Court grants new trial to New Mexico gun dealer family

Gun Rights Examiner ^ | 1 February, 2013 | David Codrea

[marktwain]

In addition to granting conditional release to Rick and Ryin Reese, the two remaining members of a New Mexico gun dealer family still behind bars after 18 months incarceration, Judge Robert C. Brack of the United States District Court for the District of New Mexico has also granted a motion for a new trial, a Memorandum and Opinion Order filed today mandates.

“This matter came before the Court on Defendants’ Motion for a New Trial … and Motion for Release on Conditions Pending Sentencing,” the order states. “On January 28, 2013, the Court held a hearing on these motions. Having considered the evidence, arguments of counsel and the relevant law, the Court grants these motions.

“Therefore, it is ordered that Defendants’ Motion for a new Trial … and Defendants’ Motion for release … are GRANTED,” the order concludes.

The father and son are the last two members of a New Mexico gun dealer family jailed for allegedly knowingly selling guns to cartel members, but who were subsequently found not guilty on the most serious charges of conspiracy and had money laundering charges against them dismissed. They were convicted on a handful of lesser charges of making false statements on forms, basically under the presumption that they should have know federal agents were lying. Wife Terri Reese was released on bond last year, and son Remington was cleared of all charges.

The case has taken an increasingly disturbing series of turns, including evidence that the prosecution intentionally withheld evidence. From his comments, Judge Brack appears to have finally had it with the prosecution. In addition to detailing the conditions of bail, the judge offers a scathing criticism of U.S. Attorney conduct throughout the case, charging ‘there is no doubt the prosecution, intentionally or negligently suppressed the evidence,”

[marktwain]

Great news for the Reese family. I wonder if the prosecution will continue the persecution or will decide to cut their losses and drop all charges.

[muawiyah]

it’s really difficult to read between the lines on these SW prosecutors ~ they seem to all be corrupt

[MestaMachine]

More Codrea on the Reese Family case.

[Fred Nerks]

I think you will be interested to see this.

[TigersEye]

...the judge offers a scathing criticism of U.S. Attorney conduct throughout the case, charging ‘there is no doubt the prosecution, intentionally or negligently suppressed the evidence,”...

Nothing ambiguous about that statement. I hope the FedMob gets reamed for this when all is said and done.

[Venturer]

It is shameful what was done to this family.

[tiki]

On Thursday evening I was informed that the Reeses were going to be able to bond out but needed 10K each. By Friday noon they had gotten enough donations. They have nothing as the government confiscated everything

[morphing libertarian]

When evidence is suppressed the guilty official should serve the same sentence the suspect would have served.

If these people are being tried why aren’t holder and Obama?

[rmichaelj]

If you want to help them, the end of the article gives an address to send funds to: Reese Defense Fund, Attention Patricia Arias, First Savings Bank, 520 South Gold, Deming, NM 88030.

[eyeamok]

“‘there is no doubt the prosecution, intentionally or negligently suppressed the evidence,”

At this point the Judge should have taken the Prosecutor and his entire team into Custody, and FILED CHARGES of Deprivation of Rights as well as Contempt and a Strongly worded complaint demanding his Immediate Disbarment. But Moral Bankruptcy still rules the day I guess.

[Texas Fossil]

The article did not name the Federal Prosecuting Attorney.

Found this which might reference who that is:

http://www.abqjournal.com/main/2013/02/02/news/judge-says-evidence-was-withheld-in-gun-case-2.html

“However, in arguing against a new trial last week, federal prosecutor Maria Armijo said Batts was never charged, the allegations were never substantiated and Batts testified he knew nothing about the investigation and so had no motive to tailor his testimony at trial.”

Is Disbarment really on the table?

[Texas Fossil]

From the same article

Still hanging in the balance is a civil case in which the government is seeking the forfeiture of the Reese’s property, including 1,428 firearms, nearly two million rounds of ammunition, $117,000 in gold and silver coins and more than $117,000 in cash.

[marktwain]

“Still hanging in the balance is a civil case in which the government is seeking the forfeiture of the Reese’s property, including 1,428 firearms, nearly two million rounds of ammunition, $117,000 in gold and silver coins and more than $117,000 in cash.”

Wow. That is likely over a million dollars in property, not unreasonable for a working family business. And, they want to take it all without even a conviction.

Excessive fines, anyone?

This is all over a couple of he said, she said paperwork violations.

[Texas Fossil]

This is about a Federal Prosecutor witholding evidence and being caught by a Federal Judge.

I suspect some of the BATF Fast & Furious team is behind this.

Is a judgement against the BATF for false testimony possible in this case?

[marktwain]

And this is only what has been found *so far*. What other nonsense has been done that has been successfully hidden?

[Brown Deer]

Plutarco Elías Calles grew up in poverty and deprivation, the son of an alcoholic who was not married to his mother. He adopted the Calles surname from the uncle who raised him after the death of his mother, Maria de Jesús Campuzano. This uncle, Juan Bautista Calles was a devout atheist and raised his nephew with a fanatical hatred of the Catholic Church. His father, also called Plutarco Elías, was descended from a prominent family in the Provincias Internas, most often recorded as Elías González. The first of this line to settle in Mexico was Don Francisco Elías González de Zayas (1707–1790), who emigrated from Soto de Cameros, La Rioja, Spain, to Zacatecas, Mexico, in 1729. Eventually, he moved north to Chihuahua, where, as commander of the presidio of Terrenate, he played a role in the wars against the Yaqui and Apache.

