Former Shaler substitute teacher, Capitol attack suspect seeks release; for now, he’ll be transferred to different jail
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The former Shaler substitute teacher charged with participating in the Jan. 6 Capitol riot again is seeking his release from pretrial custody, alleging he was subjected this week to a strip search after a meeting with a new attorney.
Robert Morss, 28, has remained in custody since his arrest in June.
“This was an outrageous assault,” said attorney John Kiyonaga during a hearing on Friday. “With a lesser inmate, it would have ended much differently and tragically.”
He asked to provide further details of the incident to the court under seal.
Morss’ public defenders filed an emergency motion Thursday, describing a meeting he had Wednesday evening with Kiyonaga, who was his prospective lawyer at the time, at Washington, D.C.’s Correctional Treatment Facility.
The motion said a staff member at the jail accused Morss of a “pretextual disciplinary violation” that then led to a corrections officer “surreptitiously peering” into the attorney conference room during the visit. Kiyonaga said he demanded to speak to a supervisor at the facility, who ultimately assured him Morss would not be charged with any infraction.
However, after the attorney left, the motion said, Morss was ordered to strip and “subjected to an inspection of unmistakable sexual overtone.”
“When (Morss) asked to be told the regulatory authority for the order, he was handcuffed and moved by five correctional officers into a windowless room,” the motion said. “There, with the door closed, all five correctional officers drew their tasers and demanded that he remove all his clothing.
“When Mr. Morss questioned the express order to remove his boxers (in roughly six contact attorney visits, he has never previously been asked to do so), he was told he would be tased and placed in the ‘Hole’ if he refused to do so. He was subsequently subjected to an extensive search of his naked person.”
During Friday’s hearing, U.S. District Judge Trevor N. McFadden said he didn’t think Morss’ motion rose to the level of an emergency and he would give the government a chance to respond to the defense filing.
However, Kiyonaga asked if the judge would consider moving his client to a correctional facility in Alexandria, Va., pending resolution of the motion.
“I have a fear he’s going to be retaliated against,” the attorney said. He said the corrections officer who initiated the “bogus disciplinary infraction” was engaged in “vindictive dishonesty.”
“The indignity reportedly inflicted on Mr. Morss raises serious concerns about institutional bias and mistreatment toward Capitol riot defendants across the board,” the motion said.
Judge McFadden said he would not make any findings about the facility where Morss is being held. He also said he could not move the defendant to Alexandria.
He did, however, agree to have the U.S. Marshals move Morss to Northern Neck Regional Jail in Warsaw, Va.
“Strip searches are a somewhat routine occurrence in incarceration and in particular in a jail setting where someone has met with a person from outside, including an attorney,” the judge said.
He will consider Morss’ motion for release after the prosecution has a chance to respond.
Also during Friday’s hearing, McFadden granted Morss’ motion to substitute counsel. Until Friday, Morss was represented by federal public defenders from Philadelphia.
Morss sought to change, in part, he said, because his new attorney, Kiyonaga, is a former Army Ranger.
“Due to his military service, he can relate to my background and how I’m trying to live my life,” Morss said. Morss served in the Army upon high school graduation and did three combat tours in Afghanistan.
He said he considers Kiyonaga’s service as a Ranger a blessing that gives the lawyer insight into his character.
“I’m thankful someone knows how to speak my language.”
Assistant U.S. Attorney Melissa Jackson objected to Kiyonaga taking Morss’ case because he also represents a co-defendant in the Jan. 6 attack.
However, the defense noted the co-defendant, Geoffrey Sills, did not know Morss, conspire or collaborate with him at the Capitol that day. They simply were charged together in the same indictment.
Both men waived any potential conflict of interest in being represented by the same attorney.
McFadden granted the request, noting there are nine co-defendants in the case, and if it were to go to trial, they would be separated into smaller groups anyway.