The Maine Capitol rioters say political prejudice precludes a fair trial in Washington

Maine’s first Capitol rebel defendant, Kyle Fitzsimons, claims he can not get a fair trial in Washington, DC because the district’s population is so anti-Trump and Fitzsimons is a vociferous Trump supporter. But today in court papers, federal prosecutors described the argument as “premature and unprofitable” and mocked the change of venue as “long on exaggeration and short on factual facts.” “Courts routinely conclude that despite significant negative publicity prior to the trial, defendants received a fair trial at the place where they committed their crimes,” wrote Assistant U.S. Attorney Robert Juman, citing as examples as recent as Boston Marathon bomber Dzhokhar Tsarnaev and as historic as the Watergate conspiracy Fitzsimons is one of 664 defendants criminally charged with participating in the January 6 attack on Congress that aimed to stop his Electoral College certification of President Joe Biden’s election and Donald Trump’s defeat Fitzsimons, who worked as a freelance menc her, has been in custody since he was arrested at his home in Lebanon, Maine, on February 4. He was subsequently transferred to the federal prison in Washington, where he recently spent his 38 Prosecutors responded today to the Oct. 29 motion filed by Fitzsimon’s defense attorney Natasha Taylor-Smith, who pointed out, h how 95% of DC voters cast ballots in the 2016 and 2020 presidential elections against Trump. “The Democratic candidate received more than 90% of the vote in both elections. This astonishing lack of political diversity is unique to the District of Columbia jury, ”wrote Taylor-Smith, a Philadelphia-based federal defense attorney. “A lawsuit in Washington, DC, for Mr. Fitzsimons would be by jurors who voted almost unanimously against Donald Trump, who has been inundated with propaganda about a ‘white nationalist’ attack and is constantly told that they were victims of a ‘Rebellion’, which was put under curfew and barred due to the danger of ‘violent extremists in the home.’ “No date has been set for the trial of Fitzsimons. “Maine is not overrun by prejudiced DC politics” – defense attorney Taylor-Smith claimed that any future DC jury pool would be tainted by political bias. , rebels, political extremists and white supremacists’. The media coverage of mr. Fitzsimons called him a racist, xenophobic and rebel. Those who control the political narrative are sending a message to all potential jurors that anything other than a guilty verdict will be unacceptable. “Prosecutors noted that proposals to change the venue of other Capitol insurgency defendants, citing policy and publicity prior to the trial has been rejected. ” Given the large number of people involved in the Capitol attack, it is unlikely that more than a handful of DC residents could identify Fitzsimons by name, much less have come to know Fitzsimons as “a ‘racist xenophobia’ in that group of ‘ rebels ” which triggered the city siege, “wrote prosecutor Juman. Regarding negative media attention, Juman continued: “In support of this proposal, Fitzsimon quotes articles from national publications such as DailyKos, CNN and Esquire magazine. And Fitzsimons ignores the fact that the first results appear in a Google search for” Kyle Fitzsimons “, are articles from WMTW 8, Portland Press Herald and Sun Journal, media located in Maine – the exact place where Fitzsimons seeks to be tried.” The government filed a replacement indictment against Fitzsimons on Nov. 10, but he faces the same 10 charges as before, including several crimes. The most serious charges accuse him of violently attempting to break police lines at the West Terrace of the Capitol, fighting and wounding two federal officers. During nine and a half months in custody, Fitzsimons has twice been denied bail, most recently on Sept. 24 by U.S. District Judge Rudolph Contreras, who considered him a danger to society. Defense attorney Taylor-Smith is appealing Contreras’ decision to the U.S. Court of Appeals for the DC Circuit. She has described Fitzsimons as a person who neither planned nor coordinated any acts of violence on January 6 and who drove to and participated in the Trump rally alone. ” Fitzsimons was trapped in the madness of the demonstration and the protest, “Taylor-Smith wrote in her failed bail request. “He was swept up in the great crowd and behaved in a way that was completely foreign to his actions before or after January 6.”

