pt though, i don't think even the commentary of 'its taking every fiber of my being not to walk out of courtroom', i do think it reflects poorly on our proceeding and i think the entire trial can do without anyone's commentary along those lines.

Kelly acknowledges people have strong feelings but adds, "We would all be best served without commentary about it and proceeding with the trial."

Now jury is back. Pezzola is on stand. Kenerson is back at podium. He brings up an exhibit. It's photo of him and Greene leaving area where sheidl taken.

You said you left area where you got shield w/Greene?
p: That's correct

K: At some pt you met up with person you now know to be Charles Donohoe?
P: I believe so, and we quickly dispersed from each other
He asked if you were a PB?
He did
He seemed excited you had the shield?
p: Um, I mean, excited, oh cool, so I guess, in terms yes

He asked to take a photo of it correct?
Yes sir.
Now, you, Greene and Donohoe walked back toward the concrete fence you described?
Pezz: Yes sir, I think it was before this

When you got shield. Donohoe helped you carry it at some point?
Pezzola: i believe that's right
Kenerson pulls up the video and it plays, it shows Donohoe helping Pezzola carrying the shield.
Footage plays, someone asks, you just stole a riot shield?
Pezzola: yeah

Pezzola said he replied "yeah" because he was blowing the person off, just to get them out of his hair.

Next Kenerson pulls up photo of Pezzola selfie clutching shield giving PB hand gesture

Yesterday we saw video of police using crowd control measures?
P: You could say that
K: You say police threw flashbangs? You have used them yourself? In military?
P: Back in 1998-2004 range?

Kenerson asks what they look like. Like a cannister.
He holds up his water bottle, asks if cylindrical
P: I've been out for over 20 years, I can't recall

Are you aware that police have at their disposal a more round device called a stingball?It delivers less of a bang then a flashbang
P: But it has a projectile that can be more dangerous
k: it can release pepper spray?
p: i believe it releases hard rubber bullet type substance

Kenerson: some can have peper spray, some can have bangs
Some yes
Stingballs can be used in crowd control situations like on 1/6?
They were improperly used in that situation, correct.

When you say improperly, that's based on a couple handouts you got in military?
Pezzola: oh handouts and my use of non lethal force, i didn't use stingballs per se, but its common knowledge that those type of munitions shouldn't be thrown at head level because they can kill you

K: Now you're saying stingballs were used improperly, based on training in the military, which you did not use in the military?
P: Its my understanding they carry similar load and can do lesser damage

Exchange moved fast.

Pezzola: I do know police brutality when i see it.
Kenerson: So standard you were applying was the Dominic Pezzola standard?
Obje. Overruled.
P: It was common knowledge that these things can kill you if not used correctly.

Even though you're not trained in their use?
P: You don't need to be trained to know an explosive or rubber bullet in eye can kill you.
K: I wasn't asking about rubber bullets

P: You know an explosive going by your eye could kill you
K: You don't have any training these were being incorrectly used?
p: I don't have any knowledge they've been used properly or improperly, i just know how dangerous these type of things are

Video now plays of Pezzola hoisting the riot shield above his head, lifting it up and down, chanting USA near scafffodling.
Lashone was not at the back with you, Greene, Donohoe?
As far as I know, I don't know where Lashone was.

Kenerson plays more from this scene.
Pezzola is screaming "fuck you pussy"
p: At this point I was afraid for my life
k: that's why you were chanting USA USA USA?
p: No because I love my country
k: But you had not given it back because you were not afraid for your life?

Pezzola: at this pt, i was just holding onto it because i didn't know what was going to happen next

Then Kenerson plays footage, asks him to ID himself. He does. Then asks him to ID PBs: Pepe, Lashone, hooks, another NY PB

k: Other than you, greene, donohoe, none of these ppl were at the back with you? much like peace circle, quite lucky you met up with them?
P: I wouldn't say luck, i would say circumstance, it was a fairly contained area, bound to run into somebody

Scaffolding video plays.
K: That's you going up?
P: There was a man with his hand on my back there pushing, but i went up on my own free will
k: So you were pushed or went on free will, which is it?
He went in on his own, he says.

Insurgence USA video now plays where Pezzola is seen pushing up scaffolding with rioters, with shield.
He is saying: "We ain't fucking stopping, you better decide what side your on motherfuckers. you think antifa is bad, just you watch"

Someone talks to him and pezzola says, " i took this from a cop, shut the fuck up alright"
p: eah, he was trying to egg me on, you didn't get the rest of the conversation, i said i took this because we were being shot at.
K: you told him that?
how long before that?

