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Federal authorities say this photo shows Independence’s Devin Kiel Rossman outside the Capitol on January 6, 2021. The photo was on Rossman’s Facebook account. Federal Court records
An Independence man convicted Friday of raping the Capitol on Jan. 6 has accused Trump, the right-wing media and other elected officials, including Missouri Sen. Josh Hawley, of spreading the big lie that led to his shares.
In a court document filed before sentencing, defense attorney Ronna Holloman-Hughes said Devin Kiel Rossman was tricked by Trump and others into believing the Democrats rigged the 2020 presidential election.
Prior to Jan. 6, 2021, Mr. Rossman had a good faith belief that the 2000 presidential election was being stolen by Democratic operatives of Joe Biden, Holloman-Hughes wrote in Rossman’s sentencing memorandum. Then President Trump trumpeted this claim to the nation repeatedly and loudly from the 2020 election until January 6, 2021, and continues to make this claim today.
U.S. Chief District Judge Beryl A. Howell sentenced Rossman to 36 months probation with a condition of intermittent incarceration and a $2,000 fine. He must also pay $500 restitution for damages to the Capitol building and costs incurred by US Capitol police, which prosecutors say totaled nearly $2.9 million.
Rossman, 38, pleaded guilty in September to marching, demonstrating or picketing a capitol building, a misdemeanor. He faces a maximum sentence of six months in prison, a fine of $5,000 and five years of probation.
Susceptibility to delusional thinking
The sentencing hearing was held by videoconference in the United States District Court for the District of Columbia. The government had asked for a sentence of 90 days incarceration, 36 months probation, 60 hours of community service and restitution of $500.
In its sentencing memorandum filed last month, the government said Rossman should be jailed because he entered the Capitol building just minutes after the initial offense and remained inside for about an hour and 53 minutes. While inside, according to the document, he walked through the building and eventually reached President Nancy Pelosis’ office suite, a restricted area.
Rossman then entered the speakers’ bureau suite and attempted to open the doors as terrified speakers sought shelter under their desks, took photos and bragged to friends in Facebook posts about entering the room. area. He also expressed little remorse for his actions, according to the document.
But Holloman-Hughes, of the Federal Office of Public Defenders in Kansas City, laid the blame on Trump’s feet. She painted Rossman as a victim of Trump’s schemes even before the election, when she said the former president started using social media to spread false allegations of fraud and said the only way to lose was if the process was rigged.
The document cites various sources claiming that Trump disseminated more than 400 false allegations of rigged or stolen elections to his supporters via Twitter after the 2020 election. He added that during his rally on January 6, Trump directed his supporters to the Capitol after he and other speakers again claimed the election was stolen and said Vice President Mike Pence and others needed to do something about it.
The Big Lie was amplified in the months leading up to January 6, according to the document, through right-wing outlets like One America News Network, Newsmax and Right Side Broadcasting. He went on to say that Trump’s misrepresentations were reinforced by our own local, state and national elected officials, including Senator Josh Hawley of Missouri, who sadly raised his clenched fist in mock solidarity with those gathered at the exterior of the Capitol before it broke.
Holloman-Hughes said the judge should take those issues into consideration when sentencing Rossman.
A defendant’s susceptibility to delusional thinking mitigates the seriousness of the offense and warrants leniency, she wrote. Although her beliefs are bigoted and misinformed, she said, Rossman’s underlying motivation was to preserve the integrity of the 2020 presidential election.
From this factually flawed view, Mr. Rossman’s willingness to follow Trump’s explicit January 6 directive to march on Capitol Hill is comparable to a misguided act of civil disobedience.
Members of Congress fear for their lives
Rossman traveled by bus from Missouri to Washington, D.C., on January 5, 2021, to protest congressional certification of the Electoral College. Prior to the trip, according to the government’s sentencing memorandum, he discussed with others on Facebook plans to bring guns and knives to Washington, DC.
In a chat, Rossman sent a photo of three knives and said on January 5, 2021 that he intended to conceal the knives, one for my boot, one for my waist, and one for my pocket. He also sent photos of guns he intended to take to Washington, DC.
Rossman later told authorities that he ultimately decided not to bring these items to DC.
When Rossman and other rioters began to occupy the presidents’ offices on Jan. 6, according to the government memorandum, congressional staffers barricaded themselves in a nearby conference room. They huddled in the dark, he added, fearing for their lives as they heard protesters yelling at their boss.
Video taken by another protester shows Rossman entering a conference room in the Presidents’ office suite where a laptop was open, according to the document.
Protesters around Rossman can be heard on the video chanting, Nancy, where are you?, We have something to say, This is Johnny, where are you?, Who’s gonna hack it? in reference to the open laptop, they ran away from here in reference to the occupants of the office, and you scared the little democrat, among other things. The glass can be heard breaking while Rossman is still in the conference room. Rossman can be seen in the video with his camera phone, taking pictures.
Prosecutors said Rossman did not appear to understand that there were terrified staff members hiding from the crowd: Instead, he bragged to friends in private messages that he had arrived as far inside the building. He also took several photos to prove he was inside the building and sent them to people on Facebook.
The defendant wanted the government to pay the travel expenses
Rossman is the 14th Missouri resident to be convicted in connection with the Capitol riot. Two others have pleaded guilty and are awaiting sentencing, and two are due for trial early next year. The cases of five other Missourians charged in the Capitol riot are pending in court.
In September, Rossman filed a motion asking the judge to hand down his sentence by videoconference rather than in person. This practice has been allowed regularly during the COVID-19 outbreak, but has been discontinued for felony cases and is up to the judge with respect to misdemeanor cases.
While Howell denied Rossman’s request and compelled him to attend his sentencing in person, his motion indicated that he wanted the court to order the US Marshals Service to pay his travel expenses.
His reasoning: Mr. Rossman lives in Independence, Missouri, about 1,050 miles from the District of Columbia. Mr. Rossman was found to be indigent by this court. He earns $25.00 an hour. His rent is $1260.00 per month. He owns a car, but the trip would be 20 hours each way. In December it can take several days and be dangerous depending on the weather. In addition, Mr. Rossman would lose his job if he were absent for more than a few days.
Howell would have none of that.
Such authorization was unwarranted, she wrote, given the seriousness of the underlying offence, in which the defendant traveled to that district and participated in the perimeter security breach and the entrance to the United States Capitol on January 6, 2021.
Rossman had to be present during his sentencing, Howell wrote, both to reflect the seriousness of the offense and to promote respect for the law.
Regarding his claim for travel expenses, Howell testified that the defendant was able to travel to Washington, DC, to engage in the criminal conduct that is the subject of these proceedings.
The interests of justice would not be served if the U.S. government paid for the defendant to make the same trip now that he is to be convicted for this offending conduct.
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Judy L. Thomas joined The Star in 1995 and is a member of the investigative team, focusing on surveillance journalism. For three decades, the Kansas native covered domestic terrorism, extremist groups and clergy sex abuse. His stories of Kansas secrecy and religion have received national recognition.
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