WASHINGTON, DC – Federal prosecutors formally requested Monday to use court testimony from Brandon Fellows, accused of a Capitol Riot, in an October bail hearing against him at trial.
In testimony from the unusual bail hearing where Fellows insisted on representing himself and ignored warnings that what he said could be used against him, Fellows ultimately lost his claim to ‘be released pending trial.
In the process, however, he admitted several aspects of his Capitol Riots case, prosecutors said, and they now want to officially use it in their case against him.
“The accused admitted to entering the Capitol,” prosecutors wrote, including transcript quotes. “The accused admitted to entering the Capitol through a broken window and standing on a broken and shattered desk while waving a flag. The accused admitted to entering the office of US Senator Jeff Merkley. And the accused admitted to having smoked marijuana inside the Capitol and to having said the same with CNN and other media.
Prosecutors described Fellows’ statements after also highlighting the judge’s warnings to Fellows, particularly if he decides to speak on January 6, he could open up to those statements used against him in the trial.
Fellows, 27, from Schenectady, has been detained since his arrest on June 15 on allegations he repeatedly violated his release in the Capitol case, including that he obtained the phone number of his mother. supervising probation officer, had called her and even spoke with her. Fellows were then sent to Washington to appear before a judge on the ultimate question of whether he would be released again.
After being taken into custody, Fellows again insisted on being released, which led to the October hearing, his self-representation and testimony.
Prosecutors filed their motion on Monday. The judge then ordered Fellows to respond by December 10.
He faces a charge of obstructing an official procedure and of assisting and complicity in entering and staying in a building or on restricted land; disorderly and disruptive driving in a building or on a restricted site; enter and stay in certain rooms of the Capitol; and disorderly conduct in a Capitol building.
The fellows were allowed to remain free after his arrest in January, but under increasingly restrictive conditions. Federal prosecutors had twice requested that his release be revoked. A judge disagreed both times, but first placed him in house arrest and then on June 4 ordered him to undergo a mental health assessment and comply with all treatment recommendations.
However, prosecutors reported in a new motion on June 14 that he not only ignored the mental health assessment but also tried to intimidate his supervising probation officer by contacting the officer’s mother.
Fellows drew the attention of local and national media. His October hearing garnered him interest from The Associated Press who noted that Fellows told the judge he used what he described as a “loophole” he read online to disqualify another judge overseeing an unrelated local case in New York City. Fellows said he listed a phone number for this judge’s wife as his own number in court records to make it appear like he knew the woman.
Fellows said he also asked the public defender who represented him before pushing back the lawyer in the riots case if he should try to replace the federal judge by contacting the judge’s family, but the lawyer l ‘warned that would get him arrested, the AP wrote.
In denying Fellows’ request for release, the federal judge told Fellows he admitted he likely obstructed justice in the New York case and considered it in his riot case, wrote the ‘AP.
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