Man charged with attempting to kill Brett Kavanaugh headed to trial

A California man accused of attempting to murder Supreme Court Justice Brett Kavanaugh two years ago appears headed for trial after protracted plea negotiations failed to yield a deal, a court filing from prosecutors Friday said.

Nicholas Roske was arrested near Kavanaugh’s suburban Maryland home in the early morning hours on June 8, 2022, while allegedly carrying a Glock pistol, a tactical knife, two magazines of ammunition, pepper spray, a hammer, a screwdriver, a crow bar, duct tape and soft-soled boots that can be used to move quietly.

According to court records, Roske told police he wanted to kill Kavanaugh because he was angry over a forthcoming Supreme Court decision on abortion rights and rulings limiting gun control. A federal grand jury in Maryland later indicted him on a charge of attempted murder of a Supreme Court justice.

Roske, of Simi Valley, California, has been in custody since his arrest and was ordered by a judge to undergo a mental health evaluation.

Prosecutors and defense lawyers have been discussing a potential plea deal in the case for more than a year, but in a report to the court earlier this month, lawyers from the U.S. Attorney's Office in Maryland said they would seek a trial date if no deal was reached by this week.

On Friday, prosecutors informed U.S. District Judge Peter Messitte that the talks had failed to reach agreement and asked him to take steps to set a trial.

“As of this date, the parties have not been able to agree upon the terms for a pretrial resolution of this case,” prosecutor Kathleen Gavin wrote in a report to the court . “Accordingly, the government requests a scheduling conference to set …dates for pretrial motions and trial. Counsel for the defendant has advised that he joins in this request.”

Roske was able to get within feet of Kavanaugh's home despite ramped up security by U.S. Marshals following protests that broke out after POLITICO's exclusive report the previous month on a draft Supreme Court opinion overturning the right to abortion.

Police reports indicate Roske got out of a taxi with a bag after midnight in front of Kavanaugh's residence, but was not immediately interrogated by the deputy marshals standing guard on his lawn.

Roske later called 911 at the urging of his sister and told police of his plans, according to the police reports. He was arrested a short time later in a driveway near Kavanaugh's home.