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Pa. woman wants new terms in Capitol case

Seeks less restrictive release

A Mercer County woman charged in the Jan. 6, 2021, riot at the U.S. Capitol is asking a federal judge to modify the “extremely strict” conditions of her electronically monitored release.

In a filing dated May 23, an attorney for Rachel Powell, 42, of Sandy Lake, Pa., states, “These conditions both impose serious impediments to Powell’s family and work obligations, and are not necessary to ensure her appearance (in court).”

Powell was forced to sell her home to raise money for her legal defense, the motion states. Her rental residence is not big enough to accommodate three of her teenage sons, who now live alone in a nearby efficiency dwelling. Because of her court-ordered curfew, monitored by an ankle bracelet, Powell cannot enter the teen’s efficiency after 6 p.m.

“Thus, her teenage sons are on their own at night. This is dangerous for several reasons,” the motion states, noting the “inherent mischief-making capacity” of teen boys.

Powell is charged with eight counts from Jan. 6, 2021, including obstruction of an official proceeding, destruction of government property, remaining in a restricted building or grounds with a weapon, disruptive conduct in a restricted building or grounds with a weapon, physical violence in a restricted building or grounds with a weapon, disorderly conduct in the Capitol, an act of physical violence in the Capitol, and parading, demonstrating or picketing in the Capitol.

The charges are linked to Powell recorded on video wearing a pink hat and using a bullhorn to instruct others while the Capitol was overrun by a crowd trying to stop the electoral vote count of the 2020 election.

The court docket shows Powell is scheduled for a video status conference July 7 before U.S. Judge Royce C. Lamberth of the District of Columbia District Court.

The electronic monitoring was ordered more than a year ago.

The motion notes that recently, one son fished at a nearby lake and tumbled down a slope, falling into the lake. Because of her situation, Powell was unable to come to his aid.

Because of the monitoring, the motion states, Powell’s children are missing out on important extracurriculars like sports and other school-related club events. The terms of her release also prevent her from driving the kids anywhere and she will miss the marriage of an older child and the birth of a grandchild.

The motion also states, “Powell’s curfew is wreaking havoc with the company where she works.”

She is limited to 40 hours of work per week, far lower than the normal work hours, and it prevents her from attending business meetings and making important calls with clients, causing lost income for the company.

The motion asks the judge to remove the ankle bracelet and lift her curfew. Powell’s attorney had asked the prosecutors to consent to the removal of the ankle bracelet and lifting of her curfew, but they denied it saying she was a “flight risk.”

“The contention … is baseless,” the defense motion by attorney Nicholas D. Smith of New York states, noting she has surrendered a passport and had been visiting out-of-town friends in an attempt to find legal representation.

Prosecutors have not filed any briefs in response to Powell’s motion.

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