DEFENDANT RYAN PAYNE’S EMERGENCY MOTION TO DISMISS AND ALTERNATIVE REQUEST FOR IMMEDIATE RELEASE OF GRAND JURY TRANSCRIPTS AND BRADY MATERIALS (Expedited hearing and treatment requested)
STEVEN STEWART DEFENDANT’S MOTION TO DISMISSDefendants Request Case DismissalSAC Daniel P. Love’s Ethics Violations Not Properly DisclosedSteven Stewart motioned for the dismissal of the entire case against Tier 3 Defendants. The Government has the responsibility to disseminate certain information to defendants if it will help their case. Love was the subject of an ethics inquirydetailing two events occurring in 2015. The Department of Interior’s Office of the Inspector General (OIG) found that Love’s behavior in both incidents was in serious violation of Department policies. Due to these violations and Love’s role in Bundy Ranch, the incidents described by the OIG’s report fall […]
MOTION IN LIMINE TO EXCLUDELONGBOW EVIDENCE FROM TRIALOF CLIVEN D. BUNDY
2:16-CR-00046-GMN-PAL VERDICT FORM
Count Three DismissedDistrict of Nevada rules against 924(c)’s Residual Clause…Chief Judge Gloria Navarro dismissed Count Three of the Superseding Indictment. Her decision overruled Magistrate Judge Peggy Leen’s recommendation that the charge stay on the indictment. Count Three, known as a 924(c) “enhancement”, provides additional stiff penalties for defendants who use or carry a firearm in furtherance of a crime of violence. The underlying charge, Count Two, (Conspiracy to Impede or Injure a Federal Officer 18 USC § 372), falls into an evolving legal standard regarding “crimes of violence”. The portion of § 924(c) that applies to § 372 is void for vagueness due to recent Supreme Court […]
Court Protects Jurors Identities Because of Defendant’s SupportersChief Judge Gloria Navarro issued a ruling today effectively putting the jury in the upcoming Tier 3 trial under the same protective order as all of the discovery evidence. The order comes as no surprise since the case historically garners much media attention. However, it wasn’t the act of putting juror identities under protective order that gave rise to notice; it was the reason for the order that stands out as peculiar.Vocal supporters…From the ruling…The Court also notes there have been several occasions during the pendency of this case when (1) pro-Defendant demonstrators have […]
Defendants Seek Undercover Agent’s IdentityFile opposition to Government’s motion to seal…The Government filed a motion (ECF No. 1440) on January 27th, 2017 requesting a protective order on the identity of an undercover employee (UCE). The Government wishes to call the witness to testify, but expresses concern that revealing the identity of the UCE could jeopardize other ongoing investigations. The UCE’s investigation apparently led to the arrest of the defendants in Tier 3. Further, the Government asked the court to preclude any cross-examination that might shed light on the UCE’s identity. The defendants seek undercover agent’s identity in order to investigate […]
2:16-CR-00046-GMN-PAL GOVERNMENT’S MOTION FOR PROTECTIVE ORDER REGARDING UNDERCOVER EMPLOYEE
Untimely Discovery Evidence Draws Defendants ObjectionsStewart, Drexler, and Parker challenge Government’s last minute submission.On January 25th, 2017, less than two weeks before trial, the Government submitted an extra 5+ gigabytes of discovery evidence. Appropriately, Stewart, Parker, and Drexler motioned to preclude this evidence for trial for several reasons. First, Federal Rules of Criminal Procedure (FRCP) mandate timely dissemination of discovery evidence. Second, the Government routinely vocalizes opposition to any motion made by defendants if it does not follow strict rules of timeliness. It follows that untimely discovery evidence draws defendants objections.Deadlines set in April, 2016On April 26th, 2017 Magistrate Judge Peggy […]
Government’s Exhibit ListSocial Media: The Government’s FriendThe US Attorney’s filed the Government’s Exhibit List (ECF No. 1423). While it comes as no surprise that Social Media is present in the list, the volume of evidence that is from social media platforms is staggering. Specifically, well over one third of the evidence in trial will come from Facebook and YouTube.In addition to Facebook posts and chats, as well as YouTube videos, the Government intends to submit email conversations as well as material obtained from or related to relatives of co-defendants. Most notably, the jury will see as evidence statements made by Carol […]