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U.S. judge allows accused Capitol rioter to act as own attorney By Reuters

by Mike Robinson

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© Reuters. FILE PHOTO. The U.S. National Guard stands guard behind the razor-wire fence that has been erected around the Capitol following the January 6th Riot. This is in preparation for the U.S. inauguration on January 14th 2021. REUTERS/J

By Mark Hosenball

WASHINGTON (Reuters) – A federal judge agreed on Thursday to a New York state man’s request to defend himself against felony charges of participating in the Jan. 6 assault on the U.S. Capitol, although he warned him it was unwise.

U.S. district Judge Trevor McFadden was skeptical about Brandon Fellows’ wisdom. Fellows is a 27-year-old Schenectady resident who acts as his lawyer.

McFadden said to Fellows, “A skilled lawyer would defend your case far better than you could defend yourself.” McFadden stated that he strongly advised Fellows not to defend themselves.

The judge eventually allowed Fellows to defend themselves with Cara Halverson, a public defender, acting as standby counsel.

According to FBI, a photograph of Fellows riding his motorcycle at Capitol wearing fake red hair is part of an FBI arrest warrant. According to the affidavit, a video on social media shows Fellows lying down on a desk in the U.S. Senator Jeff Merkley.

Fellows was originally released on bail. However, after the prosecutors said Fellows had attempted to intimidate both his probation officer (and her mother), he was placed in pretrial custody.

U.S. District Judge Christopher Cooper was also informed by Elizabeth Aloi on Thursday that Thomas Robertson (felony riot) and Jacob Fracker had both rejected plea offers.

Aloi indicated that the prosecutors could continue discussions with Fracker after his lawyer suggested that Robertson might accept a non-related plea deal.

Robertson is currently in pretrial custody, but Fracker has been released on bail.

An earlier prosecutor informed U.S. District Judge EmmettSullivan that five of the defendants on felony-riot charges are being discussed with prosecutors. These defendants were accused of attacking D.C. officers guarding Capitol with items including a leg crutch, flagpole and baton.

The Jan. 6 deadly violence was sparked by a Donald Trump speech at a nearby rally in which he claimed that widespread fraud caused his loss of the November elections. More than 600 were charged.

Nearly 50 people have already pleaded guilty and nine of them admitted to felonies.

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