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Friday, December 3, 2021

After warnings, Fed wants to formally access bail testimony of accused Schenectady Capital rioters – The Daily Gazette

WASHINGTON, DC – Federal prosecutors formally used Capitol riot defendant Brandon Fellowes’ testimony in court on Monday to use a bail hearing against him in the trial in October.

In testimony at an unusual bail hearing where Fellows pressured themselves to represent themselves and disregarded warnings that what they said could be used against them, Fellows eventually lost their bid to be released pending trial.

In the process, however, he acknowledged several aspects of his Capitol riot case, prosecutors said, and they now want to officially use it in their case against him.

“The defendant admitted to going to the Capitol,” prosecutors wrote, which includes transcript citations. “The defendant admitted to entering the Capitol through a broken window and standing at a broken and broken desk waving a flag. The defendant admitted to entering the office of US Senator Jeff Merkle. And the defendant admitted to the Capitol. He admitted to smoking marijuana inside the building and said so to CNN and other news outlets.

Even after prosecutors uncovered the judge’s warnings to Fellows, Fellows’ statements were underreported, especially if he decided to talk about January 6th, he could open himself up to statements that would come at trial. being used against them.

The 27-year-old fellow of Schenectady has been arrested since his June 15 arrest on charges he repeatedly violated his release in the Capitol case, in which he obtained the phone number of the mother of his supervising probation officer, calling her And even talked with him. Fellows were then sent to Washington to appear before a judge, on the final question of whether he would be released again.

After being ordered to be held, Fellows again pressed for release, leading to an October hearing, his self-representation and testimony.

Prosecutors filed their case on Monday. The judge then ordered the fellows to respond by December 10.

He faces one count each for obstructing an official proceeding and for aiding in entering and living in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; entering and remaining in certain rooms of the Capitol Building; and disorderly conduct in a capitol building.

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Following his January arrest but under increasingly restrictive conditions, Fellows was allowed to remain free. Federal prosecutors had previously asked to rescind his release twice. A judge disagreed both times, but first ordered her to be placed under house arrest and then, on June 4, ordered her to undergo a mental health evaluation and comply with all treatment recommendations.

However, prosecutors reported in a new motion on June 14 that they not only skipped the mental health assessment but attempted to intimidate their supervising probation officer by contacting the officer’s mother.

The Fellows have attracted the attention of both local and national media outlets. His October hearing drew interest from the Associated Press, which noted that Fellowes had told the judge that he had “loafers” to disqualify a different judge overseeing an unrelated local case in New York. was described in. Fellow said he listed a phone number for the judge’s wife in court records to make it appear that he knew the woman.

Fellowes said he also asked the public defender representing him before reprimanding the lawyer in the riot case if he should try to replace the federal judge by contacting the judge’s family, but the lawyer warned him that he could be arrested. will be taken, the AP wrote.

Denying Fellows’ bid for release, the federal judge told Fellows that he acknowledged the possibility of obstruction of justice in the New York case and was considering it in his riot case, the AP wrote.

More from The Daily Gazette:

Categories: News, Schenectady County

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