U.S. Attorney: Govt. Evaluating 'Additional Charges' Against Ciccolo
 U.S. prosecutors stated in U.S. Court that they are still evaluating evidence in the case of Alexander Ciccolo, who was arrested on weapons charges in July. |
Assistant U.S. Attorney Kevin O'Regan was back in Magistrate Judge Katherine A. Robertson's court on Tuesday afternoon for a status conference hearing in the case of U.S. vs. Alexander Ciccolo.
In a brief hearing, O'Regan told the judge that the government is still evaluating evidence seized in Ciccolo's Murray Street apartment on the evening of July 4.
"Two things are going on," O'Regan said. "One is discovery, which is coming in phases. Another is evaluating evidence that came in the search warrants — computers seized as well as material devices seized.
"Once that is done, we will be able to evaluate additional charges more serious than the ones currently in place."
Robertson received a pre-conference memo from O'Regan and Ciccolo's attorney, David Hoose.
Based on that memo, "it appears the government is in the process of producing discovery and has produced two-thirds of what the defense is going to get," Robertson said.
After checking the calendars of both attorneys and the court, Robertson set Dec. 9 at 10 a.m. for the next status conference.
"By then, I assume the remainder of what the government plans to turn over will have been made available to the defendant," she said.
Ciccolo currently is charged only with a federal weapons possession violation and an assault on a nurse while he was incarcerated immediately after his arrest.
To date, no terrorism-specific charges have been levied against him.
However, a government affidavit filed with the court for a bill hearing outlined Ciccolo's alleged radical leanings and plans to launch an act of domestic terrorism.
Robertson on Tuesday asked the lawyers whether the case ought to be designated as "complex" and therefore released from the usual rules requiring a speedy trial.
"Typically, these [weapons and assault] charges are not complex," Robertson noted, alluding to O'Regan's statement that additional charges are being considered.
According to the local rules of the U.S. District court for the District of Massachusetts, "the judge shall make an early determination of whether the case is 'complex' or otherwise appropriate for careful and deliberate monitoring of an individualized and case-specific manner."
Hoose said he needed to confer with his client, who did not attend Tuesday's conference, before deciding whether the defense would like to seek the "complex" designation.
"Truthfully, it's so early on," Hoose said. "I really don't know what I'm going to be doing in terms of motions or anything else. I'm just trying to get the discovery and analyze it.
"I think we're a ways away from the point where I'll be introducing any motions."
Tags: #berkshireterror, ciccolo, terrorism, US Court,
