It has been greater than a 12 months for the reason that January 6 riot on the U.S. Capitol, and nonetheless not one of the defendants charged within the assault have gone on trial. Though a couple of are anticipated to begin within the coming months, a Justice Division official instructed CBS Information, protection attorneys imagine that a number of the a whole bunch of trials will lengthen into the 2024 presidential election.
Katie Cusick has made peace with the lengthy wait forward. "There is a looming cloud over our head," she mentioned.
Her father and brother are among the many a whole bunch of January 6 defendants awaiting trial dates and the re-opening of the Washington, D.C. federal court docket, the place U.S. Capitol assault instances are being prosecuted.
"They're annoyed by the delay and the progress," she mentioned.
Jim and Casey Cusick, of Melbourne, Florida, are among the many roughly 730 defendants in January 6 prosecutions. The 2 have pleaded not responsible and are free from custody, pending trials. However their protection lawyer has suggested the boys their instances aren't more likely to shut till at the very least 2023.
They are not alone. Not one of the January 6 defendants have gone on trial but, greater than a 12 months after the assault. Solely 5 are anticipated to take action earlier than April, a Justice Division official instructed CBS Information.
One protection lawyer, who's dealing with the Cusick's case and the instances of a collection of different January 6 defendants, instructed CBS Information he expects some instances to stay open via the subsequent presidential election in November 2024.
The Justice Division is navigating distinctive and profound logistical issues with its January 6 instances. The D.C. federal courthouse stays closed to jury trials via at the very least February 7, resulting from COVID dangers. Most hearings are occurring digital, via Zoom and telephone connections. However trials should happen in particular person contained in the courthouse, which is a brief stroll from the U.S. Capitol.
The company can also be making an attempt to corral an unprecedented avalanche of proof. The U.S. Capitol riot prosecution, which the company has characterised as one of many largest felony instances in U.S. historical past, is saturated with suggestions and attainable proof.
In a collection of current court docket filings, the Justice Division mentioned there are 14,000 hours of Capitol surveillance video, 250 terabytes of information and greater than 200,000 suggestions from the general public. Together with a rising assortment of social media posts, telephone movies and witness interviews, federal prosecutors try to handle and manage a rising tower of proof and supplies.
This week, the company notified a choose there's nonetheless "work to do" in making ready the proof for the court docket, protection attorneys, defendants and trial.
"This investigation has generated an infinite quantity of proof," the Justice Division mentioned in a court docket submitting Thursday, as a part of its request for a time extension within the case of a defendant from New Jersey.
Judges have set some trial dates, together with within the high-profile instances towards accused OathKeepers conspirators. A few of these trials are scheduled to start in April, whereas others are anticipated in July and September. The later dates embrace defendants charged with seditious conspiracy, a few of whom are in pretrial detention.
CBS Information has discovered roughly 40 defendants in January 6 instances are in pretrial detention within the Washington, D.C., jail, a few of whom have spent almost a 12 months behind bars, with out agency trial dates. Judges have mentioned the instances involving defendants in pretrial custody must be prioritized for the sooner trial dates.
Katie Cusick mentioned her household agrees her father and brother's case and trial date ought to wait till the higher-level jailed defendants have a chance to face a jury. "They've it a lot worse than we do," she mentioned.
Defendants aren't the one ones keen for his or her day in court docket. U.S. Capitol Police officer Harry Dunn, who withstood bodily assault and racial epithets whereas serving to his colleagues defend the Capitol on January 6, is predicted to be a witness in trials involving a number of the higher-level defendants.
Dunn instructed CBS Information his fellow officers are wanting to see justice served, however they perceive the rationale for the rising delays. "It is definitely worth the wait," Dunn mentioned. "You have to be affected person."
A CBS Information assessment of the D.C. federal court docket docket discovered Man Reffitt of Texas would be the first to go on trial. Reffitt has pleaded not responsible to a collection of federal costs. He's accused of carrying a gun whereas amid the mob confronting cops on January 6. The trial is scheduled to start February 28 at 9 a.m., if the court docket doesn't lengthen its closure to most in-person operations, together with juries, past February 7.