Ex-Fayette law clerk accused by U.S. Attorney of improperly representing Capitol riot defendants

Paul Peirce, Tribune-Review, Greensburg, Pa.
·3 min read

Sep. 2—The acting U.S. Attorney in Washington, D.C., complained to a federal judge this week that a lawyer representing 17 defendants in Capitol riot cases improperly used a Fayette County man "who is not a licensed attorney" to represent his clients during court appearances.

Defense attorney John Pierce of Los Angeles has been sending an associate, Ryan Marshall of Uniontown, to represent clients in his absence, according to court documents filed by Acting U.S. Attorney of the District of Columbia Channing D. Phillips.

Marshall told a federal judge at a status hearing late last month that Pierce had covid-19 and "is unable to communicate," according to court documents.

"Unfortunately, it seems that Mr. Pierce may be hospitalized and unable to communicate, and it is unclear when Mr. Pierce will recover. Although Mr. Marshall has now appeared several times in Mr. Pierce's place, he is not a licensed attorney and thus cannot appear in this court," wrote assistant U.S. Attorney Robert Juman on behalf of Phillips.

In addition, federal prosecutors noted in the court filing that Marshall, 31, a former Fayette County law clerk, is awaiting trial in Fayette on two felony cases of illegally intercepting communications and unlawful use of audio device in court following his August 2020 indictment for allegedly defrauding a widow of $86,000 from her late husband's estate while he clerked for a judge.

The U.S. Attorney's office reported in its brief it had no contact with Mr. Pierce — by phone, e-mail or otherwise — since Aug. 23, when he appeared for a hearing before Judge Paul L. Friedman.

"Since that time, the U.S. Attorney's office has heard conflicting information about Mr. Pierce's health," Juman wrote.

Marshall claimed at an Aug. 24 proceeding that Pierce could not appear because he was hurt in a traffic accident. At an Aug. 25 hearing for Capitol riot defendant Shane Jenkins of Texas, "Marshall represented to the court (Pierce) was hospitalized with covid-19, on a ventilator and non-responsive," Juman said.

"From a government's perspective, given Mr. Pierce's reported illness and the fact that Mr. Marshall is not a licensed attorney, this case (Jenkins) is effectively at a standstill," Juman wrote. "Although Mr. Marshall has been the government's main or sole point of contact for many of the defendants represented by Mr. Pierce, the government does not believe it appropriate to continue to communicate with (Marshall) in Mr. Pierce's absence, during which he would necessarily be acting without supervision by a licensed attorney (as required by law in Washington, D.C.)

"The defendant, (Jenkins) is effectively without an attorney, as Mr. Pierce currently cannot be contacted and Mr. Marshall cannot provide legal advice or services," Juman continued.

U.S. Judge Amit P. Mehta has not responded to the U.S. Attorney's filing, according to online court dockets.

Fayette County District Attorney Richard Bower did not immediately return a call seeking comment.

A telephone number listed for Pierce on recent court documents filed in federal court by his law office was not in service and Pierce did not respond to email messages.

Attempts to reach Marshall for comment Thursday were unsuccessful.

Paul Peirce is a Tribune-Review staff writer. You can contact Paul at 724-850-2860, ppeirce@triblive.com or via Twitter .