If the late Jeffrey Epstein's alleged partner in sex trafficking can be granted a laptop 13 hours a day to actively participate in her defense, why not January 6 defendants? The jailhouse accommodation for Ghislaine Maxwell is the most prominent example cited in a bail application for alleged Capitol rioter Dominic Pezzola, submitted to D.C. federal court Friday.
Not only is Pezzola unable to "Adequately" view the voluminous text, audio and video evidence held by the prosecution, but like all other January 6 defendants housed a short drive from the U.S. Capitol, his right to attorney-client privilege is functionally meaningless, his lawyers Marty Tankleff and Steven Metcalf argue.
Pezzola has "Literally been in his cell for 22 or 23 hours a day," the filing says.
File DEFENDANT PEZZOLA'S MOTION FOR BAIL TO PLACE DEFENDANT ON CONDITIONAL RELEASE PENDING TRIAL July 9 2021.pdf The jail has a record of discriminating against Pezzola, sending him to "The hole" multiple times without a "Reasonable penological reason" but rather as retaliation or harassment, the filing claims.
Unlike with Maxwell, who allegedly arranged Epstein's sexual encounters with minors, the government can't come close to showing Pezzola is a flight risk, as the court determined months ago, the bail motion says.
Two are based on Pezzola picking up a "Riot shield" dropped by a U.S. Capitol officer, and the third - obstructing an officer from responding to "Civil disorder" - did not stop release on bond for defendant Michael Foy, alleged to have struck at officers "At least 10 times" with a hockey stick.
Depriving Pezzola the same leniency violates his equal protection rights, especially in light of federal prosecutors dropping charges against the vast majority of arrestees nationwide who looted and rioted following George Floyd's death, the motion says.
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