Jonathan Pollock, accused of Jan. 6 crimes, seeks to have multiple counts dismissed

A lawyer for Jonathan Pollock , a former Polk County resident facing multiple charges related to the U.S. Capitol attack on Jan. 6, 2021, is seeking to have several counts dismissed.

Carmen Hernandez, Pollock’s assigned defender, filed two motions on Sunday, each requesting dismissal of multiple counts.

Pollock, 25, faces 17 counts on such charges as assaulting, resisting or impeding police officers using a dangerous weapon; theft of government property; entering or remaining in a restricted building or grounds with a deadly or dangerous weapon; an act of physical violence in the Capitol grounds or buildings; and civil disorder.

Pollock and his older sister, Olivia Pollock, traveled with relatives and friends to Washington, D.C., to attend former President Donald Trump’s “Stop the Steal” rally on Jan. 6, 2021. Trump, alleging fraud in the 2020 election, encouraged supporters to pressure Congress not to certify the election results.

Pollock’s group joined other Trump supporters in walking to the U.S. Capitol, where both houses of Congress were meeting to ratify the results of President Joe Biden’s election. Federal prosecutors alleged that Jonathan Pollock joined rioters who fought with police officers and forced their way toward the Capitol.

In a seven-page motion filed Sunday, Hernandez asked District Judge Carl J. Nichols to dismiss seven counts, arguing that federal prosecutors charged Pollock multiple times for the same offenses. The counts involve charges of assault, entering and remaining in a restricted area and civil disorder.

“In this case, the government has charged Mr. Pollock with 17 different counts arising out of essentially the same conduct,” Hernandez wrote. “The various counts overlap and in effect charge the same conduct.”

The charges against Pollock cover his actions from 1:56 p.m. to 4:32 p.m., according to the indictment.

Hernandez also filed a 31-page motion Sunday asking Nichols to dismiss counts of civil disorder against Pollock. Three counts charge Pollock with attempting to “obstruct, impede, and interfere with a law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder,” a violation of a federal law.

“None of these counts allege any specific acts undertaken by Mr. Pollock,” Hernandez wrote.

The lawyer also argued that prosecutors must prove that the civil disorder of Jan. 6 had an adverse effect on a federally protected function.

“None of the federal entities involved on January 6 is a ‘federally protected function,'" Hernandez wrote.

The motion argues the federal law that prosecutors cited in making the civil disorder charge is vague and unconstitutionally overbroad.

The motion questions using Congress’ Commerce Clause Authority for charges of civil disorder.

Hernandez further argued that “grand jury errors” warranted dismissal of the civil disorder counts. Pointing to the Fifth Amendment, she wrote that a defendant may be tried only on charges named in an indictment that a grand jury has approved.

"The instructional errors in this case – regarding the definition of a 'federally protected function' and the need for 'substantial' effect on interstate commerce – thwarted the dual responsibilities of the Grand Jury to include both the determination whether there is probable cause to believe a crime has been committed and the protection of citizens against unfounded criminal prosecutions,'" Hernandez wrote.

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The motion also asserts that Pollock suffered prejudice in instructions to the grand jury that issued his indictment. Pollock did not enter the Capitol "but instead is alleged to have remained in a ‘public forum’ (i.e., the Capitol Grounds) the entire time," Hernandez wrote.

The Department of Justice has released photos and videos captured outside the Capitol on Jan. 6, 2021, that it says show Pollock attacking police officers, in one case using a flagpole as a weapon.

Pollock avoided arrest when FBI agents came to his family’s property in June 2021 and arrested Olivia Pollock. He became a fugitive after a grand jury indicted him and remained so until January of this year, when FBI agents captured him in southern Lake County . They also arrested Olivia Pollock and their friend, Joseph Hutchinson III, both of whom fled shortly before their scheduled trials last year.

The Pollock siblings and Hutchinson are schedule for trial on Oct. 15 . All have pleaded not guilty.

In a recent court filing, Hernandez indicated that both Pollocks are in discussions with prosecutors to resolve the case before trial.

Gary White can be reached at gary.white@theledger.com or 863-802-7518. Follow on X @garywhite13.

This article originally appeared on The Ledger: Jonathan Pollock, accused of Jan. 6 crimes, seeks to have multiple counts dismissed