Free Republic

The court must be wary of “manufactured” government arguments masking its own “impropriety,” as well as mindful of attempts to “drive a wedge” between defendants and “impos[e] unnecessary financial burdens,” lawyers for the Reese family of gun dealers cautioned in a joint response in opposition to the government’s opposed motion for ruling on joint representation filed Tuesday in the United States Court of Appeals for the Tenth Circuit. Jailed for allegedly knowingly selling guns to cartel members, all family members were found not guilty on the most serious charges of conspiracy, and money laundering charges against them were dismissed. Husband...

A Defendant’s Motion for Partial Release of Assets was filed Monday by attorneys in the District Court of the United States for the District Of New Mexico on behalf of the Reese family of gun dealers to substantiate reasons why doing so is not only critical to the family’s defense, but also why legal precedent requires it. “Defendants, Rick Reese and Terri Reese … move this Court to enter an order authorizing the release of a portion of their seized assets to pay for upcoming legal expenses as well as to provide life subsistence,” the motion begins. Assets listed which...

In an order granting a motion "supported by good cause" to amend conditions of release filed yesterday, Judge Robert C. Brack of the District Court of the United States for the District of New Mexico in Las Cruces ordered that “ankle monitoring devices worn by Rick Reese and Ryin Reese are to be removed.” “It is further ordered,” the judge mandated, “that the Defendants … shall be allowed to travel freely within the boundaries of the State of New Mexico [and] that the curfew imposed upon the Defendants … shall be modified to be from 10 p.m. until 6 a.m....

Feral pigs are becoming a wild problem in the United States. The wild hogs can now be found in three-fourths of U.S. states — and their populations are growing in many areas — and are estimated to cause $1.5 billion in damages each year, the Associated Press reports. There are currently more than 5 million wild hogs in the United States, according to the U.S. Department of Agriculture. By all accounts, the animals are quite intelligent. They also sport razor-sharp tusks and can be aggressive toward people and pets.

BELLEVUE, WA — The Second Amendment Foundation has won a preliminary injunction against a part of the State of New Mexico’s concealed carry statute on the grounds that it violates the right of equal protection under the law. The ruling, handed down by the U.S. District Court for the District of New Mexico, was signed by M. Christina Armijo, the chief district judge. SAF filed the legal action on behalf of John Jackson, a permanent legal resident alien who could not obtain a concealed carry permit under existing New Mexico statute because he is not a U.S. citizen. SAF has...

Santa Fee held its third gun turn in this year on the 9th of March. 232 guns were turned in. At previous turn in events, private individuals bought some of the guns. This approach offered advantages to everyone. It took the guns off the streets, placing them in responsible hands, rewarding their former owners with more money than the formal event offered, and stretched the turn in dollars so that more low-value guns could be traded for the event premiums. At this third event, the police moved to prevent the private buyers from buying private firearms. It is hard to...

Stung by reversals in his office’s prosecution of the Reese family and mindful that scrutiny for his role in that case could derail his elevation to the federal bench, U.S. Attorney for the District of New Mexico Kenneth J. Gonzales filed three documents yesterday with the intent of denying a defense motion to dismiss outstanding counts and compel prosecutors to testify at an evidentiary hearing, and also to go over the head of U.S. District Court Judge Robert C. Brack. “Notice is hereby given that the United States of America, plaintiff in this case, appeals to the United States Court...

In the wake of investigations involving horsemeat-tainted beef abroad, federal regulators may clear the way for a horse-slaughtering house in New Mexico. It would make equine meat available in the United States for the first time since 2007, according to the New York Times. Congress passed a rider to an appropriations bill that barred the U.S. Department of Agriculture (USDA) from financing the inspection of horse products for human consumption. That addition was continually inserted into spending bills up until 2011 — when it disappeared from the language. Though the change stems from a lawsuit by Valley Meat Company, which...

