Proud Boys defendant Dominic Pezzola smashes Capitol windows with a riot shield on Jan. 6, 2021. (U.S. DOJ/Screenshot via The Epoch Times)
Posted on 04/18/2023 8:16:35 AM PDT by SeekAndFind
The federal judge overseeing the Proud Boys seditious-conspiracy trial in Washington on April 16 rejected a defendant’s calls for a mistrial and his allegations of evidence tampering, withholding of exculpatory evidence, and government misconduct.
In a 10-page ruling, U.S. District Judge Timothy Kelly rejected requests from defendant Dominic Pezzola for a mistrial or dismissal of charges.
Kelly called Pezzola’s conclusions “bizarre” and said they “lack legal and factual support.”
Pezzola claimed he was deprived of exculpatory evidence from video footage aired in March on Fox News’ “Tucker Carlson Tonight.”
Proud Boys defendant Dominic Pezzola smashes Capitol windows with a riot shield on Jan. 6, 2021. (U.S. DOJ/Screenshot via The Epoch Times)
Drawn from 41,000 hours of security video from the U.S. Capitol, the Fox broadcasts claimed that defendant Jacob Chansley, known as the QAnon Shaman, was escorted around the building by police on Jan. 6, 2021.
“Pezzola identifies footage—of other people—treating the Capitol ‘respectfully’ after entering it,” Kelly wrote.
“He concludes ‘that the Senate chamber was never violently breached’ and that there is no ‘evidence of any raucous or extremely disruptive or violent demonstration in the Senate chamber.’
“But Pezzola has not shown how any of this relates to an element of an offense with which he is charged—or how it relates to him at all,” the judge wrote. “Thus, it does not tend to show his ‘freedom from fault, guilt or blame.’”
Kelly wrote that Pezzola was sent a majority of the video he identifies in September 2021 and the rest in January.
Pezzola is one of five defendants charged with seditious conspiracy to attack the U.S. Capitol on Jan. 6, 2021. He is on trial for 10 alleged offenses, including using a riot shield to smash Capitol windows.
Other defendants in the case are Henry “Enrique” Tarrio, Zachary Rehl, Ethan Nordean, and Joseph Biggs. The trial began in December 2022 and could move to closing arguments this week.
Kelly ruled that Pezzola has no standing to bring up allegations that the government monitored privileged communications between defendant Rehl and his former attorney.
Read more here...
BS!
Trump appointment
“Government clears government of any wrongdoing. News at Eleven.”
RE: Trump appointment
One of Trump’s personal flaws — from hiring Michael Cohen to be his lawyer, to choosing Chris Wray as FBI director, he’s made a lot of selection mistakes.
No evidence?
There is evidence. Whether it is dispositive, or even probative, may be up to question. But to say there is none is not correct.
congress invaded by congresscriminals. Investigation to be done by congresscriminals. In other news fox found not guilty in hen house raid
What a gute Deutscher Kelly is
This asshat had to get Mitch’s stamp of approval.
DJT’s poor selection of personnel is what continues to bite him, but in this instance I’ll give DJT a pass.
Mitch is in the enemy camp.
get the hook
*****
From Wikipedia, the free encyclopedia
Timothy James Kelly (born 1969)[1] is a United States district judge of the United States District Court for the District of Columbia and former chief counsel for national security and senior crime counsel to the Senate Judiciary Committee.
BIOGRAPHY
Kelly received his Bachelor of Arts, cum laude, from Duke University, and his Juris Doctor from Georgetown Law, where he was a senior associate editor of the American Criminal Law Review. Kelly spent a decade as a federal prosecutor, serving first as an Assistant United States Attorney in the District of Columbia and then as a trial attorney in the Public Integrity Section of the Department of Justice's Criminal Division. Kelly also spent several years as a civil litigator at Arnold & Porter. He clerked for Judge Ronald L. Buckwalter on the United States District Court for the Eastern District of Pennsylvania. He also served as the Republican staff director for the Senate's Caucus on International Narcotics Control,[2] and from 2013 to 2017 Judge Kelly served as Chief Counsel for National Security and Senior Crime Counsel to U.S. Senate Judiciary Committee Chairman Charles E. Grassley.[3]
Tim Kelly | |
|---|---|
| Judge of the United States District Court for the District of Columbia | |
| Assumed office September 8, 2017 | |
| Appointed by | Donald Trump |
| Preceded by | Rosemary M. Collyer |
| Personal details | |
| Born | 1969 (age 53–54) Glen Cove, New York, U.S. |
| Education | Duke University (AB) Georgetown University (JD) |
If the facts stated by the Judge are correct, and if it is indeed Pezzola smashing windows, then Pezzola makes a pretty poor case for himself.
Per the Judge (Kelly):
“Pezzola identifies footage—of other people—treating the Capitol ‘respectfully’ after entering it,” Kelly wrote.
“He concludes ‘that the Senate chamber was never violently breached’ and that there is no ‘evidence of any raucous or extremely disruptive or violent demonstration in the Senate chamber.’
“But Pezzola has not shown how any of this relates to an element of an offense with which he is charged—or how it relates to him at all,” the judge wrote. “Thus, it does not tend to show his ‘freedom from fault, guilt or blame.’”
“We have investigated ourselves and found no wrongdoing. We are as pure as the driven snow.”
As I explained in my piece today, not only did @USAO_DC receive more than $30 million in new funding to hire ~100 govt lawyers to prosecute J6 cases, Graves also is pulling assistant US Attys from offices around the country to handle the 1,000 and counting caseload.
See bottom: pic.twitter.com/urQvIWmxfg— Julie Kelly 🇺🇸 (@julie_kelly2) April 18, 2023
the judge wrote. “Thus, it does not tend to show his ‘freedom from fault, guilt or blame.’”
/\
So.... he has to
PROVE his innocence ?
That’s upside down and this whack job is not a judge but a commie domestic terrorist rogue .
And, btw, that’s exactly what the exculpatory evidence did , it proved there was no crime committed , only a scripted coup.
Let’s rewind here.
At arraignment the prosecution has to present enough evidence to show probable cause to bind the defendent over for trial. A judge said at arraignment that there was enough evidence to send Pezzola to trial. He didn’t say Pezzola was guilty of anything.
Pezzola is now trying to get his case dismissed before trial.
In order to get the case dismissed before trial, Pezzola has to show that in his specific case, the prosecution’s evidence used to send Pezzola to trial is wrong, unreliable, whatever.
But, Pezzola doesn’t seem to be contradicting the prosecutor’s case against him.
That’s why the judge said:
“...Pezzola has not shown how any of this relates to an element of an offense with which he is charged—or how it relates to him at all,”
The judge is saying that if Pezzola wants the case dismissed before trial, Pezzola has to present something that the shows the charges against him are based on faulty evidence, otherwise there is going to be a trial.
Just looked to me like Pelozza hasn’t done himself any favors. So far he hasn’t presented anything specific to his case, which is what he should be concerned about.
No Big Deal!
Our communist masters know that the pathetically servile and indolent Aamerican people will just continue to roll over and spread their collective cheeks...
We’re up against a cabal of lawyers. However, further down the road, a bar they will not escape…
“As I live, says the Lord, every knee shall bow to me, and every tongue shall confess to God”
—Romans 14:11
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