The first January 6 defendant to go on trial is asking a federal judge to throw out his conviction and to schedule a new trial, in what's expected to be an important test case for scores of US Capitol riot prosecutions.
In a series of court filings on Monday, defense attorney Bill Welch argued that the defendant, Guy Reffitt, may have been guilty of trespassing when he joined the mob that attacked the Capitol on January 6, 2021, but not of other, more serious crimes."As soon as Mr. Reffitt was pepper sprayed, that was the end of it, and he sat down on the banister railing," Welch wrote.
A dozen judges at the trial-court level have sided with prosecutors when defendants have fought the charge, and one judge has sided with a defendant.Judge Dabney Friedrich, who presided over Reffitt's trial, previously indicated she would rule against his legal arguments asking to be acquitted, which defense attorneys are allowed to file at the conclusion of a trial. The filings on Monday set the stage for Reffitt's team to pursue appeals.Reffitt is scheduled to be sentenced on June 8.
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