BUNKERVILLE STANDOFF BREAKING:  PROSECUTORS WANT CASE TO CONTINUE AFTER DOJ INTERVENTION

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 "inadevertent".

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 prepared before the April 12, 2014 standoff.

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)."