Dominic Pezzola case update regarding modification to his release - hearing set for the afternoon of March 1st

Government’s Opposition and Defendant Pezzola’s Feb 28th Reply to the Oppo - the video allows you to see exactly what the Prosecutors are arguing and it’s bad for the Defendant

by way of background and in chronological order - you might find retreading these two previous articles informative;

• February 12, 2021 in this article I walked you through both Pezzalo and Pepe’s criminal complaint(s) and the subsequent indictment.

• Thereafter on February 22, 2021 I wrote about the other important developments and updates to Pezzalo’s criminal case, post indictment. Specifically highlighting Pezzalo’s Motion to Modify Conditions of Release.

Pursuant to the Court’s February 22, 2021 MINUTE ORDER (ECF) as to DOMINIC PEZZOLA (1): It is hereby ORDERED that the parties shall appear through videoconference on March 1, 2021, at 2:00 p.m. for a hearing on Defendant DOMINIC PEZZOLA's (1) 19 Motion to Modify Bond.

Government’s Memorandum in Opposition

Memorandum in Opposition by USA as to DOMINIC PEZZOLA re 19 MOTION to Modify Bond to Place the Defendant on Conditional Release Pending Trial - Document No 21 (ECF)

Let’s walk through the Government’s Opposition… in sum the Government’s position is the Magistrate Judge made the correct ruling, ordering the defendant be detained pending trial. Not to belabor the point, last week I walked you through Defendant Pezzalo’s Motion to Modify his Release, found here. The reason I am pointing you to previous articles is it will help you understand the context and content of the Government’s Opposition to the Defendant’s Motion.

The government’s opening salvo in their opposition can be summed up as, on January 5, 2021 Pezzallo traveled (by car) from Syracuse NY to Washington DC, he then stayed in a Hotel (presumably within the District of Columbia) with other members of the Proud Boys. During the deadly January 6, 2021 Insurrection Pezzalo… “the government will re-proffer some of those facts below for this Court’s convenience in assessing this opposition motion…

..along with adding some additional facts.”

Remember how I pointed out that Defendant’s new position that he didn’t associate with the Proud Boys until the January insurrection strained credulity? Well then - here we are -see red circle - talk about proximity and “mugging”

“…defendant was photographed mugging for the camera in Proud Boys gear, along with the group’s trademark colors of black and yellow, smoking a cigar…Wearing a “FAFO” on the shirt stands for “F*** Around and Find Out,” and it if flanked by two rifles..

In previous filings (both in the Pezzola & Pepe indictment and those of other defendants) prosecutors have included photographic evidence but typically those photographs were largely zoomed in or cropped. In the Government’s opposition they included a new photograph that shows just how out numbered the US Capitol Police really were. Specifically around the northwest pedestrian entrance to the Capitol grounds on First Street.. the outer perimeter and how Pezzalo lead the group to the second (inner perimeter) and became both physically and verbally hostile towards law enforcement.

If you paid attention to a recent video I published regarding the Proud Boys, specifically Defendant Chrestmen and newly charged Ryan ASHLOCK - and the Orange Fluorescent Tape. You’ll note that both Pezzalo and Pepe are in the Group of Proud Boys marching and chanting “who’s streets… our streets”

This is further confirmed in the Government’s filing, on page 10 via footnote # 2 - which reads in part:

…pedestrian entrance at First Street NW to the barriers where Pepe was pictured pulling one aside to the plaza in front of the Capitol, near the front line of USCP. Those that have been charged so far include Pezzola and Pepe, along with Joseph Biggs¹ (21-mj-126), Ethan Nordean² (21-mj-195), William Chrestman (21-mj-218), and Christopher Kuehne, Louis Colon, Felicia Konold, and Cory Konold (charged collectively in 21-mj-216³).

The Government appears to infer the exact moment that Pezzalo stole the US Capitol Police riot-shield and then provides additional videos and still frames from the video - depicting Pezzalo aggressively screaming at law enforcement in a menacing and threatening manner- but the exact moment isn’t actually proffered.

