Skip to comments.NM:Reese brief highlights government evidence suppression, misconduct(BATFE persecution)
Posted on 07/14/2013 10:25:46 AM PDT by marktwain
Requesting that the United States Court of Appeals affirm the district courts decision to grant a new trial and permit oral arguments, attorneys for the Reese family filed an Apellees Brief Thursday claiming suppressed impeachment evidence was both favorable and material and the decision to grant a new trial was within the sound discretion of the trial court.
Arrested almost two years ago for allegedly knowingly selling guns to cartel members while operating a New Mexico gun store, all Reese family members were found not guilty on the most serious charges of conspiracy. Additionally and significantly, money laundering charges against them were dismissed. Husband Rick, wife Terri and son Ryin were convicted on a handful of lesser charges of making false statements on forms, basically under the presumption that they should have known federal agents were lying. Rick and Ryin were released on bond in February and Terri was released on bond last year. Son Remington was cleared of all charges, and a new trial for the outstanding convictions has been ordered following the judges ruling that the prosecutor withheld evidence from the jury.
Claiming the governments statement of facts is flawed and that it suppressed potential evidence [and] misstated [its] claim, the brief documents how the prosecution then attempted to marginalize the impact of keeping from the jury the fact that a law enforcement witness was himself under criminal investigation.
The district court did not err in granting the defense motion for a new trial, the brief argues. The decision was within its sound discretion, supported fully by the facts in the record and in compliance with the appropriate legal standards.
The impeachment information suppressed by the government was material, it continues. The governments misconduct is relevant.
(Excerpt) Read more at examiner.com ...
Of course they are guilty. It is the job of the politically correct justice department to provide the jury enough reason to find them guilty, somehow, someway... how can doing that be "misconduct" (big sarcasm alert)
This government is getting completely out of control. Who will expose this criminality to the public?
Edward Snowden for one. And for that he gets labeled a Traitor by some.
Not by me.