Trial opens for Army reservist charged with storming Capitol
WASHINGTON — A U.S. Army reservist who worked on a Navy base stormed the U.S. Capitol because he wanted to kick off a civil war and create “a clean slate,” a federal prosecutor said Tuesday at the start of the New Jersey man’s trial.
But a lawyer for Timothy Hale-Cusanelli told jurors that “groupthink” and a desperate desire “to be heard” drove him to follow a mob into the Capitol. Hale-Cusanelli shouldn’t have entered the building on Jan. 6, 2021, defense attorney Jonathan Crisp acknowledged during the trial’s opening statements.
“But the question of why he was there is what is important,” Crisp added.
Hale-Cusanelli is charged with obstructing the joint session of Congress convened to certify President Joe Biden’s electoral victory. He isn’t charged with engaging in any violence or property destruction that day.
Assistant U.S. Attorney Kathryn Fifield played a video that captured Hale-Cusanelli yelling profanities at police officers guarding the Capitol and screaming, “The revolution will be televised!”
“This was not a peaceful protest,” she said. In pretrial court filings, prosecutors presented evidence that coworkers described Hale-Cusanelli as a white supremacist, a Nazi sympathizer and a Holocaust denier who wore a Hitler-style mustache to work. On Hale-Cusanelli’s cellphone, investigators found photos of him with the distinctive mustache along with pro-Nazi cartoons.
It’s unclear from online court filings how much of that evidence, if any, will be admissible at trial. In her opening statements, Fifield only made a brief reference to HaleCusanelli having bigoted views about Jewish people.
Crisp has argued that any testimony about Hale-Cusanelli’s alleged statements about Jewish people and their role in the U.S. government would be “highly prejudicial in nature without substantive value.”
Crisp said Hale-Cusanelli believed then-President Donald Trump’s false claims about a stolen election. But the defense attorney said Hale-Cusanelli went to Washington, D.C., to peacefully protest, wearing a suit while many others wore tactical gear.
Hale-Cusanelli’s trial is the fifth before a jury and the seventh overall for a Capitol riot case. The first four juries unanimously convicted the riot defendants of all charges.
U.S. District Judge Trevor McFadden, who is presiding over Hale-Cusanelli’s trial, decided two other Capitol riot cases after hearing testimony without a jury. After bench trials, McFadden acquitted one of the defendants of all charges and partially acquitted the other.