'Pink Hat Lady' avoids jail after judge accepts apology over mesh mask

A Mercer County woman charged in the Capitol riot facing possible contempt for wearing a mesh mask at her work place will remain free pending trial.

Rachel Powell, of Sandy Lake, apologized and provided an explanation for the mask flap. A judge on Tuesday accepted the explanation

“The court is satisfied with defendant’s show-cause filing,” wrote U.S. District Judge Royce Lamberth. “At this time, it has no reason to believe that her apology is not genuine and that she will not continue to comply with her conditions of pre-trial release.”

On April 16, U.S. District Judge Royce Lamberth ordered Powell to explain why she was seen in a video on social media wearing a mesh mask through which her mouth and nose were clearly visible.

The video was posted to social media for Mr. Bookman, a newly opened bookstore in Franklin, where Powell now works.

Powell was arrested Feb. 4 and charged with obstruction, depredation of government property, being in a restricted building with a dangerous weapon and violent entry or disorderly conduct.

Video footage captured during the Jan. 6 riot showed a woman wearing a pink hat and black jacket with a fur-lined hood, later identified as Powell, using a pipe as a battering ramp to break a window. She also used a bullhorn to instruct others where to move in the building, according to a criminal complaint filed against her.

She was released on bond, but Chief U.S. District Judge Beryl Howell ordered Powell, who is known to be vehemently anti-mask to follow the state covid-19 masking mandate as part of the conditions of her release.

In his order, Lamberth questioned whether Powell was mocking the court with her mesh mask.

In Powell’s response, filed in court on Monday, her attorney explained that she did not intend to flout the court’s order, but instead was trying to please her store owner, who encouraged employees not to wear masks while engaged with customers.

“Ms. Powell refused to do this and instead sought to find a mechanism for complying with the court’s order while also satisfying her employer,” wrote attorney Michael Engle.

He said that Powell had seen pop singer Lana Del Ray wear a mask with a clear plastic barrier and see-through fabric and was trying to mimic that.

“While clearly unwise, the creation and use of the mask at issue was not designed to mock the court or its release condition,” the filing said.

As part of her answer to the court, Powell also submitted letters from her church congregation that attest to her wearing an opaque mask over her nose and mouth.

Lamberth cited those letters in his order.

In addition, the judge also accepted Engle’s explanation as to why his client threw out the mesh mask in question.

Engle explained in Powell’s answer to the court that he told her to never wear that mask, or one like it, ever again.

Powell then disposed of it.

Lamberth was satisfied with that explanation, as well, writing that he does not believe that counsel engaged in any misconduct.