By Matthew Russell Lee, Patreon Song
BBC - Guardian UK - Honduras - ESPN
SDNY COURT, Jan 13 – Seven days after in the US Capitol among other things Mark Leffingwell stuck a Capitol Police officer repeatedly with a closed fist, he was released to fly back to his home in Seattle, no GPS monitor, no bond.
For Westchester County's William Pepe, 31, it went the same way, with release on unsecured $10,000 bond with no co-signers on January 13. DOJ press release here. Inner City Press live tweeted it, here:
Judge: This is not a trial, Mr. Pepe. This is an initial proceeding, on the arrest warrant signed on January 11. William Joseph Pepe is 31 years old. Some college. No alcohol in the last 24 hours.
Judge: What's the process on a financial affidavit? Defense lawyer: He intends to retain his own counsel. I've spoken to the firm. They are negotiating an engagement letter. I ask that I be assigned for presentment purposes only.
AUSA: Mr. Pepe was arrested yesterday at 1 pm in White Plains. We have reached a bail package. A $10,000 unsecured bond, release today on his own signature. GPS and a curfew from 10 pm to 6 am.
AUSA: He traveled to DC and went into the Capitol. He's been suspended from or lost his job, so curfew would not curtail employment. We want a stay away order for DC, in light of upcoming Inauguration, except for in-person court proceeding.
Judge is so-ordering it.
While Pre-Trial Services suggested that 2 financially responsible people co-sign the $10,000 bond, Judge McCarthy went with what the AUSA and defense agreed: no co-signers. Next proceeding Jan 22 at 1 pm.
Federal Defender says, Press, do no call us, we have no comment. And I advise Mr. Pepe not to speak to the press. Not a good idea. Where is his phone? Pepe: It's in my possession, with my property. I have it right here. FD: Fabulous.
Now AUSA says, Get a new phone - we're getting a warrant.
It's over.
As to Leffingwell, Inner City Press covered the case. U.S. District Court for the District of Columbia Magistrate Judge G. Michael Harvey held the detention, or really non-detention, proceeding. Inner City Press live tweeted it here: (then, song here)
Now in Federal Court in DC, hearing of detained Mark Jefferson LEFFINGWELL who "attempted to push past me and other officers. When he was deterred from advancing further into the building, LEFFINGWELL punched me repeatedly with a closed fist."
Assistant US Attorney is *not* asking for detention . He'll be allowed to travel back home to Seattle.
AUSA: We'll be requesting strict conditions... A stay-away from DC... A curfew. Judge: You say he works. What is it? Lawyer: A packaging plant called Panacea in Everett, Washington. 30 to 40 hours a week.
From the complaint: "I was struck in the helmet that I was wearing and in the chest. Working with other officers, I was able to gain control over LEFFINGWELL, who attempted to struggle while being detained. I transported LEFFINGWELL to US Capitol Police HQ."
Judge Harvey: Believe it or not, I have a lot of these case. Pre-Trial should find out about GPS in the Districts where these folks come from. I released someone else yesterday. Defense: GPS is not necessary. He has 2 children.
Defense: He wants to go to church on the weekend. No need to be on a GPS. We'll take a stay away. He's never been to DC before.
Mrs. Leffingwell: I'm an insurance agent. We have a son, Noah, and Nicholas. Judge: I am going to release Mr. Leffingwell.
Judge: You can turn in your guns to a police station. You must call pre-trial once a week and keep working [at the packaging plant.] Stay away from DC except for court. Our proceedings will be remote, you probably won't have to come.
Judge Harvey: I don't see the point of putting him on a curfew if we're not going to do GPS. Defense: He needs his ID to fly back to Seattle.
AUSA: We have nothing.
Defense: He passed his phone to one of his friends. I think they have his license.
AUSA: A third party? I can look for it. Which agency.
Defense: He was brought to 1-D-1, next to the baseball field, then the cell block.
Judge Harvey: I am going to release Mr Leffingwell. He must stay away from Washington DC. [That seems to be the main focus]
Judge Harvey: You'll have to Zoom in to the preliminary hearing... We've got the phone number, no worries, Mr. Leffingwell.
Song on SoundCloud here.
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