He was being a jerk, so you told him police were shooting at you?
Pezzola: yeah

Video now plays of Pezzola bashing open the window with the riot shield at the Capitol. Pezzola says window to left was already broken by 2x4
Pezz: I broke a completely destroyed pane of glass with a shield. wouldn't consider it a pane anymore

Kenerson: So you're saying you did no damage?
Pezzola: you're just twisting my words

Kenerson: While busting open that window your goal was for someone to hear you?
I believe so, that was the goal, Pezzola says.
Youbelieved govt not listening to you?
P: I felt - It's correct - if I can elaborate - i felt we went there to express 1A, there was trespassing but..

Pezzola cont:... i actually felt like we were not wanted, but i felt like we had no right to be there, well, felt like we didn't have a right to have our voices heard
K: You didnt have a right to be there?
P: I took that back.

You previously said you wanted to join PBs to fight your last breath to prevent radical socialists from running the country?
Pezzola: Yes, same way I'm fighting this trial.

You went in the bldg correct?
Pezzola: yes sir.
Kenerson runs footage from inside the Capitol now as rioters stream in through window Pezzola just opened. As it plays, there's line of police near windows. Kenerson elicits Pezzola didnt give shield to any of them at this pt

Pezzola says it was a last minute decision to give the shield back to police.
An officer reached toward him in footage. Here is where Pezzola will start to give it back but not before having words with officer.

I was avoiding being near police but as soon as II saw him, I gave it back... he trails off... Kelly asks him to speak up.
I said, here you go, you can have it

You blew puff of smoke at police?
In the air
You didn't turn around face police when you did that?
I think i turned around because we were having some type of words, i was telling them how this all started...

k: you were having sharp words with the officer after you gave the shield back?
p: yes sir, i was still upset with what i seen

You recall telling FBI you went back with Hooks as well?
If I did I did, its kind of an irrelevant fact, so I can't remember
You went back to hotel, saw Greene, Roney, everyone was celebrating?
Yes, they were. and they were celebrating

Roney said he bear sprayed a cop?
Pezzola: he may have
metcalf objects: what are we going to add another tool now?
Kelly says excuse me, he couldn't hear. Metcalf reframes it more formally. Overruled.

You burst onto Capitol grounds with a group of other PBs?
At the time, I don't remember
But you know now?
From what I've seen, a few in vicinity

Went to front of line after next braech? Went forward after that breach as well?
Yes

Busted open that window with Capitol riot shield?
A pane of glass, yeys
All that was left at that pt was a victory smoke correct?
yeah it was a foolish video

Ken: your testimony yesterday was that jan 6 was a historic day
i think that's what i was saying
reaction was to take a selfie video and say something profound?
I did

You were excited at that pt about your victory, ppl crowding the halls?
P: Not excited exactly, it was an adrenaline rush, I wasn't excited, it was disbelief.

Now Kenerson plays video for jury of Pezzola smoking inside Capitol, "This is awesome... I knew we could take this motherfucker over if we just tried hard enough." (Also adds POYMFB)
P: Correct, but it wasn't profound..I think after I said it, I thought it was pretty stupid

Kenerson: You were Proud of your motherfucking boys?
Pezzola: It was just a saying in the club...
But you saw fit to mention this club, with that slogan [at this moment]?

Kenerson ends his cross.

Metcalf is now conducting redirect and he asks Pezzola what he thinks of his video here today.
"Idiotic"
Anything else come to mind?
P: I feel like I look like a homeless man looking for some food

Metcalf: Is this a conspiracy to overthrow the govt?
Pezzola: I'm not ina conspiracy with these men, it didn't mean "we" it meant, "We the protesters" that were there

Were the actions at the Capitol spontaneous?
P: That was the most spontaneous thing I ever witnessed in my life
Metcalf: What about your response?
Pezzola says he was "foggy" and "on autopilot"

Were any of those steps Kenerson reviewed with him planned or talked to with anybody?
Pezzola: No
Met: you were asked about ray epps. i ask that i be be able to show this... (i think he said stipulation, but i couldn't hear very well)

Now we have a sidebar, husher on.

Husher off and all right - whos the smart aleck bookmarking every sidebar. :p

Roger heard it:

https://twitter.com/rparloff/status/1649144976616353809?s=20

And also:

https://twitter.com/rparloff/status/1649145328132579328?s=20

Metcalf presents a photo from Matt Greene's phone, he says. The time stamp is 12:50:41. Pezzola says this is from time they were returning after left group, Art, Aaron, Matt Greene taking pic.

Who did you separate from first? Art or Aaron?
Pezzola: I think I may have separated from both around same time
Metcalf: And you stayed with matt Greene the longest?
Pezzola: He stayed behind me the longest, I would say

Where was place of first breach? (in photo)
Pezzola squints at monitor, he isn't sure, he thinks its the Jefferson memorial (its not)
Behind that?
Not sure
Explain what happened?

