WASHINGTON - The Lebanon, Maine, man charged in the Capitol unrest of Jan. 6 was told today that the earliest probable date for his trial in a DC courtroom would be no sooner than February or March.
Defense counsel Natasha Taylor-Smith indicated at today's status conference she would be seeking bond for Kyle Fitzsimons, 37, of Gully Oven Road, due to the protracted time to get the case to trial.
Also during the hearing prosecutor Brandon Regan told Judge Rudolph Contreras that he has released two rounds of discovery items to the defense, but the Capitol unrest discovery items from Jan. 6 is so voluminous, "our discovery team is nowhere near complete with discovery."
"The government is working hard," he said. "And we will be ready for any trial date."
Regan said the prosecution would argue against any bond agreement, adding that, "Our position does not change. He (Fitzsimons) should remain detained. We would urge no bail, based on the dangerousness of the defendant, centrally focused on his actions that day (Jan. 6)."
The former Hannaford butcher, Lebanon Cannabis Committee member and longtime 2nd amendment advocate, remains held on no bail in a DC jail.
He pleaded not guilty on all charges during an April arraignment, which came more than 10 weeks after his arrest at his Gully Oven Road home in Lebanon on Feb. 4.
After his arrest Fitzsimons spent about a week in Cumberland County Jail before being transferred to a Rhode Island Detention Center. In late March he was transferred again to the DC jail where he remains.
A 10-count indictment filed against Fitzsimons in February accuses the husband and father of one 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.
He was first denied bail during his detention hearing on April 7 with Magistrate Judge G. Michael Harvey of the U.S. District Court for the District of Columbia.
During the hearing, however, Harvey questioned prosecutors 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 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.
His next status conference is set for Aug. 19.