WASHINGTON, D.C., USA — The third day in Kyle Fitzsimons’ trial wrapped up like it did the prior two days, with more proceedings left to complete. Court adjourned for the day Thursday evening after the prosecution and defense rested their cases. After a brief recess, the judge said closing arguments would be heard Friday morning.
The justice said Fitzsimons needed to leave the courtroom early on Thursday and he said it wouldn’t give the attorneys enough time to close out the trial.
Day three of the trial for Fitzsimons, who was charged with 11 counts of criminal behavior including six felonies, began with the defense’s cross-examination of Capitol Police Officer Aquilino Gonell.
Gonell began his witness testimony Wednesday when he described the chaotic moments holding the line outside the Capitol Building on Jan. 6, 2021. Gonell said Fitzsimons was the one who injured his shoulder, which he described as the worst pain he’s experienced in his life.
The injury he suffered required surgery to repair, and Gonell has not returned to active duty since then.
Fitzsimons’ attorney Natasha Taylor-Smith questioned Gonell for hours Thursday looking to find any discrepancies in his testimony compared to prior statements and interviews with news outlets.
Taylor-Smith attempted to show the court that there was no definitive evidence Fitzsimons assaulted Gonell. The attorney also asked Gonell how he could move his shoulder and arms despite being injured. The officer responded and said he needed to protect the Capitol and fight through the pain.
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In a redirect, the Department of Justice attorney showed video evidence and asked Gonell about Fitzsimons’ allegedly hindering his ability to render aid to an injured rioter. Gonell said Fitzsimons’ interaction with him and other officers prevented them from helping the injured person.
The final witness in the trial took the stand Thursday evening. Thomas Ryan, a special case agent with the FBI, said he’s reviewed 50 hours worth of footage of the Capitol riot since Jan. 6.
The prosecution spent it’s time questioning Ryan asking him to confirm the authenticity of third-party video evidence found on social media pages like YouTube, Facebook, and Parlor. The videos showed Fitzsimons attending former President Donald Trump’s rally that day, walking to the Capitol Building, helping other people get on a stage in front of the building, and interacting with police.
A video was also submitted into evidence, and made public by the judge, that shows Fitzsimons leaving the Capitol building with a bloody face.
The defense objected nearly every time a new piece of evidence was introduced, but those objections were settled when the attorneys met with the judge during the final break of the day.
In Taylor-Smith’s cross-examination of Ryan, she asked him about the effects of pepper spray that she said her client was exposed to.
Fitzsimons is expected to return to court Friday at 10:30 a.m. where closing arguments will be heard by the judge as this bench trial is expected to wrap up after its fourth day.