A growing number of people charged with crimes related to the Jan. 6, 2021, breach of the U.S. Capitol are requesting trial delays so they can review newly disclosed footage.
Shane Jenkins became one of the latest defendants when he filed a motion through an attorney to delay the trial due to the disclosure of some 41,000 hours of security footage from Jan. 6, 2021.
The tranche includes some 25,000 hours of footage that Jenkins hasn't been able to review, according to the new filing.
"The request for additional time is necessary in order to adequately and diligently review all discovery pertaining to Mr. Jenkins and to determine whether any video contains relevant and material information that would pertain to Mr. Jenkins’ defense. Video evidence depicting Mr. Jenkins would constitute both exculpatory and material evidence, which would require disclosure from the government," Boyle said. "Due to the large amount of video being released, and because Mr. Jenkins is currently incarcerated, we request additional time to review the information and prepare for trial."
Government prosecutors oppose the request.
U.S. District Judge Amit Mehta, the Obama appointee overseeing the case, hasn't ruled on the motion yet.
Jenkins has been charged with physical violence in the Capitol grounds or building and disorderly conduct, among other charges.
Prosecutors have opposed making much of the footage available because the legislative branch was the original owner of the evidence, Pope wrote. "However, now that the Legislative Branch has given defendants their blessing to have due process access to legislative files, the government’s already weak argument to deny due process has collapsed. This court should immediately grant me full access to discovery," he wrote.
If the government continues to deny Pope access to discovery necessary for his defense, the case should be dismissed, Pope argued. He has been charged with civil disorder and other charges.
“Defendant’s position is simple and straightforward: there is no justifiable reason why this newly available evidence had not been made available before today—thus, any possible prejudice to the prosecution from a continuance is dwarfed by Defendant’s constitutional right to defend himself,” Nichols said through his lawyers. He's been charged with physical violence, obstruction, and other charges.
Request DeniedAnother defendant, Sara Carpenter, saw her request to delay her trial in light of the recent developments denied.
U.S. District Judge James Boasberg, the Obama appointee overseeing the case, rejected the motion during a March 3 hearing.
Carpenter's lawyers had argued that the surveillance disclosed by House Speaker Kevin McCarthy (R-Calif.) "is far in excess of what was previously disclosed by the government and known to exist" and that, while the government had disclosed some footage, "there remain temporal gaps in the footage thus far provided between the moments Ms. Carpenter is shown entering and exiting the Capitol."
The government asserted that trial extensions shouldn't be granted "on the unsupported allegation that pertinent information may exist somewhere, but is not currently known to either the prosecution or the defense."
'Not Gotten My Evidence'Rachel Powell, another Jan. 6, 2021, defendant, who's facing more than a half dozen charges, said that she hasn't received evidence crucial to her case.
McCarthy had told reporters that defendants had access to footage before.
"I am a J6 defendant and have not gotten my evidence even though it has been over two years," Powell told The Epoch Times via email. "So when McCarthy says January 6 defendants have had access to the evidence he is wrong and possibly lying."
She was preparing a motion to delay her trial.
William Shipley, a lawyer representing multiple defendants, wrote on Twitter that attorneys have access to thousands of hours of footage but that the Department of Justice (DOJ) database didn't include footage that Congress didn't give to the agency.
"If Congress ... held back video then DOJ would not have it to put in the database," he wrote. "It is not possible to say definitively right now that defense attorneys did -- in fact -- have all the videos that Tucker/Fox is showing. McCarthy says he gave Fox everything. That might include videos not given to DOJ."