June trial set for man accused of trying to assassinate Kavanaugh

A federal judge set a June 9 trial date for the man accused of attempting to assassinate Justice Brett Kavanaugh as the Supreme Court was on the cusp of overturning abortion protections and expanding gun rights. 

Nicholas Roske was arrested near the justice’s Maryland home in June 2022 with a pistol, other weapons, ammunition and zip ties, after which he allegedly told law enforcement that he intended to kill the conservative justice. Roske faces one count of attempting to assassinate a Supreme Court justice, which carries up to a life sentence in prison. 

After Roske engaged in plea negotiations for more than a year and a half, prosecutors indicated last month they had been unable to reach an agreement and asked to move the case ahead. 

U.S. District Judge Peter Messitte convened the parties Tuesday for a scheduling conference, where he set the June 9 trial date.  

The newly set timeline means Roske’s trial will take place three years after the incident. Prosecutors indicated they expect the trial will last about a week. 

“Selecting the jury in this case might take a little longer,” said federal prosecutor Kathleen Gavin, noting the high-profile nature of the case. 

After law enforcement arrested Roske, a former substitute teacher in Simi Valley, Calif., he allegedly told a detective that he was upset about the leak of the Supreme Court’s draft majority opinion that overturned constitutional abortion protections. 

Roske’s arrest came as abortion rights protesters organized demonstrations following the extraordinary leak outside conservative justices’ homes, including Kavanaugh’s. 

A criminal affidavit states that Roske also cited to the detective the recent Uvalde, Texas, school shooting that killed 19 children and two teachers, believing Kavanaugh would vote to loosen gun control laws in Second Amendment cases.  

At the time, the Supreme Court was days away from handing down a gun rights decision that became the largest expansion of Second Amendment rights in a decade. 

Andrew Szekely, one of Roske’s public defenders, signaled at Tuesday’s hearing that most of their pretrial defense is likely to focus on preventing those statements from coming in at trial. Other potential motions include ones related to suppressing searches of his phone and social media accounts, Szekely said. 

“I do not anticipate lengthy motion practice,” Szekely said.