Judge considers whether to release DC pipe bomb suspect while he awaits trial
Judge considering release of DC pipe bomb suspect while he awaits trial
A D.C. judge is considering whether to release the suspect accused of planting pipe bombs outside the RNC and DNC headquarters in January 2021. If released, Cole would be under stringent conditions that would include house arrest, ankle monitoring and having a third-party custodian who is vetted by the court. FOX 5's Katie Barlow was live in the courtroom today.
WASHINGTON - New information on the man accused of placing pipe bombs outside the Republican and Democratic National Committee buildings in D.C. in January 2021 came out in court on Tuesday.
The court appearance:
Brian Cole was back inside a D.C. courtroom on Dec. 30 for a hearing to decide whether he should be released from jail ahead of trial.
He appeared wearing a tan prison jumpsuit and glasses, looking mostly down at the floor or up at the judge.
A D.C. Superior Court grand jury indicted Cole on Monday for two federal charges, including one listed as a federal crime of terrorism. Still, there is a legal question about whether a Superior Court indictment is valid in a federal criminal case — an issue unique to D.C. due to the way the District’s court system operates.
We also learned that Cole did not make any incendiary posts on social media, but instead was a consumer of content.
PREVIOUS COVERAGE: Jan. 6 DC pipe bomb suspect due in court as defense seeks his release
The prosecution’s argument :
The government argues that Cole should be held, as he is a present danger to the community because he continued to purchase bomb-making materials until at least August 2022 — over a year and a half after he was accused of placing the homemade explosive devices outside the RNC and DNC headquarters in downtown D.C.
They also say Cole still had some of those materials in his possession, including in his car when he was arrested. Prosecutors note that had the devices detonated, people could have been seriously hurt.
In the DOJ filing, prosecutors say Cole initially denied involvement, telling investigators he drove to Washington on Jan. 5, 2021, to attend a protest.
According to prosecutors, Cole later admitted to the crime, saying he wanted to target the Democratic and Republican national committees because "they were in charge."
Investigators also allege Cole wiped his phone more than 900 times during the nearly five-year investigation.
PREVIOUS COVERAGE: Alleged Jan. 6 pipe bomber reset phone 943 times before arrest, court docs say
The defense’s argument:
Cole's defense attorneys say there's no evidence he would be a danger going forward because he hasn't done anything to harm the community in the last five years. They also claim the devices he's accused of placing in 2021 could not have exploded, saying they were "absolutely not viable devices."
His attorney also told the judge that federal agents took all the materials that could be used for making bombs from the house, but they left a firearm registered in Cole's name.
They argue that Cole does not pose a danger to the community. In their filing, they submitted several character letters and said the alleged actions are "not like him."
Attorneys also cited Cole’s mental health history, noting he has no prior criminal record, has a job waiting for him, and that no one was physically harmed. They argue Cole would comply with court monitoring if released.
PREVIOUS COVERAGE: Lawyers demand evidence of alleged DC pipe bomber's confession
What's next:
The judge appears to be seriously considering ordering Cole's release with stringent conditions that would include house arrest, ankle monitoring and having a third-party custodian who is vetted by the court.
Cole's attorneys propose his grandmother, Loretta, as the custodian. She lives in a gated community in Gainesville, Va.
Loretta took the stand in court on Tuesday to answer questions from both sides' lawyers and the judge.
The judge asked her if she would be able to call the court and tell them if her grandson violated any release conditions. She said yes.
But the judge pressed her once again, saying even he could not make that call against his own child. Loretta doubled down on her answer that she would do the right thing.Loretta's husband, who also lives in the house, is a former federal law enforcement officer.
It came out in court that he does have a gun in the home, but said he would be willing to give it up for now, according to Loretta, if Cole is released to them.
The judge said he will decide on the matter in the next day or so.