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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNevada judge dismisses case against Cliven Bundy and sons, says government cannot retry them
LBN thread: U.S. judge in Nevada dismisses charges against rancher Cliven Bundy and his 2 sons
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Source: Los Angeles Times
By David Montero
JANUARY 8, 2018, 10:20 AM | REPORTING FROM LAS VEGAS
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 wasnt 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.
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Read more: http://www.latimes.com/nation/la-na-bundy-mistrial-2018-story.html
Keefer
(713 posts)"But she gave the government a chance to submit written documents opposing dismissal of all charges."
http://www.chicagotribune.com/news/nationworld/ct-cliven-bund-charges-20180108-story.html
gratuitous
(82,849 posts)Note carefully, though, that the reason for the mistrial ruling was that federal prosecutors willfully withheld evidence. That's bone-simple criminal discovery practice: The government has to share everything it finds with the defense, whether the prosecution uses it or not.
The government can appeal the ruling and possibly revive the prosecution, but they'll have to clear that hurdle.
samnsara
(17,665 posts)liberalhistorian
(20,822 posts)The outlaw Bundys can illegally graze on federal land for years, take over and trash/damage federal property, shoot guns at federal agents, and get off completely free with no consequences. And yet Native Americans and their allies, trying to protect their own land from a poisonous pipeline built by a private company, a pipeline that will inevitably leak and thus permanently damage their water and land, have law enforcement and private security harassing and shooting at them, siccing dogs on them and their children, shooting tear gas and mace at them, hauling them up in court on trumped-up charges from racist, overzealous prosecutors who also tried to shut down and charge national journalists. What the fuck is wrong with this picture?
jberryhill
(62,444 posts)Anyone accused of a criminal charge has the right to demand that the prosecution abide by professional norms and rules.
The prosecutor broke those rules.
Jake Stern
(3,145 posts)You're okay with a prosecutor willfully withholding evidence and then playing dumb about it?
liberalhistorian
(20,822 posts)I'm disgusted at the prosecutorial actions here, especially since there was more than enough evidence to convict Bundy without engaging in such shenanigans.
But where is the condemnation of the gross misconduct of the prosecutors and judges and law enforcement in the case of Native American No DAPL protestors, who, unlike the damned Bundy's, did nothing wrong and had every right to try to keep the pipeline off of their land?
jberryhill
(62,444 posts)This has utterly nothing to do with that.