Posted on 12/20/2017 11:52:51 AM PST by Sopater
A judge declared a mistrial Wednesday morning in the Bunkerville standoff case involving rancher Cliven Bundy and other defendants, finding that the federal government improperly withheld evidence.
A new trial for Bundy, his sons Ammon and Ryan, and co-defendant Ryan Payne, on charges arising from the 2014 standoff with federal agents was set for early next year.
U.S. District Judge Gloria Navarro said that video surveillance, maps and FBI interview information was willfully withheld by the prosecution in violation of due process required by the U.S. Constitution.
Considered collectively, she said, the evidence that was withheld was favorable to the defendants and its untimely disclosure was prejudicial in that it “undermined the confidence of the outcome of the trial,” Navarro ruled.
Case law says that illegal suppression of evidence occurs when the government fails to turn over information that was available not only to the prosecution, but to federal investigative agencies, Navarro said. Thus information and reports obtained and created by the FBI and Bureau of Land Management were available to prosecutors and should have been made available to the defense, she said.
Since the start of trial in October, the defense has received 3,300 pages of discovery that was produced past deadline.
Had the evidence been provided in a timely manner to the defense, attorneys for Bundy would have asked different questions of the jury, exercised their peremptory challenges differently and made stronger arguments during their opening statements, she said.
Navarro said she wanted to be clear that her order did not mean that the evidence was in fact exculpatory or that the defendants were not guilty.
“That’s not my technical position, and it’s not a factual decision to be made by this court,” Navarro said.
(Excerpt) Read more at reviewjournal.com ...
Can they really just keep blowing it and refiling? This has to stop.
Mistrial? Should be dismissed with prejudice and sanctions on the prosecutor.
Sessions is a disaster, worse than useless.
L
So the Bundy’s now have to pay for two trials? Because the Government was dishonest. What about filing criminal charges against the government?
an interesting note: Drudge is not carrying this story, but Liberty Daily is. Drudge is too busy with CNN propaganda and such.
state security services will keep trying this innocents until doomsday
https://www.freerepublic.com/focus/f-news/3615383/posts
Judge Declares Mistrial In 2014 Bundy Ranch Standoff Case
56 comments so far
Drudge has been flipped.
“The fault, dear Jeff, is not in our stars / But in yourself …"
MerEffer pros attys must be DIBARRED!! Sanctioned!! Pay all fees of the defendants, plus punitive damages.
Can they really just keep blowing it and refiling?
##############
Yes, they can. We’ve reached the point of virtual show trials in many jurisdictions, not just the feds. When sheeple bleat for zero tolerance, the unintended consequence is often to diminish the Bill of Rights and increase the scope of government power.
Beauregard would have remained a fairly faithful senator from Alabama. Now, A constant screw up he is neither a senator nor a useful AG. He is nada. Bupkiss.
Somebody in the FBI should be fired.
The BLM and others who rustled the Bundy cattle should be charged
“Somebody in the FBI should be fired.”
The entire leadership down 4 levels at least.
6 would be better.
L
Unintended by whom?
Fedzilla will never stop on this one.
The citizens need to be taught not to get uppity.
Anyone within 6 degrees of separation (in all directions) from James Comey ...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.