Pezzola, looking at monitor, says he thinks food trucks were near here (they are not) and that's when he saw the orange hat guys crossing the street.
Metcalf: You went towards the food trucks and then where first breach was?
Pezzola: yes
At 12:51?
Yes

When was it you got behind William Pepe?
Pezzola: 12:57
When did you leave the march?
Pezzola says he thinks it was close to 11:15 a.m.
When you left the march, did you speak to anyone you were marching with?
P: no

Any plans to storm Capitol, any conversation with any other defendant?
No (2x) from Pezzola

Metcalf: You testified that you saw approximately 20 of these thrown into the crowd?
Pezzola: Yes
Metcalf: Sorry, 12 of these. 12.
Pezzola: in a rapid succession yes.

What did Kenerson ask you about ---stingballs?
Pezzola: Yes
What you could have saw could have been a flash bang or stingball?
Pezzola says it could be either one, again offering testimony on munitions he just testified not having any experience with

Pezzola says it went from "a protest to a war zone in seconds"
Pezzola adds: I was in the vicinity of many of these [munitions]... many times I could have been directly hit by it. I was fearful there was a chance I might not make it home after that rally

Metcalf now playing video from plaza after Joshua Black is shot in cheek. We don't see Pezzola in the scene right now but Metcalf asks, is this around time you were pointing at officers?

Pezzola says he was standing 2 or 3 feet nearby but looking at this scene of Black getting patched up.
Metcalf: there long enough for officers to see what was going on?
Pezzola affirms

Metcalf: What else do you remember about this specific timeframe?
P: This is where crowd really started reacting angrily. They tried to take Mr. Black here and crowd figured the cops here were out of line with what they were doing

Met: forget about what crowd was doing, what about you?
Pezzola: Right bebfore this time, thats when i was looking at blood and trying to talk to cops about what they were doing

When you took possession of that shield, do you intend to keep it?
Pezzola: No
Intend to bring it home, sell it on e-bay?
No didn't

When you were inside passing police, and didn't give shield back right away, were those times you were experiencing fear?
Pezzola:
The whole day was like a cyclic pattern, it didn't seem safe to return the one thing protecting me

Pezzola says he was inside capitol for 23 minutes. Then when Metcalf asks, how long he had it for? Pezzola says: an hour.
Metcalf walks through sequence and as he does, suggests it could have been less than an hour that he had shield?
Pezzola agrees, prob less than an hour

Pezzola says when he was inside the Capitol, he was "struck by the magnificence of it"

Pezzola: I had never been inside before. It was like a palace

What did other proteters say when you were in Capitol?
I didn't hear anything, just heard [inaudible]
You testified police were working with you guys, what was that quote?
P: oh, yeah, there was an officer up in the upper...
Objection. Sutained. scope

When you were there, how much longer were you there after the victory smoke video?
Pezzola: 5 minutes, i guess? maybe 10?
How would you describe your behavior in the Capitol?
pezzola: Completely peaceful non combative

What was your state of mind (inside Capitol)?

Reality started setting in, Pezzola says, it was time to go...

Did you believe police were working with you guys if you were peaceful?
Pezzola: After we were told we could stay and be peaceful, I thought we were violating some sort of statute or whatever but I never thought it was as serious as it turned out to be

Why did you join the Marines?
P: I wanted to serve my country....

Metcalf pulls up the letter found in the notebook that prosecutors say was his letter describing why he wanted to join PBs
Where did govt find?
Pezzola says he doesn't know, maybe his wife's closet

Pezzola reads portions of the letter aloud, loves his country, doesn't want it to be taken over by communists, 1st generation Italian American, worried about lockdowns, and tyrannical govt. protect family etc

Metcalf, very loud, very animated: When you joined the marines, did you ever think you would be sitting in a federal courtroom and this (letter) would be used against you as evidence?
Objection. Sustained.
Sidebar for a moment.

After the husher comes off, Pezzola now reads form the letter. One of the lines in it: " i know how to keep composure under pressure"

Pezzola said he had mostly gotten off social media, conservatives were being censored online around time he joined PBs, he wanted interaction in person.

Metcalf: When you wrote this, did the thought ever cross your mind that you were going to go to DC and fight?
Pezzola: No, i meant it in a rhetorical sense. I meant it in the way I fought for custody of my daughter for 10 years.

And when you use words like unconstitutional lock downs and tyrannical government- were you talking about the govt of NY?
I was
You consider this free speech?
Yes
You joined Marines to protect free speech?
Yes to protect all freedoms

When you were a Marine and you were protecting all freedoms, did that mean you were going and fighting anybody physically?
Pezzola: no

When you came to DC did you have any intention to be physically violent at all?
Pezzola: No
Metcalf moves down the page now.
Pezzola asks him if he wants him to read this part...

