Federal prosecutors admitted Monday to losing track of one jailed defendant in the storming of the Capitol and conceded that the indictment against him should be dismissed, but they urged a judge to permit the charges to be refiled because of the seriousness of his alleged attack on police during the Jan. 6 riot.
In a highly unusual court filing, lawyers from the U.S. Attorney’s Office said the handling of the case against Texas resident Lucas Denney violated his rights under the Speedy Trial Act. Prosecutors said errors and oversights led to Denney sitting in a Virginia jail for weeks last month as he awaited his first court appearance in Washington, D.C.
“There was nothing intentional or nefarious about the delay. It was an isolated incident, unlikely to happen again, and the time frame —while undoubtedly regrettable — is nevertheless not significantly egregious to warrant dismissal with prejudice,” Assistant U.S. Attorney Jennifer Rozzoni wrote.
But during a chaotic afternoon hearing held by videoconference before U.S. District Judge Randy Moss, defense attorneys for Denney dropped their earlier bid to dismiss the case and instead sought to have him plead guilty before prosecutors could add more charges to a single-count indictment a grand jury returned last week.
The move seemed to take prosecutors and the judge by surprise, since defendants almost never plead guiltyat a federal court arraignment on a grand jury indictment.
“This, obviously, is nothing I was prepared to decide today,” said Moss, an appointee of Barack Obama.
Hellbound and Down 