Sentencing For NJ Gym Owner Charged In Capitol Riot On Nov. 10

NORTH JERSEY — Scott Fairlamb, who was originally indicted on 12 counts in February and pleaded guilty to two this past Friday in Federal Court, is expected to be sentenced on Wednesday, Nov. 10.

His attorney Harley Breite told Patch on Tuesday the original sentencing date of Sept. 27 wouldn’t have given adequate time for pre-trial services; and was rescheduled to also allow for Briete to prepare the sentencing memorandum, asking for a reduced sentence.

Fairlamb, 44, was one of two people to have pleaded guilty on Aug. 6 to assaulting a member of the Metropolitan Police Department on Jan. 6, the other Devlyn Thompson, 28 of Seattle, Washington, according to a news release from the U.S. Attorney’s Office. Fairlamb also pleaded guilty to obstructing an official proceeding.

When asked about any precedent that could be set in Fairlamb’s case, Breite responded, “The issue of setting precedent is irrelevant to me.”

“My client’s best interests were served regardless of any other case similar to his,” Breite continued.

During the Aug. 6 virtual hearing, Judge Royce C. Lamberth confirmed through a series of questions that Fairlamb voluntarily waived his rights by making his plea, Fairlamb answering Lamberth's questions with, “Yes, your Honor.”

For assaulting a member of law enforcement, Fairlamb could normally face up to a $250,000 fine and eight years in prison, with up to 20 years and a $250,00 fine for the obstruction of an official proceeding.

However, under a plea agreement being worked out with U.S. Attorney Leslie Goemaat, discussed during the proceeding on Aug. 6, Fairlamb will be expected to pay $2,000.

Breite confirmed on Tuesday the fine amount isn’t going to exceed that; and Lamberth said during the hearing, “I don’t impose fines that people can’t afford.”

For the sentencing memorandum, Breite said he is preparing to ask that Fairlamb's sentence get whittled down from the 41 to 51 month timeframe. The memorandum needs to be ready approximately a week ahead of Fairlamb’s hearing for sentencing, for Goematt and Lamberth to review it.

Since he’s represented Fairlamb, Breite has yet to have been allowed to meet with him in person, something he said should happen soon. Breite has been able to meet in person with members of Fairlamb’s family, he told Patch.

At a hearing in June, Breite had expressed his upset that Fairlamb has been confined for 23.5 hours daily, with Fairlamb - in a letter that his wife posted to an online fundraiser she’s coordinated - stating he is confined for 26 hours straight every other day. Fairlamb wrote that he has been in solitary confinement since March 16, following his initial detainment on Jan. 22.

“I’m strongly displeased with the manner in how he’s been detained,” Breite said, telling Patch in previous interviews he’s had death row clients who’ve had more time out of their cells.

“It’s a very harsh confinement,” Breite added.

If there are any possibilities that Fairlamb’s daily time in confinement could be lessened, Breite said it needs to be worked out through the Department of Corrections.

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Questions or comments about this story? Have a news tip? Contact me at: jennifer.miller@patch.com.