WASHINGTON — A federal judge reluctantly bumped back an upcoming Jan. 6 trial on Friday even as he suggested the defendants had swapped lawyers at the last minute seeking just such a delay.
U.S. District Judge Royce C. Lamberth granted a trial continuance until June 3 for brothers Gregory and Matthew Purdy and their co-defendant, Robert Turner. All three were scheduled to begin a jury trial later this month on April 22.
Until Friday, all three defendants had been represented by the same attorney: Melissa Isaak, an Alabama National Guard JAG attorney and Montgomery-based lawyer who specializes in representing men in family law cases.
The Purdy brothers and Turner were indicted in November 2021 for their alleged roles in the Jan. 6 Capitol riot. All three face the standard misdemeanors used in nearly every Jan. 6 case, and Gregory Purdy and Turner also face felony charges of civil disorder, obstruction of an official proceeding and assaulting, resisting or impeding police. According to charging documents, Gregory Purdy bragged online that he and his group were “key players” in the mob pushing past police barriers and also told Turner he believed their job was to “uphold the Constitution and do a f***ing rebellion.” The Purdys are the sons of former Republican NY State Assembly candidate Greogory Purdy, who traveled with them to D.C. in a chartered bus but has not been charged in connection with the riot.
Since their indictment, the three men have gone through a number of lawyers. Isaak joined the case last year as the second attorney to represent Matthew Purdy and the fourth to represent Turner and Gregory Purdy. Despite concerns over possible conflicts of interest with one lawyer representing multiple defendants, Lamberth allowed Isaak to take over as sole counsel for all three men in November. According to a filing from Isaak, she was referred to the case by Larry Klayman, the founder of the conservative activist groups Judicial Watch and Freedom Watch.
In late February and again last month, Isaak asked Lamberth for a continuance of the April 22 trial date. She cited alleged issues with the government’s process of turning over evidence in the case, looming Supreme Court arguments on the obstruction charged used in hundreds of Jan. 6 cases – including this one – and Lamberth’s own purported “hostility” toward her after she informed him she had applied for a judgeship in Alabama after entering the case. Lamberth denied those motions, as well as a subsequent motion filed by Isaak seeking his recusal.
On Friday, however, Lamberth consented to pushing the trial back to June 3 after two new attorneys – Dylan Barket and George Pallas – entered their appearances for Gregory Purdy and Turner, respectively. He did not, however, grant the continuance without letting all three attorneys know his feelings on the matter.
“You were trying to get a delay,” Lamberth told Pallas during a testy exchange. “What did you think would happen if I didn’t grant a delay? You think you’re entitled to it by right?”
Both Barket and Pallas said they came on to represent Purdy and Turner because they believed having one attorney representing three men was a mistake. Lamberth reminded the attorneys he told the defendants that last year.
“Your client told me there was no conflict,” Lamberth said. “I told him he was a fool. He went on anyway.”
“Well, you’re right, judge,” Pallas said.
Although defendants in federal cases typically have their own counsel, attorneys have been allowed to represent multiple individuals in some Jan. 6 cases. In the Oath Keepers conspiracy case, attorney Stanley Woodward was granted permission to represent both husband and wife Kelly and Connie Meggs. Last August, attorney Norm Pattis was granted permission to represent two Proud Boys leaders, Joe Biggs and Zachary Rehl, at their sentencing.
Barket and Pallas are both criminal defense attorneys based in Miami, Florida. Barket previously represented Jared Samuel Kastner, of Ohio, in his Jan. 6 case, and Barket and Pallas are co-counsel in the Jan. 6 case of Phillip Anderson, of Texas.
In addition to the continuance, Lamberth also granted an extension until April 22 – the original trial date – to file new motions in the case. Barket has already filed a motion to dismiss the indictment against Gregory Purdy altogether. In the motion, he claims Purdy was arrested on Jan. 6 (but let go do to police being overwhelmed) and therefore the 60-day Speedy Trial clock had long since expired by the time he was indicted in November 2021. Federal prosecutors had not yet responded to the motion, but described Purdy on Friday as having been “detained” by police during the riot.
A small number of people were detained by police during the riot but let go after the pro-Trump mob overwhelmed officers. One, D.C. resident Mark Ponder, was detained for assaulting multiple officers. He was released amid the chaos and later returned the Capitol grounds before leaving for good after being tear gassed. He pleaded guilty to assaulting police with a deadly or dangerous weapon and was sentenced in July 2022 to more than five years in prison.
In the 39 months since the Capitol riot, nearly 1,400 people have been charged with offenses ranging from unlawful parading to seditious conspiracy. Nearly 500 defendants have been charged with assaulting, resisting or impeding police, including 129 who have been charged with using a deadly or dangerous weapon or causing serious bodily injury to an officer.