Ohio woman charged in riot seeks release
A federal judge in the District of Columbia has asked prosecutors for additional information before making a decision whether to release a Champaign County woman from custody for her role in the Jan. 6 riot at the U.S. Capitol.
Jessica Watkins, 38, whom the FBI has identified as a member of the Oath Keepers and commander of a local militia, has been in custody since mid-january after being charged with aiding and abetting in the destruction of government property, which carries a penalty of up to 10 years in prison.
She appeared Tuesday afternoon before U.S. District Court Judge Amit P. Mehta in Washington, D.C. via video conferencing because of the ongoing coronavirus pandemic, seeking a release to home confinement.
Judge Mehta noted that his decision on Watkins could have wider implications for others charged in the Capitol riot. As such, he pressed prosecutors on whether the crimes alleged in the case required pre-trial detention under federal code.
“These are issues that are going to affect not just Miss Watkins but potentially dozens and dozens of people who are still in the pipeline,” Mehta said. “I’d like to get some briefing on it. I’d like to have some understanding of the elements that the U.S. Attorney’s Office believes backs up” the position that Watkins should remain in custody.
The judge asked attorneys for both sides to present additional information in time for a follow-up hearing Friday afternoon.
Watkins and Donovan Crowl, 50, also of Champaign County, were among those arrested a little more than a week after the attack, which temporarily disrupted lawmakers from certifying the results of the 2020 presidential election in which Democrat Joe Biden defeated incumbent Republican Donald Trump.
More than a half-dozen Ohioans face charges for their role in the riot, including Warren County residents Bennie Parker, 70, and Sandra Parker, 60, who were were arrested in the past week as co-defendants in the case against Watkins and Crowl.
According to court documents, Watkins and other members of the Oath Keepers militia planned in advance to forcibly enter the U.S. Capitol with other insurrectionists.
Members of the Oath Keepers “believe that the federal government has been co-opted by a shadowy conspiracy that is trying to strip American citizens of their rights,” according to court records. Specifically, it focuses recruitment on former military, law enforcement and first responders.
The group has chapters around the country. In Ohio, Watkins called herself the “commanding officer” of the Ohio State Regular Militia. In an affidavit the FBI filed in court against Watkins, agents said the militia members are dues-paying members of the Oath Keepers.
Federal prosecutors have sought to keep Watkins and others in custody as court proceedings against them continue, noting their involvement in the Oath Keepers and the potential ongoing dangers to the community if they were released.
In court filings, prosecutors argued that Watkins recruited others, trained them and planned for a forced entry into the U.S. Capitol.
“There are no conditions or combination of conditions that will reasonably assure the safety of the community or the defendant’s submission to this court’s authority,” according to the prosecutors’ filing. “Release may be the norm, but the defendant’s actions and the beliefs that inspired her are uniquely threatening to our democratic way of life.”
In a court filing last weekend, Chief Assistant Federal Public Defender Michelle Peterson asked the court to release Watkins to home confinement as proceedings in her criminal case continue.
Watkins, she wrote, was not violent and did not vandalize or destroy property on Jan. 6, entering the Capitol about 40 minutes after others had breached the building. She has no prior history of violence or criminal convictions, spoke to officers and Secret Service members that day, provided her contact information, and turned herself into local police when she learned of her arrest warrant.
And, Peterson wrote, Watkins, “fell prey to the false and inflammatory claims of the former president, his supporters and the right-wing media.”
“Although misguided,” Peterson added, Watkins “believed she was supporting the Constitution and her government by providing security services at the rally organized by Mr. Trump and the Republican lawmakers who supported his goals.”
However, Peterson filed a clarification with the court late Monday, saying that Watkins spoke with Secret Service members early in the day on Jan. 6 while moving through a checkpoint at Trump’s protest rally.
“She certainly did not mean to suggest that she was hired by the U.S. Secret Service to perform security. Counsel again apologizes for any confusion created by the inartful language used in the motion.” mkovac@dispatch.com @Ohiocapitalblog