Posted on 02/16/2017 4:00:57 AM PST by Nextrush
Marcus Mumford's lawyer urged a judge Wednesday to dismiss all criminal charges against his client, citing "outrageous" government misconduct and a lack of authority by deputy U.S. marshals to wrestle Mumford to the ground and stun him with a Taser gun while he was arguing on behalf of Ammon Bundy in court last fall.
Marshals took Mumford into custody on Oct. 27 just after a jury acquitted Bundy, the leader of the Malheur National Wildlife Refuge occupation of all charges in the case. The jury also acquitted six co-defendants.
"Mr. Mumford stood in the well of the courtroom and protested that his client should not be held without lawful authority an argument made frequently and with vehemence by defense attorneys," his lawyer, Michael Levine, argued in a written motion. "In response, he was physically and outrageously attacked an subjected to potentially lethal force."
Mumford is charged with creating a disturbance by impeding or disrupting official duties of the U.S. marshals, failing to comply with courthouse signs that prohibit such conduct and failing to comply with a federal officer's directipn to stop kicking and resisting and to place his hands behind his back.
The charges are all misdemeanors and were revised slightly under a new criminal information filed in court this week.
After Mumford had achieved a "magnificent victory," marshals tackled him as he questioned the government's authority to continue to hold Bundy on federal charges pending in Nevada and demanded to see paperwork to back it up, Levin said.
Once Mumford was down on the courtroom floor, he was stunned in the back with a Taser, he and his lawyer said. Mumford said his shirt was ripped. He's taking cortisone shots for the injury, Levine said......
Mumford's lawyer wants a jury trial....
Mumford's lawyer said the court has discretion to allow a jury trial and should because of the high-profile and unusual case. A jury, he argued in court papers, should stand between a "zealous defense attorney" whose livelihood is at stake and the government who the defense contends charged Mumford "out of spite."....
At Levine's urging, U.S. District Judge John C. Coughenour told prosecutors that they must turn over any text messages between marshals that might show any indication of hostility by them toward Mumford.....
Its embedded in this story.
The defense says the Mumford was deliberately targeted.
The judge told prosecutors that they should turn over any text messages between the marshals expressing any hostility towards Mumford.
This story is about a pre-trial hearing regarding the case against Mumford.
Wow, watch the video - there’s no audio but the the visuals indicate the attorney did nothing to provoke the attack. Unless, the Judge had ordered to attorney to stop speaking and sit down there was no reason for this. Federal government thuggery at it’s ugliest.
Oh yeah, sure, that'll happen. NOT.
All those Marshalls belong in prison.
From the court stenographers report attached at the link. The Judge actually told the marshalls to “back up.” They did not follow the judges command and proceeded to take Mumford down. They are the ones who should have been charged with contempt of court. Mumford was doing his job, arguing on behalf of his client and for that the “authorities” decided they had the power to arrest him. Just one more political prisoner taking a hit at the hands of the feds.
“THE COURT: Mr. Mumford — gentlemen, will you all
just back up for a minute.
Mr. Mumford, the Court is making a ruling. There is a
hold from Nevada. Your client is subject to it. You can
litigate it separately, please.”
A competent judge would hold those Marshalls in contempt of court!
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