After sealed hearings took place in Nevada in the Bundy Ranch standoff trials, Judge Gloria Navarro declared a mistrial due to multiple Brady violations by the prosecution, but will this mean there won’t be a retrial? Probably not.
Navarro blasted the prosecution for their lawless behavior in not turning over several exculpatory items to defense teams that were favorable to them.
Among those items were the cameras that were set up prior to the impoundment in 2014 in Bunkerville, Threat Assessment reports, names of potential witnesses, and reports from the Office of the Inspector General (OIG) reprimanding the BLM for not enforcing the court orders for years.
In all, there were at least seven Brady violations.
These violations are constitutional violations of the Fifth Amendment and Due Process.
Again, I ask, why are no charges being levied against Steven Myhre, his team of attorneys and the BLM in all of this? They have been determined by a judge to be in violation of the law!
The prosecution didn’t act negligently nor did they violate the law unwillingly, but willingly.
Shari Dovale has more:
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.
Several motions were made after mistrial was declared.
Ryan Bundy asked that the terms of the release of the defendants be changed so that they might be able to go home for the holidays to be with their families and the Las Vegas Review-Journal requested the unsealing of the evidence.
Additionally, the defense asked the Greg Burleson and Todd Engel be released, and it is expected that they will ask for their convictions to be overturned due to the suppression of evidence in their trial.
Posted by Wendy Kay on Wednesday, December 20, 2017
All of these were considered by Judge Navarro and concerning the release of the defendants, she said that she would need to deal with pretrial services before ruling on that.
As to the request for unsealing the evidence, that would be answered on January 18th, 2018, almost two years since the Bundys were arrested on January 26, 2016.
The issue concerning Engel and Burleson will also have to wait until a later date.
One thing should be done here and that is to simply release all of these men. Judge Navarro has to know the level of corruption that is clearly on display from Myhre’s office and the BLM.
The only just thing to do would be to release these men and not allow them to face trial again. The US government has done enough damage to these men and their families.
Additionally, Steven Myhre and every person involved in suppressing the evidence should be arrested and charged. If found guilty, they should not only be disbarred or removed from public service, but they should also face the same penalties that they sought for each and every defendant. In other words, these people would never see the light of freedom again if convicted.