In Other Media-eg New Statesman, AJE, FP, Georgia, NYT,  Azerbaijan, CSM Click here to contact us     .

By Matthew Russell Lee, Patreon Podcast Song
BBC - Guardian UK - Honduras - ESPN

FEDERAL COURT, Oct 27 -- On October 27, months after the DC Circuit's decision in US v. Munchel, DDC Judge Timothy J. Kelly had before him  Capitol breach defendant Dominic Pezzola, seeing to re-open his detention hearing. Unlike Thomas Sibick the day before [video Q&A] Pezzola was denied.. Inner City Press live tweeted it here

now Jan 6 cases of US v. DOMINIC J. PEZZOLA, MATTHEW GREENE, WILLIAM JOSEPH PEPE before Judge Timothy J. Kelly.

Judge Kelly: Mr. Pezzola is asking for a laptop. I'm going to deny it. [Note: Defendant Ghislaine Maxwell  in the MDC in Brooklyn has access to a dedicated laptop nearly 24 hours a day]

Judge Kelly: Let's see what the BOP does before granting any of Mr. Pezzola's motions.

 Judge Kelly: The question of whether he picked up the police shield, or grabbed it, is addressed in the video. There is nothing new here. For the reasons I already explained, this changes nothing. He compares his to other cases, but I make individualized decisions

 Note: only yesterday, Judge Amy Berman Jackson rejected US argument that she not reopen the detention hearing on Sibick (here, Judge Kelly is not reopening); Sibick was released, as Inner City Press was asked to explain on Buffalo TV, here.

Judge Kelly: This is the only time I have seen the press seeking information that has not been made part of the record and relied on by a court. I'll let the government oppose it. I don't see how they will be able to carry the day here. [US v. Padilla video still not fully public]

 Judge Kelly: There is a motion to sever. Let me hear from counsel about the idea of coming back in early January and tolling Speedy Trial Act time until then. Defense lawyer: Yes, things get crazy after November, with the holidays. So January is fine.

Judge Kelly: I'm looking at Tuesday, January 11. Ms. Harris, what time? Mr. Greene is at Northern Neck, so 2 or 3 pm. Defense counsel says 2 pm is better. So, 1/11/21, 2 pm. Adjourned.

From October 26: it's Jan 6 case US v. Sibick before DDC Judge Amy Berman Jackson. Sibick wants to re-open his detention. Inner City Press has been reporting on the cases (yesterday, Reffitt, here ) 

Judge Jackson begins with the standard to re-open a detention hearing: you need new information not previously known, or changed circumstances. The case cited, though, involved remanding a defendant who he lost a suppression hearing, making him more likely to flee

 Judge Jackson recounts a case where a defendant said that taking a course in prison was enough to re-open the detention hearing - then cites judicial economy as cautioning against reopening in those circumstances.

 [Note: here  @SDNYLIVE , at least since Inner City Press now with #CourtCaseCast has been closing covering it, nearly all judges would just hear the detainted defendant's argument, and not shut him or her down so early]

But Judge Amy Berman Jackson starts with this Sibick's lawyer: There's no question it's new that his diagnosis -- Judge Jackson: I'm trying to find if I have broader authority. It was surprising to me how little authority there is out there. Speak to that. Sibick's lawyer: I don't have any cases.

Assistant US Attorney: We believe your Honor must make a finding. We haven't briefed those two cases you mentioned. But you are limited to the statute. Judge Jackson: Seems odd that a court would not always have the authority to review detention.

Judge Jackson: If you assume that the test does apply and we have to satisfy that test, the question is whether this material that was unavailable is enough. Has the US carried its burden that there are no condition that would assure the safety of the community?

 AUSA: The US position is that these letter are info that was known to the defendant. I couldn't find the cite for DC, but other jurisdictions have found that. And the, not letter, but documents from the Dept of Corrections regarding his behavior as a model inmate

 AUSA: I suppose they could be new information. But are they material? The US says no. Sibick's lawyer: I knew about the Adderall. But there was more...

 Sibick's lawyer: His mother is to the left, politically. His father, I'll tell you this, we were finishing up our dinner last night and I asked, how do you get along, one a Republican and and a Democrat? And my client's father cited Reagan and Tip O'Neill

 Sibick's lawyer: He cited Antonin Scalia and Ruth Bader Ginsburg. If you ordered them not to watch TV he would be fine with that. He would like his son home. Judge Jackson: I want to make sure there's respect for this proceeding.

 Sibick's lawyer: There was the defendant who wanted vegan food [Chansley, who had pleaded guilty here] 

Sibick's father (Doctor) Eugene: I have no guns. Judge Jackson: Imagine the Washington Post if I order no Fox News. So no MSNBC either. \

Sibick parent cries: I'll do anything to get him home. Judge Jackson: I see your emotion. He has a brother "under the Atlantic" in the Navy. Sibick's lawyer: I want to reiterate Mr. Sibick has gone to extraordinary lengths to separate himself from the toxic unit. He want to the hole on this own request.

Judge Jackson: I am not ruling that the Chief Judge or the Court of Appeals erred. His detention was not a disgrace to our country. Mr. Sibick's actions were. But I have to consider, if there new info. I'm going to grant the motion. There will be conditions.

 Judge Jackson: I was going to say, before I got the new submission, that you should work with a trained professional. You face trial and possible serious penalties. So participate in therapy, video is OK, but the person must be licensed, not off the wall.

 Judge Jackson: The footage does not show he was involved before or after the incident. On social media, no threats. These bear on the weight of the evidence. In Peralta, the case got stronger after he lost the suppression hearing. This is the converse.

 Judge Jackson: I am impressed by the letters from the guards. I'm not taking his word for it. He's shown me by the choice to isolate himself to separate himself from the other Jan 6 defendants. There are serious questions about the manner they are housed together.

 Judge Jackson: The allegation he had the officer's badge and radio, he has a Constitutional right to contest. But he has expressed remorse. I believe you deserve a chance. There'll only be one. The motion will be granted you'll be released to your parents' home. 

Judge Jackson: You must advise the court before any change of residence or telephone number. You're going to be placed in the custody of your father Doctor Eugene Sibick in the Western District of NY. Stay away from DC except court, and from any political rallies

Judge Jackson: You must continue your medical or psychiatric treatment. You're barred from possession a firearm and you're on home incarceration except for medical or legal. You'll submit to location monitoring and pay the cost based on your ability to do so.

Judge Jackson: No social media, no Discord, not that I think these are helping anyone these days. 

Sibick's lawyer: Can he go into the yard? Judge Jackson: Yes. And if there's an employment opportunity, not landscaping but a fixed location he can seek my approval

 Sibick's lawyer: I think it would better for him, get settled and get the therapy in place. I'm not rushing things. Judge Jackson: You know how to file a motion.  Sibick's lawyer: It might be mentally better for him to have something to do rather than sit at home.

Sibick's lawyer: They're very religious. Can he got to church once a week? Judge Jackson: Yes, once a week.

  [An off the record sidebar through Plexiglass] 

Sibick's lawyer: This way he can shovel snow, in Buffalo.

Judge Jackson: If we ever get snow again in DC Judge Jackson:  He'll be released from the facility. Adjourned.

Inner City Press previously published a song about Guy Reffitt, here.

Inner City Press live tweeted Riley June Williams on January 25, here. 

  From January 22, song here: Thread here.

 Inner City Press' John Earle Sullivan song on SoundCloud here. 

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2021 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com