KNOXVILLE, Tenn. — An East Tennessee man accused of assaulting law enforcement and plotting to kill FBI agents is likely headed to trial, according to an order entered by a federal judge.
Edward Kelley is facing 11 charges in the U.S. District Court for the District of Columbia for his actions on Jan. 6, 2021. Separately, he's facing charges tied to a plot to kill the FBI agents who investigated him in the U.S. District Court for East Tennessee.
An order after a Feb. 20, 2024, status hearing before Judge Coleen Kollar-Kotelly said Kelley decided to reject a plea offer by the U.S. Government and proceed to trial.
Since March 24, 2023, Judge Kollar-Kotelly has encouraged Kelley and prosecutors to come to an agreement to resolve the case in Washington, D.C. and the case in East Tennessee, court records show. Kelley's lawyer told the court he rejected the prosecution's offer, the order said.
"When a defendant, particularly in the federal system, chooses to go to trial, they lose the benefit in terms of a sentencing analysis, should they be convicted, of things called acceptance of responsibility," said Don Bosch, an attorney and legal analyst for WBIR. "Going to trial, there's a phrase that we use called, 'Paying rent on the courtroom.' If you lose, you're almost certain as a defendant to pay substantial rent on the courtroom."
The order from this month shows Kelley is "amenable to proceeding with a bench trial." A bench trial would have no jurors, the Judge would decide the outcome.
"With a bench trial, there is only one. Most criminal defense lawyers would rather take their chances with 12 than they would with one," Bosch said.
Judge Kollar-Kotelly indicated Kelley's lawyers would like the trial to be set for Fall of 2024.