A federal pass judgement on’s acquittal of a New Mexico guy in April was once an extraordinary blemish at the Justice Division’s document of securing convictions in U.S. Capitol rebellion circumstances. Greater than two months later, a Delaware father and son hope the similar pass judgement on will transparent them, too.
Extensively revealed images confirmed Kevin Seefried wearing a Accomplice fight flag throughout the Capitol after he entered the construction along with his son, Hunter. The Seefrieds have been “early, competitive and energetic individuals” within the Capitol breach and some of the first rioters to go into the construction on Jan. 6, 2021, prosecutors have mentioned.
Manuel Balce Ceneta by the use of Related Press
U.S. District Pass judgement on Trevor McFadden will listen testimony with no jury for the Seefrieds’ bench trial, which is scheduled to begin Monday. They waived their proper to a jury trial, because of this McFadden will make a decision their circumstances.
McFadden, whom President Donald Trump nominated in 2017, has criticized prosecutors’ dealing with of Capitol rebellion circumstances. He prompt that the Justice Division has been unjustly more difficult on Capitol rebellion defendants when compared with other people arrested at protests towards police brutality and racial injustice after George Floyd’s 2020 homicide by means of a Minneapolis police officer.
McFadden additionally has criticized prosecutors for in search of prison time for some nonviolent Capitol rebellion defendants however no longer for left-wing activists who protested Trump’s nomination of Ideally suited Court docket Justice Brett Kavanaugh, The Washington Publish reported.
In April, McFadden acquitted New Mexico resident Matthew Martin of misdemeanor fees that he illegally entered the Capitol and engaged in disorderly behavior after he walked into the construction.
Martin testified {that a} police officer waved him into the construction. A prosecutor rejected that testimony as “nonsense,” however McFadden mentioned it was once affordable for Martin to consider that outnumbered cops allowed him to go into the Capitol in the course of the Rotunda doorways.
In March, McFadden acquitted a New Mexico elected legitimate of enticing in disorderly behavior however convicted him of illegally getting into limited Capitol grounds. The pass judgement on mentioned there was once abundant proof that Otero County Commissioner Couy Griffin knew he was once in a limited house and didn’t depart. Then again, McFadden concluded prosecutors didn’t meet their burden to turn out that Griffin engaged in disorderly behavior.
McFadden is the one pass judgement on to a dangle a bench trial for a Capitol rebellion case to this point.
On Tuesday, U.S. District Pass judgement on Colleen Kollar-Kotelly is scheduled to preside over a bench trial for Jesus Rivera, a Pensacola, Florida, guy charged with 4 riot-related misdemeanors. President Invoice Clinton nominated Kollar-Kotelly to the court docket in 1997.
A minimum of 4 different Capitol rebellion defendants have bench trials scheduled for this 12 months.
Juries have unanimously convicted 5 Capitol rebellion defendants of all fees, an excellent document for prosecutors to this point. Greater than 300 others have pleaded to blame to rebellion offenses, most commonly misdemeanors punishable by means of no a couple of 12 months in jail. Roughly 100 others have trial dates in 2022 or 2023. Greater than 800 other people were charged with federal crimes associated with the Jan. 6 assault.
The Seefrieds traveled to Washington from their house in Laurel, Delaware, to listen to Trump’s speech on the “Prevent the Thieve” rally on Jan. 6. After the rally, they stopped by means of their automobile earlier than becoming a member of the mob that stormed the Capitol, prosecutors say.
The Seefrieds climbed over a wall close to a stairwell and scaffolding within the northwest phase of the Capitol and have been some of the first rioters to way the construction close to the Senate Wing Door, in keeping with prosecutors. After observing different rioters use a police defend and a picket plank to damage a window, Hunter Seefried used a gloved fist to transparent a shard of glass in one of the most damaged windowpanes, prosecutors mentioned.
“The defendants and rankings of different rioters entered the Capitol construction thru that window,” prosecutors wrote.
The Seefrieds joined different rioters in confronting Capitol police officer Eugene Goodman and in on the lookout for contributors of Congress and the positioning the place they’d be counting the Electoral Faculty votes for the 2020 presidential election, in keeping with prosecutors.
Goodman, who is predicted to testify on the Seefrieds’ trial, has been hailed as a hero for main a bunch of rioters clear of Senate chamber and up a suite of stairs to a space the place different officials have been ready. Goodman additionally directed Sen. Mitt Romney, R-Utah, to show round and head clear of the mob.
Kevin Seefried instructed the FBI that he threatened Goodman with violence, pronouncing: “After which I threw my stick down. I mentioned, ‘You’ll shoot me, guy, however we’re comin’ in,’” in keeping with prosecutors.
Kevin Seefried carried a Accomplice fight flag from house and was once photographed exhibiting it on a big flagpole as he walked in the course of the Capitol.
“Certainly, the flag that Kevin Seefried carried itself served to sign his intent: the Accomplice Combat Flag, a logo of violent opposition to america govt,” prosecutors wrote.
The fees towards each Kevin and Hunter Seefried come with a prison rely of obstruction of an legitimate continuing, the joint consultation of Congress for certifying President Joe Biden’s electoral victory.
Hunter Seefried instructed the FBI that he went to Washington as a result of he was once all for “fraud” tied to the election, prosecutors mentioned.