Monthly Archives: March 2017

Defense lawyers Wednesday vigorously challenged misdemeanor charges against four defendants accused in the takeover of the Malheur National Wildlife Refuge as the judge prodded a prosecutor to make his case against each by citing specific evidence and exhibits.

The defense argued that the federal regulation involving trespass at a national wildlife refuge is vague, that defendants never received formal notice they were trespassing and that no evidence exists that the four saw trespassing signs on the property.

Prosecutors urged jurors to use common sense and consider the “overwhelming circumstantial evidence” to find four defendants who occupied the Malheur National Wildlife Refuge last winter guilty of conspiring to prevent federal workers from doing their jobs through intimidation, threat or force.

“At its core, this case is about four defendants who went too far,” Assistant U.S. Attorney Ethan Knight said Tuesday.

He reminded the jury that no formal agreement is necessary to prove the conspiracy charge.

None of the four defendants in the second trial of Oregon refuge occupiers are gung-ho to take the witness stand – a big change from the first trial.

That decision has helped moved this trial along at a much faster clip. Closing arguments are tentatively set for Tuesday, the ninth day of trial, so the case could go to the jury early this week.

In the first case, four of the seven defendants took the stand to explain to jurors themselves why they went to the Malheur National Wildlife Refuge last winter.

What was the meaning of occupier Brand Thornton’s blowing of the shofar when he accompanied the first convoy of men who seized the Malheur National Wildlife Refuge on Jan. 2, 2016?

One prosecution witness said the sounding of the ram’s horn meant an “all clear” signal after protesters went building to building, armed with rifles, to check if anybody was on the federal property. Another prosecution witness called it a symbol of battle.

Prosecutors can play an excerpt from an Oregon Public Broadcasting interview with Ryan Bundy for jurors in the second Oregon standoff trial, but it won’t include reporter John Sepulvado’s commentary, a federal judge ruled Thursday.

U.S. District Judge Anna J. Brown made the decision over the strong objections of defense lawyers.

Montana resident Roxsanna Ryan, who home schooled her 12 children, said she wasn’t surprised when her middle child Jake Ryan, 28, chose to stay at the Malheur National Wildlife Refuge last winter when he accompanied his father and brothers on a drive from their home to deliver community-donated goods to the occupiers in Oregon.

She said the next time she heard from Jake Ryan was the night of Jan. 26, 2016, in a “goodbye” call, his voice shaking and in fear following the police fatal shooting of occupation spokesman Robert “LaVoy” Finicum.

Defense lawyers have urged a federal judge to issue an arrest warrant for William R. Kullman, a man they suspect was an FBI informant who played a role in security and defense training during the takeover of the Malheur National Wildlife Refuge.

Attorney Jesse Merrithew said Kullman, who lives in northern Washington, was served last month with a subpoena to testify in the second Oregon standoff trial but failed to show for court. The federal government also has indicated it won’t assist in compelling Kullman’s testimony, Merrithew noted in a court filing.