Fortunately, no one was injured in the confrontation. Days into the Bundys trial, the government began disclosing information in its possession that, under Brady v. Maryland, 373 U.S. 83 (1963), was arguably useful to the defense and should have been produced to the defendants well before trial. As additional documents came forth, the district court held a series of hearings, eventually deciding that the trial could not go forward and that the indictments must be dismissed with prejudice. Under Brady, [t]he prosecution is trusted to turn over evidence to the defense because its interest is not that it shall win a case, but that justice shall be done. Amado v. Gonzalez, 758 F.3d 1119, 113334 (9th Cir. 2014) (quoting Strickler v. Greene, 6 UNITED STATES V. BUNDY 527 U.S. 263, 281 (1999)).
A district court is imbued with discretion in the supervision of proceedings before it and may dismiss an action when, in its judgment, the defendant suffers substantial prejudice and where no lesser remedial action is available. United States v. Chapman, 524 F.3d 1073, 1087 (9th Cir. 2008) (citations and quotation marks omitted). Finding no abuse of discretion, we affirm the judgment of the district court.
Was that a herd of pigs flying past my window?
More flagrant abuse from the DOJ.
The DOJ gang is worse than the mafia.
i thought the feds shot one of the guys via sniper
claimed he fired first
Government misconduct, withholding of exculpatory information, dismissal of charges...
Same issues, different result?
-PJ
The wrongful death (2016) of LaVoy Finicum lawsuit (the Oregon part of this mess) continues in Oregon.
My wife’s cousin was a successful defense attorney in California. He could go on for hours about the easy convictions that were lost by the DAs and cops because of just plain stupidity and incompetence. Hiding evidence from the defense will get your case tossed every time.
Was Weissmann involved? He loves to cheat.
Unfortunately, good lawyers work for private firms or themselves. Bad ones work for the government.
Bttt.
5.56mm