Rioter who hit police with a baseball bat loses bid for jail release

WASHINGTON (CN) — Despite the man's claims of abuse in jail and other issues, a federal judge refused Monday to order the release of a 26-year-old who fought police for over two hours during the Jan. 6 riot at the U.S. Capitol. 

According to video evidence, some of which the upstate New York filmed himself, Edward Jacob Lang hit officers with an aluminum baseball bat and protective shields, and kicked an officer that was on the ground. 

Lang has been charged with 13 counts, including several felonies, but his attorneys say the defendant was a source of help that day to people who were being trampled or beaten by police officers. One individual even credits Lang for saving his life. “There was no intention to actually harm. It was more warning signs, more trying to separate two crowds, more adrenaline,” said Steven Alan Metcalf, Lang’s attorney. "This is about him jumping into a chaotic situation and doing what he can.”

At a hearing Monday in Washington, Lang told U.S. District Judge Carl J. Nichols that he was locked in his cell for 23 hours a day during the first few months following his arrest. Lang says has been physically and mentally abused by guards during the ongoing solitary confinement. He says his rations have been cut in half, he hasn’t been able to exercise his right to worship, and he hasn’t been able to shave, get a haircut, or even use nail clippers.

“I am currently locked in my cell for 18 and a half hours a day with sensory deprivation,” Lang said. “I’m deprived of so many things that I wouldn’t even be in the right mindset to help even if I were able to.” 

In addition to jail conditions, Lang and his attorneys argue that it’s extremely difficult to communicate with each other. When his attorneys visit, Lang talks to them through plexiglass, and everyone on Lang’s side can hear what he says. Lang has also refused to get the vaccinate against the novel coronavirus, meaning he would need to quarantine for two weeks after if if he ever wanted to meet with his attorneys in a confidential setting face-to-face. 

"Each time discovery is disclosed to us, there'll be a delay in getting it to him,” Metcalf told Nichols. 

Metcalf said that he has tried to send Lang two letters and an email containing discovery that were returned to him without reaching Lang. He argues that Lang needs to be released from jail to review dozens of hours of video evidence. 

“The video was the first minute I’ve seen of myself in 244 days,” Lang told Nichols, referencing a video of himself that was shown in his Monday court hearing. “I haven’t seen anything. It’s horrifying to me because I want to tell my side of the story.”

Nichols noted, however, that Lang’s defense attorneys haven’t even tried to use the jail’s laptops — which have long wait times and limited access. With this in mind, the judge said he isn’t prepared to modify Lang’s confinement conditions. 

“How am I supposed to decide if the current policy is unworkable for you if you haven’t tried under the policy?” Nichols asked. 

Nichols also said that he had to deny the motion for release because Lang has not shown any remorse for his behavior at the insurrection, where the defendant was at the front of a mob and verbally encouraging violence. 

“This conduct was not in a momentary heat of passion,” Nichols said. “This was conduct over the course of a couple of hours.”

Nichols said he would be willing to review a motion to modify Lang’s confinement conditions if they find the jail’s laptop policy to be unworkable. Until then, Lang will remain behind bars. 

Earlier on Friday, Tam Dihn Pham, a Houston police officer and devout Buddhist, pleaded guilty to parading, picketing or demonstrating in the Capitol. He faces up to six months in prison. 

Read the government's opposition to Lang's motion, and the defendant's reply.
Follow Samantha Hawkins on Twitter

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