Feds Ask Judge For A New Trial Against The Bundys

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Feds Ask Judge For A New Trial Against The Bundys
Federal prosecutors are asking Chief U.S. District Judge Gloria Navarro for another chance at convicting Nevada rancher Cliven Bundy for crimes associated with an armed standoff with federal agents in 2014, E&E News reports.

Navarro ruled a mistrial against Bundy and three others, including his two sons, in December after prosecutors failed to turn over exculpatory evidence that favored the defendants’ case. Navarro is considering whether the case should be dismissed “with prejudice,” blocking a retrial.

The omissions do not amount to “flagrant misconduct,” prosecutors claim and are asking for another attempt at trying Bundy, according to E&E News.

“The Brady violations found by the court are regrettable and benefit no one,” Nevada’s Acting U.S. Attorney and lead prosecutor in the Bundy case Steven Myhre wrote in a legal brief obtained by The Oregonian. “But because the government neither flagrantly violated nor recklessly disregarded its obligations, the appropriate remedy for such violations is a new trial.”

Feds Ask Judge For A New Trial Against The Bundys
 
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The Bundy Affair #25 – Steven Myhre and His Fraud upon the Court
Gary Hunt
Outpost of Freedom
January 2, 2018
Recent events in Las Vegas have led to a completely new perspective on the misdeeds of government. Failure to provide timely Discovery, especially that of an exculpatory evidence (proving innocence or to impeach witness testimony).

As Judge Gloria Navarro pointed out in the seven know violations, six of them were deemed “willful”, where the seventh could possibly be inadvertent. However, in the closed session that followed the declaration of a Mistrial, there may have been as many as 20 more violations of either Brady or Giglio. Those cases establish precedence with regard to the timely disclosure of evidence to the Defense.

Before we proceed, perhaps reviews of the timeline of primary events in this case are necessary:

  1. The events that are addressed in the Indictment occurred in the first half of April 2014.
  2. The initial Indictment was February 3, 2016.
  3. The Superseding Indictment was issued March 2, 2016.
  4. The current trial, now on hold pending a decision with regard to Mistrial or Dismissal, began in late November 2017.
The Government’s Response to recent motions by Ryan Payne, suggesting Dismissal, and Ryan Bundy, demanding Dismissal, begins as follows:

“As with any large case, this multi-agency, multi-defendant, multi-trial case has presented significant discovery challenges: hundreds of thousands of pages of documents, hundreds of hours of video and audio recordings, and thousands of emails, to name a few, balanced against factors such as witness security and disclosure procedures acceptable to the Court. This complexity notwithstanding, and ever mindful of its Constitutional, statutory, Department, and Court-ordered discovery obligations, the government has always strived to meet these challenges with diligence, fairness, and efficiency.

First, let’s put a little perspective on timing. It was 23 months from the event (1) that led to the Superseding Indictment (3). It was another 14 months to the commencement of the trial (4). That is 37 months, or, 3 years and 1 month. However, they had the initial Indictment (2) and then modified it to the Superseding Indictment (3), in a month. You would think that in those 23 months, they would have reviewed the records that they had to assure that they were truthful in what the presented to the Grand Jury, for both the initial Indictment and the Superseding Indictment.

And, most assuredly, they would not have accused the Bundy supporters of lying to the public about calling people to come to the Ranch because the government had snipers and posed a threat to the Bundys, knowing full well that they did have snipers and an FBI SWAT team in place, three days before Ryan Payne arrived at the Ranch.

Mohttp://outpost-of-freedom.com/blog/?p=2383re at ...
 
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