| In Jan 6
Case of Hale-Cusanelli DOJ Has Not Amended
On VP Location But Wants Speedy Trial
Clock Tolled DDC By Phone
By Matthew
Russell Lee, Patreon
Podcast Song
BBC
- Guardian
UK - Honduras
- ESPN
FEDERAL COURT,
Feb 28 -- Back in
June 2021,
months
after the DC
Circuit's
decision in US
v. Munchel, DDC Judge
Trevor N.
McFadden
a
held status
conference on
Timothy
Hale-Cusaneli, who was and
is
detained and
wanted to
change
lawyers. Inner
City Press
live tweeted
it here:
(and podcast
here)
On
July 30, with
Hale-Cusaneli
still detained, Assistant
US Attorney
Fifield said
any trial in
2021 was
impossible.
But Judge
McFadden disagreed.
Inner City
Press live
tweeted it, here and
below.
On
August 24, the
same AUSA said
the plead
offer of 15 to
21 months
guideline was
rejected (as
was
defendant's
counter-offer); she
said the trial
should/must be
delayed. But
it has yet to
be
granted, and
perhaps will
not be. Inner
City Press
live tweeted,
below.
On
February 28, the US
had yet to
make the discovery
available,
or amend
based on the
Vice
President's
location; it asked
to toll
the Speedy
Trial Act
clock. Inner
City Press
live tweeted,
here:
now in
Jan 6 case of
US v.
Hale-Cusanelli,
DDC Judge
McFadden holds
a conference,
with a public
call-in line
(unlike US v.
Reffitt trial
beginning
today: why?).
Judge
McFadden says
US still had
discovery
until April.
So how is
Reffitt
starting?
Assistant US
Attorney: Mr.
Crisp has
access to the
data base. And
certain
inmates have
access to
Evidence dot
com, via the
educational
tablets that
they have. But
Mr.
Hale-Cusanelli
has not signed
the protective
order. Will he
state he
agreed here?
AUSA:
And on the
matter of
where the Vice
President was,
we are
intending to
supersede in a
matter of
weeks. [In US
v. Reffitt,
there has been
no
superseder].
Judge
McFadden: I
did not toll
speedy trial
clock at the
last hearing
AUSA:
We move to
toll Speedy
Trial Act time
until the
trial [in May]
Hale-Cusanelli's
lawyer: We
continue to
object. That
the government
is not ready
is not our
problem. AUSA:
Other
defendants
have been held
longer.
Hale-
Cusanelli: I
will not sign
the order. I
am prepared to
move forward
with the
evidence I
have. It would
be prudent to
stop taking
the
prosecution at
face value.
I'd like
internal
documents
about
agitators in
the crowd.
Judge
McFadden: I'm
going to deny
the US' motion
in limine. We
know that as
to where the
Vice President
was, it is
incorrect. And
I'm not
tolling the
Speedy Trial
clock. There
are 10s of
1000s of
document still
not produced
in a year-old
case
Judge
McFadden: I
don't think we
need another
status
conference.
I'll see the
parties at the
motion
hearing.
Adjourned.
Here is
Inner City
Press' US v. Reffitt
no call-in
blues, here.
From
August 24,
2021:now Jan 6
case of US v.
Hale-Cusanelli.
AUSA says
defendant has
rejected plea
offer and DOJ
wants to push
trial back
past the
November 9
date. AUSA
tells Judge
McFadden, as
she did last
time, that
because of US
v. Brady, the
trial *must*
be delayed.
Judge
McFadden: Can
you put more
on the record
about the plea
offer? AUSA:
Only the
charge - and
we would have
pushed for 15
to 21 months
Hale-Cusanelli's
lawyer: We had
a
counter-offer.
Judge
McFadden: And
you understand
that was
rejected by
the
government,
right?
Hale-Cusanelli's
lawyer: Yes.
Judge
McFadden: As
to the motion
to reconsider,
I haven't
heard anything
new.
Judge
McFadden:
The US is in
danger of
violating
other
Constitutional
rights: the
right to a
speedy trial.
How soon can
you brief
this? AUSA:
Next week?
Judge
McFadden: OK,
that's fine.
But I'm going
to set
intermediate
dates. Joint
voir dire
questions by
Oct 22.
AUSA:
We are in a
different
position today
on discovery
than
before.
Defense: The
US put itself
in this
situation.
Judge
McFadden: I'm
tolling time.
Defense: You
need to keep a
hammer over
them. AUSA:
His detention
has no impact
on Speedy
Trial rights.
AUSA:
His detention
has been
considered
again and
again. It is
separate from
discovery. In
terms of the
hammer, the US
is moving at
breakneck
speed. There
is no hammer
that will
speed up this
process.
Lastly...
lastly...
[pause] it's
the US'
prerogative.
Judge
McFadden: I
stand by my
rulings.
Adjourned
AUSA: I understand that the defendant
is detained and I take that seriously, but
there must be more time. The volume of
evidence is unprecedented. Judge
McFadden: You continue arresting people? AUSA:
The bucket of evidence is enormous. Human
actors cannot review
AUSA: We only have one actual computer
system that can handle that volume. I cannot
email it to defense counsel. We are working
with the contractor.
Judge McFadden: My concern is that the
US chose to arrest and charge him 6 months
ago, you do not allege he is violent, but you
say months more before a trial. AUSA: I hear
what you're saying. The defendant may not have
been violent, but this was a violent crime.
