Last month, Iced Earth guitarist Jon Schaffer’s attorneys filed a motion to dismiss all of the charges related to his involvement in the treasonous pro-Trump insurrection at the US. Capitol after citing The Speedy Trial Act. However, the musician’s legal team has since decided to delay those rights, saying they need more time to prepare a defense due to COVID-19 restrictions.
MetalSucks obtained a copy of the latest filing, which said the following:
“ORDERED that the complaint and previous order of pre-trial detention remain in full force and effect.
ORDERED that the period from April 2, 2021 through May 3, 2021 shall be excluded from computing the time within which an information or indictment must be filed under the Speedy Trial Act because the ends of justice served by such a continuance outweigh the interests of the public and the defendant in a speedy trial. See 18 U.S.C. 3161(h)(1) & (h)(7).
The Court finds that COVID-19 has presented complications here that make it difficult for defense to meet with his client and prepare, that there is voluminous and evolving discovery, and that delay is necessary for the parties to work on a potential resolution.
It Is So Ordered”
This news comes after it was recently announced that Schaffer will be taking part in another hearing on April 6. That court appearance will include a video conference with Chief Judge Beryl A. Howell, who will be reviewing a motion regarding a pre-trial detention order.
U.S. Magistrate Judge Zia Faruqui previously ordered Schaffer to remain in jail without bond until he goes to trial. The guitarist, who is currently being held at the Washington D.C. Jail, was not considered a flight risk, but Faruqui chose to keep him in custody without bail, saying that he could be a danger to the community. His decision was influenced in part by comments Schaffer made during a November 2020 Trump Rally, in which he said “if somebody wants to bring violence, I think there’s a lot of us here that are ready for it.”
After Schaffer was ordered to stay in custody, his attorney Marc Victor filed a “motion to amend detention order,” claiming that “the government failed to establish Mr. Schaffer’s dangerous to the community by clear and convincing evidence.” However, a U.S. magistrate judge filed an “order of detention pending trial” concluding that Schaffer “must be detained pending trial because the Government has proven by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of any other person and the community.”
Before he was transported to Washington, D.C. by a U.S. marshal, Schaffer was being held at Marion County Jail in Indiana after being arrested on January 17. He made his first court appearance on January 18 and government lawyers asked a judge to deny him bail when he goes in front of the U.S. magistrate. If you missed it, here’s the initial statement that was issued by the FBI’s Indianapolis Field Office:
“Jon Schaffer, Columbus, IN, has been arrested in connection to Jan 6 incident at the U.S. Capitol. Schaffer faces 6 charges including engaging in an act of physical violence in a Capitol building. Schaffer was allegedly among rioters who sprayed Capitol police with ‘bear spray.’”
The U.S. Department Of Justice also released a “Statement Of Facts,” which includes surveillance camera photos of Schaffer holding bear spray. It also mentioned that he was wearing a “Lifetime Member” hat from the anti-government militia group Oath Keepers. However, the Indiana Oath Keepers have since issued a statement saying he wasn’t a member of their group.
Schaffer is currently facing the following charges:
1) Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority
2) Disrupting the Orderly Conduct of Government Business
3) Knowingly Engaging in an Act of Physical Violence Against any Person or Property in any Restricted Building or Grounds
4) Violent Entry and Disorderly Conduct in a Capitol Building
5) Engaging in an Act of Physical Violence in a Capitol Building
6) Parading, Demonstrating, or Picketing in a Capitol Building