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The federal government is facing pushback for failing to tell the judge overseeing the cases of 38 defendants charged for a protest at a St. Paul church in January that they’d wrongly charged one woman. 

Defense attorneys representing three of those accused by the federal government of conspiring to violate the religious freedom of worshippers argued in a filing Sunday that prosecutors knew charges against one woman were false and declined to tell the court before asking for more time to turn over evidence. 

The defendants are asking that the government be compelled to turn over any evidence that could benefit the defendants immediately in line with an earlier order and that the judge reconsider providing the government with an extension to turn over materials. 

On Jan. 18 during the height of the federal government’s surge into Minnesota, protesters interrupted services at Cities Church after they learned that a pastor there also served as a high-ranking ICE official in the Twin Cities. On Friday, federal prosecutors 

, whose attorney told MPR News she wasn’t at the protest. 

The filing on Sunday from three defendants, including former CNN host Don Lemon and independent journalist Georgia Fort, challenged why the federal government told the judge they needed more time to turn over evidence to the defense teams. A recent court order extended the government’s deadlines in the case by 30 days, although the judge also noted his disapproval over the government’s failure to turn over evidence on schedule.  

The defense attorneys argue that the government should have disclosed that they had falsely charged a woman they knew was not guilty before prosecutors asked the judge to extend the deadlines for turning over evidence.  

“The government rushed to file this case after receiving political pressure. They have already conceded that they wrongfully charged at least one person,” according to the defense filing. “[T]here is ample reason to believe that other people have been similarly wrongfully charged based on a sloppy and ‘shoot first, ask questions later’ investigation.” 

The defendants allege that the federal government waited until the judge had granted an extension to turn over evidence before moving to dismiss charges against the woman. They’re asking the judge to reconsider his recent decision to grant the government a 30-day extension. 

U.S. Attorney Dan Rosen did not respond to MPR News requests for comment on the dropped charges. The U.S. Attorney’s Office for the District of Minnesota did not immediately respond to questions about the case. 

All defendants who have made their first appearances in court have so far entered not guilty pleas, including a dozen people who pleaded not guilty last week. 

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After a case of mistaken identity led prosecutors to drop charges against one woman, defense attorneys are demanding the government immediately turn over evidence they suspect could clear others.

A courtroom sketch of Georgia Fort's appearance.

Defendants in church protest suspect others may also be wrongfully charged

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