The Senate Judiciary Committee “held over” the nomination of United States Attorney Kenneth J. Gonzales to be a U.S. District Judge for the District of New Mexico district yesterday. Nominated by President Barack Obama last November, Gonzales’s suitability for the post may be under scrutiny due to the way his office has handled the prosecution of the Reese family on gun and money laundering charges. These former Deming gun dealers have undergone a nightmare ordeal for the past year-and-a-half on charges they were ultimately acquitted of or had dismissed, except for a handful of remaining counts, where they were held...

Lawyers for embattled former Deming gun dealers Rick, Terri and Ryin Reese filed a motion last Wednesday in the United States District Court for the District of New Mexico “to dismiss with prejudice the four remaining counts of the indictment.” The filing, co-signed by defense attorneys Robert J. Gorence, Jason Bowles, Brad D. Hall, and Peter V. Domenici Jr. moved for dismissal on counts “the Indictment pending against [the defendants] on the grounds that the Government has willfully or was recklessly negligent in not disclosing Giglio [“material tending to impeach the character or testimony of the prosecution witness in a...

Gun owners got another opportunity to turn over their firearms to the Bernalillo County Sheriff’s Office on Saturday. In exchange owners got a gift card worth up to $200. Private gun buyers were also on hand at the buy-back and so was a local woman who opposed what they’re legally allowed to do on the sidelines. People returned 326 guns, including two assault weapons, and BCSO handed out $41,000 in gift cards in exchange. Before BCSO collects and destroys a room full of various firearms, owners are presented with another option outside. Deputies kept a group of private buyers across...

SANTA FE (KRQE) - A unique solution to a shortage of gift cards and a big mistake led to the personal information of dozens who participated in Santa Fe's gun buyback program open to the public. "It shouldn't have happened, but it did," said Santa Fe Police Department Chief Raymond Rael. "I apologize on behalf of the city, I don't think that information should've been out there."

The city is paying $100 for long guns (rifles, shotguns and the like), $150 for handguns, and $200 for any armament considered an assault weapon. On Jan. 12, the program netted 194 guns. On Saturday, it had garnered about 115 hand guns and at least 95 long guns by 2 p.m., with still an hour to go before closing. -------------------------------cut----------------------- Outside the police station, a group of four or five men gathered to offer cash to people who were bringing guns in. One man in the group said they did not wish to be identified, but said that they were...

FReeper Rogle, former New Mexico State Representative Rory Ogle, will be removed from life support this morning. He is not expected to live.

On 9 February, 2013, the Santa Fe Police Department collected 224 guns turned in to it for Visa gift cards. The cards were worth $150 for handguns, $100 for long guns, and $200 for "high capacity or assault" weapons. The police scared off a number of people who wished to offer more money than the police would give in prepaid visa cards. What legal authority the police had to do this is unknown. Another gun turn in will be held on the ninth of March. Dean Weingarten

Government prosecutors argued against granting bond to Deming, N.M., gun dealer Rick Reese and his son Ryin, painting them as dangerous risks for release, court documents received this evening by Gun Rights Examiner reveal. United States Attorney Kenneth J. Gonzales, nominated by President Obama last November to serve on the U.S. District Court in the District of New Mexico, filed a supplement to the defendant’s motion for release in that court last Tuesday, citing an affidavit he claimed contained “statements relevant to the motion. “[T]hey highlight the Defendants release still pose a danger to the community,” Gonzales wrote in the...

This week the Reese family continues to wait for Rick and Ryin to be released from jail pursuant to Judge Brack’s Memorandum Opinion and Order last week granting a new trial. Underscoring the decision are allegations that Luna County Sheriff Deputy Alan Batts may have had incentive to lie under oath. Rick and Terri Reese and their two sons, Ryin and Remington Reese were arrested in August 2011. They were charged with 30 counts of criminal activity related to making false statements in connection with the sale of firearms, international weapons trafficking related to smuggling weapons to the Mexican cartel,...

