Bundy Ranch Prosecutors Appeal For Retrial After They Violated Federal Law
http://fo.freedomoutpost.com/ga/click/2-19331957-5-269270-556884-3818166-efc87086e0-83d28792e8 Yep, Brady violator and US Attorney Steven Myhre, who has prosecuted several Bundy trials and retrials yielding virtually nothing, has decided to appeal to Judge Gloria Navarro to for retrial of the defendants even though he violated their constitutional rights by not disclosing exculpatory evidence in the trial.
Navarro declared a mistrial just prior to Christmas because she found the prosecution to have engaged in multiple Brady violations, of which prosecutor Myhre has a history of engaging in.
Myhre appealed to Navarro in a 55-page legal brief to retry Cliven, Ryan and Ammon Bundy and Ryan Payne and said that his failure to provide evidence to the defense in the previous trial was simply "inadvertent'' or because they reasonably believed the law didn't require them to share the material.
"The Brady violations found by the court are regrettable and benefit no one,'' Myhre wrote in his brief. "But because the government neither flagrantly violated nor recklessly disregarded its obligations, the appropriate remedy for such violations is a new trial.''
No, they knew the law required them to share the material, and a Bureau of Land Management whistleblower who was the lead investigator in the Bundy matter and asked to be removed from that position by Steven Myhre said as much.
Furthermore, by writing the way he did, Myhre is not denying that he violated the law, he's just using the Hillary Clinton argument that he didn't mean to violate the law. That's clearly debatable, but the fact is that he and his team did violate the law on several occasions.
Also, those violations withheld hard evidence of the defense's claim regarding the tyranny the Bundys were subjected to, so his argument that the evidence "benefits no one" is absurd.
According to Judge Navarro, the exculpatory evidence that was not turned over to defense teams were favorable to them and was "willful."
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.
So, by not turning them over, it benefitted Myhre and company and not the Bundys.
Oregon Live reports:
The prosecutors claim they couldn't simply turn over all the material, citing "harassment and threats'' made to witnesses, victims and officers in the case who would be in jeopardy if personal information got out, especially on social media.
They also cited the massive volume of documents, videos and emails from two federal agencies and Las Vegas and Nevada law enforcement agencies that they needed to cull, and the constraints of the U.S. attorney's "low-tech'' database.
The 1.5 terabytes of information shared with defense was "by far the largest review and disclosure operation'' in the history of the Nevada's U.S. Attorney's Office, Myhre wrote.
Prosecutors argued that the six Brady violations found by the judge encompass "one small portion of the discovery'' and that the defendants can proceed with a new trial and "all the information they're entitled to."
Again, it doesn't matter if it's a big step across the line of the law or a small one, Mhyre and his team violated the law and the rights of the defendants. That remains undisputed, even in his legal brief. He's actually admitting they broke the law.
Why hasn't someone arrested this man?
"The government takes its discovery obligations seriously,'' Myhre wrote. "The government seeks justice on the merits of a case, not through dodging discovery rules and technicalities, or by obscuring violations if and when they may occur.''
No, the government takes seriously its attempts at railroading good American citizens who are the backbone of America and whose families have ranched that land for 150 years, long before the BLM existed.
This is evident in the following things that Steven Myhre presented to the court to quell the defense's ability to defend themselves and used anything and everything they could get their hands on to make the defendants look as bad as possible. Heres' a few examples:
Hypocritical Prosecutors In Bundy Ranch Trial Seek To Ignore Court's Order
Corruption Continues in Upcoming Bundy Ranch Trial As Prosecution Asks Judge To Not Allow Defendants to Defend Themselves
Upcoming Bundy Ranch Trial: Prosecution Files First Documents and They're Gonna Be Using Facebook & YouTube
Bundy Ranch Prosecutors Exposed For Withholding Info & It's All about Protecting BLM Thug Daniel P. Love
Govt to Use Evidence Against Bundy Ranch Defendants that has Nothing to do with Bundy Ranch
Judge in Bundy Ranch Case Wants Defendants In Chains For Trial - Attorneys Challenge Rights Infringement
Feds Plan to Use Participation in III% Militia and Oath Keepers as Evidence of Conspiracy in Bundy Ranch Retrial
Government Hid Fact That FBI Witness at Bundy Ranch Trial Ended Up in Jail for Impersonating a Journalist/Private Investigator
Feds Claim they could Hold Bundy Ranch Defendants 5 Years & not violate 6th Amendment's Protections for Speedy Trial
Here's What The Prosecutors in the Bundy Ranch Case Didn't Want the Court To See Or Hear (Video & Pictures)
Did Prosecutors Hide IG Report on BLM Lead Agent's Misconduct in Bundy Ranch Case?
There's more, but those are good examples of what the prosecution has been doing in these trials......
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