MIDLAND, TX – Local florist and alleged insurrectionist Jenny Cudd is making headlines once again. Cudd's legal team has requested a change of venue arguing she would not receive a fair trial in Washington, D.C.
According to federal law, a defendant must be tried in the place where the alleged crime occurred. Cudd's lawyer, Marina Medvin, is arguing her client would not get a fair trial due to the lack of political diversity in the area. Cudd is requesting the trial be moved to the Western District of Texas.
Back in February, Cudd was indicted on five charges after she allegedly entered the Capitol building after a violent mob stormed the building. She gained nationwide attention after portions of her Facebook live were widely shared.
In the video, Cudd describes the group that broke into the office of House Speaker Nancy Pelosi and took pictures flipping off the camera. She goes on to brag that the picture was shown on Fox News.
In the affidavit released by the FBI, the agency states it used Cudd's social media videos and posts as well as her interviews with local news media as proof of her involvement.
In one of the videos from January 6th, Cudd can be heard saying: "F--k yes, I am proud of my actions, I f--king charged the Capitol today with patriots today. Hell, yes I am proud of my actions.”
But according to Medvin, the statements made by Cudd were inflated and did not reflect what can be seen on the security cameras. The Virginia-based lawyer also claims the prosecution has not turned over all discovery materials as is required by law. In the filed motion, Medvin argues the U.S. Government has failed to provide the warrant that allowed agents to search Cudd's phone when she was arrested by the FBI.
Medvin goes on to argue that the issues with discovery along with the extensive attention her client received on social media and the news have tainted public perception of Cudd. She claims the constant use of words like "white supremacists," "insurrection," and "cancel culture" has also affected how Cudd is perceived in the public eye by potential jurors.
“Pretrial publicity and community prejudice in Washington D.C. is so likely to have affected the jury pool that the [entire panel] must be presumed as tainted,” argued Medvin in a written statement. "The facts of this case center around Donald Trump and his supporters. The evidence, in this case, is emotionally political in every respect. The jury who would hear the facts in Washington D.C. is the most politically prejudiced jury in the entire country."
The entire complaint spans over a 37-page motion.
In addition to moving the trial closer to Midland, Cudd and her co-defendant, Eliel Rosa, want to sever their cases. According to the FBI, Rosa and Cudd entered the Capitol building together and left together. Rosa resides in Midland after receiving politcal asylum from Brazil.
Citing multiple reasons in the motion, Medvina argues that by serving the cases Rosa could serve as a witness for Cudd -- something he cannot do if he is a co-defendant.
According to reports, Cudd is the first individual arrested in connection to the January 6th attack to request a change of venue.
For more details on the Jenny Cudd saga check out the following stories: