Month: December 2017

Bundy trial in Nevada ends in mistrial

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.

Protest On Trial: Six defendants arrested during Disrupt J20 protests on Inauguration Day fighting felony charges in court

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Katie Aguilera

On November 20, 2017, trial began in Washington DC superior court for six defendants arrested during the protests that took place on Inauguration Day.  More than 200 people were arrested that day after a small number of protesters clashed with police, smashed windows, and committed other acts of property destruction.  Six police were injured, and an estimated $100,000.00 in damage resulted from the violence.

The six now on trial are the first of over 200 arrested on Inauguration day who have all been charged with felonies.  Those charges include conspiracy to riot, engaging in a riot, inciting a riot, and multiple property damage charges, and come with a maximum ten-year prison sentence for each count.  Some have already pleaded guilty to lesser charges and some have had the charges dropped.  But nearly 200 people still face felony convictions, and possible 60-year sentences, if found guilty.

The prosecution in this first trial has made it clear they don’t intend to prove that any of the six defendants personally caused any property damage or injury, but rather that all who face charges are guilty because they are all collectively responsible for the actions of a few.  US Attorney Jennifer Kerkhoff said in her opening statement, “though there is no evidence the defendants caused any of the damage directly, the government considers the entire group of protesters to be responsible.”

 “The prosecution is pursuing a somewhat unusual strategy: Rather than trying to prove that any of individual defendant was personally guilty of destruction, prosecutors are arguing that all demonstrators present that day were aware and supportive of the violent intentions of the others.

Assistant U.S. Attorney Jennifer Kerkhoff, in her comments, has repeatedly referred to the ‘black bloc tactics’ of the protesters as part of a message that everyone participating in the protest came with either the intention to commit violence or the knowledge that violence was part of the plan.”

Ashraf Khalil, Associated Press November 21, 2017

The government is arguing that all of the defendants conspired to cause the violence and rioting, regardless of whether they participated in any advance planning.  They argue that the defendants intended for the property destruction and violence to occur even if they didn’t cause damage themselves.  They argue that by continuing to move together down the street as some in their midst engaged in criminal behavior, everyone arrested became responsible for the resulting damage.

This idea of collective liability is what makes this trial so important, and all Americans should be paying attention.  The mere act of charging so many, with the possibility of such severe punishment, threatens to stifle legitimate protest and first amendment activity.  If exercising one’s right to peacefully protest comes with the risk of felony charges for the criminal behavior of others, many will opt to stay home.  If these six are convicted, it sets a very dangerous precedent.

Kris Hermes, an organizer of a support group for the defendants called Defend J20, is quoted in the Washington Post as saying, “what the government is saying to us is, dissent is not an acceptable form of expression in this country, and if you choose to go out on the street and express yourself, then you risk being arrested and seriously prosecuted.”

Eoin Higgins wrote in an October 25, 2017 article for the Intercept, “by charging everyone together with conspiracy counts, the government seems intent on making an example of the J20 protesters.”  He also writes, “that the government’s case does not differentiate between actors and bystanders could be an indication of future clampdowns on protest.”

There are other very important aspects of this case, such as the tactics used during the arrests, the arrests of journalists covering the protests, the methods of evidence gathering employed in the months after the arrests, etc.  But the very fact that these defendants face these charges when there is no evidence they personally caused any damage should have us all very concerned.  Any threat to an individual’s first amendment right is a threat to all of our first amendment rights.

Image courtesy of pixabay.com

Ammon Bundy released from prison, Cliven Bundy refuses release, and Ryan Payne granted release pending approval from Oregon judge

In what seems a sudden and surprising reversal of her prior denial of release for the Bundys and Ryan Payne as their trial proceeds in Nevada, Judge Gloria Navarro has granted release from prison for Cliven and Ammon Bundy, and Ryan Payne.  She had previously reversed her decision to deny Ryan Bundy release, allowing him to move to a halfway house on November 13, 2017.

This decision to release the defendants came after a sealed hearing, details of which are still not publicly available.

Ammon Bundy walked out of the courthouse early Thursday with his family to be greeted by a crowd of supporters and the press.

Cliven Bundy has refused the conditions of release, opting to remain in prison.  His attorney, Brett Whipple, stated, “to be released, he would have to agree to conditions.  In his opinion, he’s not willing to take a deal with the government when he hasn’t done anything wrong to begin with…. He’s very principled and he doesn’t want to violate those principals and I respect that.”

Ryan Payne was also granted release, pending approval from Judge Anna Brown in Oregon federal court.  Payne still faces sentencing in Oregon for his role in the 2016 Malheur Wildlife refuge occupation.  A hearing is scheduled for 3:00pm today (Friday) in the Portland federal courthouse.

The trial in Nevada is expected to resume December 11, 2017.

Update, 12/2/2017:  Ryan Payne was released Friday, 12/1/2017.  It looks as though there will be a release hearing for Dave and Mel Bundy, Joseph O’Shaughnessy, and Jason Woods on Monday.  Here are the conditions for release.