After the Texas man was arrested in December, he didn't have another hearing for nearly three months, causing prosecutors to quickly indict him on one count after he initially faced eight counts.
, assaulting police with a deadly weapon, engaging in physical violence and other charges. He made his first court appearance the next day. Three days later, he was ordered to be held in jail until trial and was to be moved to D.C. for further proceedings.But then, as Denney was moved from Texas to a jail in Virginia, the prosecutors and courts lost track of him.
In the hearing that afternoon, U.S. Magistrate Judge Zia M. Faruqui repeatedly expressed his outrage at the treatment of Denney, who had gone nearly three months without a hearing or a formal set of charges. He apologized to the defendant.“Mr. Denney,” the judge said, “there’s no excuse to treat a human being like that. It is not how I would want to be treated. And you are presumed innocent.
Assistant U.S. Attorney Jennifer M. Rozzoni of New Mexico, one of many assistant prosecutors being detailed to the Jan. 6 prosecution from around the country, acknowledged that the government had broken the required time limits in the case. She said the indictment should be dismissed without prejudice, meaning it could be refiled. She submitted a series of emails between Pierce, prosecutors and court officials showing there were attempts to get Denney into court, but nothing was resolved.
Before both sides could argue that on Thursday, the case took another turn Wednesday: Denney’s lawyers declared his intention to plead guilty to just the one assault charge, avoiding the more serious conspiracy to obstruct an official proceeding charge, with a possible sentence of up to 20 years.
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