Politics

Prosecutors Admit To Violating Jan. 6 Defendant’s Rights; Judge Blocks Guilty Plea

By

Prosecutors on March 14 admitted to violating the rights of a Jan. 6 defendant by keeping him in jail without filing charges within the timeframe required by federal law.

The defendant at a hearing later Monday attempted to plead guilty, but was turned down by the judge in a move that raised questions about the judge’s grasp of the law.

U. S. prosecutors said in a motion filed in the case against Lucas Denney that the government violated a law called the Speedy Trial Act “by failing to file an indictment or information within the time frame” set forth by a federal law, 18 U.S.C. § 3161.

Denney has been held since Dec. 13, 2021, on belief he committed crimes at the U. S. Capitol on Jan. 6, 2021.

U. S. law requires charges to be filed within 30 days of arrest.

Eighty-five days elapsed before a federal grand jury indicted Denney for allegedly assaulting an officer at the Capitol.

The indictment came after the defendant’s lawyers filed a motion to dismiss the case and for Denney’s immediate release in custody, noting the violation of federal law.

“Each day Mr. Denney remains in custodial detention is an additional day that his liberty rights are denied without due process in violation his rights under The Fifth Amendment,” they wrote. “Mr. Denney should not be made sit in a jail cell even a single day longer while the Government tries to explain away its failure to comply with the law.”

U. S. prosecutors agreed, but asked that the court dismiss the case “with prejudice,” which would enable fresh charges to be filed against Denney in the future.

In their motion, prosecutors said the violation was unintentional because government lawyers “mistakenly believed” that the 30-day time frame stipulated by law wouldn’t start until Denney first appeared in court in Washington.

Sponsored Links

“To be sure, the government failed to comply with the Speedy Tria… (Read more)

Comments are closed.