Alleged January 6 rioter from Iowa wants “rioters,” in other words not used in the trial

TO NEED. A CEDAR RAPIDS MAN SEEN IN SENATE SQUARE DURING THE SIX JANUARY ATTACKS ON THE US CAPITOL. A charge against him dropped a new jurisdiction and certain words and evidence dropped from his trial. LEO KELLY FACES A SERIES OF APPLICATIONS, INCLUDING AN INVESTIGATION FOR OBSTACLE OF PROCESS, FOR HIS ROLE IN THE 2021 RIOTS. HIS DEFENSE WANTS THE CHARGES TO BE LEFT SO THE CERTIFICATION OF THE ELECTORAL COLLEGE IS NOT AN OFFICIAL PROCEDURE. THEY WANT TO DROP OTHER FEES ALSO AS THEY SAY THAT THEY ARE TOO SIMILAR. THE DEFENSE ALSO WANTS HIS PHONE EVIDENCE THROWN ALONG WITH AN INTERVIEW THROW THAT HE DIDN’T OBTAIN HIS MIRANDA RIGHTS. YOU ALSO WANT CERTAIN TERMS NOT USED DURING THE TRIAL, INCLUDING

Alleged January 6 Iowa rioter wants “rioter” and other words not used in trial

A number of motions have been filed ahead of the trial of a Cedar Rapids man seen on the Senate podium during the Jan. 6 attack. Kelly is facing seven charges over his role in the 2021 riots, including a charge of obstructing an official proceeding. His defense wants those charges dropped, saying electoral college certification is not an official process. Kelly’s defense also wants other charges dropped because they are too similar. These charges include counts two through seven, knowingly entering or remaining in a restricted-entry building, disorderly conduct in a restricted-entry building, entering and remaining on the Congress floor, entering and remaining in designated areas of the Capitol, disorderly conduct in a Capitol, and the Parading, demonstrating, or picketing at a Capitol building. His defense says convictions of all of these charges would violate the constitution’s double jeopardy clause on the Capitol and its grounds on January 6, 2021, an area the government believes was off-limits on that date,” the filing reads. His defense suggests he cannot get a fair trial in Washington, DCKelly’s defense wants to exclude certain words, phrases and photos, including his mugshot to Proud Boys and former President Donald Trump’s lawsuits, among others. The defense also wants his phone evidence thrown in, along with an interview saying he didn’t get his Miranda rights. A judge has not ruled on any of the motions. Previous coverage:

A number of motions have been filed ahead of the trial of a Cedar Rapids man seen on the Senate podium during the Jan. 6 attack.

Leo Kelly’s defense wants the charges against him dropped, a new forum established, and certain words and evidence removed from his trial.

Kelly faces seven charges for his role in the 2021 riots, including a charge of obstructing an official process. His defense wants those charges dropped, saying electoral college certification is not an official process.

Kelly’s defense also wants other charges dropped because they are too similar. These charges include counts two through seven, knowingly entering or remaining in a restricted-entry building, disorderly conduct in a restricted-entry building, entering and remaining on the Congress floor, entering and remaining in designated areas of the Capitol, disorderly conduct in a Capitol, and the Parading, demonstrating, or picketing at a Capitol building. His defense says convictions on all of these charges would violate the constitution’s double jeopardy clause.

“The counts of the indictment expose the defendant to a double and even a triple risk for the same alleged acts. That is, the act of being in the Capitol and its grounds on January 6, 2021, an area the government claims was restricted that day,” the motion reads.

They want his trial moved out of Washington, DC and suggest the Eastern District of Virginia or the Northern District of Iowa. His defense suggests he cannot get a fair trial in Washington, DC

Kelly’s defense wants to exclude certain words, phrases and photos, including his mugshot.

They want to exclude the words “rioters,” “violation,” and “rioters,” including references to Proud Boys and former President Donald Trump’s lawsuits.

The defense also wants his phone proof to be thrown in, along with an interview saying he didn’t get his Miranda rights.

A judge has not ruled on any of the motions.

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