Accused Polk County Capitol rioter wants trial held in Tampa, not Washington D.C.

TAMPA, Fla. - Fresh off his latest victory in court, accused Capitol rioter and Polk County resident Joshua Doolin is mounting another legal battle.

Doolin's trial is set for September, in Washington D.C. but now he is asking a judge to move it to the federal courthouse in Tampa, which is much closer to home.

Doolin’s attorney, Allen Orenberg, argues a change of venue is necessary. 

He wrote, "Residents of the district sitting as jurors are highly likely to view Mr. Doolin not only as someone who victimized them, but also as someone who might victimize them again in the future." 

Tampa defense attorney Bjorn Brunvand reviewed the court filing for Fox 13 and explained the crux of the defense argument.

"Can a jury be selected who can be fair and impartial despite what they were exposed to?" asked Brunvand.

Orenberg says the jury pool in D.C. is tainted by excessive media coverage, which inflamed the passions of those who live there.

"From living there, from residing in Washington D.C., that it is impossible for the jurors to put that exposure aside," explained Brunvand.

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Recently, a D.C. judge ruled in Doolin’s favor and had his case severed from his co-defendants who all face charges for their involvement in the January 6 attack at the Capitol.

Doolin argued he wouldn't get a fair trial if he was lumped in with the group, which faced more serious charges.

"He was not charged with any violent conduct. He was charged with two misdemeanors and he did not want the alleged conduct of his codefendants, which included violence, to affect his ability to have a fair trial," Brunvand explained.

READ Capitol Riots: Complete list of Tampa Bay area arrests in Jan. 6 attack

The judge agreed in that situation, but can Doolin's attorney do it again and convince the judge his client's trial should be moved to Tampa.

Brunvand believes the judge will go forward with jury selection in D.C. and if they cannot seat a jury, the judge could consider moving the trial at that time.