Attorneys for Richard “Bigo” Barnett have been blindsided by an “eleventh hour shock superseding indictment” that included an extra felony cost in opposition to him, in response to a movement filed late Thursday in federal court docket within the District of Columbia.
Barnett, 62, of Gravette, was already dealing with seven prices in reference to the U.S. Capitol riot on Jan. 6, 2021. Amongst different issues, he’s accused of taking a lethal weapon, a stun gun, into the Capitol throughout the riot.
Barnett gained worldwide consideration after posing for pictures along with his foot propped on a desk in Home Speaker Nancy Pelosi’s workplace suite throughout the riot.
Barnett’s trial is scheduled to start Jan. 9 in federal court docket in Washington, D.C.
The brand new cost is “civil dysfunction,” in violation of 18 U.S.C. § 231(a)(3).
The brand new grand jury indictment, filed Wednesday, signifies Barnett impeded or in any other case interfered with a Metropolitan Police officer who was making an attempt to carry out his duties throughout a civil dysfunction.
“The protection crew might want to revisit all authorities reveals with a brand new lens,” Barnett’s attorneys wrote in Thursday’s submitting. “The protection was not making any preparations for the various months previous to right now to defend in opposition to civil dysfunction.”
It is quick discover and quick on particulars, they wrote.
“With lower than three weeks till trial begin, the federal government added a brand new felony cost with no accompanying discovery or grand jury testimony or proof, and no alternative for the protection to organize any motions or a protection in opposition to the brand new cost,” in response to the movement from Barnett’s attorneys.
They famous that, in a submitting on Monday, federal prosecutors “insinuated that it’d add a brand new cost to the indictment” nearly two years after the preliminary indictment.
“The federal government didn’t clearly inform this Courtroom that it was definitively appearing to alter the case such that the protection had no time to organize a protection for a brand new felony cost or submit any associated motions in limine,” in response to Barnett’s attorneys.
Two new attorneys have joined Barnett’s protection crew this week: Bradford L. Geyer of Cinnaminson, N.J., and Carolyn A. Stewart of Plant Metropolis, Fla. Primarily based on earlier court docket filings and hearings, Barnett’s common lawyer, Joseph D. McBride of New York Metropolis, has had some medical points.
The grand jury that issued the superseding indictment was sworn on Sept. 15. The grand jury that indicted Barnett the primary time was sworn on Jan. 8, 2021, and its indictment was entered within the court docket file on Feb. 2, 2021. There have been no extra prices filed in opposition to Barnett in between these two grand jury indictments.
In response to Thursday’s submitting from Barnett’s attorneys, the brand new cost in opposition to him was “delivered to the grand jury after being notified that extra trial attorneys have been going to defend Mr. Barnett.”
“The federal government offered no discovery or materials to assist the brand new cost,” they wrote. “The specifics to defend in opposition to, outdoors the statute language, aren’t listed within the indictment.”
In Thursday’s submitting, Stewart and McBride wrote that the federal government has deleted discovery from the USAfx web site earlier than they’ve had the chance to assessment it. USAfx is a safe, cloud-based file sharing platform utilized by federal prosecutors and protection attorneys in Jan. 6 circumstances to share discovery info.
In authorized issues, discovery is “the formal means of exchanging info between the events concerning the witnesses and proof they’re going to current at trial,” in response to the American Bar Affiliation.
“The federal government deletes all discovery in folders at sixty days after posting,” Barnett’s attorneys wrote of USAfx. “There could also be wonderful print, however no warning e mail goes out.”
Assistant U.S. attorneys even have filed a “flawed movement to compel the protection to offer reveals that aren’t required at the moment,” in response to Stewart and McBride.
In Thursday’s submitting, Barnett’s attorneys requested U.S. District Choose Christopher R. Cooper to order authorities attorneys to “repopulate” discovery that was deleted from USAfx. In addition they requested the decide to increase among the late-December, pre-trial deadlines till Jan. 3.
“As a result of the federal government added a brand new felony cost inside three weeks of trial, and on the date of 1 deadline, and per week earlier than the subsequent deadline (with Christmas vacation in between), the protection has good trigger to request an inexpensive extension of time,” wrote Barnett’s attorneys.
Cooper hadn’t dominated on the movement as of late Friday afternoon.
Barnett is considered one of two Arkansans who face felony prices in reference to the U.S. Capitol riot. The opposite is Peter Francis Stager, 43, of Conway, who’s accused of utilizing a flagpole to beat a police officer who was face down on the steps of the Capitol. A plea listening to is scheduled for Stager on Feb. 16.
Three Arkansans have been charged with solely misdemeanor counts relating to the Capitol breach. Robert Thomas Snow, 79, of Heber Springs and Jon Thomas Mott, 39, of Yellville each pleaded responsible to 1 rely of parading, demonstrating, or picketing in a Capitol constructing. Snow was sentenced to 1 12 months of probation and 60 hours of group service. Mott’s sentencing is scheduled for March 8.
Brennen Cline Machacek, 32, of Hindsville, was arrested Monday and charged with the identical 4 counts that Snow and Mott initially confronted. His preliminary look is scheduled for Tuesday through video teleconference.