In civilian world, I've been in construction industry most my life... I know what it means to have to work with a team to accomplish a mission. in my time with USMC, my boss ... called us supergrunt because.. we always ended up humping the most gear....

Pezzola says he's practiced marine corps martial arts, was a boxer.
Metcalf: At time you wrote this, think you would be caught on police video camera being shown video of you holding some guy down who just stabbed someone?
P: No

Did you punch someody who was on the ground?
p: No, no i did not. you can see the blood on his face... that was impossible
Did you punch the guy?
p: I was upset, he stabbed guys who were supposed to be in our brotherhood.

In Marines you missed 9 drills?
Yes; now he explains:

Pezzola: My first child's mother turned into a hopeless drug addict after my child was born and she would disappear for long pds of time, leave me as a single father with a child, leave me sometimes when i had to report, or when i was at base....

Pezzola says sometimes his 12 year old sister would have to take care of his child at that time.

"My daughters are everything to me," Pezzola testifies.

Still reading from letter. "As far as career and life goals... I would like to keep working so I can raise my daughters, send them off to college without debt and save enough to quietly and comfortably retire w/my wife"

Were you able to achieve that goal?
No
Were you almost able to?
P: No, I'm completely destitute now
Metcalf: The Marines would have given you a situation--
Objection sustained.
Marines would have helped you achieve that goal?
obj. sustained.

Pezzola reading more from his letter: Thats why i believe its 1000% upon us patriots to take back our god given liberties. I'm not a violent man and i don't want to see this country tear us apart but those on other side have made it clear they hate us... that's why when...

Pezzola letter cont: ..."the time comes I'm willing to stand on front line and protect those i love..."

M: Did you have anything to do with any conspiracy on Jan 6?
p: No
m: You're being charged with 3 conspiracies, did you ever plan a conspiracy with anyone ever?
p: No
m: Thank you for your service, Dom
p: Thank you Steve

Pezzola's mother, I believe, appears to be crying in the pews. I can't see her face clearly, but I see her wiping away her tears and I believe, pezzola's wife is next to her, and she gives her a hug.

Does Nordean rest? (All attys for respective parties answer)
Yes
Biggs rest?
Yes
Rehl?
Yes
Tarrio?
Yes
Pezzola?
Yes

Jury has left. They return tomorrow.
Kelly: It sounds like you all need to potentially talk about something that would obviate a rebuttal case. You're better spending time doing that together than in front of me right now

Kelly: As far as remaining issues left standing...
Kenerson: self defense and lesser included of theft, the 2 main lawyers negotiating those (metcalf and myself) and you know what we've been up to....

Kenerson: Separately from stipulation we may be working out, Ms. Hernandez filed a motion to strike govt exhibits in which we allege he's doing the spraying - we request before we are forced to rest any rebuttal case, we ask court to rule on that

Kelly; on striking of evidence, fair enough. we can take that up first thing tomorrow, which i was going to do anyway -- Ms. Hernandez, why are you looking so perplexed?

Hernandez: I dont understand how govt thinks if you struck evidence they could bring it up on rebuttal?
Kelly: In theory, why couldn't they?

Hernandez: I don't know what they would be rebutting. I'm perplexed by argument -- the reason I'm moving to strike is because of problems with the videos they introduced.

Hernandez cont: In other words, if you struck it, you would strike it to the authenticity, anyway, the court doesn't have to consider that...but Kenerson said I had raised a number of issues still outstanding on the Giddings Brady issue....

Hernandez wants the govt to turn over, in writing, something that states the Isaiah Giddings tsaid Rhel did not pepper spray police.
Kelly says he doesn't know what Hernandez wants him to do, but he says "short of scanning everyone's brains".....

And then he soft pedals around this, didn't catch what he said, but the gist of it was he's not to trying to be glib in saying this, he just doesn't know how to resolve what she wants.
Kelly: This is a little bit of a sideshow. I'm not sure there's anything for me to order.

I have to take a small break.

OK, Ms. Hernandez is still going on same issue and Kelly is telling her its not productive to burn time on this right now.
He hasn't read case she's cited this morning in her email. He'll take it up tomorrow.

Folks, if we are getting into closing arguments tomorrow, I need to leave now so I can actually get home at a decent hour, actually eat dinner and get to sleep and be some version of rested to cover it.

So I'm ending it here and I will return tomorrow.

Literally as I am walking out door, Kelly is telling Hernandez to stop shaking her head at him for 100th time. She says she isn't, and claims AUSA Conor Mulroe was staring at her, I believe, or shaking his head and she wants govt admonished too. Mulroe says he was turning head...

Not staring at her....

https://twitter.com/rparloff/status/1649162554092994565?s=19