Mistrial Declared in Bunkerville Standoff Trial
by Shari Dovale
Judge Gloria Navarro declared a mistrial Wednesday in the trial for Cliven Bundy, two of his sons, Ammon and Ryan, and Montana resident Ryan Payne.
Navarro criticized the prosecution for several Brady violations stating the evidence was material and favorable to the defense.
Navarro went on to state that she found it to be favorable and exculpatory that surveillance cameras were directed at the Bundy home. This goes to the conspiracy and false information charges. Additionally, the evidence was provided untimely, which is another violation.
The court also found the suppression of the disclosure was willful. The government falsely represented that the view of the Bundy home was unintentional. This is huge. There could be, at minimum, sanctions coming for Acting US attorney Steven Myhre and other prosecutors.
Moving on to another item, Navarro referenced the snipers and that the indictment charges false representation, “But now we know there were snipers.”
She found that the information is favorable to the accused and bolsters the defense.. “The court does find prejudice toward the defendants. This information may have caused a difference in the opening statements, cross examination of witnesses and undermines the outcome,” she said.
The judge continued her rebuke of the government for about an hour. She included other evidence, such as the threat assessment report and a log of activities surrounding the impoundment.
All together, between 12/12/17 and 12/17/17, over 5,000 pages of new discovery and evidence has been revealed and there may still be outstanding discovery.
Ryan Bundy stood in the courtroom and asked, in light of the mistrial, to have all the defendants terms of release changed. He requested that they be released on their own recognizance and able to travel to their family homes for the upcoming holidays.
Judge Navarro did not rule on that request, citing the need to go through pretrial services first.
Additionally, they also asked about release for the two men that were convicted previously, Todd Engel and Greg Burleson. Based on the new evidence that they had not seen during their trial, it is anticipated they will ask for their convictions to be overturned, or a new trial granted. Navarro did not rule on that request.
A hearing is scheduled for January 8th, where the court will provide the order of mistrial with or without prejudice, and her answer to the Review-Journal’s request for unsealing evidence.
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Well put Terry : I had to look up the Nifong case, and yes, Myhre and Co are in the same mold. It is generally known that this kind of concienceless prosecution is standard nowadays. Surely, no such gigantic debacle and boondoggle like this Bundy case has been seen in modern times – although our trial in Portland did have it’s moments. For those of us who have observed these Vegas trials, Navarro’s behavior yesterday signified no less than a volte-face. In the beginning, She was manifestly on the Federal team, barely tolerating any defense and very protective of the Federal narrative. We have arrived now, however, to where Federal reputations and careers are at stake and Navarro is not about to go down with the ship. As this crock of a case has progressively disintegrated, we’ve seen Navarro start to distance herself from the prosecutors, and she washed her hands of them yesterday. More than simply protecting herself, she has set up the fall guy,the scapegoat – Myhre. A previous Redoubt News article “The Govt on trial” was prescient..it’s now every man for himself at the Federal Castle.
Gloria needs to learn a bit about baseball, three strikes and your out!
She also should have not declared another mistrial, but full exoneration for all involved even those that took plea deals.
She also should have informed all prosecutors of this case to have their resignation letters on both her desk and their supervisors desks by a given time within 24 hours. Or face prosecution and trials of their own.
It’s high time that our employees use tools to put us in prison to face the same if they misbehave! Yes there is good and bad in that, but pulling a Nifong on defendants should have REAL consequences, not just one day in jail. Nifong should still be in jail for what he intentionally did to three young boys when he well that Precious was nothing but a lying for hire bitch.
Hey all that matters here in this case is that the BLM/FBI lied and manufactured a case against the Bundys. Same as they did the hammonds!
The real importance of this so called case is indeed rather complicated, to simplify, the govt, your employees, conspired and forced some actions that would cause/draw citizens into a confrontation so they could just kill the last rancher they viewed in the way! Of what? Good question.
Who did they kill ? a well spoken man that loved his family and built his own ranch again by a family over a hundred years. Fed his cattle, horses chased one another, and life was fine. But he followed closely the constant encroachment of lands and grazing by federal agencies.
Ther govt knew from his first address on camera that he passed real true information across the lense to the airwaves. that could not endure, most of the rest of the bunch were really JUST farmers and ranchers. But LaVoy was a real threat to their agencies! If this man kept getting an audience challenges would be forth coming. They had to kill him, did and managed to blame it on OSP! No this was and FBI assassination!
This slate needs to be cleaned out and off totally.
Trump has been patient. He is watching as well, his two sons even more so. I;ve been jumping on somebody with the same name if relations exist, no word, but if the did to step on her to maybe read the constitution before you open your mouth!
point being being is, we don’t need folks like this involved in our so called justice system, at all.
If I understand correctly if the Judge orders dismissal with Prejudice .. they can seal all of the Discovery ..At this point my guess is the Government will try to hide their own corruption by sealing all the Records..
I believe Navarro already knew all of this information. Hence her insistence on a closed door meeting with all prosecutorial big wigs, no defense attorneys nor any common citizens allowed to be present during those proceedings. THANK GOD FOR THE WHISTLE BLOWER!!!! If he hadn’t come forward and made so much information public, I seriously doubt Navarro would have backed down. For almost 2 years she has been in the prosecution’s pocket, aiding and abetting their railroading of these American citizens. She wouldn’t allow any type of defense based upon anything in our country’s Constitution. While she’s pointing her finger at everyone else, she needs to be reminded that there are 4 more fingers pointing back at her. She is not without guilt in this situation, herself.
Not unexpected in light of a snowballing mass of Prosecutorial misconduct, Navarro’s declaration of mistrial was preceded by a categorical recitation of Myhre’s defalcations. A sadist could not have devised a more measured and drawn out series of lashes, each one landing squarely on a helpless victim – AUSA Myhre. A particularly deep cut was her finding of Myhre’s willful hiding of evidence, a major breach of ethics,and of due process. I’m sure that many of us supporters would admit to a gleeful savor, witnessing this unprincipled fraudster’s torment. Withal, Navarro laid the entire responsibilty for this gigantic boondoggle at Myhre’s feet. Sunlight is the best disinfectant. As things stand after this mistrial, the US Attorney here will have to decide : Start from scratch again and mount a new trial ? Advise a dismissal ? As we have seen, this proceeding has only brought to light an endless train of Federal abuse, and it is reasonable to expect more revelations in any new trial. Reality is crashing down on the Federal Culture,and if they should be lucky enough to have a moment of Clarity, they may see that disgression is the better part of Valor – Dismissal !