BUNKERVILLE STANDOFF: PROSECUTION HID INFORMATION ON CAMERAS AND SNIPERS, JUDGE NAVARRO BANS VERBAL OBJECTIONS IN TRIAL
"Based upon the government's motion this morning, the court's subsequent ruling, and the content of the government's opening statements (discussed in detail below)--it is apparent that the legal grounds for mistrial exist, and the remedy is essential to protect Mr. Ammon Bundy (and the other co-defendants) and their due process and other legal rights......"
A second motion to dismiss charges filed by Ammon Bundy's attorneys November 14, 2017
At last week's evidence hearing Acting US Attorney Steven Myrhe, who is the lead prosecutor in the Bunkerville Standoff case, insisted there was little information to provide on any surveillance cameras or armed law enforcement around Bundy Ranch in the days leading up to the April 12, 2014 standoff.
But after hearing the arguments, US District Judge Gloria M. Navarro did order the prosecution to provide detailed information to the defense by Noon on Sautrday.
The defense lawyers for Ammon Bundy filed a second dismissal motion on Tuesday after declining to make an opening statement and after the Monday evidence hearing that went into a closed session with the public ushered out.
In the motion, attorneys Morgan Philpot and Dan Hill lay out the new previously unknown information revealed to them including a log file kept with four days of video surveillance conducted by the FBI (April 5 to 8, 2014).
They reveal that the FBI had established a "Forward Operating Base" a short distance from the Bundy Home and that FBI SWAT operated from there and other locations around the Bundy home.
This came at a time Cliven Bundy put out word about being surrounded,and a video was posted of the beating and arrest of Dave Bundy by federal law enforcement. This led supporters to arrive by the hundreds at Bundy Ranch.
Here's more from their second dismissal motion:
Here's more from their second dismissal motion:
"But what the government didn't address in it opening was the pre-arrest buildup of law enforcement. Specifically, the government argued that after the "arrest of Dave Bundy" the "message changed" and the social media messages escalated to "they have got my boys" and they have "snipers" pointing at us. But, as the Court knows, the "sniper" message has some factual context just disclosed to the defense. Namely that fully armed BLM officers with AR-15 assault rifles and FBI SWAT with "snipers" had set up a Forward Operating Base less than two miles from the Bundy Ranch home--several days before the Dave Bundy arrest. Thus, the new information provided and the "review" the government admitted it needs to do, concerns the defense's ability to use this newly disclosed factual basis-to address in opening, the evidence previewed by the government.
Further, the government stated that the social media messaging put out by "the Bundy" that "now they have our house surrounded" came after the Dave Bundy arrest, and that it was "false" but the prosecution didn't disclose until the last few days, that it came while an army of 20+ FBI agents had pre-planned and begun to establish the FOB Malcom a short distance from the Bundy Ranch home, beginning April 5 (before the Dave Bundy arrest). This is significant because "all" of the actions of the defendants, according to the Superseding Indictment, were undertaken and performed with the intent and purpose of "threatening intimidating and extorting" federal officers........."
Second motion to dismiss from Ammon Bundy's attorneys November 14, 2017
Bureau of Land Management official Mary Jo Rugwell was set to be on the stand as the trial continued on Thursday afternoon in Las Vegas.
BUT JUDGE NAVARRO MADE SOME NEWS DURING THE HALF DAY COURT SESSION BY DECIDING THAT NO VERBAL OBJECTIONS WILL BE ALLOWED DURING THE TRIAL, THEY WILL BE HANDLED AT SIDEBAR WITH PRIVATE CONVERSATIONS BETWEEN HER AND ATTORNEYS.
Judge Navarro will allow Ryan Bundy to visit Bunkerville with other defense lawyers this weekend.
Ryan Bundy is released on house arrest and is moving from a halfway house to a cousin's home in Las Vegas.
BUT JUDGE NAVARRO MADE SOME NEWS DURING THE HALF DAY COURT SESSION BY DECIDING THAT NO VERBAL OBJECTIONS WILL BE ALLOWED DURING THE TRIAL, THEY WILL BE HANDLED AT SIDEBAR WITH PRIVATE CONVERSATIONS BETWEEN HER AND ATTORNEYS.
Judge Navarro will allow Ryan Bundy to visit Bunkerville with other defense lawyers this weekend.
Ryan Bundy is released on house arrest and is moving from a halfway house to a cousin's home in Las Vegas.
(MORE TO COME)
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