Judge Gloria Navarro Comes To Her Senses
And Dismisses Case Against The Bundy's
January 8, 2018
A federal judge ruled Monday that the federal government may not retry Cliven Bundy and his sons after rebuking prosecutors for withholding evidence during their felony trial stemming from an armed standoff four years ago.
U.S. District Court Judge Gloria Navarro declared a mistrial in the case last month, saying federal prosecutors willfully withheld evidence that lawyers for the Bundys and alleged co-conspirator Ryan Payne should have had access to while mounting their defense.
She said the attorneys were in violation of the Brady rule, which requires prosecutors to disclose evidence that could be favorable to a defendant, and told them it wasn’t possible to proceed with the case.
On Monday, she dismissed the case “with prejudice,” meaning the government cannot retry the defendants. "The court finds that the universal sense of justice has been violated," Navarro said.
It was yet another defeat for the federal government at the hands of the Bundy family, who have managed to elude prosecution in high-profile trials centered around standoffs with law enforcement over access to public land.
Twice this year, Las Vegas juries acquitted or deadlocked on felony charges against Bundy supporters. Ammon Bundy, 42, and Ryan Bundy, 44, both beat federal felony charges in a case stemming from a 41-day standoff at an Oregon wildlife preserve two years ago.
In the most recent case, the prosecutors alleged Bundy and his sons riled up supporters after the federal government came to remove grazing cattle from U.S. Bureau of Land Management property outside Bunkerville, Nev., in 2014. The government said the Bundys’ incendiary language and actions led to the armed standoff outside the family’s ranch about an hour north of Las Vegas.
The four defendants were charged with threatening a federal officer, carrying and using a firearm and engaging in conspiracy -- felony counts that could send them to prison for decades.
Despite the mistrial, federal prosecutors argued in a legal brief filed Dec. 29 that they didn’t willfully withhold evidence from the defense and they still planned to press ahead with another trial.
Assistant U.S. Atty. Steven Myhre wrote in his brief that the government shared 1.5 terabytes of information and noted it was “by far, the largest review and disclosure operation in this [U.S. attorney’s office] history.”
Myrhe also argued the government needed to protect some witnesses from leaks that might lead to threats, so it “culled the database with witness protection in mind.”
“Unprecedented database volume and witness concerns aside, the government never let these obstacles stand in the way of diligently working to fulfill its discovery obligations,” he wrote.
But defense lawyers for Payne — Renee Valadares, Brenda Weksler and Ryan Norwood — argued in their Dec. 29 briefing seeking to dismiss the case that government “failed to accept responsibility for any of its failure to disclose evidence” and the withholding of evidence was “flagrant prosecutorial misconduct.”
“The government’s irresponsible and, at times, false proffers to this Court as well as its dismissiveness toward the defense inspires no confidence in the prospect of fairness,” they wrote. “A dismissal is necessary to remedy the constitutional violations, to preserve the integrity of this court’s processes, and to deter future misconduct. Anything short of a dismissal is tantamount to condoning the government’s behavior in this case.”
The case has fueled anger and mistrust among groups that view the federal government as overzealous and overreaching in using its power and authority to squash free speech and states’ rights.
Several times during the Trial of the Tier 1 Defendants I wondered, "Who are you? And, what have you done with Judge Navarro"? As she sometimes sided on the side of reality and the constitution. It is my opinion that, in this incident, Steve Myhre's replacement for Nevada DOJ, Dayle Elieson, furnished Judge Navarro a copy of the statement she made in conjunction with this case being dismissed, and with no uncertain terms, told her to do it. Although it was Judge Gloria Navarro that read it, I don't think she prepared it, and I suspect AG Jeff Sessions Office was instrumental in "bringing Navarro to her senses" so to speak.
UPDATE -
February 7, 2018
Nevada DOJ Filed two motions in District Of Nevada Federal Court today asking Judge Gloria Navarro to dismiss the case against the remaining defendants in Tier #2,
who have yet to go to trial, which includes Mel Bundy, Davey Bundy,
Jason Woods and Joseph O'Shaughnessy. Dayle Eleison, Stephen Myhre,
Daniel Schiess and Nadia Ahmed are seeking a Dismissal With Prejudice
ruling from Judge Navarro. It is expected that Judge Navarro will
accommodate the request, which means all charges are dropped and the DOJ
cannot come back at the men for prosecution, UNLESS you are a Defendant from Tier #1,
in which Judge Navarro ruled to dismiss that case WITH PREJUDICE a
month earlier. Demonstrating that no matter the ruling according to
procedure and presidence if the government wants a "do over" it's going
to ignore the ruling and proceed as if everything outlined in Judge Navarros used words like "flagrant" and "reckless" in her ruling sighting
Prosecutorial
and FBI Misconduct and willfully withholding evidence, known as Brady
Violation. This included footage from surveillance cameras the
government had set up around the Bundy's property, Bureau Of Land
Management snipers or marksmen, FBI TLC logs and maps, 5 FBI threat
assessment reports done on the Bundy Family and the IOG Report among
others. Judge Navarro told the court that the Prosecution violated Due
Process which began the eve of the trial. Judge Navarro spoke of the
Discovery that the Defense became aware of and was required to release
to the Defense by October 10th. Judge Navarro told the court that over
3300 additional pages of Discovery have been turned over to the Defense
since trial began, which the Defense has not been able to review, just
to name a few! Navarro stated, "the Prosecution has shown a reckless
disregard of Constitutional obligations". But, it's a new day as far as
the Nevada DOJ is concerned! The fact is Myhre is still sulking and
steaming after emerging red-faced and shaking from previous court
sessions and after Jeff Sessions demoted him and replaced him with a
woman! Myhre is determined to "get blood out of a turnip" and won't
rest until he has a second chance at trying to shut the defendants up,
as was his goal in the previous trials. Myhre is determined to "beat
his rap" as a failed and corrupt Prosecutor for Nevada, as there has
been no action against him as the Ninth Circuit Court recommended that
"the strongest sanctions available" be applied as Myhre as he exhibited "prosecutorial misconduct in it's highest form".
Watch a Documentary by David Michael Lynch about Bundy Ranch here.
Links-
http://www.latimes.com/nation/la-na-bundy-mistrial-2018-story.html
http://agenda21truth.blogspot.com/p/oregon-standup-trial-coverage.html
https://www.justice.gov/usao-nv/pr/attorney-general-jeff-sessions-appoints-dayle-elieson-interim-united-states-attorney
https://redoubtnews.com/2018/02/dismissal-charges-bunkerville-defendants/
http://www.latimes.com/nation/la-na-bundy-mistrial-2018-story.html
https://redoubtnews.com/2018/01/steven-myhre-job/
https://itmattershowyoustand.com/portfolio/case-216-cr-00046-gmn-pal-document-3178-filed-02-07-18-page-1-4/
https://itmattershowyoustand.com/portfolio/case-216-cr-00046-gmn-pal-document-3175-filed-02-07-18-page-1-29/
https://www.bitchute.com/video/vwvOXvzMGdPn/
https://www.bitchute.com/video/h5D5LVZp33TS/
