U.S.: Limit suspect’s data in riot defense

GRAVETTE — Federal prosecutors don’t want an Arkansas man to get “unencumbered access” to discovery databases that contain “voluminous and often extremely sensitive materials” — including thousands of hours of video — from the U.S. Capitol riot on Jan. 6, 2021.

Richard “Bigo” Barnett, 61, of Gravette, needs “unencumbered access” to discovery materials in government databases to better prepare for his defense, according to a court filing from his attorney, Joseph D. McBride.

But prosecutors disagree. “To grant the defendant ‘unencumbered access’ to the databases in question would pose a significant danger to the many individuals and entities whose sensitive data appears within them,” according to a motion filed Monday by Assistant U.S. Attorney Mary L. Dohrmann.

McBride has access to the materials in the Discovery.com database and can share them with Barnett “subject to the terms of the protective order concerning videos designated as sensitive or highly sensitive,” wrote Dohrmann.

“Defense counsel may share even highly sensitive materials to defendants if certain conditions are met,” wrote Dohrmann.

Also, under certain conditions, “the government has even agreed to waive the requirement that a defendant be supervised while viewing highly sensitive video,” according to Dohrmann.

Another database, called Relativity, “contains an extensive volume of materials designated as highly sensitive under the protective order,” wrote Dohrmann. A member of Barnett’s legal defense team must supervise him if he views discovery in the Relativity database, unless the court orders otherwise or a “suitable compromise” has been reached with the assigned prosecutor, according to Dohrmann.

U.S. District Judge Christopher R. Cooper in the District of Columbia has yet to rule on the dueling motions.

Barnett faces several charges in connection with the Capitol riot, including one accusing him of carrying a stun gun into the building.

Barnett gained wide media attention after he posed for pictures with his foot on a desk in House Speaker Nancy Pelosi’s office suite.

His trial is scheduled to begin Sept. 6. Cooper has encouraged both sides to discuss a plea agreement.

In a March 18 court filing, McBride also asked for a 45day extension to file suppression and pretrial motions, saying he had only recently been granted a license to access the government’s Relativity and Evidence.com databases and Barnett had no such license.

“Thousands of files are indiscriminately dumped each time there is a discovery update,” wrote McBride. “In order to help defendants and their attorneys navigate this process, the discovery files themselves were transitioned to the Relativity and Evidence.com databases, which allow a properly trained and licensed user to search through the discovery in an intelligent way. Mr. Barnett, however, is currently prohibited from accessing his discovery on these databases.”

Barnett needs a license for both databases, “which will allow him to participate in his defense in a way that is consistent with the protections of the Sixth Amendment to the United States Constitution,” wrote McBride.

The deadline for filing suppression motions was March 18. The deadline for pretrial motions is April 29.

In her filing on Monday, Dohrmann said she wasn’t opposed to a 30-day extension of time to file the motions, but not the 45 days that McBride requested.

She also took issue with McBride’s characterization of thousands of files being periodically “dumped” into the databases.

“To the contrary, every production is accompanied by a letter explaining the production and a detailed index; and the materials being produced have prioritized those most sought by defense counsel,” according to a footnote in Dohrmann’s filing.

Four Arkansans have been charged in connection with the breach of the Capitol on Jan. 6, 2021. Besides Barnett, Peter Francis Stager, 42, of Conway also faces felony charges. Stager is accused of using a flagpole to beat a police officer who was down on the steps of the U.S. Capitol.

The other two Arkansans, Jon Thomas Mott, 39, of Yellville, and Robert Thomas Snow, 78, of Heber Springs, were charged with misdemeanors.

On March 24, as part of a plea agreement, Snow pleaded guilty to one count of 40 U.S.C. § 5104(e)(2)(G) — Parading, Demonstrating or Picketing in a Capitol Building. His sentencing is scheduled for July 7.

Snow faces a maximum sentence of six months in jail, a $5,000 fine and five years of probation. He has also agreed to pay $500 in restitution.

All four Arkansas defendants initially pleaded not guilty. None has gone to trial.

The Jan. 6 riot escalated from a “Stop the Steal” rally in which supporters of former President Donald Trump entered the Capitol and allegedly attempted to stop Congress from certifying the Electoral College vote indicating that Joe Biden had won the presidential election.