WASHINGTON (KNWA/KFTA) — Filings from both sides continued just before a trial was set to begin for a Gravette man charged for his actions during the January 6, 2021 insurrection at the U.S. Capitol.
Richard Barnett, 62, is facing eight federal charges and jury selection for his trial began on January 9. Earlier that morning, his team filed a motion seeking to exclude a government video as evidence.
“This exhibit is a montage video that pans back and forth between the evacuation of the Vice President and assorted camera footage throughout the Capitol. We do not object to any of the footage by itself, but the footage as a montage is unfairly prejudicial as it is edited in a manner of a Hollywood movie to create a sense of tension for the viewer.”
Defense motion in limine, USA vs. Barnett, January 9
The motion continued by asking the court to preclude the prosecution from using that montage video as evidence at trial. The filing also took issue with another government exhibit portraying the perimeter of the Capitol.
“The Government superimposed a dark red line surrounding the perimeter, as if it was a state border line on a Rand McNally road atlas, which it most certainly was not,” the motion claimed. “The red line unfairly prejudices the defendant because it gives the perception of an actual boundary or clearly ‘forbidden zone’ which would have been obvious to any person approaching.”
It added that the defense had no objection to the picture itself, but it requested that the government remove the red line before presenting the image as evidence.
In a separate filing, the defense asked the court to strike a government response from the docket because it was filed after a deadline to do so. The government reply in question was filed at approximately 10:29 p.m. on January 8.
The defense stated that this “exceeded the Court’s ordered deadline of January 6, 2023 without any request for an extension, and merely continues the government’s assault on Mr. Barnett’s ability to defend himself.”
“Mr. Barnett requests that this Court deny the government’s filing of the reply for unexcused lateness, strike it from the record docket, ignore it in totality, and make no decision on the matter of Defense experts until just prior to the Defendant’s case in chief,” the motion said.
Barnett is charged with: civil disorder, obstruction of an official proceeding; aiding and abetting; entering and remaining in a restricted building or grounds with a deadly or dangerous weapon; disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon; entering and remaining in certain rooms in the Capitol Building; disorderly conduct in a Capitol Building; parading, demonstrating, or picketing in a Capitol Building; theft of government property.
He has pleaded not guilty to all charges.