ALBUQUERQUE (KRQE) - Police say a serial burglar, who has been arrested 37 times, was shot by a homeowner in northwest Albuquerque Sunday morning. Authorities say the homeowner heard a loud bang and then his alarm go off. After arming himself with a gun the homeowner says he saw the burglar at the top of his stairs and shot at him twice, hitting him once. Police say the burglar will survive his wounds. That burglar has been identified as Richard Garcia, 43, a man with a very long history of home and vehicle burglaries. Court records show he's been prosecuted...

In addition to granting conditional release to Rick and Ryin Reese, the two remaining members of a New Mexico gun dealer family still behind bars after 18 months incarceration, Judge Robert C. Brack of the United States District Court for the District of New Mexico has also granted a motion for a new trial, a Memorandum and Opinion Order filed today mandates. “This matter came before the Court on Defendants’ Motion for a New Trial … and Motion for Release on Conditions Pending Sentencing,” the order states. “On January 28, 2013, the Court held a hearing on these motions. Having...

Despite two orders from an obviously irked New Mexico U.S. District Court judge that the Reese family will be given a new trial and that father Rick and son Reese are to be released on bond, the pair remain behind bars this weekend because monitoring devices required by the order are not on hand, sources close to the case have confirmed to Gun Rights Examiner. “Yes, bail money is good for now,” the source reveled, explaining “relatives, good friends and well-wishers have donated to the defense fund. “They are waiting for the ankle monitors to get in for the release....

After 18 months behind bars, Rick and Ryin Reese have been granted bond today, Judge Robert C. Brack of the United States District Court for the District of New Mexico ruled. They are the last two members of a New Mexico gun dealer family jailed for allegedly knowingly selling guns to cartel members, but who were found not guilty on the most serious charges of conspiracy and had money laundering charges against them dismissed. They were convicted on a handful of lesser charges of making false statements on forms, basically under the presumption that they should have know federal agents...

A court order filed yesterday and obtained by Gun Rights Examiner in the case of U.S. vs. Reese has denied a motion by the prosecution to seal a hearing from the public. Defendants Rick and Terri Reese and son Ryin, New Mexico gun dealers jailed for allegedly knowingly selling guns to cartel members, and who have since had conspiracy and money laundering charges against them dismissed, have filed a motion for a new trial after being convicted of, as Jeff Knox of the Firearms Coalition described it, “the comparatively minor charge of lying on gun sales forms -- even though...

I've made it easy for you to contact your New Mexico legislative representatives and TELL THEM TO OPPOSE a 'Sweeping Gun Control Measure In Santa Fe.' Use the following links/resources to: 1) find your New Mexico state senator and house rep and contact them via email, phone, and/or snail-mail; 2) use sample letter text; and, 3) contact every member of the New Mexico House Judiciary Committee because they're holding a public hearing Monday on the "Sweeping Gun Control Measure": 1) Find your reps' contact info Find your state house representative; and,Find your state senator 2) Use sample letter text I...

... To be clear, our family has differing views on gun rights and gun control. What we do agree on is that those who wish to score political points should not use a confused, misguided, 15-year old boy to make their case. We ask those in the media and those who would use the media to make their political case, to not use Nehemiah as a pawn for ratings or to score political points. He is a troubled young man who made a terrible decision that will haunt him and his family forever. ... These are the words of...

SANTA FE -- State Rep. Cathrynn Brown, reversing herself based on her constituents' wishes, said Wednesday she will introduce a bill requiring identification to vote. Brown, R-Carlsbad, had said only two weeks ago that she would not offer a voter ID bill this session because it had no chance to pass. "I changed my mind after hearing from my constituents," she said in an interview. "The prevailing view is that election integrity is too important not to do anything."

