KNOXVILLE, Tenn. — Prosecutors portray Edward Kelley as a man determined to murder federal agents investigating the Jan. 6, 2021, riot at the U.S. Capitol after Kelley himself clashed with a police officer and forced his way inside the seat of government.
The defense, however, argues Kelley, 35, of Maryville, never made actual plans to assassinate anyone. It was all just talk, defense attorney Mark Brown said.
Kelley's trial started Monday in U.S. District Court in Knoxville on counts of conspiracy to murder federal agents, solicitation to commit a crime of violence and influencing a federal official by threat. Judge Thomas Varlan is presiding.
This is not Kelley's first trial.
Earlier this month, a federal judge in Washington, D.C. convicted Kelley of both felonies and misdemeanors in connection with his participation in the infamous insurrection outside and inside the legislative landmark. Hundreds of other rioters have faced a similar fate. Kelley threw an officer to the ground and then forced his way into a Senate wing window.
He'll be sentenced for those crimes at some point after this week's trial. Meanwhile, he's in custody.
Monday afternoon the government called Christopher Roddy, a former co-worker of Kelley's, as its first witness. Roddy, who has not been charged with any crime, was a cooperating witness for the prosecution as indicated in federal court records.
Roddy, now working as a Tennessee Highway Patrol trooper, said he got to know Kelley, also known as "Eddie" in late 2021. Kelley ended up briefly in 2022 doing work with Roddy for a firm that provided security at low-income South Knoxville apartments, Roddy testified.
In May 2022, Kelley was arrested and charged with taking part in the Jan. 6 insurrection. That arrest and the ensuing seizure of his personal guns hardened him, prosecutors allege.
During the course of Roddy's relationship with Kelley, he testified that he, Kelley and a man named Austin Carter created a private chat group they called "Be Prepared".
In December 2022, Kelley met with the two men and briefed them about plans he had for "reconnaissance missions" and "assassination missions", prosecutor Casey Arrowood told jurors in his opening statement. He wanted to target the FBI.
A few days after that, Roddy testified, Carter gave him an envelope that he said was from Kelley. When Roddy opened it, he found two sheets of paper that included the name of a female FBI agent he recognized from a past conversation with Kelley. He also recognized the name of a man he personally knew and had worked with, he testified.
Roddy then ended up alerting the FBI about the alleged plot. He cooperated further by recording conversations in which Kelley spoke of things like attacking the FBI headquarters in West Knoxville, the government alleges.
Roddy's testimony continues Tuesday. Other witnesses expected to testify include FBI personnel involved in Kelley's case as well as Carter, who has pleaded guilty and agreed to testify against Kelley. Carter is awaiting sentencing in that case.
Defense attorney Brown, in his opening statement to jurors Monday, told them the government's case against his client wasn't nearly as ominous as the prosecution portrays it.
"You're not gonna find a plan. There was no plan between Kelley and anyone ese to conspire to kill federal employees," he said.
The communications in that private group among the three men was just "conversations," he said.
He reminded jurors that Carter cut a deal with prosecutors. He said the FBI was "upset" at Kelley.
"You can't attack a building with three people -- and that's all they had," he said.
