Defendant Moves to Dismiss Jan. 6 Case Based on Newly Disclosed Footage, FBI Testimony

 

• Protesters speak to U.S. Capitol Police officers outside the Senate Chamber inside the Capitol on Jan. 6, 2021. ( The newly disclosed footage, shown on Fox News this week, “is plainly exculpatory,” Pezzola’s lawyers said in the new motion.“It establishes that the Senate chamber was never violently breached, and—in fact—was treated respectfully by January 6 protestors,” the motion reads. He eventually made it into the Senate chamber, where he and others later knelt and prayed. Chansley, during the prayer, gave thanks to the officers for “letting us into the building.”Pezzola also entered the Capitol, and prosecutors have argued that he and others being inside forced Congress, which was certifying electoral votes from the 2020 election, to go into recess. He’s asked in the motion to declare a mistrial if he rejects that request.

• Brady Violations

  Prosecutors must not withhold evidence that can be exculpatory. Zachary Rehl, another Proud Boys defendant, requested all information regarding Congress going into recess on Jan. 6, 2021, in late 2021.“While Brady obligations do not extend to the entirety of the government, they do include investigative agencies or agencies closely related who knew or should have known that information would be material to a prosecution arising from their direct involvement. The U.S. Capitol Police didn’t respond to a request for comment. It wasn’t provided to me,” Watkins said. They had a duty, an absolute duty, with zero discretion to provide it to me so I could share it with my client.” Proud Boys members Joseph Biggs (left) and Ethan Nordean (right, with megaphone) walk toward the U.S. Capitol on Jan. 6, 2021. 

• Another development supports a dismissal, according to the new motion. FBI special agent Nicole Miller is being accused of hiding a tab in a spreadsheet that showed some of her emails. The hidden emails show that Miller “admitted fabricating evidence and following orders to destroy hundreds of items of evidence,” Pezzola’s lawyers said. If justice means anything, it requires this case to be dismissed.”The FBI declined to comment. Erik Kenerson, an assistant U.S. attorney prosecuting the case, said in court on March 8 that even if there were missing messages, the defense could have asked the government to produce them.

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