Posted on 12/31/2017 6:03:50 AM PST by Nextrush
Edited on 12/31/2017 6:07:16 AM PST by Admin Moderator. [history]
The prosecution in the Bunkerville Standoff case argues in a written filing Friday that it wants a new trial in spite of its failure to turn over more than 3300 pages of discovery evidence.
The prosecution argues the failure to disclose the evidence was "inadvertent".
This move comes after word from the Department of Justice in Washington before Christmas that a discovery evidence expert was advising the next move in the case.
In his 55 page brief, the Acting US Attorney in Las Vegas and lead Bunkerville prosecutor, Steven Myhre argues:
"The government takes its discovery obligations seriously".......
Myhre's argument echoes a statement from the Justice Department on December 20th after a mistrial was declared in the third trial with US District Judge Gloria M. Navarro ruling there was a "willful" failure to disclose discovery evidence that involves due process.
"......the Justice Department takes this issue very seriously."
Defense lawyers are seeking a dismissal of the charges "with prejudice" meaning the charges against the four defendants (Cliven Bundy, Ammon Bundy, Ryan Bundy and Ryan Payne) could not be refiled.
A lawyer for Ryan Payne, Brenda Weksler argues:
"The government's irresponsible, and at times, false proffers to this court as well as its dismissiveness to the defense inspires no confidence in the prospect of fairness.....Anything short of dismissal is tantamount of condoning the government's behavior in this case....Dismissal is the only way to ensure such conduct will not happen again..."
Payne's lawyers asked back on July 5th for copies of threat assessments....
The prosecution claimed the request was part of a "long list of frivolous and vexatious pleadings".
Once the trial got underway in November the four threat assessments were turned over after a government witness admitted to their existence with prosecutors claiming the assessments were "irrelevant". The four assessments described the Bundys as people who would "get in your face" but not commit violence.
The defendants are charged with assaulting federal officers and conspiring to assault federal officers among other things.
Failure by the prosecutors to disclose a surveillance camera and federal law enforcement snipers near Bundy Ranch is also relevant because the government accuses the defendants of lying about a federal threat to them in videos posted online ahead of the standoff.
When asked for an internal affairs report on fired Bureau of Land Management agent Dan Love, the prosecution described it as an "urban legend" but after the third trial got underway some 500 pages of such reports on Love were turned over to the defense in early December.
The defense lawyers for Ryan Payne also argued in their dismissal motion:
"This court should be 'troubled' by the government's actions and its 'failure to grasp the severity of the prosecutorial misconduct' involved here, as well as the importance of its constitutionally imposed discovery obligations."
"It bears reminding that this Court sentenced one of these defendants in the Trial 1 group to 68 years (Greg Burleson) and another one is pending sentencing (Todd Engel)."
What stopped you from posting the whole thing?
That’s a reason the DOJ has a 98% win rate. They are corrupt to the core.
What will it take you to stop trashing every thread that gets started?
Yes private messages to ask questions only you’re concerned with about every new topic.
Prosecutors want to continue harassing a rancher, who was making an honest living.
Prosecutors do not want to do anything to the Hillabeast, who has never had an honest job, never accomplished anything of value, and has an unbroken record of lying, deceit, corruption, and just pain sleaze.
And one wonders why the illusion of competence of our east coast ruling dorks has been shattered?
Holder and his (then) Department of Just Us. What a buttwipe.
Thanks for sending me to the site. He did post it all.
The more this case drags on along with matters in Oregon and the more I read about it the more I sense the law enforcement-criminal justice bureaucracy is protected by the Uniparty politicians.
Its weird seeing the Acting US Attorney in Oregon who supervised the prosecution of the Oregon protestors being nominated for permanent US Attorney by President Trump with Ron Wyden and Jeff Merkley also endorsing him (Billy Williams).
The Oregon State Sheriff’s Association that backed the aggressive response to the non violent protest with people, equipment and words also loudly endorsing this Williams guy.
You are completely annoying. Is it your mission to derail every single thread with whatever stupid personal jihad you’re waging?
If bloggers posted their full content I would have no criticism.
Use private messages than since this is your personal vendetta. Or you’re just as bad as they are.
I wish they’d ban not so humble gunner.
He’s annoying as hell.
Mumblebumbler is worse by several orders of magnitude than anyone he has criticised.
Look at the bumbler’s posting history over the past decade and you will see that it is only recently that people on the site have gotten him to stop using sexual terms to voice his displeasure. That is the kind of person he is, and it is his normal level of discourse - as shown by over a decade of posting on the topic.
Best to ignore the trolls. I found your post perfectly acceptable and informative on its own post and didn’t feel the need to click on the link, blog or not.
Humblegunner just thinks everything is blog clickbait if it doesn’t come from CNN. :/
Gosh, I’m so sorry.
I’ll straighten up right away.
Having displeased you is more than I can handle.
Note also the blog post is now rendered in full.
The more this case drags on along with matters in Oregon and the more I read about it the more I sense the law enforcement-criminal justice bureaucracy is protected by the Uniparty politicians.
Isn’t that Ryan Bundy’s main point? He is being judged by the instigators and accusers. How can that be fair. Plus the fact they are cheating in the process.
I wish FR had an ignore feature. He’d be #1 on my list.
I’m glad you found my post perfectly acceptable.
these guys have been in jail for years already? wth ?
let this die already.
there are murderers that have served less time, and these guys are innocent!
Yea well, if there were a block list, you would be on mine.
Yes, he’s a strong shot of 🥃 for those who are girly-men. If they are too weak to ignore posts without fainting, they should start a support thread called, “humblegunner made me wet myself.”
On the other hand, there are those android fan bois who get on every Apple thread and hystrionicly screech and claw for attention. If you’re going to block anyone, start with them. Leave humblegunner alone. He’s fulfilling his destiny.
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