Judge Denies Oregon Standoff Defendant Ryan Payne’s Motion To Withdraw Guilty Plea

The Oregonian : 12-28-16. Calling it a classic example of "buyer's remorse,'' a federal judge Wednesday denied Oregon standoff defendant Ryan Payne's motion to withdraw his guilty plea to a conspiracy charge stemming from the armed takeover of the Malheur National Wildlife Refuge.

U.S. District Judge Anna J. Brown, in a 32-page ruling, found that Payne's guilty plea in the Oregon refuge occupation case was not contingent on a plea agreement reached in his federal prosecution in Nevada, as his defense lawyer had argued.

"Although Payne apparently desired to enter into agreements that would resolve both this case and the case against him in the District of Nevada, the plea agreement and guilty plea in this case were, as noted, explicitly independent of any contemplated or anticipated agreement in the District of Nevada,'' Brown wrote, citing statements by a prosecutor made during Payne's plea hearing before her in July.

Payne entered the plea in the Oregon case in July based on a global offer pending in the Nevada case, his lawyer wrote in his motion. When an agreement in the Nevada case wasn't reached, Payne, 33, asked to withdraw the plea and seek a jury trial in Oregon, his assistant federal public defender, Rich Federico, wrote.

Payne, one of the 26 people indicted on a conspiracy charge in the seizure of the eastern Oregon wildlife refuge, sought to withdraw his guilty plea two weeks before a federal jury acquitted Ammon Bundy and six co-defendants of the Malheur conspiracy and weapons charges.

Payne is also among 19 people indicted on conspiracy, extortion and weapons charges in the 2014 standoff with federal agents over cattle grazing rights outside Cliven Bundy's ranch near Bunkerville, Nevada.

Federico had argued that the court should grant Payne's request because of Payne's equivocal statements when he entered his guilty plea, evidence in the Bundy trial that bolstered Payne's argument that the occupiers' intent was nonviolent and new information about confidential informants that came out during the Bundy trial.

Brown dismissed each of the arguments.

She pointed out that Payne conceded that the government provided him with redacted reports on the 15 government informants on July 1, more than two weeks before Payne pleaded guilty.

"Moreover, the Court concludes Payne's personal involvement in all of the main events preceding and during the occupation of the MNWR consistently put him in a significantly superior position to the government in assessing what evidence existed to support the government's charge and its theory of the conspiracy case against Payne,'' the judge wrote.

Further, the judge noted that while it was clear Payne had "conflicting feelings'' about his decision to plead guilty in the refuge occupation case, it's not surprising considering Payne's relationships with Ammon Bundy and other occupiers, his leadership role and "the fact that his guilty plea would have been perceived by some as a betrayal of the causes that he sought to advance with Bundy and the other occupiers.''

Referring to a transcript of his plea hearing, Brown pointed out that Payne never contested the factual account provided by a prosecutor of his actions at the refuge, and stated he agreed that he occupied the refuge.

The record showed that he "thoroughly considered'' his plea petition, even requesting during the hearing that one word be altered - instead of pleading guilty to conspiring to impede federal workers through "force, intimidation and threats,'' he asked the phrase be changed to "force, intimidation or threats,'' the judge noted.

"Payne's factual statements supporting his guilty plea were both thorough and unequivocal,'' Brown wrote.

The judge also considered whether the subsequent Oct. 27 acquittal of Ammon Bundy and six co-defendants on the very same charges should allow Payne to withdraw his plea. She found to the contrary.

Payne was one of 11 defendants who entered guilty pleas before the case went to trial. When he made the plea, he knew he was giving up his right to a jury trial, the judge said.

"This is not a case in which there is a new question as to Payne's factual innocence after the trial of his Co-Defendants,'' Brown said. "Indeed, it remains undisputed that Payne was a leader of the occupation of the MNWR.''

Finally, the judge ruled that allowing Payne to withdraw his guilty plea would prejudice the government, as it would force prosecutors to hold a third trial sometime late next year. Seven other co-defendants are set for trial on Feb. 14 in Portland.

She also said Payne's absence from the Bundy trial may have hampered the government's case in trying to prove a conspiracy between Ammon Bundy and Payne existed, citing Juror 4's comments to The Oregonian/OregonLive.

In Oregon, prosecutors have argued that Payne made ultimatums to Harney County Sheriff Dave Ward in November, seeking to prevent local ranchers Dwight Hammond Jr. and son Steven Hammond from returning to federal prison on arson convictions. He also led tactical training during the occupation of the Malheur refuge, they said.

In Nevada, he's accused of organizing "armed protection'' in an April 2014 standoff over impounding Cliven Bundy's cattle near Bunkerville.

Under the plea agreement, federal prosecutors were to recommend a 12-year sentence, but Payne could have argued for seven years. It's unclear if that recommended sentence will remain, considering no plea agreement was reached in Nevada.

Brown has asked both sides to report back to her by Jan. 27 on a new proposed date for Payne's sentencing.

-- Maxine Bernstein

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