What started as a motion to release a former New Mexico gun dealer and his son from jail until their sentencing date for federal gun form convictions will turn into a request for a new trial, a source close to the case and courtroom observer of yesterday’s hearing in the United States District Court in Las Cruces, N.M., has informed Gun Rights Examiner. Another report, filed today by consistently informed and reliable chroniclers of the case, documents due process violations via information withheld from the defense, and reveals a key government witness against the family is himself under investigation. Rick...

Lawyers for Rick and Ryin Reese, New Mexico gun dealers imprisoned without bail for well over a year, “filed a motion to release them until their sentencing date,” a source close to the case informed supporters this morning. “The motion is set for [a hearing on] Tuesday, December 18, 2012, at 10:30 a.m. in the Federal Courthouse in Judge Brack's courtroom,” the source announced. “Anyone who can attend would be WONDERFUL,” the source continued. “If you can't be there, please keep us in your prayers for release of the guys after 477 days in jail.” “The Reese family, facing up...

Additional information investigated this afternoon by Gun Rights Examiner provided by a source close to the Reese case in Las Cruces, N.M., points to further questions about testimony given in that case, as well as further circumstantial tie-ins to two other high-profile gun trafficking cases. The Reese family were Deming gun dealers who were alleged to have knowingly sold guns to straw purchasers acting on behalf of Mexican cartels, arrested, imprisoned, had their assets seized, and who have since had conspiracy and money laundering charges against them dismissed. Sentencing for their August convictions for “making false statements” still has not...

Barack Obama has nominated U.S. Attorney for New Mexico Ken Gonzales to a lifetime appointment as a federal judge. This nomination is particularly significant because Gonzales was the U.S. attorney who oversaw the investigation, arrest and prosecution of the Reese family. At the time of the Reese’s arrest, Gonzales had the audacity to release a statement saying, “Those who sell firearms knowing that they will be illegally smuggled into Mexico to arm Mexican cartels share responsibility for the violence that has been devastating Mexico.” So far, he has not called for the prosecution of any of the federal agents or...

It's no secret that there are a lot of concealed carry permit (CCW) holders in New Mexico. As of the last count there are 22,000 licensees in the state according to: Legally Armed. Thanks to Governor Bill Richardson the law was passed and even our state's current governor, Susanna Martinez packs heat and has her CCW license. See the New Mexico Concealed Carry Act HERE. After all this is the Wild, Wild West and known acclaimed outlaws like "Billy the Kid" have been known to frequent these parts. Let's face it Guns and the Frontier way are a part of...

Hover over Google's state map at link.

Charlotte, NC --(Ammoland.com)- Yesterday, the State Parks Division of the New Mexico Energy, Minerals and Natural Resources Department held a public hearing to accept input on proposed amendments to Section 19.5.2.21 of the New Mexico Administrative Code, which includes a removal of the current ban on concealed handgun licensees carrying handguns in state parks. A representative from the NRA-ILA testified in support of this rule change, along with several concealed handgun instructors from across the state. No one spoke in opposition to this proposal. The Department will continue to accept written comments on the measure until 5:00pm on October 31....

A man who was attacked with a knife after someone barreled into his parked car and then shot the aggressor apparently acted in self defense, police said Monday. Santa Fe police say a 33-year-old man driving a red Toyota Tacoma pickup slammed into a parked car in the 100 block of Candelario Street at about 9:15 p.m. Sunday. The driver, who’s name was not released Monday morning, continued to the dead-end of the street, turned around and was confronted by the owner of the parked Nissan sedan, according to Sgt. Andrea Dobyns. “He saw the red Tacoma trying to leave...

SANTA FE, N.M. (AP) - A state agency is proposing to allow people licensed to carry a concealed handgun to bring their loaded weapons into a New Mexico state park.

ALBUQUERQUE- David Chipman “Chip” Venie, one of the best criminal defense attorneys in New Mexico, won two more major cases at trial recently: one aggravated DWI and one aggravated battery with a deadly weapon. Criminal defense attorney Chip Venie was able to improve his overall trial record to an astounding 49-6 (16-1 in New Mexico). State v. Holt, D-905-CR-2011- 00640, was an aggravated battery with a deadly weapon case in Clovis, New Mexico at the District Court at 701 N. Main Street, before Judge Ted Hartley. The defendant, R. Holt, was accused of bashing a man’s head in with a...

