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In Jan 6 Case Brandon Fellows Got To Represent Himself But Gets Denied Release After Testimony

By Matthew Russell Lee, Patreon Podcast Song Filing  II Video Podcast
BBC - Guardian UK - Honduras - ESPN

FEDERAL COURT, Oct 12 -- Months after the DC Circuit's decisions in US v. Munchel and more recently Tanios, on October 12 DDC Judge Trevor N. McFadden had before him Capitol breach defendant Brandon Fellows, who wanted to represent himself.

Judge McFadden agreed to it, albeit begrudginly. Inner City Press live tweeted it, here.

Now on October 12, Fellow argued for himself - at length - seeking reconsideration of the decision to detain him. Inner City Press live tweeted it here, podcast here:

Fellows: I was with my friend, he was making the biggest decision of his life, KitKat bar or Reece's. Yes, my phone was wrapped in aluminum foil.

 Fellows: I've studies another case before Magistrate Judge Meriweather, about the Kavanaugh confirmation hearing. He actually fought police. In my video, I told the officer, You're super cool. I didn't know any cops were beaten, beating Roseann Boyle (sp)

Fellows: I am not against Ms. Meriweather, in my interaction with her. She put me on $25,000 bond. I don't do well with change. I double down. The government will have videos after the event, Oh yes, I'm commenting some mean things.

Fellows: When you get the report, which I haven't even seen, it will say Brandon is not calling in. I didn't read the contract. I broke character. I was crying as they put the ankle bracelet on.

Fellows: I'm not a druggie. I've never failed a drug test.  I feel like I was a battered wife in training. And yet I still trained myself to deal with the restrictions. I asked my lawyer to speak up. Nothing. Nothing. Nothing.

 Fellows: I found out that the drug test would involve me peeing in front of a stranger. I said no, no, no. But then I went. I note that I don't have contacts, and I am legally blind...

Fellows: I was a troublemaker in high school. My uncle got me involved in wrestling. Now I'm in a lethargic life style. I was kicked off of social media due to being associated with this group. I lost 85% of my income. They were afraid of cancel culture.

Fellows is still going: They are going to allege that I climbed up a wall. I have read about a case in England about a wall. In Albany NY you can go no the capitol grounds. As soon as I left, I shared with CNN who I was. I didn't think I had done anything wrong.

AUSA: Your Honor, he thought out or tried to contact your family to get you off the case. Nothing new has been presented here. There is no reason to let this man out of detention.

Judge McFadden: Mr. Fellows you have the last word. Fellows: I was not trying to sexually harass them. I don't like people who treat me negatively. I'm not afraid of sharing the truth even if it damages me. I offer you context. I am impulsive and I trust too much.

 Fellows: People who have threated to stab me in jail, I've prayed with them. This is entrapment by estoppel (?) I've seen the record, some of them were told to do these things. Knowing the Declaration of Independence I thought I might witness something historic

Fellows: I'm had my life ruined. I'm just trying to show the court that I'm trustworthy. I need the chance. I have always wanted therapy. That's all I have to say. Judge McFadden: I've considered the motion from defendant to reopen the bond determination...

Judge McFadden: I have allowed Mr. Fellows to testify, I'm not sure he had the right to. I now deny the motion to reconsider. I've never given somebody three chances. Maybe you have not gotten along with your probation officers. You are charged with a felony.

 Judge McFadden: Most people facing felony are in custody pending trial (?) [Uh, Bail Reform Act?]

Judge McFadden: The Appeals Court upheld my detention of Mr. Hale-Cusinelli. Here, your conduct post-arrest was repeatedly refusing to comply. You make excuses.

Meanwhile, Inner City Press now month-long attempt to gain access to the videos DOJ used in US v. Padilla before Judge Bates has run into a brick wall - this is not transparency, and we'll have more on it, and these cases.

On Kenneth Harrelson on August 5, Inner City Press filed a letter and motion with Judge Mehta, on its DocumentCloud here.

On August 16, this: "Judge Mehta is in receipt of your email requesting access to the videos filed in United States v. Harrelson, No. 21-cr-28-10.  Under Standing Order No. 21-28, in order for the court to grant Inner City Press access to the videos filed in Mr. Harrelson’s case, you will need to file an application for access pursuant to D.D.C. Local Criminal Rule 57.6."

That rule provides: "Any news organization or other interested person, other than a party or a subpoenaed witness, who seeks relief relating to any aspect of proceedings in a criminal case... shall file an application for such relief with the Court. The application shall include a statement of the applicant's interest in the matter as to which relief is sought, a statement of facts, and a specific prayer for relief."

So, citing the Rule, Inner City Press filed another letter, one page, docketed here

Podcast here.  And Podcast II of August 19 here.

Now on August 19, it's been granted (shouldn't have been necessary): "MINUTE ORDER as to KENNETH HARRELSON (10) granting Inner City Press's 343 Application for Access to Video Exhibits. The United States shall make available to Inner City Press the video exhibits entered into evidence during the detention hearing of KENNETH HARRELSON (10), consistent with the procedures set forth in Standing Order 21-28. Inner City Press is granted permission to record, copy, download, retransmit, and otherwise further publish these video exhibits. Signed by Judge Amit P. Mehta on 8/19/2021."

So now, immediately, put on Inner City Press' YouTube, video here

Similarly, Inner City Press asked DOJ and then Judge Timothy Kelly for access to the videos that DOJ had shown to the court in the case: judicial documents that, under case law, must be made available to the public. But it was denied access, on the theory that Judge Kelly's order earlier in the month limited access to these judicial documents to a particular sub-set of the public.

 Inner City Press on July 27 wrote to Judge Kelly, including in the form of a motion, now on DocumentCloud, here. By noon the next day, July 28, nothing - no responses, no response. We'll have more on this. For now, podcast here; music video here.

Inner City Press live tweeted Riley June Williams on January 25, here. 

  From January 22, song here: Thread here.

 Inner City Press' John Earle Sullivan song on SoundCloud here. 


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