A courtroom high-wire act is developing at plea hearing of Jan 6 defendant Eric Bochene of upstate NY
Bochene had previously served as his own lawyer, demanded hefty court payments and had invoked sovereign citizen language
Now he’s dodging key questions from judge
(More)
Bochene has stand-in lawyer today to enter a guilty plea. Feds cut a deal for him to plead to charge of entering restricted bldg
But Bochene is giving unclear or cagey answers to some baseline questions from judge:
His age
Whether he’s US citizen
Does he understand charges
When asked his age by judge, Eric Bochene references his “spiritual convictions” and hedges about whether he’s 52 or 53
When asked by judge, whether he’s a U.S. citizen, Bochene (who was born and lives in New York) responds, “No I do not consider myself a citizen” of US
When asked if he’s “renounced” citizenship, Bochene says he’s “researched it… but it doesn’t seem to work”
Judge asks if Bochene understands the charges against him… and things are going a bit off rails.
Bochene is not saying yes
Asked again if he understands the charges in the case, Bochene answers “To be honest… I don’t understand ‘parading and picketing’…”
Stand-in defense lawyer intervenes. Bochene asks to go into private meeting with the lawyer
Bochene was a no-show at a prior hearing in court (while serving as his own defense lawyer) and was taken into custody. Feds will seek to hold Bochene in detention pending sentencing
@syracusedotcom Bochene is back. Now…. Bochene is saying he *does* understand nature of charges while responding to judge
@syracusedotcom Judge asks if Bochene understands he’s agreeing to remain in jail pending sentencing. Bochene says: Hold it … that sounds like something to challenge
Defense lawyer intervenes. Bochene now says he agrees. To detention
@syracusedotcom Prosecutor lays out agreement about facts in case
She argues Bochene swung a large black rectangular item to attempt to smash Capitol window… & later entered thru a smashed window
Prosecutor says there’s photographic evidence and says Bochene admitted being among 1st inside
@syracusedotcom Judge asks Bochene if all of the prosecutor’s detailed facts of case are “true”
Bochene equivocates. Says “yes”… but then alleges “agent provocateurs” were part of Jan 6. And says “I followed certain actors”
@syracusedotcom Bochene says he disagrees with any reference to any “intent to break a window”
Defense intervenes and asks Bochene to hold up
@syracusedotcom Judge to Bochene: Did you read these statement of facts?
Bochene: “Apparently I didn’t, because I don’t remember any (reference) to my intent to break a window”
Judge… “It doesn’t say ‘intent to break a window”
@syracusedotcom Bochene now asks why his “conversations with the Capitol Police” are not included in plea agreement
Defense swoops in quickly … and tells Bochene: That issue is for sentencing, not the plea agreement language
@syracusedotcom Bochene is asked if he’ll authorize his stand-in lawyer to sign papers on his behalf today (Bochene is in detention)
Bochene answers “Unfortunately, yes”
@syracusedotcom Bochene suggests he might want more time to meet with the stand-in lawyer to talk about plea agreement language
Defense lawyer responds to Bochene: We’ve already had three or four video calls about this.
Bochene says his review of deal “was a little quick”
@syracusedotcom Now Bochene is accusing the plea deal of being “Cookie-cutter”… and tells judge “now you’re putting me in a position…. Like you’re advocating for me to look at it again”
This is all so …. Fragile
@syracusedotcom Defense intervenes again and urges Bochene to be “unequivocal” when answering judge’s questions.
Bochene …. Agrees to do so.
Keeping in mind: Bochene is appearing virtually at this hearing from Broome County, NY jail
@syracusedotcom Judge Randolph Moss explains to Bochene that this plea deal comes with a maximum prison sentence of 1-year
Bochene is being asked a series of “yes or no” questions by judge about whether he understands sentencing guidelines ..
Bochene is responding with a series of “yeah…. To a degree” and “yes… and I’ve done my own research on this” responses
Unsolicited … Bochene just called Donald Trump “the main target” of the government’s case and tells judge he doesn’t want “any joinder” with Trump’s case
Bochene asks if his case has been “adjoined” with any other case. Referencing Trump.
Judge says no
And….. oh by the way.. the zoom link is about to expire in this courtroom. 90 minutes into what’s often a very brief proceeding
A 3rd time, Bochene asks if his case is “adjoined” to any Jan 6 conspiracy case … including Donald Trump
Judge again says NO
Judge asks Bochene if anyone “coerced him to accept this guilty plea”?
Bochene pauses 20 seconds, visibly grimaces and says “no”
ALERT: Eric Bochene - who’d invoked sovereign language in court, defended self in case, at one point sought $75,000/hour for his legal services, was later arrested for no-show at court & gave unclear answers at plea hearing - has pleaded GUILTY to entering restricted bldg Jan 6
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At sentencing hearing, feds seek 27-months prison in Capitol riot case of Leo Kelly
These images are included in the Justice Dept sentencing memo. Prosecutors argue Kelly was at VP Pence's seat... entering the Senate chamber amid the mob
Federal prosecutor opens by saying “One can become numb to what happened that day. The violence & what it meant to our country. It was a catastrophic attack on our democratic institutions”
Prosecutor: Jan 6 “still weighs on this country. And to people who used to view our country as a beacon on the hill”
Justice Dept seeks decades in prison for Proud Boys defendants
Enrique Tarrio - 33 years
Joe Biggs - 30 years
Zachary Rehl - 30 years
Ethan Norden - 27 years
Dom Pezzola - 20 years
(MORE)
Justice Dept argues: "Defendants understood the stakes and they embraced their role in bringing about a 'revolution'. They unleashed a force on the Capitol that was calculated to exert their political will on elected officials by force and to undo... a democratic election"
Justice Dept also supports its sentencing recommendations:
"Defendants’ leadership role was no accident. They viewed themselves as revolutionaries & they believed fully in their cause. From the start of the riot.. defendants & their co-conspirators celebrated their achievement"
FLASH: In new court filing, Special Counsel Jack Smith recommends Dec 11, 2023 for jury selection and Jan 2, 2024 for trial in Trump’s 2020 election conspiracy case
Trump defense must submit its proposed date by next Thursday (Aug 17)
Dec 11 was same date Jack Smith recommended for the classified documents trial in Florida. Judge Aileen Cannon opted instead for May 20, 2024 trial date in Florida case
Special Counsel has just alerted the DC federal judge about Trump's social media post today
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Jack Smith’s court motion says the Special Counsel wants to promptly begin sharing evidence with Trump & defense (they likely want to keep this case moving swiftly) But there’s concern Trump will publicly share confidential evidence/grand jury transcripts.
Prosecutor: "All the proposed order seeks to prevent is the improper dissemination or use of discovery materials, including to the public"