Capitol Breach Defendant Who Wielded Hockey Stick Calls Jail a’Grave Individual Rights Noun’ Together with’No Time in Front of the Television’

A Michigan man accused of wielding a hockey stick wrapped at a Trump 2020 flag during the Jan. 6 siege about the U.S. Capitol has asked a federal judge to reconsider his request to be released from prison pending trial.  The defendant states that he didn’t pose a danger to the neighborhood also argues the conditions at the jail where he’s being held are basically a kind of torture.
In the first criminal complaint from Foy, the FBI recognized a video from an online New York Times article which seemed to show the suspect”aggressively swinging the stick at an individual lying on the floor “
“The report indicates that the video footage has been shot during the attack using a law enforcement officer,” the charging papers said. “Especially, the video shows a large crowd of people gathered around a entry to the U.S. Capitol. It further reveals the man with all the hockey rod lifting the rod above his head and glancing it down fast, striking a person on the floor several times. At no stage does it appear that the individual on the floor is behaving aggressively, but nor does it appear that the attack in warranted “
But Foy’s lawyer argued that the government cannot continue to justify his continued detention under controlling precedent regarding bond for Capitol rioters. In the mentioned case, Muchel v. U.S., Judge Robert L. Wilkins, a Barack Obama appointee, wrote that prosecutors should demonstrate that the person they are trying to imprison”introduced an articulable threat to the neighborhood in view of their behavior on Jan. 6″
In accordance with Foy, his aim”was to not use the hockey stick as a weapon” His motion contains no favored excuse for why he attracted the stick to the capitol building in the very first location.
“Really, when Mr. Foy set out to attend this demonstration, he deliberately left his officially owed firearm in the home, precisely because he did not intend to stir up trouble or lead to violence. Mr. Foy’s use of this hockey stick cannot possibly be the foundation for detaining if there is no fact that the government can point to this indicates his intent to utilize it in an assault,” the motion said.
Foy’s lawyer also claimed that keeping him detained Washington, D.C.’s Correction Treatment Facility under current Covid-19 limitations is much worse compared to solitary confinement under ordinary conditions.
“Individuals at CTF and also the D.C. Jail have been closed down for 23 hours per day as April of 2020. When incidents happen — and there were many — taxpayers lose their only remaining free hour per day. For any individual, such circumstances signify a’grave human rights abuse,”’ Foy’s motion said. “It means no societal visits, video or otherwise, no dressing, no time facing the tv — none of those tiny decencies that make jail even a tiny bit bearable.”
Foy has been charged with obstruction, trespassing, and forcibly assaulting, resisting, or interfering with the officer of the United States — one of the matters. He is appearing practically before Judge Tanya S. Chutkan today to get a hearing about his motion to be released on bail.
Read the motion below.
Michael Foy Motion by Law&Crime on Scribd