BY HOLLY KAYS On Jan. 6, the day the U.S. Congress was STAFF WRITER slated to certify the results of the November ewis Easton Cantwell, a Sylva resident presidential election, a mob of Trump supfacing charges related to the Jan. 6 riot porters who believed the election had been at the U.S. Capitol Building, was stolen marched on the Capitol building. expected to strike a plea deal during a virtuMany of them entered it illegally, clashing al court hearing last week but instead with law enforcement officers at the announced a change in representation, entrances and even breaching the chamalong with a request to continue the case bers. Members of the House and Senate — into 2022. then in the process of certifying the votes Both Judge Emmet Sullivan and U.S. Attorney Jacqueline Schesnol said during the Dec. 10 hearing that the change of plans was a surprise to them, as they’d expected to move forward with the plea deal under consideration. However, once Sullivan opened the hearing, California-based Attorney Nic Cocis entered his request to replace Eduardo Law enforcement patrols Washington, D.C. on Balarezo as Cantwell’s attorney of Inauguration Day. Jeffrey Delannoy/SMN photo record and to continue the case. A hearing is now scheduled for 1 p.m. Friday, that made Joe Biden the next president — Feb. 4. were forced to evacuate ahead of the “This case is complex,” Sullivan told oncoming rioters. Cocis. “You have a lot to get up on. If you The grand jury indictment alleges that need a later date, I’m happy to give you a Cantwell was part of the melee. During a later date.” Feb. 22 phone interview, Cantwell admitted “The fourth is OK for now,” Cocis he was there but said he never attacked anyresponded. one and didn’t go inside the Capitol Balarezo, whose website describes him Building. At most, he said, he’s guilty of as “nationally and internationally recogtrespassing. nized for his representation of many highThroughout the legal process, Cantwell profile clients,” had been representing has been asked to exclude the time between Cantwell since his first appearance before hearings from federal calculations that Sullivan on March 2. Both Cocis and ensure defendants’ right to a speedy trial. Balarezo have experience representing Jan. Much of the delay has been due to the large 6 defendants. number of materials involved in discovery “We were prepared today to go forward for Jan. 6 defendants. with the change of plea,” Schesnol said durAccording to a Nov. 5 memo filed in ing the hearing. “I have noticed Mr. Cocis Cantwell’s case, at that point the governthat the government cannot make a promment had provided more than 23,000 surise to guarantee that the plea agreement will veillance footage files as discovery in Jan. 6 be kept open, because it changed sort of cases. The government planned to release suddenly, so we need to evaluate the situaadditional file types on a rolling basis tion.” through the end of the year, including However, she added, due to the short Metropolitan Police Department internal time period between now and Feb. 4, the investigation reports, case-specific discovgovernment “probably” will be able to ery for other defendants, footage obtained extend the plea deal. from news media, custodial statements of “I would seriously encourage the governother defendants, and more. By the end of ment to keep it open at least until February January, the memo said, the government 4,” said Sullivan. intends to provide the discoverable porCantwell, 35 at the time he was charged tions of several hundred thousand FBI Feb. 17, faces six charges that combined records — a substantial portion of which carry a maximum sentence of 28 years in may not be directly related to any of the prison. In the first two counts, the most defendants — and an inventory of any serious of the six, the grand jury indictment materials not yet uploaded so that defenaccuses Cantwell of interfering with a law dants can request any specific material enforcement officer while committing a deemed relevant. civil disorder that adversely affects a “feder“At that point the defense will either ally protected function” and of “corruptly” have or have access to the vast majority of obstructing a Congressional proceeding by potentially relevant materials in our possesentering and remaining in the U.S. Capitol sion,” the memo reads. “Given the scope of without permission and “committing an act the existing investigation and its on-going of civil disorder, engaging in disorderly and nature, we expect that we will continue to disruptive conduct and destroying federal obtain materials, which we will produce property.” expeditiously.”
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Plea agreement delayed in Sylva man’s Jan. 6 case
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December 15-21, 2021 Smoky Mountain News 15
