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2nd day of Mainer's Capitol unrest trial includes testimony by The Voice's editor

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Kyle Fitzsimons, inset, has elected to have a bench rather than jury trial over his role in the Capitol unrest of Jan. 6, 2021. (inset photo/Courtesy; Background photo/AP News)

WASHINGTON - The trial of a Maine man indicted in the Jan. 6 Capitol unrest began on Tuesday and continues today with more witnesses including Rochester Voice editor Harrison Thorp, who interviewed the defendant days after he returned from Washington.

Others from Lebanon, Maine, were also expected to testify, according to Lebanon, Maine, social media posts, but The Voice has not been able to verify whom.

Kyle Fitzsimons, 38, of Gully Oven Road, Lebanon, Maine, opted for a bench trial, which is supposed to last no more than two or three days. The trial is being held at the U.S. District Court for the District of Columbia.

Rochester Voice editor Harrison Thorp interviewed Fitzsimons by telephone shortly after Fitzsimons spoke with the Lebanon selectboard via a conference call during a regularly scheduled meeting.

Among witnesses to be possibly called by the defense is General Counsel of the DC Capitol Police, who in defense documents is said to have documents regarding alleged complaints against a Capitol Police officer thought to have had interaction with Fitzsimons on Jan. 6, 2021.
The subpoena orders that Thomas Dibiase, the general counsel for the department, bring "documents, electronically stored information, or objects" regarding "any and all complaints against Capitol Police Officer Aquilino Gonell."
In her petition to enforce the subpoena Assistant Federal Defender Natasha Taylor-Smith states, "the complaints against Sergeant Gonell are necessary to demonstrate Sergeant Gonell's bias in favor of the government."
According to court documents, Gonell is expected to testify that he received injury due to his interaction with Fitzsimons.
An earlier request for documents from Dibiase was ignored, prompting the issuance of the subpoena.
In Taylor-Smith's motion to enforce the subpoena she notes that, "Evidence going to a witnesses' capacity of truthfulness or bias is always relevant."
Meanwhile, the D.C. court is also looking to seize about $12,000 of some $20,000 Fitzsimons has raised as a result of a crowd funding Give Send Go account.
In court documents it is alleged Fitzsimons was using the money for personal expenses such as payments on his truck.
Court documents indicate the webpage is no longer active.
Fitzsimons, has been held at the DC Central Detention Facility since late March 2021.
H was arrested on Feb. 4, 2021, at his Gully Oven Road home.

A bench trial is similar to a jury trial in most respects, but in this case the judge will determine whether the prosecutors have sufficiently proved their case beyond a reasonable doubt.

A superceding indictment filed in May accuses Fitzsimons of "using a dangerous or deadly weapon on certain officers" in that he "did forcibly resist, oppose, impede, intimidate, interfere and use a dangerous or deadly weapon on an officer and employee of the United States ... an officer from the Metropolitan Police Department."
The original 10-count indictment filed against Fitzsimons in February 2021 alleges the husband, father of one and former Hannaford butcher with obstruction of an official proceeding, entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, disorderly conduct in a Capitol building or grounds, act of physical violence in the Capitol grounds or buildings, two counts of civil disorder and two counts of inflicting bodily injury on certain officers.
Fizsimons pleaded not guilty on all charges during an April 2021 arraignment, which came more than 10 weeks after his arrest in Lebanon.

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