Attorney: CT Woman charged in D.C. protest didn’t know she was on Capitol grounds

The attorney for Groton resident Victoria Bergeson, charged in connection to Wednesday’s protests in Washington, said he will seek a jury trial, arguing that his client was not aware she was on U.S. Capitol grounds when she was arrested.

“People assume she’s part of that crazed mob,” attorney Sam Bogash said Saturday. “She was never even that close to the building.”

Bergeson, 40, was one of two people identified as from Connecticut who were arrested and charged after a mob stormed the Capitol building in an attempt to stop the certification of Electoral College votes in favor of Presidentelect Joe Biden.

Bergeson was arrested with Maurcio Mendez, 40, also of Groton, who Bogash said was his client’s boyfriend. Bogash is not representing Mendez. Both were charged with curfew violation and unlawful entry.

“The official charge is unlawful entry on Capitol grounds,” Bogash said, a misdemeanor, though it meets the threshold for a jury trial. The charge carries a maximum sentence of six months in prison.

“I think this has to go to trial,” Bogash said. “For her to be convicted, the government would have to prove that she was knowingly on Capitol grounds when she shouldn’t have been. I don’t think they can prove she knew she was on Capitol grounds.”

Bogash said Bergeson was among 18 other people at the Peace Monument, according to Bogash. The statue was erected in 1878 to commemorate naval deaths during the Civil War.

“Cars go around it,” Bogash said. “I don’t think half the people in D.C. know that’s Capitol grounds. They thought they were standing on a traffic circle 100 feet from the lawn that leads up to the Capitol building, but it was Capitol grounds.”

Bogash said his client has no prior arrests.

As of Friday, 82 people had been arrested following the events of Jan. 6, most charged with curfew violations. Washington Mayor Muriel Bowser imposed a curfew as of 6 p.m. Jan. 6.

According to an arrest log, Bergeson and Mendez were arrested around 7:15 p.m. An arrest affidavit said police issued three warnings for Bergeson and five other women to “disperse and go inside.”

An arrest affidavit for Mendez’s arrest said he was arrested at the same location and time with eight other men.

A police officer and four alleged participants died when the mob overran Capitol police and entered the seat of government. One was shot and killed inside, police said, and three others died from medical emergencies.

A judge later banned Bergeson and others from entering Washington, over objections from Bogash, who called the ban “a little extreme.”

She is due in court on June 10.

Jose Luis Magana / Associated Press Supporters of President Donald Trump climb the Peace Monument, also known as the Naval Monument or Civil War Sailors Monument, during a rally at the U.S. Capitol on Wednesday in Washington.