Saturday, November 25, 2017

BUNKERVILLE STANDOFF:  TRIAL RESUMES MONDAY,  JUDGE REFUSES PROSECUTION DEMAND TO SANCTION DEFENSE LAWYER


The next prosecution witness is expected to take the stand Monday in the third Bunkerville Standoff trial of Cliven Bundy, his sons Ammon and Ryan Bundy, along with Ryan Payne.

Justice Department lawyer Terry Petrie wrapped up his testimony on Wednesday before the Thanksgiving break, answering questions submitted by jurors.

US District Judge Gloria Navarro's decision to allow juror questions at the trial submitted in writing is seen as a way for her to see the mind of the jury and enable her to declare a mistrial if she sees a "threat" of jury nullification.

Jurors asked about water rights and grazing rights.   Judge Navarro did not let Petrie answer some questions and said the water rights issue is not determined.

But the defense contends that water rights are Cliven Bundy's on the land used for grazing and that the water rights reside with the state of Nevada and Cliven Bundy.    Cliven Bundy's attorney Bret Whipple says one important reason that Mr. Bundy did not want his cattle impounded and removed from the grazing land was that he would lose water rights if the cattle were taken off the land.

In a video made in 2015 and just posted on the "JGrady" account on You Tube this weekend, Ammon Bundy reveals that the federal government tore up water collection and distribution systems used by the Bundy's  on the grazing land when they moved in to impound the cattle back in the days before the standoff in 2014.

After the  jury's questions to Mr. Petrie,  Judge Navarro opened the door to further questioning from the lawyers and Mr. Whipple responded to a juror's written question about any legal appeals on Cliven Bundy's grazing rights.   Attorney Whipple said that yes there is a legal appeal on the right to graze on the land.

After jurors left the courtroom the prosecution, led by Acting US Attorney Steven Myrhe, demanded that Whipple be sanctioned by the judge for telling the jurors about the legal appeal.   She declined to issue any sanction.

In the coming week the trial will be in session Monday through Thursday from 9 am to 430 pm.

After that a break will occur.    The trial will not resume until Monday December 11th.

A hearing on motions in the trial is scheduled Wednesday,  likely before the trial starts in the morning.





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