Giustino posted on social media how police were spraying tear gas at people near him outside. Surveillance shows he walked into the rotunda of the Capitol with others and walked out. There is no evidence showing he engaged in violence.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Frank
- Last Name(s): Giustino
- Case Number: 23-cr-00016
- Arrest Location: Long Island, NY
- Judge: Zia Faruqui
- Judge: James Boasberg
- Entry Last Updated: 06/17/2023
- Date Docket Downloaded: 04/24/2022
- Currently Incarcerated: No
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Charges
18 U.S.C. § 1752(a)(1)- Entering and Remaining in a Restricted Building (1) 18 U.S.C. § 1752(a)(2)- Disorderly and Disruptive Conduct in a Restricted Building (2) 40 U.S.C. § 5104(e)(2)(D)- Violent Entry and Disorderly Conduct in a Capitol Building (3) 40 U.S.C. § 5104(e)(2)(G)- Parading, Demonstrating, or Picketing in a Capitol Building (4)
Case Status
Giustino was arrested on 1/11/21. He initially appeared in court on 1/13/22. He was released on personal recognizance on 01/13/22. 1/1/23 Indicted. On 2/1/23, he plead guilty to count 4. Sentencing was scheduled for 5/2 but did not take place. The next status conference is on 6/23/2 at 2 30 pm virtually.
USA Attorney
Douglas Collyer
Douglas Collyer
DOJ-USAO
Gateway Building
14 Durkee St.
Room 340
Plattsburgh, NY 12901
518 314 7818
[email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: US Assistant Attorney
Frank Rocco Giustino's Mailing Address
NA
Please note: Prisoner mail is reviewed by guards. Please keep messages of encouragement to a general and/or religious nature. For example, do not mention the events of Jan. 6th or other current events under criminal investigation.
Case Documents
- Frank Rocco Giustino Docket Sheet as of 04/24/2022
- DOcket-Download-3.7.22
- #1-Criminal Complaint
- #4-ORDER granting 3 Motion to Seal Case as to FRANK ROCCO GIUSTINO
- #5-Arrest Warrant, dated 1_3_2022, Returned Executed on 1_11_2022 as to FRANK ROCCO GIUSTINO_
- #7-NOTICE OF ATTORNEY APPEARANCE_ Evan Sugar appearing for FRANK ROCCO GIUSTINO (Main Document 7 replaced on 1_13_2022) (zltp)_
- #8-ORDER Setting Conditions of Release as to FRANK ROCCO GIUSTINO (1) Appearance Bond
- #10-Joint MOTION to Continue status conference and toll speedy trial by USA as to FRANK ROCCO GIUSTINO_
- #14-OR~1
- #15-Unopposed MOTION for Protective Order with respect to discovery by USA as to FRANK ROCCO GIUSTINO_
- #16- Joint MOTION to Continue status conference, Joint MOTION to Exclude speedy trial by USA as to FRANK ROCCO GIUSTINO_
- #18-ORDER granting 16 Motion to Continue Status Hearing and to Exclude Time as to FRANK ROCCO GIUSTINO
- #19- PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal as to FRANK ROCCO GIUSTINO
- #20-MOTION for Order to disclose 6(e) material by USA as to FRANK ROCCO GIUSTINO
- #21-Joint MOTION to Continue status conference, Joint MOTION to Exclude speedy trial time by USA as to FRANK ROCCO GIUSTINO
- #23-ORDER granting 21 Joint MOTION to Continue status conference and Joint MOTION to Exclude speedy trial time by USA as to FRANK ROCCO GIUSTINO
- #24-Joint MOTION to Continue status conference, Joint MOTION to Exclude speedy trial time by USA as to FRANK ROCCO GIUSTINO
- #27-ORDER granting 24 Motion to Continue status hearing and exclude time as to FRANK ROCCO GIUSTINO
- #28-Joint MOTION to Continue status conference, Joint MOTION to Exclude speedy trial by USA as to FRANK ROCCO GIUSTINO
- #29-ORDER granting 28 Motion to Continue Status Hearing and Exclude Time as to FRANK ROCCO GIUSTINO
- #31-INFORMATION as to FRANK ROCCO GIUSTINO
- #35-MOTION to Continue Sentencing by FRANK ROCCO GIUSTINO
- #36-For the Record by FRANK ROCCO GIUSTINO
- #39-Refusal for Cause by FRANK ROCCO GIUSTINO
- #40-SENTENCING MEMORANDUM by USA as to FRANK ROCCO GIUSTINO
- #41-MOTION to Convert Hearing to status conference by FRANK ROCCO GIUSTINO
- #44-NOTICE of filing of items incompatible with CM_ECF filing by USA as to FRANK ROCCO GIUSTINO
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