An attorney for high-profile Jan. 6 defendants has decided to stay on Richard "Bigo" Barnett's legal team through his sentencing, which is scheduled for May 3 in Washington, D.C.
After a two-week trial in January, Barnett, of Gravette, was found guilty of eight charges in connection with the U.S. Capitol riot of Jan. 6, 2021. He faces a maximum of 47 years in prison.
Bradford L. Geyer of Cinnaminson, N.J., filed a motion on March 13 to withdraw as one of Barnett's four attorneys.
But after a somewhat tense exchange in a teleconference hearing on Monday with U.S. District Judge Christopher R. Cooper, who presided over Barnett's trial, Geyer has decided to stay on.
"If I would have known that the court was uncomfortable, I probably would have been more strident about staying on," Geyer told Cooper on Monday. "To me, this is just the sentencing proceeding, and all the issues have been thoroughly briefed all the way through. We were over-attorneyed."
"Counsel, it's not about my comfort level," said Cooper. "It's making sure that Mr. Barnett's rights are protected, and that's your obligation, all right? ... You say it's just a sentencing proceeding, but to most criminal defendants, it's much more than just a sentencing proceeding, all right? It may be the most important proceeding in the case."
Barnett faced enhanced charges for carrying a stun gun into the Capitol that day. While there, he posed for photos with his foot on a desk in House Speaker Nancy Pelosi's office suite.
Besides Geyer, two other members of Barnett's legal team -- Joseph McBride of New York City and Carolyn Stewart of Plant City, Fla. -- also filed motions to withdraw from the case.
On Monday, Cooper said it was "rare" for attorneys to withdraw from a case before sentencing.
Those three withdrawals, if granted, would have left Jonathan Gross of Baltimore as the lone remaining member of Barnett's legal team to handle his post-trial, pre-sentencing matters, including requests for an acquittal or new trial, and any possible appeal.
Gross filed a brief in another case March 16 saying he is "a constitutional rights attorney who has never in his life practiced criminal law."
"Sentencing law certainly is criminal law," Cooper said during Monday's hearing.
The judge said he wanted to make sure the attorneys had conferred with Barnett about their impending departure.
He cited Rule 1.6 from the American Bar Association's Model Rules of Professional Conduct: "A lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client."
"The court has an independent duty to make sure that withdrawal can be accomplished without material adverse consequences on Mr. Barnett and has an independent duty to make sure that Mr. Barnett's consent to the withdrawal is knowing and that he is comfortable putting those responsibilities in Mr. Gross' hands alone," Cooper said during the hearing.
He gave the attorneys until the end of the day Wednesday to confer with Barnett and report back to the court, saying whether "he still consents to the withdrawal or that one or more of you will continue in the case to assist Mr. Gross with sentencing."
Barnett participated in Monday's hearing.
In a court filing on Wednesday, Gross wrote, "Mr. Barnett has since decided to terminate his attorney-client relationship with attorneys McBride and Stewart. He has chosen to proceed with attorneys Geyer and Gross.
"Attorney Geyer has extensive experience with criminal history in the federal system and with January 6 defendants in particular. He and Mr. Gross represented Mr. Barnett during trial. Mr. Barnett will have representation through sentencing and to file his Notice of Appeal, if necessary, supplemented by Mr. Geyer at no charge. ...
"Mr. Geyer has informed undersigned counsel that he remains convinced of Mr. Barnett's innocence and withdraws his request to withdraw based on the Court's comments and based on Mr. Barnett's decision. Moreover, the attorneys agree that the above arrangement fully satisfies Mr. Barnett's defense requirements and is in the interests of justice."
Other Jan. 6 defendants Geyer has represented include Kelly Meggs, the leader of the Florida chapter of the Oath Keepers, and Kenneth Harrelson, who was described by the U.S. Department of Justice as "an associate" of the organization.