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NM:Reese brief highlights government evidence suppression, misconduct(BATFE persecution)
Gun Rights Examiner ^ | 14 July, 2013 | David Codrea

Posted on 07/14/2013 10:25:46 AM PDT by marktwain

Requesting that the United States Court of Appeals affirm the district court’s 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 judge’s ruling that the prosecutor withheld evidence from the jury.

Claiming “the government’s 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 government’s misconduct is relevant.”

(Excerpt) Read more at ...

TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: New Mexico
KEYWORDS: atf; banglist; batfe; codrea; fastandfurious; guncontrol; gunrunner; murdergate; nm; reese; secondamendment
The Reese family ran a gun shop. And *gasp* they are *white*!

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)

1 posted on 07/14/2013 10:25:46 AM PDT by marktwain
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To: marktwain

This government is getting completely out of control. Who will expose this criminality to the public?

2 posted on 07/14/2013 10:36:11 AM PDT by ez (Muslims do not play well with others.)
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To: marktwain
I remember the days when the Constitution said: "Amendment V - No person shall be held to answer for a capital, or otherwise infamous crime . . . without due process of law . . ." and it meant something. That was a long time ago.
3 posted on 07/14/2013 10:38:18 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: marktwain; Joe Brower; Travis McGee; LucyT; vette6387; MetaThought; 60Gunner; XHogPilot; ...
When will someone else have the courage of the six ladies in Florida who made sure JUSTICE was served?
America, YES, WE CAN!

4 posted on 07/14/2013 10:42:04 AM PDT by MestaMachine (,)
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To: ez

Edward Snowden for one. And for that he gets labeled a Traitor by some.

Not by me.

5 posted on 07/14/2013 1:03:58 PM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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