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NV prosecutors seek new trials against the Bundys, say evidence violations were "inadevertent"
OregonLive ^ | 12/29/2017 | Maxine Bernstein

Posted on 12/30/2017 5:35:59 AM PST by Nextrush

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I hope this isn't what Jeff Sessions "evidence expert" told them to do but I have to assume its the plan from Washington.

3300 pages of evidence withheld, much of it exculpatory toward the defendants.

An insane argument coming from Steve Myhre in Las Vegas.

1 posted on 12/30/2017 5:35:59 AM PST by Nextrush
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To: Nextrush

bookmark
Nevada
Thanks for the head’s up.


2 posted on 12/30/2017 5:44:13 AM PST by ptsal ( Get your facts first, then you can distort them as you please. - M. Twain)
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To: Nextrush
This travesty should be shut down. If the prosecutors persist, they should be warned by the judge that if they ask to retry the case one more time they will be charged with prosecutorial abuse.
3 posted on 12/30/2017 5:45:19 AM PST by SharpRightTurn (Chuck Schumer--giving pond scum everywhere a bad name.)
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To: Nextrush

Isn’t this “double jeopardy”, retrying the defendants on the same charges using essentially the same evidence?

Exculpation is evidently not considered. Harry Reid’s heavy hand still rests of the scales of justice.


4 posted on 12/30/2017 5:48:35 AM PST by alloysteel (The rhetorical question, "How stupid can you be?" is just considered to be a challenge by some.)
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To: Nextrush

The Prosecutors should be going to jail.


5 posted on 12/30/2017 5:51:28 AM PST by tennmountainman ("Prophet Mountainman" Predicter Of All Things RINO...for a small fee.)
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To: alloysteel

“Isn’t this “double jeopardy”...”

No, as the trials have ended in hung juries.

No guilty verdict.

No innocent verdict.

I feel for these fine folks...


6 posted on 12/30/2017 5:57:43 AM PST by BBB333 (The Power Of Trump Compels You!)
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To: SharpRightTurn

That is the most likely scenario. Judge Navarro was fully participating in the entire charade until the fraud was outed. Then she started making a few better decisions. More and more evidence of Prosecurial Misconduct(withholding Brady evidence) came out. Judge Navarro can no longer cover for the Prosecutor. Both are caught and either way they will take a major hit. Sessions is involved now after being a full cheerleader for the Prosecution. Credibility is shot. Dismiss charges and pay off all the parties that were illegally prosecuted. Oh, and the guy they shot dead just because they could.


7 posted on 12/30/2017 5:57:49 AM PST by DrDude
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To: Nextrush

Keep trying them until they accept a plea deal? The trials are the punishmet. Offical oppression like the British colonial goverment flisted on our ancestors before 1775. The 6th Amendment is long dead.


8 posted on 12/30/2017 6:05:27 AM PST by fella ("As it was before Noah so shall it be again,")
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To: SharpRightTurn; Nextrush
SharpRightTurn :" This travesty should be shut down.
If the prosecutors persist, they should be warned by the judge that if they ask to retry the case one more time
they will be charged with prosecutorial abuse."

The first time of "oversight" of exculpatory evidence might be considered accidental, although,that is unlikely and demonstrates professional incompetence.
The second incidence of "oversight" is obviously intentional and demonstrates collusion, with 'malicious intent'.
The third incidence of "oversight" is a malignant conspiratorial effort and should be criminally prosecuted by the court and further, by the bar association.

9 posted on 12/30/2017 6:07:59 AM PST by Tilted Irish Kilt
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To: Nextrush
A few years back, I was a minor participant in a civil trial in a DC court. During one session, the DOJ lawyer clearly lied to the judge. Afterward, I asked our attorney how he could get by with that. His answer was quite surprising. He replied, "The lawyer wasn't under oath", as if that explained it. But then he added rather cynically: "A judge becomes very good at detecting liars. In many cases the defendant is lying, the lawyers are lying, and the only one possibly telling the truth is the witness. The judges become very good at detecting who's lying".

