Trial delayed for Mercer County woman charged in Capitol riot
WASHINGTON - A week after a defense attorney asked for a psychological evaluation of the Mercer County mother of eight charged in connection with the January 6 riot at the U.S. Capital, a federal judge has canceled a November 15 trial in the case.
U.S. District Judge Royce Lambert on Monday granted a motion to delay the trial of Rachel Powell. The judge scheduled a status hearing for November 30.
Judge Lambert sealed the motion from public view, so it isn't known if the motion addresses concerns expressed earlier by defense attorney Nicholas Smith about his ability to “intelligibly communicate the law and trial risks” to Powell, who faces eight federal charges.
Attorney Smith requested the trial delay so Powell can undergo a competency evaluation before she decides whether she wants to enter a plea in the case or take the matter to trial. Online court information does not indicated if Powell will undergo that evaluation.
Government attorneys say Powell carried an ice axe and a "large" wooden pole into the Capitol while Vice President Pence was in the building to take part in the process of certifying the results of the previous November's election.
Powell, the so-called "pink hat lady" and "bullhorn lady" was charged after authorities say videos showed her in the crowd of people storming the Capitol in support of Donald Trump's false claims of election fraud.
An affidavit says Powell was seen using the bullhorn to give instructions about the layout of the Capitol building and instructing others on how to "take this building."
The Sandy Lake woman faces trial on charges including obstruction, destruction of US property over $1,000, entering a restricted building or property with a dangerous weapon, entering a restricted building/property, and disorderly conduct.
Judge Lamberth recently ordered that Powell be confined to her home as she awaits trial, stipulating that she must first obtain permission from a Pretrial Services Officer to venture outside for work.
If she does leave her home, her whereabouts must be monitored through a GPS tracker.
The judge’s order came after the U.S. Attorney said Powell has violated the conditions of her release by first going to a brewery during her work hours and by leaving her residence during her home confinement hours.
In April of last year, Powell apologized to the judge after live streaming a video of herself wearing a mesh face mask in what prosecutors called a “mockery of her condition of release requiring her to wear a mask for community safety.”
Nearly 900 people have been charged in connection with the effort to stop congress from certifying Joseph Biden as the winner in the race for US President in 2020. Seven of those people are from the Valley.