Could Connecticut and New Mexico going from "Obama" to "Lean Obama" become a sign of things to come? What has happened in a blue New England state may hopefully be a new trend going into November. Maybe Connecticut turning purple is primarily due to the number of "Wall Street" residents living there and knowing what will happen to their fortunes or incomes if Obama is re-elected. Hopefully the trend will continue in September when New Jersey, Nevada and Minnesota turn purple giving Obama more states to worry about and less money and time to campaign in.

With money laundering conspiracy charges dismissed by the judge beforehand, verdicts were returned yesterday in the U.S. District Court in Las Cruces, N.M., on remaining charges against members of the Reese family, Deming gun dealers who have, for the past year, been fighting charges of knowingly selling to straw purchasers providing guns to Mexican cartels. Pronounced “not guilty” on the most damning charges, three family members still face a daunting legal threat. “All four family members, Remington, Terri, Rick Reese and Ryin Reese, were acquitted of one count of conspiracy and 17 counts of gun smuggling,” KVIA ABC7 reported, noting...

Clearly, it was jolting news the New Mexico Legislature's Water and Natural Resources Committee wasn't prepared for. During Monday's committee meeting, in the Barbara Hubbard Room at the Pan American Center Annex, lawyers representing the New Mexico Office of the State Engineer, Elephant Butte Irrigation District, and the city of Las Cruces, told the committee that a state Water Court hearing will be at 9 a.m. Wednesday, at the Third Judicial Court Complex, 201 E. Picacho Ave., and the future management of state's water supply could hang in the balance of the hearing's outcome. "Why hasn't this been front-page news?"...

After hearing motions to dismiss all counts against the Reeses on a previous day, the Judge made it clear during a hearing and other times when the jury was not in the courtroom that he was having trouble with Counts 29 & 30, Monday Laundering Conspiracy against all four defendants. This morning, prior to the Jury coming in, Judge Brack granted a Rule 29 Motion to Dismiss the Money Laundering Charges. The Judge stated there was INSUFFICIENT EVIDENCE, NO AGREEMENT, and NO EVIDENCE. The charges against each individual separately that have gone to the Jury this afternoon are: COUNT 1...

Monday, cross-examination of the government’s star witness, Mexican cartel Jose Roman, who functioned in an organizational capacity. Roman started his career in crime at the age of 17 running illegal aliens from the border up towards Deming. He moved up to drug smuggling and later moved further up into gun & ammo running. Although he is now 31 years old, he claims he wasn’t paid any money for his years of criminal activity. Roman testified on the contrary, the cartel stole his money — money he was paid by the government to take care of his father in Deming (some...

The prosecution has continued presenting their case for the past two days and an enormous amount of evidence was put forth against the Reeses and scored points along the way. However, the defense was relentless in exposing a number of flaws in the case. The below is just a sample of the types of things learned . Cross-examination of the cooperating defendant, Jose Roman continued. The main points learned: * He didn’t remember stealing a 42″ screen TV from Walmart, and didn’t inform the agents about this, contrary to his plea agreement to admit to every crime and to testify...

On Tuesday during trial there were some tense and uneasy moments when the prosecution brought a number of weapons and ammo into the court room. Weapons themselves aren’t a problem, and the ammo wasn’t either. The problem occured when the prosecution started picking up AK-47s and AR-15s and swinging them around the room pointed randomly at people – unintentionally. The careless handling of the weapons caught the eye of the Judge who stopped the prosecution and made sure the weapons were unloaded and secured. The prosecution stopped in place and showed him whatever methods they had used to secure the...

