Alderman Gino DiGiovanni, Jr. addressed the media in September.
DERBY – A federal court appearance scheduled for last week in the case of the USA vs Gino DiGiovanni was pushed to 1 p.m. Dec. 12 in U.S. District Court in Washington, D.C.
DiGiovanni, an Alderman representing Derby’s Second Ward, was arrested on Aug. 15, 2023 in connection to his alleged participation in the Jan. 6, 2021 insurrection in the U.S. Capitol Building in Washington, D.C.
According to an arrest warrant, DiGiovanni is charged with:
Entering and remaining in a restricted building or grounds
Disorderly and disruptive conduct in a restricted building or grounds
Disorderly conduct in a Capitol building
Parading, demonstrating or picketing in a Capitol building
DiGiovanni has repeatedly said he was at a rally to support President Donald Trump on Jan. 6, and that he was with a large crowd who breached the Capitol Building — but that he was not involved, nor did he see, violence or property damage.
DiGiovanni, in an interview with The Valley Indy in November 2022, said the weight of the crowd pushed him into the building, a police officer held the door open, and that he was in the building for a short time, damaging nothing.
DiGiovanni is also a member of the Derby Planning & Zoning Commission, and he’s the chairman of the Derby Republican Town Committee.
He was the Republican nominee for Derby mayor, and he defeated incumbent Mayor Rich Dziekan during a Republican primary in September.
DiGiovanni came in third in the Nov. 7 city-wide election for mayor, which was won by Joe DiMartino, a Democrat. Dziekan, a petitioning candidate, came in second, while Sharlene McEvoy, a petitioning candidate, came in fourth.
DiGiovanni had been scheduled to appear in federal court on Nov. 9, two days after Election Day.
However, prosecutors and DiGiovanni submitted a joint motion asking the court to delay that conference and preliminary hearing until Dec. 12.
It’s been a harrowing month for DiGiovanni and his family.
DiGiovanni’s father, Gino J. DiGiovanni Sr., passed away on Nov. 4. A wake was held on Nov. 10 and he was laid to rest on Saturday, Nov. 11.
However, the motion to postpone the Nov. 9 court hearing was based on the fact both sides need more time to “review and analyze discovery” in the case, according to an order granting the continuance signed by U.S. Magistrate Judge Robin Meriweather.
There’s a mountain of information to be shared and received, according to a motion authored by Assistant U.S. Attorney Katherine Boyles.
An image from the 'statement of facts.'
“The investigation of the Siege of the Capitol on January 6, 2021 (hereinafter, “the Capitol Siege”) is likely the most complex investigation ever prosecuted by the Department of Justice,” Boyles wrote. “Given the gigabytes of information contained not only in case-specific discovery, but also the terabytes of information in the global discovery available to all defendants, it will take time to search and review discovery materials.”
A “statement of facts” authored by a detective assigned to the Domestic Terrorism Squad in the FBI New Haven’s field office outlines the probable cause collected to lodge charges against DiGiovanni, who wasn’t on the Board of Aldermen/Alderwomen during the insurrection.
The document notes that the U.S. Capitol Building and the exterior plaza were closed to the public while members of the U.S. Senate and the U.S. House of Representatives met separately inside to certify the election of then President-elect Joe Biden.
As a rally where President Trump spoke wound down, a large crowd gathered outside the U.S. Capitol Building, with many breaching the secured areas and fighting with police. Others, including DiGiovanni, made their way into the building, which caused the proceeding inside to temporarily be halted. Elected officials were whisked away because of the threat caused by the trespassers.
The probable cause document does not accuse DiGiovanni of violence or destruction.
It notes that he was inside the building for 45 minutes, and appeared to be using his phone while he was in there.
The “statement of facts” is not the government’s entire case. It’s simply the info needed to establish probable cause. The document’s goal is to essentially establish that DiGiovanni was inside the U.S. Capitol Building on Jan. 6 using interviews (including with DiGiovanni himself, a witness and technology).
The document also provides info on how law enforcement went about targeting DiGiovanni.
In the fall of 2022, “civilian online investigators” identified DiGiovanni in photos as a person who entered the U.S. Capitol Building. The anonymous civilians then figured out that DiGiovanni was an elected official in Derby – information they passed along to Len Besthoff, an investigative reporter with NBC Connecticut.
Besthoff, holding photos from the insurrection, showed up to a Derby Board of Aldermen & Alderwomen meeting and, after the meeting wrapped up, asked DiGiovanni if he was the guy in the photos.
DiGiovanni confirmed that he was present and inside the Capitol on Jan. 6.
After that news report, the FBI sent additional photos to the detective now investigating DiGiovanni.
On Nov. 15, 2022 someone who knows DiGiovanni, identified only as “Witness‑1,” talked to the detective. The witness was not a stranger to DiGiovanni. He’s described in a court document as a person “professionally familiar with DiGiovanni and has known the subject for many years.”
The witness identified DiGiovanni in three photos taken during the insurrection, according to the statement of facts. The person gave the detective DiGiovanni’s cell phone number, which investigators were able to use to pinpoint the phone’s location within the U.S. Capitol Building.
In a video interview with The Valley Indy last year, DiGiovanni said he was part of a large crowd that gathered outside the Capitol. DiGiovanni shows tear gas in the air.
DiGiovanni said he was in the crowd but was not part of the attack.
DiGiovanni said at that point he was scared. He said he could move only in the direction of the crowd – which was up toward the U.S. Capitol building.
“It’s like you’re jammed in the middle of thousands and thousands of people,” he said.
He said he saw people entering the Capitol through a door (identified by officials as the Upper West Terrace entrance). DiGiovanni said he saw police officers just inside the doorway. He said it looked like they were allowing people inside.
He said he looked to him like the officers were providing refuge — a way out. The police officers did not talk to him as he passed.
DiGiovanni is still a Derby Alderman until December.
