Saturday, May 7, 2022

In Jan 6 Case of Tarrio and Nordean Lack of Access to Discovery in Jails Alleged by Defense

 

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

DDC COURT, May 2 – In a high profile January 6 case, the conditions in jail and of discovery came into focus on May 2. Inner City Press live tweeted here:

now Jan 6 case of US v. Pezzola, Tarrio, Nordean, Rehl & Biggs, DDC Judge Kelly is asking about discovery "difficulties," Inner City Press is covering the case

 DOJ's "Capital Breach discovery coordinator" said that while Jan 6 defendants in CFT in the DC Jails can watch the Jan 6 videos on tablet, none of these high-profile defendants are in the CFT. She said they cannot be moved there either

 Judge Kelly says " to those counsel who recently argued a sealed motion before me, in the next few days I will have a decision for you on paper" - meaning even the decision will be non public?

Complaint is made the the jail(s) not compensated for discovery costs, laptops being broken and misappropriate. Says it's up to the US Marshal Service to pay for this; asks why DC Superior Court defendants can't also get discovery laptops

 Judge Kelly: It seems like this system of discovery on laptops will be continue for defendants other than the January 6 defendants... I see that Ms. Miller is shaking her head, No. AUSA Miller: The Evidence [dot] com program, we've only used for this case

Tarrio's lawyer is seeking to get his client moved back to jail in Miami, where there are "four classrooms to meet in."

Now AUSA Miller is turning to conditions (for discovery at least) in the jail in Alexandria.  Bigg's lawyer: The presentation so far is tonedeaf

 Another DC defense lawyer: I like the trilogy, ending with replete with broken promises. Judge Kelly: You can use that in your next closing, Ms. Hernandez [she also helps defends Pauline Bauer, for now (Bauer wants her off the case?)

AUSA Miller turns to Lewisburg, where Domenic Pezzola is; she said lawyers can send discovery by "Special Mail," only on CD or DVD. But the AUSA can authorize a hard drive.


Ms. Hernandez: Only the AUSAs can send hard drives to Lewisburg. And they often encrypt them. AUSA Miller turns to the jail in Philly, says there is legal visitation by WebEx, not sure if document sharing is available. 

Inner City Press will continue to cover these cases.


***

@SDNYLIVE courthouse #CourtCastCast
                              200 Worth Street
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.