A federal judge modified the conditions of release for two Tucson-area siblings charged in the Jan. 6 Capitol breach so one can give a water birth and the other can hike and avoid interference with his job.
The FBI accuses Felicia Konold, a 27-year-old Marana resident, and her brother Cory Konold, a 25-year-old Tucson resident, of marching with a large group of Proud Boys, a far-right group that supported former President Donald Trump, to the Capitol. The FBI said the Konold siblings were at the forefront of rioters who overwhelmed police and forced their way into the Capitol in an attempt to stop Congress from certifying the Electoral College vote.
The Konolds were charged with conspiracy, civil disorder, obstruction of an official proceeding, knowingly entering or remaining in a restricted building or grounds without lawful authority, and disorderly conduct on Capitol grounds, according to a complaint filed in federal court in Washington, D.C.
The Konolds were arrested on Feb. 11 and released from custody on Feb. 18. As conditions of their pretrial release, a judge ordered them to wear GPS monitoring anklets and remain at their homes except for going to work, school, religious services, health treatment, attorney visits and court appearances.
Felicia Konold is pregnant and asked a judge on Sept. 8 to modify her release conditions due to her expected delivery in October, according to court documents. She said the GPS ankle monitor would interfere with her plan for a water birth.
Without the ankle monitor, she could attend appointments freely and, after the birth, take care of her newborn without restrictions, especially in emergency situations, she said in court documents.
She is the primary caretaker of her son and the ankle monitor prevents her from providing educational support for her son, who is home schooled, the documents said. If the ankle monitor were removed, she could participate in co-parenting drop off, educational activities outside the home, and required school field trips.
Prior to the requirement to wear the ankle monitor, she worked as a veterinary technician, but she no longer has a job. She is allowed to leave her home for employment, but three job opportunities were terminated early due to her inability to complete tasks because of the complications and restrictions imposed by the ankle monitor, she said in court documents.
She is the only caregiver to an elderly relative who was recently hospitalized with COVID-19, and the ankle monitor prohibited her from participating in making decisions for her relativeโs health care and support, according to the documents.
Cory Konold asked a judge to order the removal of his GPS ankle monitor. He installs fiber for internet along roadways, homes and businesses. He said he has had to leave work unexpectedly because his GPS monitor malfunctioned. When he returns home to deal with the malfunctions, the device locks. As a result, he has missed days of work and jeopardized his employment, he said in court documents.
He is allowed to leave his home for work, but he cannot do so for hiking or performing mechanical work on vehicles, which was a source of income for him. His home needs maintenance and he must leave home to buy materials, the documents said.
Prior to wearing the GPS monitor, he regularly attended chiropractic appointments and maintained his physical fitness through outdoor activities such as hiking. The ankle monitor restricts those activities, he said in court documents.
Federal prosecutors said both Felicia and Cory Konold face serious charges and remain a risk of danger to the community, according to court filings. But prosecutors said they understood Cory Konold has unpredictable employment opportunities that require flexibility and they were sympathetic to some of the challenges Felicia Konold faces, such as preparing for a water birth.
Prosecutors said they would agree to a home curfew between 9 p.m. and 6 a.m. for the Konolds and the removal of Felicia Konoldโs ankle monitor for two weeks before and after her due date.
Judge Timothy J. Kelly ordered Felicia Konold to provide her expected due date. Her ankle monitor will be suspended during the two weeks before and after that date.
Kelly denied Cory Konoldโs request to have his GPS anklet removed.
Felicia and Cory Konold must follow a home curfew between 9 p.m. and 6 a.m., according to a Sept. 17 order.
