WASHINGTON (KNWA/KFTA) — A Gravette man charged for his actions during the January 6, 2021 insurrection at the U.S. Capitol has been ordered to provide the prosecution with copies of any exhibits he intends to submit as evidence during his trial.
Richard Barnett, 62, has a trial date set for January 9, 2023, and the prosecution recently indicted him on an eighth charge for his participation in the riot. In a December 22 filing, the government stated that the defense did not supply copies of the actual exhibits it intends to present at trial, but instead merely submitted an exhibit list.
“The United States is unable to determine from the defendant’s exhibits’ names alone what items the defendant seeks to introduce,” the filing stated. “The United States must object to the admission of any defense exhibit that it has not had the opportunity to review, and therefore objects to all of the exhibits on the defendant’s exhibit list.”
On the same day, the government requested an order compelling the defense to provide the U.S. with copies of his proposed defense exhibits no later than December 27. Judge Christopher R. Cooper granted the request in the United States District Court for the District of Columbia.
On December 22, the defense also filed a motion asking for an extension in a pair of pretrial procedural matters: filing a proposed jury form and instructions and submitting a list of potential expert witnesses.
That filing referred to the additional eighth indictment against Barnett as an “eleventh hour surprise” and stated that the additional time is necessary to prepare for trial. The defense also asked the prosecution to repopulate a website with updated discovery information in the case.
“Being given an indication of a possible new charge, and with new attorneys, the defense asked the government to accomplish the simple administrative act of repopulating Mr. Barnett’s discovery,” the filing stated. “The amount of data and gigabytes, as well as time to download is extremely burdensome to defense attorneys.”
The motion added that the defense team will need to “revisit all government exhibits with a new lens” following the added indictment.
The court issued an order instructing the prosecution to repopulate discovery specific to Barnett by December 27, and it changed the deadline for the required defense filings to January 3, 2023.
Barnett is charged with: 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.