Project Types: Bundy Ranch

Defendants Promptly Oppose Government MotionGovernment misconduct is of paramount relevance…Attorneys for Tier 3 defendants wasted little time responding to the Government’s motion to suppress evidence. Todd Leventhal, counsel for Scott Drexler, and also on behalf of Eric Parker and Steven Stewart, filed a blistering rebuke of the Government’s attempt to persuade the Court to suppress certain relevant evidence. The defendants promptly oppose government motion and assert that they will nevertheless abide by Federal Rules of Evidence.The Government abjectly fails to make a plausible case…Leventhal points out that the Government’s request is far too vague for serious consideration. At no point does […]

Government Fears Jury Nullification in Bundy Ranch TrialMotions to shield relevant evidence of Government culpability from jury…The US Attorneys motion the Court to preclude key evidence in the first Bundy Ranch trial. The sixteen (16) page filing seeks to block the introduction of certain evidence because it would act in favor of defendants. Subsequently, three full pages delineate a convoluted argument against any evidence that could introduce the possibility of jury nullification, referring to it as “a violation of a juror’s oath to apply the law as instructed by the court.” (Citing Merced v. McGrath, 2004). In short, the Government fears jury […]

 Summary Evidence Shows Lawfully Armed ProtestersDocument shows anyone photographed with a weapon…The Government’s absurd narrative surrounding the Bundy Ranch Protest just went to the next level. Lawfully armed protesters are now items of evidence in the case. Sixty eight (70) unnamed citizens, along with forty three (43) others identified by name appear in the document (ECF No. 1317). The purpose of the document appears to be a mechanism to bolster the embellished claims of a “massive armed assault”.Most of the seventy (70) citizens have the label (“UNSUB”), or unknown subject. In addition, two have the label (“FNU LNU”), or first name unknown, last name […]

Parker and Stewart Motion to Block Summary EvidenceLawyers contend that a summary would validate disputed testimony…Parker and Stewart move to block summary evidence with a Motion in Limine. The Government would like to present spreadsheet summaries of the testimony of FBI Special Agent Chad Simkins. Attorneys for Parker and Stewart argue that this is against criminal procedure rules because a jury would probably view duplicate evidence as reinforcing the validity of the Agent’s testimony. The Government’s summary, along with the Agent’s testimony, would fall well outside of the acceptable use of a summary. Therefore, defendants would be subject to a potentially prejudicial volume […]

Payne Files Objection Regarding Leen’s RecommendationDefends 924(c) dismiss motion…Ryan Payne’s public defenders filed a lengthy objection to Magistrate Judge Peggy A. Leen’s Report and Recommendation (ECF No. 1218). Her report suggests that the Court should allow counts 3, 6, 9, and 15 stand on the superseding indictment for trial. These “stacked” or “enhancement” counts of 18 USC § 924(c), also known as “use and carry of a firearm in relation to a crime of violence”, carry near draconian statutory minimum sentence guidelines that would effectively incarcerate each defendant for life. Recent court decisions led to the scenario where Payne files objection regarding Leen’s recommendation.In […]

Government Concerned About Juror Safety Near Tuquop Wash Terrain and potential presence of media and Bundy supporters cited as concerns… The Government filed a response to Eric Parker’s motion (ECF No. 1194) to allow the jury to view the Tuquop Wash. While the response doesn’t overtly oppose the motion, it does raise concerns about the safety of jurors. The Government cites rough terrain and the likely presence of media, as well as Bundy supporters, as cause for concern. Construct A Road? The Government asserts that construction of a road might be the only viable solution to get jurors into the wash. The BLM […]

Drexler Again Denied Bill of ParticularsSpecifics of allegations buried in 1.4TB of digital data…Magistrate Judge Peggy A. Leen again denied a motion from O. Scott Drexler that would require the Government to produce a Bill of Particulars. This record contains a more exhaustive list describing specific, overt actions by a defendant which result in the basis for a criminal indictment. As it stands now, Drexler (along with Parker, Stewart, and Engel) are under indictment with more than a dozen other defendants. Many of these defendants, though charged with the same crime(s), have fundamentally different avenues for defense. A Bill of […]

Ryan Bundy Detention Hearing reopened; Set January 24, 2017 at 1:30 p.m. in Las Vegas Courtroom 3A.

Stewart and Parker Motion for Attorney Conducted Voir DireA simple questionnaire will not sufficiently reveal a lack of objectivity…On Monday, 09 January 2017, Steven Stewart and Eric Parker motioned to allow “Attorney Conducted Voir Dire” which is a process where their attorneys will take time to verbally ask questions of potential jurors. The matter is entirely at the discretion of the court; there is no statutory requirement that binds judges to a decision either way. Stewart and Parker argue that due to the highly politicized nature of the incident at Bundy Ranch in 2014, it is unlikely that a simple […]