AUSA Fifield: I come from a DOJ white collar
section- Judge McFadden: There, you
wouldn't arrest & then investigate. AUSA:
I wouldn't put it that way. Look at video
- [Inner City Press: we'd like to but
DOJ is withholding videos used in court in eg
US v. Jensen
AUSA: With all due respect, the Speedy
Trial Act.. the consideration here is the best
interest of justice. We need more time. Judge
McFadden: I'm not inclined to toll the Speedy
Trial clock. What's your perspective? AUSA:
I'd like to hear from the defense.
AUSA: I'm thinking early 2022, not before
January. Defense: I'm glad my client is here
in person. Judge McFadden: Yes, I'll have
plenty of opportunity to hear from Mr.
Hale-Cusanelli. And you - Marshals, is that
possible? Maybe after. Defense: November
trial?
Defense: Or I'll move for release from
incarceration, the trial in January or
February. Judge McFadden: So you do want to
choose a trial date today? Defense: Yes.
Judge McFadden: I agree plea negotiations and
a trial date are not mutually exclusive. Judge
McFadden: How long would the US case take?
AUSA Fifield: I couldn't say, without speaking
with my supervisor. Judge McFadden: But I said
today was to pick a trial date. AUSA Fifield:
I thought it was for a guilty plea. I can't
commit to length of US' case.
Judge McFadden: Ms Fifield, are you
available on Tuesday, November 9? AUSA: Let me
check my calendar... Yes, but we cannot meet
our discovery obligation by then. Judge
McFadden: I may revisit, but I am concerned
with Constitutional rights at issue here.
Judge McFadden: The US keeps arresting people
and creating new discovery. AUSA Fifield: That
is speculative. We're concerned about the
evidence we already have, that we are
obligated by law to disclose. [This while DOJ
withholds even videos it show in court]
AUSA Fifield: At this point there are 550
people charged. Judge McFadden: And counting.
AUSA: Each case, we have FBI agents and
prosecutors reviewing 1000s of hours of
videos, with 100s of people in them. Do the
multiplication. Judge McFadden: The Attorney
General said these cases are his priority. I
was told discovery would be ready in June. And
here we are. AUSA Fifield: This is creation of
an electronic database that has never existed
before
AUSA: For the defendant, access to all
this discovery should be important. Judge
McFadden: Freedom is also important. AUSA: But
the length of this detention is not
extraordinary. Judge McFadden: I'm not
comfortable. I'm setting trial date.
Judge McFadden: Trial November 9. Let's come
back and talk about intermediate dates,
including a cut off for the US to produce
discovery it intends to use at trial. Defense:
Let's come back in 2 weeks. AUSA: How about
the next week? Or the week after?
Judge McFadden: Let's do it virtual,
August 24, 11 am. AUSA Fifield: The government
wants to toll Speedy Trial Act time until the
trial date -- Judge McFadden: Let's just do to
the 24th [of August]. Defense: We object to
any delay. Judge: I'll toll to Aug 24th.
Judge McFadden: You can talk to your
client before he goes back to jail. And I
assume DOJ can do something.
From June 1:
US says he's "an avowed white
supremacist and Nazi sympathizer." The US also
says Hale-Cusanelli was a contractor at Naval
Weapons Station Earle where he maintains a
'Secret' security clearance and has access to
a variety of munitions."
Hale-Cusanelli wants to change lawyer.
Judge McFadden grants it, says he wouldn't
necessarily do it later in the case. Cases
files to be turned over to "Mister Crisp" by
Mr. Zucker and Mr Wright.
Judge McFadden says Zucker and Wright
can remain in for today's proceeding. AUSA:
The government has produced the most important
discovery about the defendant. But they say
they have not received discovery. What they
are saying is not accurate.
AUSA: Today we gave them body cam video
showing the defendant inside the Capitol. In
terms of plea, we have discussed what charges
would be required, but nothing else. I'm not
authorized for more. US thinks trial would be
premature.
AUSA: We will allow them into a
discovery database. This requires a vendor,
for the 400-plus cases. We have received bids
and expect to have a vendor soon.
AUSA: So we are asking for a 60 day
period, and exclusion of time. We cannot
overstate the scope of this case. We have over
2000 digital devices. We have 14,000 hours of
CCTV, and 8,000 hours of body cam. This
resulted in several deaths.
Judge McFadden: Can you just reproduce the
discovery to this new attorney? AUSA: Yes.
It's in a single USAfx folder. Judge McFadden:
Mr. Hale-Cusaneli, this is a practical result
of your decision to switch attorney - I'm
inclined to toll for 60 days.
Crisp: My status as new counsel is
irrelevant. They'd still be asking for 60
days. Let's set a trial date. I'll do what I
have to do to get up to speed. I have a staff
on hand. What trial date were you looking at?
Judge McFadden: How long to try the case?
Crisp: 3 to 4 week time period. Judge
McFadden: In other Capitol riot cases,
attorneys up to speed have been able to answer
and we set time lines. It's your case now, not
Mr. Zucker's.
Judge McFadden: Do we need to inquire into
jail availability? Do you want it in person?
Crisp: It makes no difference to us. Judge
McFadden: July 6, 11 am. AUSA: Counsel for the
government is not currently located in the DC
area.
Crisp: I have a trial in PA. How about
next week? Judge McFadden: I have a trial that
week. So, Friday the 16th at 10:30. And I'm
tolling Speedy Trial Act time. I'm open to
speeding up discovery, faster than the vendor,
since he's detained.
Judge McFadden: But we can't talk about
speeding up discovery with a new counsel. We
are adjourned.
We will
have more on
this.
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.
***
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