The Elías family accumulated their fortunes as capitalistic merchants. With their wealth they were able to invest in mining, ranches, good marriages and political favors from the representatives of the crown. In all, everything was done with the capital of the Elías. The positions of commandants, could be bought for 12-14 million pesos. The majority of the large land parcels in Arizona were notably controlled by the Elías González family, or families who were legally associated due to marrieges like the Ortiz or the Perez. The members of the Elías family increased their titles of various lands in the Tucson area even though they lived in Arizpe, Sonora.

In 1832, José Florentino Rafael Elías, was given the property deed to the Ranch of San Rafael of the Valley. We are speaking of the period in whichMexico had won its independence, and new land concessions were being made by the new government in Mexico. Rafael, had made his request in 1828; besides the ranch of San Rafael, he was also owner of the ranch in San Pedro. In 1837, he was named Governor of Sonora, and before being named governor, he was the chairman of the committee who replaced the local legislature. In those years there was a major economic depression that the soldiers even sold their arms to the general public. The shortages provoked revolts in 1832 and 1834 by the soldiers in Santa Cruz and Tucson. They were asking for help from the central government. Officer documented that Rafael issued a bulletin that advertised the consequences if residents bought arms from the soldiers.

Another grandson of Don Francisco was Simón Elías, older brother of Rafael. In his service record in Santa Cruz, appears the Don that was used by decedents of pure Spanish blood. Simon started his military career in 1788 in the Tucson company. He stayed there until 1793, then he was sent as a cadet to Buenavista. In 1807, he was assigned as commandant of the Tubac presidio. In 1814, this assignment was given to Ignacio Elias Gonzalez. Later on Simon was commandant of Santa Cruz, until 1820. Before 1811, he was military commander of the Villa de Chihuahua and the integrator of the military court of the Spanish crown. He participated in giving the execution order of Don Miguel Hidalgo y Costilla. On April 1,1826, was named as First Governor, for being the "most respectable and popular figure in Sonora". In May of 1826, he sent a circular to all the mayors of the frontier presidios requesting information on all entering foreigners. In those moments the Americans were traveling on their way to California after the gold fever. Colonel Sirnan Elias is the only person in the history of Mexico that functioned as governor of two states simultaneously, he later became governor of Chihuahua.

Col. José Maria Elías Gonzales, was the one who fought most with the Apaches. He was of the opinion that the Apaches “could not be considered as human socially and citizens". He would never permit that they live in a town, establish as land owners, work their land as it would be a “natural thing”. He proposed to the governor that a new pueblo be created in Sonora, nearby the presidios where the Apaches could establish themselves. He offered to take on some responsibilites and to provide them with tools and equipment and help them in other forms. At the end the Apaches suffered under the Mexican government and under the United States government. Jose Maria signed the peace treaty with the Apaches de Pinals on March 5, 1836. He became the Governor of Sonora in 1843.


In 1915, Plutarco Elías Calles became Governor of Sonora, known as one of the most reformist politicians of his generation. His radical rhetoric tended to conceal the pragmatic essence of his policy, which was to promote the rapid growth of the Mexican national economy, whose infrastructure he helped to establish. In particular, he attempted to make Sonora a dry state, promoted legislation giving social security and collective bargaining to workers, and expelled all Catholic priests. In 1919, Venustiano Carranza promoted Calles to Secretary of Commerce, Industry and Labor. In 1920 he aligned himself with Álvaro Obregón to overthrow Carranza, and Obregón named him head of the interior ministry. Calles used his ability to draw in labor class votes to come to power with Obregón. He aligned himself with the Laborist Party and was in 1924 elected President of Mexico and remained in office until November 30, 1928.


In December of 1943, the niece of Gen. Plutarco Elias Calles, Dolores Calles Osuna of Tucson, Arizona was married to Alba Reese in Bisbee, Arizona. The announcement of this marriage was reported in the Society Page of the Yuma Daily Sun on December 11, 1943. The ceremony was performed by Superior Court Judge Frank E. Thomas, a friend of Reese since boyhood. Reese's brother Jerry was the grandfather of Rick Reese of Deming, New Mexico.

Antonio Campusano † Mexico & Josefa Noriega † Mexico

|

|

|

Maria Josefa de Jesús Campusano ca 1850 Mexico - ca 1880 Guaymas, Mexico

Maria Francisca Antonia Campusano 12 Sep 1847 Hermosillo, Mexico

|

|

President Plutarco Elías Calles 25 Sep 1877 Guaymas, Mexico - 19 Oct 1945 Mexico City, Mexico

Dolores Calles 1874 Hermosillo, Mexico

Dr. Harry Alanson Reese 23 Jan 1867 Saline Co., KS - 25 Apr 1949 Yarnell, AZ & 5 Sep 1894 Jennie Fisher Shultz 18 Nov 1873 Huntingdon Co., PA - 27 Jan 1958 Prescott, AZ

|

|

|

|

|

|

Dolores Calles Osuna 21 May 1899 Tucson, AZ - May 1969 Phoenix, AZ

Alba Roy David Reese 18 Jun 1895 Kansas - 2 Oct 1962 Phoenix, AZ

Gerald Gouldin Reese 4 Apr 1902 Stillwater, OK - 31 Oct 1989 Yuma, AZ

|

|

|

|

Fred Thomas Reese 28 Feb 1937 Yuma, AZ

|

Rick R. Reese 19 Nov 1955 Yuma, AZ

Terri Ellen Sherman 1962 Yuma, AZ

|

|

|

Ryin Reese 1987/88

Remington Reese 1991/92

[Texas Fossil]

Exactly. God help the family.

And God Bless the U.S., God Bless Israel, God Bless Texas, God Bless your family and mine.

[Texas Fossil]

Thank you for the history. I lived in Silver City for 14 years (1972-1986) and traveled to Deming every week on business. Some very fine people live there. Especially the old families.

I traveled Southern NM & AZ in the wholesale hardware distribution business.