NJ Gym Owner Charged In Capitol Riot Spends 23.5 Hours In Cell

NORTH JERSEY — His client's only allowed a half-hour a day outside of his cell and Harley Breite said he hasn’t met with Scott Fairlamb yet in person since he’s been incarcerated for his involvement with the Jan. 6 Capitol riot.

Though Breite emphasized some positive new developments in Fairlamb's case on Wednesday, with some just happening before the virtual status conference held on Zoom with Judge Royce C. Lamberth of the District Court of the District of Columbia, he told Lamberth about some "glitches" with his communications with and ability to see Fairlamb, plus addressed Fairlamb's confinement.

Fairlamb, 44, who lived in Stockholm for a year before he participated in the riot, was present during the Zoom proceedings from jail in Washington D.C.

He was indicted on 12 counts in February, including assaulting a police officer, disorderly conduct and entering a restricted building with a deadly or dangerous weapon.

Breite said the government “has been working very earnestly and honestly” with he and Fairlamb and reported progress for in-person visits with Fairlamb, with three separate dates approved, but no exact times yet. Breite said he’s trying to get a more specific time since he’ll be traveling directly from New Jersey to meet with Fairlamb.

"Draconian Conditions"

“I must say I’ve never encountered the difficulties that this jail put forth,” Breite told Lamberth.

Breite said in spite of having his request to see Fairlamb on his practice’s letterhead, the reply from the jail asked information about a personal relationship with Fairlamb, the letter questioning if they were friends, spouses, romantic partners or another similar relationship.

“I too laughed when I read this, but I thought this is a serious violation of not only attorney-client privilege, but it impedes upon the Constitutional Rights of all inmates, not just my client,” Breite said.

He said it’s been a first in his career being asked these types of questions, which included what the general purpose of his visit with Fairlamb would be.

“An attorney-client visit would speak for itself,” Breite added.

Breite described the requirements to Lamberth as “almost Draconian,” but he complied anyway and received an answer Wednesday that he could have a 6 p.m. visit with Fairlamb when he does get to come.

However, Breite explained he’s uncertain how long he’ll actually need to meet with Fairlamb when they can finally do so in-person; and that time of day may not give them adequate time.

He’s also unsure how Fairlamb can view “a plethora” of video footage that the two need to review together, when they can meet.

He said he was directed by the jail to its general counsel for help with how to give Fairlamb access to view video files, but was given no name. He said in the time he’s searching for the general counsel, he could be reviewing discovery, communicating with the government or preparing for court.

“I’m not here to complain, I’m here to make a record,” Breite said about these claims, as well as about the next topic he addressed, with what he called “an abomination of every inmate’s rights.”

Half-Hour Outside Of The Cell

Breite told Lamberth next that Fairlamb was in his cell 23.5 hours each day.

“I’ve got death penalty cases and lost murder cases, where my clients are facing life in prison, and they’re out of their cell more than a half hour,” Breite said.

Breite said he’s not sure how Fairlamb could prepare for the case under those time constrictions, when part of that half-hour each day is spent showering.

He also said Fairlamb is a leukemia survivor with a doctor’s request to exercise, but the time doesn’t permit it, with Breite concerned for Fairlamb's health.

Breite had heard that Fairlamb could email with him by some means, but it hasn’t been set up and the jail tech team hasn’t responded yet.

"Improper" Questions Addressed

Though Lamberth didn’t address Fairlamb's hours in confinement, he called the correspondence from the jail sent to Breite asking relationship questions "improper.”

He did provide the name of the jail’s general counsel to Breite - Eric Glover - Lamberth stating he’d have his law clerk give him Glover’s phone number.

Otherwise, he said if it can’t be worked out between Glover and Breite, Lamberth will resolve the complaint from the bench.

“I won’t leave you to fend for yourself on these types of issues,” Lamberth said.

In the past, Lamberth said with the General Counsel that preceded Glover, Lamberth never had to hold a hearing.

Plea Offer Update

Assistant U.S. Attorney Leslie Goemaat reported the prosecution is still reviewing “a voluminous number” of materials pertaining to Jan. 6, with over 90,000 pages obtained from a social media search warrant, combing them for photos and videos of Fairlamb.

“We’ve made a lot of progress, and I’m working very cooperatively with Mr. Breite,” Goematt said.

Goematt said she’s been helping Breite to coordinate his visit to the jail with Fairlamb. She called it “unacceptable” that Breite would have difficulty seeing Fairlamb in person.

During the hearing, Goematt - after learning Breite couldn’t receive information about how to send items to Fairlamb for his review - said she’d provide him with instructions. She said there’s a way to upload items, which Fairlamb can look at on a laptop from his cell.

She also said a plea offer was extended for Fairlamb, but Breite needs to be able to discuss it with Fairlamb in person first.

The next status conference for Fairlamb has been scheduled for Monday, Aug. 23.

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Reporting contributed by Russ Crespolini.

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