The Government’s rebuttal to Defendant Pezzalo’s narrative (I’m paraphrasing here) I’m a good boy I would never try to abscond if I was released from custody because my entire life is in Rochester, the Government shut that down with precision and brutality

“he would not flee because his entire life is in Rochester - statement is belied by his actions between January 9 and January 15 (when he turned himself in)—he fled from Rochester to Buffalo to New York City to Philadelphia, according to W-3, before the FBI came looking”

The thumb drive and the footnotes - and the Defendant’s previous argument that he wouldn’t even know how to open a thumb drive much less load the purported documents…

“… material on the defendant’s thumb drive… easily tops 1,000 pages, and while some titles sound innocuous, the vast majority of titles speak to improvised weapons, ranging from DIY guns to poisons to explosives…”

In sum and substance the Government’s Opposition which reads like a point by -counterpoint, devastating brief of why the Court should not grant Pezzalo’s Modification for Release. Incidentally the Government also disclosed (for the first time) two previously undisclosed witnesses. In short the Government’s reply is 32 pages of facts with actual receipts to back up there facts.
That said there are two areas of concern in their opposition that might be problematic - the lack of actual evidence showing Pezzola “violently taking a law enforcement officer’s shield” and any evidence that he was physically violent to law enforcement.

on February 28, 2021 Defendant Pezzola filed his “response” to the Government’s Opposition found here - in the spirit of being fair and providing you with equal filings, a cursory read of Pezzola;s rely - it is entirely underwhelming. Pezzola attempts to minimize his actions by stating;

“…allegation is that he marched to the Capital, went passed police, broke a window and entered as part of the massive group that entered. Once inside there is no claim that he attempted to injure anyone nor destroyed any property except the window used to gain entry”

To Pezzola’s credit he does make a quasi convincing argument that the Prosecution had yet to provide either BWC footage or any other video that conclusively shows Pezzola “took the shield by force” - granted in the Government’s Opposition they proffered numerous screen shots that appear to show the before and after but unfortunately they did not provide either photographic or video evidence that shows the exact moment Pezzola unlawfully purloined the “shield”

Conversely Prosectors have yet to proffer evidence that Pezzola was aggressive and/or that he used physical force to unlawfully obtain the shield. Granted the inference is there but the Defendant does have a point. Notwithstanding it is inarguable that Pezzola used that shield to brake a window, where countless insurrectionist used to enter the Capitol.

No. Just. No. If you watch the video included the second scum depicts Pezzola yelling at another protester that “why don’t you shut up - okay - I took this from a f-ing cop” - the audacity in Footnote # 3 is beyond belief. I get it Pezzola’s defense attorney is dealing with a pretty lousy hand of cards but that doesn’t give license to file a misleading reply.

“One person is recorded as “claiming they took a shield from a cop” but it is not clear who the declarant is nor that the claim is accurate rather than false braggadocio…”

Oh I see the defense is going with the “I was gullible” and the (then) POTUS lied to me, I am the victim here and my intentions were honorable” defense of the indefensible strategy…

Oh and the footnotes in Pezzola’s response. Come on this is one of the defense strategies that make me see red. Here Defendant Pezzola’s averment to “his intentions were honorable” and “he swore an oath to defend and protect the Country” and being in custody is akin to “mental torture” Pardon me - you are the one who willingly associated with the Proud Boys. You decided you were such a bad-a_s that “mean mugging” before cameras while also threatening law enforcement. No. Stop. Just. Stop. Because your reply is almost as believable as Donald Trump is an honest man. No Sale

Pezzola has a detention hearing⁴ set for Monday March 1st in the mid afternoon so I would BOLO for the District Court Judge’s ruling on his motion to Modify his Conditions of Release. Given these recent filings I retract my previous guess that he was actively engaged in a Plea Agreement. As these filings prove the Defendant and Prosecution have a canyon between them. -Filey

1. January 19, 2021, Joseph Biggs has been charged by criminal complaint for violations of 18 U.S.C. §§ 1512(c), 1752(a), and 40 U.S.C. § 5104(e)(2)(D) and (F). United States v. Joseph Biggs, 21-mj-126. The Biggs affidavit. and January 27, 2021, a grand jury returned an indictment that charged Gieswein with violations of 18 U.S.C. §§ 1512(c)(2), 111(a)(1) and (b), 1361, 2, and 1752(a)(1). United States v. Robert Gieswein, Case No: 21-cr-24. Which was previously detailed in this article

2. Ethan Nordean search warrant

3. Kuehne, Louis Colon, Felicia Konold, and Cory Konold - found here

4. Government Opposition via my public drive - Defendant Pezzola’s February 28th Reply found here.