Judge Gloria Navarro declared a mistrial Wednesday morning in the Bundy trial in Las Vegas, Nevada, as a result of her concerns about Brady violations by the prosecution. Judge Navarro described the violations as “willful” failure to turn six key pieces of evidence over to the defense that would be helpful to their case.
The withheld evidence includes verification of several things the defense has argued contributed to the actions of the defendants during the 2014 armed standoff between the Bundys, their supporters, and Bureau of Land Management and law enforcement officers. The prosecution has repeatedly denied these things occurred.
One example was documentation of the presence of snipers near the Bundy ranch in the days leading up to the standoff. The Bundys repeatedly claimed that snipers were there, and this was one reason people, including militia members, came to Bunkerville to support them. Many claim that when they heard about the snipers, they feared violent action against the Bundys by law enforcement, and came to protect them.
The Bundys themselves have argued that they felt threatened because of the snipers and the aggressive posture of the authorities. They have said the Bureau of Land Management provoked them and their supporters into the armed standoff that occurred April 12, 2014 in Nevada. However, according to the judge, the prosecution has insisted there were no snipers present in previous trials.
Judge Navarro cited an “FBI log with entries that said ‘snipers were inserted’ and on standby outside the Bundy home. Three entries in the log mentioned snipers present, Navarro noted. Prosecutors claimed they were unaware of the log at first because it was kept on a thumb drive in a tactical vehicle.”
“The government is still responsible for information from the investigating agency. The FBI chose not to disclose it,” Navarro said.
Another example, an FBI report about a security camera, trained on the Bundy family home in Bunkerville, that was put up and monitored by the FBI. “The government falsely represented the camera that was on the Bundy house was incidental, not purposeful,” the judge said.
Also included were threat assessments of the Bundys that stated they weren’t considered violent, and documents from the Bureau of Land Management that show the Bundy’s trespassing cattle had caused no harm to the endangered desert tortoises.
As a result of these developments, “a mistrial in this case is the most suitable and only remedy available,” Judge Navarro said. A new trial may be held in February, but in the meantime, Judge Navarro will decide if it is a mistrial with or without prejudice. If she rules it is with prejudice, there won’t be another trial for the current charges against Cliven, Ryan, and Ammon Bundy and Ryan Payne.