Judge Presses Government to Make Decision on Ciccolo Charges
Alexander Ciccolo was in federal court Thursday afternoon, alongside his attorney, Northampton's David Hoose, for a status conference in the case of the United States v. Alexander Ciccolo.
To date, Ciccolo only has been charged with a count of weapons possession and an alleged assault on a nurse committed in jail shortly after his July 4, 2015, arrest. But federal documents released last summer strongly point to Ciccolo's intention to use the weapons he acquired in an act of domestic terrorism.
On Thursday, Robertson questioned why it is taking the government so long to bring additional charges.
"I'm concerned about the amount of time it's taking for decisions to be made about whether the nature of this case is going to change," Robertson said. "I need to understand why it's in the interest of justice to continue this.
"We're moving up on a year, and it seems like a sufficient amount of time for the government to investigate and decide whether there should be a superseding indictment.
"I understand you don't control all the delay, but you're here as the representative for the government."
Assistant U.S. Attorney Deepika Shukla, the lone attorney at the prosecution table, asked for and received the opportunity to have a sidebar conference with Robertson. After speaking privately with Hoose and Shukla for about two minutes, Robertson resumed the hearing, asking Hoose to share his thoughts about the yearlong delay for the record.
"I guess what I'd say is this: There has always from Day 1 been the question of whether we would see other charges," Hoose said. "It's no secret the government is investigating that. It's also no secret Ms. Shukla is not the one making these decisions. It's happening several levels above her.
"It's frustrating to me that it's taken so long, and it's frustrating to Mr. Ciccolo. … Frankly, the conversations I've had with my client are we really don't have much of a choice."
Hoose said he thinks the government has a strong case on the weapons charge against Ciccolo, and he is concerned about what might happen if he presses for a speedy trial on the existing counts.
"If Mr. Ciccolo was found guilty of either charge, at that point we would lose all control over this," Hoose said. "Then the government could take as long as they want. I wouldn't want to see Mr. Ciccolo in federal prison for a couple of years and then they say, 'You know what, you're up for release, we're going to charge you now.'
"We have no feasible option but to go along with the delay."
Shukla noted that the government's time horizon is not infinite.
"Even relating to the possible superseding charges, the only restriction on the government is the statute of limitations for making terrorism-related charges," Shukla said.
Hoose told the judge that the 11 months since Ciccolo's arrest have not been "wasted time."
"The government has produced as significant amount of discovery," Hoose said.
"We're content to let this go to the next status date based on what I've heard from the government."
Robertson set another status conference for Wednesday, July 13, at 3 p.m., and decided to exclude the period between the last status conference and July 13 from the time frame stipulated under the Speedy Trial Act. The two sides agreed to the exclusion in a memo filed with the court on Tuesday.
Ciccolo could be seen chatting quietly with Hoose prior to Thursday's hearing and sat impassively while the the brief hearing took place. He arrived in beige prison garb and wearing a rounded skullcap common in Islamic cultures. His beard appeared to be a little longer than the one he wore in his last court appearance in July.
Hoose said there was no particular significance to his decision to have Ciccolo brought to court for Thursday's hearing.
"I hadn't seen him for a while, and I thought he should be there to hear what's going on," Hoose said as he headed to another courtroom after the hearing.
Tags: #berkshireterror, ciccolo, US Court,
