Iced Earth guitarist and founder Jon Schaeffer has been held in an Indiana jail awaiting extradition for his role in the insurrection against the United States on January 6th at the Capitol. Schaeffer has charged with six federal crimes. He has been in a cell since January 17th. Now, the attorneys have filed a motion to dismiss the charges against the guitarist for his involvement under the claim that the government has violated the Speedy Trial Act, which establishes maximum time periods for different stages of federal criminal prosecution. Since the Speedy Trial Act required the government to file an information or an indictment within 30 days of Schaffer’s arrest, the “complaint must be dismissed,” they wrote.
Court documents filed by Schaffer’s attorneys on March 9 — and obtained by Blabbermouth.net — request that he be released immediately
Schaffer is still awaiting extradition to Washington D.C., nearly seven weeks after U.S. Magistrate for the Southern District of Indiana judge Mark Dinsmore signed an order for the ICED EARTH guitarist to appear in D.C.’s district court. Schaffer is being held by the U.S. Marshal Service at the Marion County Jail.
Schaffer waived his preliminary hearing as well as his rights to an identity hearing and production of a warrant seven weeks ago in the U.S. District Court for the Southern District of Indiana, court documents state. He was supposed to be transported by a United States marshal to Washington, D.C. where government lawyers and Schaffer’s legal team have mutually agreed to handle all proceedings.
Schaffer is entitled to a hearing on the issue of pretrial detention upon his arrival in D.C., court documents said.
Seven weeks ago, government lawyers asked the judge to not offer Schaffer a bond when he goes in front of U.S. magistrate.
Schaffer must prove to the federal magistrate that he is not a threat to himself or the public before being released on bail. Others who have been charged for insurrection at the Capitol have been given bail but ordered to surrender their firearms, avoid contact with other alleged Capitol rioters and stay away from all state capitol buildings. Some other alleged rioters have been prohibited from using social media and participating in any political rallies.