Maine’s first Capitol rebel defendant, Kyle Fitzsimons, claims he can not get a fair trial in Washington, DC because the district’s population is so anti-Trump and Fitzsimons is a vocal Trump supporter.

But today in court papers, federal prosecutors described the argument as “premature and unprofitable” and mocked the amendment of the venue proposal as “far on hyperbole and short on factual facts.”

“Courts routinely conclude that defendants, despite significant negative publicity prior to the trial, received a fair trial at the place where they committed their crimes,” wrote Assistant U.S. Attorney Robert Juman, citing examples as recent as Boston Marathon bombs Dzhokhar Tsarnaev and as historic as the Watergate conspiracy.

Fitzsimons is one of 664 defendants criminally charged with participating in the January 6 attack on Congress that aimed to stop its Electoral College’s certification of President Joe Biden’s election and the defeat of Donald Trump.

Fitzsimons, who worked as a freelance butcher, has been in federal custody since he was arrested at his home in Lebanon, Maine, on February 4th.

He was subsequently transferred to the federal prison in Washington, where he recently spent his 38th birthday.

Prosecutors today responded to proposals from Oct. 29 filed by Fitzsimon’s defense attorney Natasha Taylor-Smith, which highlighted how 95% of DC voters cast ballots in the 2016 and 2020 presidential elections against Trump.

“The Democratic nominee received more than 90% of the vote in both elections. This astonishing lack of political diversity is unique to the jury pool of the District of Columbia,” wrote Taylor-Smith, a Philadelphia-based federal defense attorney. , for Mr Fitzsimons would be of jurors who voted almost unanimously against Donald Trump, who has been inundated with propaganda about a ‘white nationalist’ attack and is constantly told that they were victims of a ‘rebellion’. who was placed under a curfew and locked up as a result of the danger of ‘violent extremists in the home’. “

No trial date has been set for Fitzsimons.

By requesting a change of venue to Maine – “Maine is not overrun by prejudiced DC politics” – Defense Attorney Taylor-Smith argued that any future DC jury pool would be tainted by political bias.

Taylor-Smith’s proposal said: “The current president of the United States attacked Trump supporters as ‘thugs, rebels, political extremists and white supremacists’. The media coverage of Mr Fitzsimons called him a racist, xenophobic and rebel. political narrative, sends a message to all potential jurors that anything other than a guilty verdict will be unacceptable. “

Prosecutors noted that proposals to change the venue of other Capitol rebel defendants, citing policy and pre-trial publicity, have been rejected.

“Given the large number of people involved in the Capitol attack, it is unlikely that more than a handful of DC residents could identify Fitzsimons by name, much less have come to know Fitzsimons as’ a ‘racist xenophobia’ in the group of ‘rebels’ who triggered the siege of the city, “wrote prosecutor Juman.

Regarding negative media attention, Juman continued: “In support of this proposal, Fitzsimon quotes articles from national publications, such as DailyKos, CNN and Esquire magazine. And Fitzsimons ignores the fact that the first results that appear in a Google search for “Kyle Fitzsimons” are articles from WMTW 8, Portland Press Herald, and Sol Journal, media located in Maine – the exact spot where Fitzsimons seeks to be prosecuted. “

The government filed a replacement indictment against Fitzsimons on Nov. 10, but he faces the same 10 charges as before, including several crimes.

The most serious accusations accuse him of trying to violently break police lines at the Capitol’s west terrace, giant and wounded two federal officers.

During nine and a half months in custody, Fitzsimons has twice been denied bail, most recently on Sept. 24 by U.S. District Judge Rudolph Contreras, who considered him a danger to society.

Defense attorney Taylor-Smith is appealing Contreras’ decision to the U.S. Court of Appeals for the DC Circuit.

She has described Fitzsimons as someone who neither planned nor coordinated any violent acts on January 6, and who drove to and participated in the Trump rally alone.

“Mr. Fitzsimons was trapped in the madness of the demonstration and the protest,” Taylor-Smith wrote in his unsuccessful request for bail. after 6 January. “

Leave a Comment

Advertise