Judge rejects mistrial in Proud Boys case, says he saw no evidence of government misconduct

A federal judge handling a trial involving members of the Proud Boys group who participated in the Jan. 6, 2021, Capitol Riot has rejected calls for a mistrial amid allegations of government misconduct.

Defendant Dominic Pezzola had sought either a mistrial or the dismissal of charges against him, making allegations of evidence tampering and the withholding of exculpatory evidence, among other claims. Pezzola referenced footage that Fox News host Tucker Carlson had aired on the network showing the QAnon Shaman, one of the most prominent participants in the event, being peacefully escorted within the chamber.

In his ruling, Judge Timothy Kelly determined that the defendant had not been denied access to exculpatory evidence.

"Pezzola has not shown that the video footage tends to show his innocence," he determined.

Kelly further addressed claims that the DOJ had monitored communications between another defendant and Pezzola's attorney.  He determined that Pezzola lacked standing to address the matter, noting that none of the alleged communications even referenced him.

He further rejected a destruction of evidence allegation, asserting that the materials pertained to an unrelated case and were not grounds for dismissal of charges against Pezzola.

Pezzola faces charges of seditious conspiracy, alongside four other defendants.

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.