The California man charged with trying to kill Supreme Court Justice Brett M. Kavanaugh is in talks to resolve his case ahead of any trial — which has not been set two years after the foiled plot.
According to court papers filed last week, the judge in Nicholas Roske’s case approved a status report filed by lawyers, giving them more time for “discussions regarding a pretrial resolution.”
Filings show discussions began in November. The next status report is due April 29, Judge Peter Messitte, a Clinton appointee, said in his signed order.
Criminal law experts say the delay in a trial date suggests the government and defense counsel are negotiating a plea deal, with Mr. Roske possibly never standing trial.
They also could be exploring mental health evaluations, legal experts note.
Roughly 95% of federal cases end in deals rather than through a lengthy — and costly — trial.
Police arrested Mr. Roske, who was 26 at the time, outside the Montgomery County, Maryland, home of Justice Kavanaugh on June 8, 2022.
They said Mr. Roske confessed to being angry about the court’s pending rulings on abortion and the Second Amendment and planned to kill Justice Kavanaugh and himself to give his life a purpose.
Deputy U.S. marshals stationed outside the justice’s home spotted Mr. Roske as he exited a taxi. He then walked down the road and called 911 on himself. He said he had traveled from his home in Simi Valley, California, to kill a justice, had a firearm in his suitcase and was having suicidal thoughts, authorities said.
County police arrived and arrested Mr. Roske. They reported finding in his gear a Glock 17 pistol, tactical vest, knife, ammunition, pepper spray, zip ties and a set of tools, including a crowbar, according to court documents.
“Roske stated that he began thinking about how to give his life a purpose and decided that he would kill the Supreme Court justice after finding the justice’s Montgomery County address on the internet,” FBI Special Agent Ian Montijo, a member of the Joint Terrorism Task Force, said in an affidavit.
Mr. Roske was charged with violating a law that forbids attempting or threatening to kidnap or kill a federal judge. If convicted, he could spend the rest of his life in prison.
He is in federal custody.
In July 2022, his attorneys moved to suppress the statements he made to law enforcement expressing his intent to kill the justice on the day of his arrest.
In a motion filed in U.S. District Court in Greenbelt, Maryland, Mr. Roske’s attorneys requested a hearing on whether their client spoke voluntarily to law enforcement.
The court didn’t rule on the motion. It did agree to remove the August 2022 trial date from the docket.