Additional information from testimony of Mrs. Roman. Roman’s wife has been with Roman for approximately 13 years – nearly the entire time spanning Roman’s criminal career from his teen years. Although she testified about her role in helping him with the gun smuggling and marijuana cases, she denies any knowledge that Roman was also transporting illegal aliens. She was unable to recall telling agents that her husband smuggled marijuana for 8 years. She claims she was not paid for her work smuggling marijuana, but her husband was. She claimed after expenses they had very little profit left. She testified they...

ATF Special Agent Byrd is assigned to the US Consulate in Juarez, Mexico. S/A Byrd explained the processes involved in matching guns recovered in Mexico to guns sold/purchased in the United States. He explained how out of some 50-75 weapons recovered per year, only about 10% have had their serial numbers scratched off. He testified that so far, 5 guns originally purchased at New Deal have turned up in Mexico, the most recent one in October 2011, several months after the Reeses were arrested. (Note: Cartel organizer Jose Roman and his wife have admitted they illegally smuggled these weapons out...

Special Agent Jose Martinez, working for DHS-HSI for the past 6 years, was referred the Penny Torres case by his group supervisor after Allen Bass obtained infrom from Terri Reese to check her out. ATF received the same information. HSI used a variety of techniques to investigate Penny Torres including surveillance.. He worked with ATF S/A Valles and opened an investigation on 09/07/2010. Agent Martinez stated he and ATF S/A Valles went to New Deal to talk to Terri about Penny Torres’ purchases. He stated that Terri was very busy in the store, however seemed nice and personable. She was...

At the end of a long day of testimony, Roger Morris of Luna County, Customs and Border Patrol 24.5 years and 3 years on the Border Task Force, was sworn in and testified under oath. Under direct examination: Roger Morris testified he has been at New Deal a number of times since they opened the store some 15-18 years ago. He testified he went there 7-8 times a year and found all of the Reeses friendly. Roger Morris testified in August of 2011, he ran into Rick and Terri Reese at the John Deere Parts House in Deming, when he...

Roger Morris returned on July 26, to continue testifying against the Reese family. The Prosecutor resumed questioning Mr. Morris under redirect and asked Roger Morris if the meeting at the John Deere store was set up. Roger Morris testified no, that he was in the store on personal business and was off duty The Prosecutor asked if he had social invitations from the Reeses before and he stated no. Then Roger Morris testified that Rick invited him to __ __ _ _______ __ ______ ____ ___ _____ ______ ___ ____ ____. The defense objected and all attorneys approached the bench....

[Note: often the prosecutors have not been asking witnesses to spell their names, and the exact names of witnesses are not clear to the public. That is the case with this agent. He is called Frye in this update, however, his real name could be something phonetically similar. Some of the charges against the Reeses include two counts of Money Laundering Conspiracy.] Special Agent Joshua Frye (phonetic), testified he was been with HSI since 2004. He is currently assigned in El Paso in asset forfeiture from criminal cases involving money laundering, and other criminal activity. S/A Pride has a Bachelor...

Bruce Charles Schwindler (sp?), works with the Department of State, and is the Director of Treaty Control (or something close to that). The US President has the right to regulate the exportation of certain items. The Department of State enforces the Arms Export Control Act. Mr. Schwindler (sp?) testified at length about his long history in the military and various government agencies. He is an expert on proper licensing of firearms exportation to other countries, including “Mejico”. His department issues over 18,000 applications to export annually. 95% of the applications submitted to export weapons are granted, including exports to “Mejico”....

DHS – HSI S/A Hector Fuerta (spelling not clear) has been with HSI for 3 years in Deming. He was involved in the New Deal sting operation on June 15, 2011. His task was to provide back-up cover inside the store for Cooperating Defendant (“C/D”) Jose Roman and the Undercover (“U/C”) agent for their safety. He stated he entered the store around 1:25 – 1:30 and stated he was inside the store 10-15 minutes. He observed the C/D and U/C talking to Ryin. Terri approached him to see if he needed any assistance, but stated her attention was not on...