The seditious conspiracy trial of Proud Boy ringleader Henry Tarrio and four of his “boys” facing allegations that they tried to forcibly stop the nation’s transfer of power on Jan. 6, 2021, has moved at a grinding pace. Objections are lobbed feverishly by defense attorneys and mistrials are called for on a near-daily basis.
There have been no less than nine calls for a mistrial by the defense in the past 12 days and attorneys for the defendants, Henry Tarrio, Joseph Biggs, Ethan Nordean, Zachary Rehl, and Dominic Pezzola, have cited an array of reasons, from grievances over previously agreed-upon evidence to the frequently unflattering testimony from witnesses for the government.
The requests to end the trial are so common that presiding U.S. District Judge Tim Kelly, a Trump appointee, even remarked to defense attorney Carmen Hernandez on Monday when she made her last request: “It wouldn’t be a day in this trial if there wasn’t a call for a mistrial.”
Judge Kelly has denied all of these requests thus far and as far as objections go, he has given parties on both sides regular opportunities to course-correct or reframe their questions or presentations. But nevertheless, the regular flow of disruptions and frequent infighting over evidence has made individual court days drag out: Witnesses so far have largely been unable to complete testimony in a single day, or even in two.
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