After being in jail almost a year, Lebanon man held in Capitol unrest has trial date

Surveillance image of Kyle Fitzsimons under Capitol archway, and at right after being struck during melee.

WASHINGTON - Almost a year after a Lebanon, Maine, man was imprisoned in the Capitol unrest of Jan. 6, 2021, a date has been set for his day in court.

Kyle Fitzsimons, 38, was arrested without incident on Feb. 4, 2021, as a handful of unmarked black SUVs arrived at his Gully Oven Road.

After a short stay at Cumberland County Jail he was transferred to a private penal facility in Rhode Island for several months before being transferred to the Washington, D.C., jail where he remains incarcerated.

Fitzsimons has twice petitioned the court for bail but was denied both times.

Last week defense and prosecutors agreed to schedule his jury trial for June 13, which will mean Fitzsimons will have been in custody for 18 prior to trial.

Judges have continually waived speedy trial requirements "in the pursuit of justice."

Fitzsimon's public defender, Natasha Taylor-Smith, filed a brief in October asking that the trial venue be changed to Maine due to the heavily politicized environment in D.C., but the court denied the motion in December.

U.S. Attorney Matthew M. Graves argued that the defense motion on venue should be "denied as premature," adding venue transfer should only occur after a jury pool is shown to be prejudice, not before.

Taylor-Smith has not returned an email from The Rochester Voice seeking information on Fitzsimon's health and whether he was in solitary confinement or not.

Anecdotal accounts in press reports have suggested that many standing trial in the Capitol unrest are being kept in solitary confinement.

A 10-count indictment filed against Fitzsimons last February accuses 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 arraignment, which came more than 10 weeks after his arrest in Lebanon.

He was denied bail during his initial detention hearing on April 7 with Magistrate Judge G. Michael Harvey of the U.S. District Court for the District of Columbia presiding.

During the hearing, however, Harvey pressed Assistant U.S. Attorney Puja Bhatia as to why no plea deal had been offered Fitzsimons.

"Why no plea deal, the government doesn't need more investigation for this case," Harvey said adding that Fitzsimons was not part of any organized violence like the Proud Boys or the Oath Takers.

"This is not a complex case," he added. "Three months in, no plea?"

Fitzsimons faces more than 40 years in jail if convicted on all counts.