Malden's Sahady Wants Capitol Riot Trial Moved To Massachusetts

MALDEN, MA – Malden resident Mark Sahady, who was arrested and charged in connection to the Jan. 6, 2021, riot at the U.S. Capitol, has requested to move his trial from Washington to Massachusetts, where he said he believes potential jurors will be less biased, according to court documents.

In a motion filed March 17, Sahady requested a federal judge move his trial to Massachusetts, as he believes he “suffers from such a unique prejudice in Washington D.C., that he cannot obtain a fair and impartial [trial] here,” according to a court memorandum document.

Sahady was arrested on Jan. 19, 2021 by the FBI in connection with the riot at the U.S. Capitol building. He faces charges of disorderly conduct on Capitol grounds and knowingly entering or remaining in a restricted building without lawful authority.

Sahady has pointed to the media coverage of the Capitol riot and what he believes is “the resulting tainting of the jury pool in D.C” as the reasons for his request to move his trial venue, according to court documents.

Federal rules on criminal procedures require that trials for all crimes be held in the state where the crimes were committed.

However, a 2010 court case, Skilling v. United States, has created precedent that allows for an exception to this rule.

If a defendant requests a transfer and can demonstrate that “so great a prejudice against the defendant exists in the [original] district that the defendant cannot obtain a fair and impartial trial” based on three factors – “‘the size and characteristics of the community in which the crime occurred,’” “the presence of ‘blatantly prejudicial information’ in news stories available to jurors,” and “the time elapsed between the alleged crime and trial” – the defendants motion can be granted.

In his motion, Sahady claims he meets the three factors and compares his trial to that of Timothy J. McVeigh, who was responsible for the 1995 Oklahoma City bombing that killed 168 people. McVeigh's case was moved from Oklahoma City to Denver.

Sahady has pleaded not guilty on all counts, according to court documents.

Sahady is one of nine Massachusetts residents arrested and charged in connection to the Jan. 6, 2021, riot at the U.S. Capitol:

• Vincent Gillespie, 61, of Athol, was found guilty in December of 2022 on charges of assaulting, resisting, or impeding officers, civil disorder, engaging in violence in a restricted building or ground and committing an act of physical violence in the Capitol;
• On Dec. 2, ex-Natick Town Meeting member Sue Ianni was sentenced to a short prison term;
• On Dec. 8, Troy Sergeant, 38, of Pittsfield, was sentenced to more than a year in prison for attacking police;
• Ashland resident and former Brigham and Women’s Hospital physician Jacquelyn Starer was arrested for assaulting police;
• Brian McCreary, of North Adams, was sentenced in April to three years probation and 42 days of intermittent incarceration.

Three other locals, and Sahady, are awaiting either trial or a conviction over Jan. 6:

• Kevin Allen Chase of Seekonk;
• Noah Bacon of Somerville;
• David Lester Ross of Pittsfield.