This story, by Teresa McMinn, was first published by The Cumberland Times-News on July 10.
CUMBERLAND, Md. — Three people accused of participating in the cult-like group Zizians were granted a joint trial in Maryland on Tuesday and could be held at the Allegany County Detention Center for months longer than initially expected — but state and defense attorneys disagree on the reason why.
Jack LaSota, Michelle Zajko and Daniel Blank on Tuesday entered Allegany County Circuit Court in shackles that were removed for a hearing as eight sheriff’s deputies stood guard.
The codefendants were first charged with misdemeanor trespassing and illegal gun possession related to their February arrests in Frostburg and were indicted last month with new allegations that include felony drug offenses.
The trio appeared Tuesday before Judge Michael Twigg, who granted their request for a joint trial.
The latest court discussion indicated the cases could be tried together as late as December. “This is a unique circumstance,” Twigg said of the combined trial.
Allegany County State’s Attorney James Elliott said if the trial “goes smoothly,” it would take at least seven days.
He said his goal is to limit the state’s number of witnesses to about 30 people from multiple jurisdictions, including the Federal Bureau of Investigation.
“We’ve done our best” to contact every witness, Elliott said.
He spoke of lab tests on contents of two trucks confiscated when the defendants were arrested, and said the state learned from the FBI of new evidence the first week of June that led to the most recent, and superseding, charges.
Zajko’s attorney, George V. McKinley, argued the state had enough evidence to bring a drug charge at the beginning and should have made all the charges at the same time, rather than months apart, which bought time for the FBI to investigate alleged related cases in other jurisdictions.
“The federal government … they are the cause of this delay,” he said.
LaSota’s attorney David Morgan Schram said he found in discovery a Feb. 20 redacted email that indicated the FBI said it had seized LSD tabs during the Frostburg arrests. Zajko also faces a federal charge in Vermont for allegedly providing a gun used in a fatal shootout that left a U.S. border patrol agent dead earlier this year.
She has not appeared in court in Vermont to face that charge.
LaSota has been described by police as the leader of the group, was federally indicted last month in Maryland and charged as an armed fugitive in the Frostburg arrest. LaSota, a transgender woman, is listed as male in charging documents and held in the men’s detention center.
VTDigger is using LaSota’s name as it appears in court documents since VTDigger has not been able to confirm which name she currently uses. She is also known as Andrea Phelps, Ann Grimes, Anne Grimes, Canaris, Julia LaSota and Ziz.
Twigg set aside 10 consecutive business days for the trial.
However, after Zajko’s request to directly address the court Tuesday, Elliott said if that trend continues, the 10 days would turn into 20.
“I believe what I have to say is very important,” Zajko said, and Twigg allowed her to speak.
She read from handwritten notes and said the delay in the Allegany County case was intended to prevent her from stopping a wrongful death penalty for Teresa Youngblut in connection with the killing of U.S. Border Patrol Agent David Maland earlier this year.
“The obvious (suspect) is the other border patrol agent,” Zajko said, and added she and her codefendants are being held in Allegany County “to prevent (the) truth from coming out.”
A U.S. Customs and Border Protection report, issued in May, said that Youngblut shot a Border Patrol agent during the traffic stop that turned fatal for Maland but did not specify whether Youngblut’s shot had killed the agent. U.S. Customs and Border Protection declined to answer VTDigger’s questions seeking more information about the report.
Blank’s attorney, Rebecca Lechliter, said her client should have been released based on a case that began with trespassing and has been expanded to include the recent felony charges.
“All he’s been doing is sitting in jail,” she said, and added she’s been contacted by two separate government agencies that want Blank to provide information.
After Tuesday’s hearing, McKinley said he is very restricted in what he can say about the case beyond his personal opinion.
Media attention has been “overwhelming,” McKinley said, adding that he has received hundreds of requests for comments from reporters.
McKinley talked of massive files involved in the case.
“Discovery is huge,” he said and added that police body camera footage alone exceeds 40 hours.
Of a 16-page federal search warrant that pertains to the case, 11 pages were redacted, McKinley said.
He said Zajko’s handwritten motion to dismiss the case, which alleges the trio weren’t on private property during the Frostburg arrest, is credible.
McKinley discounted claims the three defendants are part of a dark and weird group as depicted in police and news reports.
“I firmly believe they are not a cult,” he said.
