By Mark Hosenball

WASHINGTON (Reuters) – A federal judge set a Friday hearing for a possible ruling on a request to be released from pre-trial detention by a member of the far-right Proud Boy movement facing charges related to the Jan. 6 U.S. Capitol riot.

Dominic Pezzola’s lawyers from Rochester, N.Y. are currently being held in Washington D.C. custody. They claim that their restrictive prison conditions prevent them from consulting with their client, and allow him to examine potentially relevant evidence such as 7,500 investigative memos and 100 days video.

Steven Metcalf (defense lawyer) said Pezzola’s mother and common law wife would be willing to set up a family home for bail security.

Pezzola’s lawyers claimed that prison visits to their client were difficult to organise and that telephone calls have been blocked. Martin Tankleff, a defense lawyer said that prison officials hadn’t contacted Pezzola’s lawyers about granting them greater access to their client. However, prosecutors knew of this issue.

As Congress was certifying Joe Biden’s victory in November’s presidential election, a riot broke out among supporters of Donald Trump. Last week, prosecutions said that over 600 were charged with riot related offenses.

Pezzola is facing charges of conspiracy, civil disorder, and illegally entering restricted building.

Pezzola is being accused by the prosecution of “serious risk to the community” and “serious flight threat.”

According to a court filing by the government, Pezzola used a police shield as a barrier to open a window to allow other protestors into the Capitol.

Pezzola, according to prosecutors, chased an officer into the Capitol and then smoked a pipe while boasting about it.