In this case, in my opinion, the DOJ lawyers are clearly lying. I suspect the judge knows that, too.

10 posted on 12/30/2017 6:25:55 AM PST by norwaypinesavage (The stone age didn't end because we ran out of stones.)
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To: Nextrush

Discovery is a problem. If the defense didn’t request it, there is no reason to give it. And you can’t always tell what you are going to use until you decide to use it in trial. It’s always a struggle to determine what does and what does not need to be disclosed. There are attorney work product issues also. It’s not all black and white. Working in the gray areas is what makes legal work difficult.

My comments apply to all cases, not just Bundy’s. My problem in the Bundy case is that I have not been able to figure out what Bundys are being prosecuted for. Which brings up another problem—overzealous prosecution with no regard for the truth. I don’t do criminal defense, but I am around it. I see and hear about so much overcharging, wanting convictions to build a record to support a judicial appointment for the prosecutor later, it just makes me sick.


11 posted on 12/30/2017 6:25:58 AM PST by yldstrk (My heroes have always been cowboys)
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To: alloysteel

Not when there is a mistrial unless case is dismissed “with prejudice.” Has the court made that determination yet?


12 posted on 12/30/2017 6:26:50 AM PST by yldstrk (My heroes have always been cowboys)
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To: yldstrk

This is all about the government wanting control of the Bundy’s property. The Bundy’s were the only ranchers who stood in the way and would NOT sell and resisted. One way or another via multiple trials, intended to “break” the financial bank of the Bundy’s, the government will get/take control of that land. I could be way off base but that’s my take on this travesty of justice.


13 posted on 12/30/2017 6:53:14 AM PST by DaveA37
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To: fella

Reminds me of a book entitled, “The Trial” by Franz Kafka.


14 posted on 12/30/2017 6:57:39 AM PST by Portcall24
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To: BBB333
At some point, trying people over and over again becomes cruel and unusual punishment. I think this has gone from prosecution to persecution. President Trump needs to pardon them and order an investigation into the prosecutors.

Sessions won't because he's a fag.

15 posted on 12/30/2017 6:58:38 AM PST by Sirius Lee (In God We Trust, In Trump We MAGA)
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To: Nextrush
....was "inadvertent" or because they reasonably believed the law didn't require them to share the material......


16 posted on 12/30/2017 7:02:26 AM PST by Delta 21 (Build The Wall !! Jail The Cankle !!)
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To: Nextrush

Horsecrap. The defense asked for specific documents and media, and the defense explicitly told them it didn’t exist. That is not ‘inadvertant’, that is prosecutorial misconduct due to obvious perjury. And grounds for terminating sanctions with referral to BAR to strip prosecutor of attorney license and immunity from civil suit(s).


17 posted on 12/30/2017 7:06:11 AM PST by RideForever
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To: SharpRightTurn

I wonder if Jeff has replaced any of Obama’s US Attorneys yet? Clinton fired all of Bush’s pretty much on day one. But then Jeff is still carrying Rosenfeinstein.


18 posted on 12/30/2017 7:09:10 AM PST by Bonemaker
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To: yldstrk

Has the court made that determination yet?
______________________

Judge is deliberating whether with prejudice or not this weekend. Motion made by defense last week. Feds sent ‘evidence expert’ from DOJ to whisper in judge’s ear last week.

Given that specific questions were answered falsely by the prosecution multiple times, this case should be dismissed w/ prejudice (no further prosecution possible).


19 posted on 12/30/2017 7:16:35 AM PST by RideForever
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To: Tilted Irish Kilt

Hear! Hear!
Tilted Irish Kilt nailed it!


20 posted on 12/30/2017 7:41:30 AM PST by PubliusMM (RKBA; a matter of fact, not opinion. Mr Trump, we've got your six.)
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