OREGON STANDOFF: JUDGE TOSSES EVIDENCE AGAINST FBI AGENT ACCUSED OF LYING ABOUT FIRING AT LAVOY FINICUM
US District Judge Robert E. Jones threw out a 3-D animation that federal prosecutors wanted to use in the trial of W. Joseph Astarita the FBI agent accused of lying about shots he fired towards LaVoy Finicum moments before Oregon State Police shot him dead.
The judge's Monday ruling (June 11th) takes out a visual illustration prosecutors wanted to use to show a jury Astarita's location when the shots were fired.
Judge Jones said the animation was based on a smudgy FBI drone video taken from high altitude.
It's worth noting of course that the FBI asked Oregon State Police not to wear their body cams during their "felony traffic stop" operation and wore no cameras themselves.
Judge Jones issued a 26-page opinion allowing all prosecution witnesses except the 3-D animation expert from testifying. Jones said there are holes in the other expert witnesses but its up to the jury to decide.
Prosecutors will have to rely on witness testimony more than the visual evidence of the 3-D animation.
Astarita will face trial starting July 24th in Portland on five charges. Three of making a false statement to his supervisors three separate times and two of obstruction of justice for failing to tell Oregon police investigators that he fired the two shots on January 26, 2016.
One of the shots is believed to have injured a passenger in LaVoy Finicum's truck, Ryan Bundy, who was taken to a hospital after his arrest where an x-ray showed the shrapnel wound in his shoulder.
Link below......
It's worth noting of course that the FBI asked Oregon State Police not to wear their body cams during their "felony traffic stop" operation and wore no cameras themselves.
Judge Jones issued a 26-page opinion allowing all prosecution witnesses except the 3-D animation expert from testifying. Jones said there are holes in the other expert witnesses but its up to the jury to decide.
Prosecutors will have to rely on witness testimony more than the visual evidence of the 3-D animation.
Astarita will face trial starting July 24th in Portland on five charges. Three of making a false statement to his supervisors three separate times and two of obstruction of justice for failing to tell Oregon police investigators that he fired the two shots on January 26, 2016.
One of the shots is believed to have injured a passenger in LaVoy Finicum's truck, Ryan Bundy, who was taken to a hospital after his arrest where an x-ray showed the shrapnel wound in his shoulder.
Link below......
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