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Eugene

(61,974 posts)
Mon Jan 8, 2018, 06:40 PM Jan 2018

Nevada 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

______________________________________________________________________

Source: Los Angeles Times

Nevada judge dismisses case against Cliven Bundy and sons, says government cannot retry them

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 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.

-snip-


Read more: http://www.latimes.com/nation/la-na-bundy-mistrial-2018-story.html
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Nevada judge dismisses case against Cliven Bundy and sons, says government cannot retry them (Original Post) Eugene Jan 2018 OP
Not according to this article: Keefer Jan 2018 #1
If the dismissal stands, the government can't retry the Bundys gratuitous Jan 2018 #2
they will mess up again..they always do.. samnsara Jan 2018 #3
So let me see if I can get this straight. liberalhistorian Jan 2018 #4
No, you do not have this straight jberryhill Jan 2018 #5
So let me see if I get this straight Jake Stern Jan 2018 #6
No, not at all. liberalhistorian Jan 2018 #7
It is probably in a thread about that topic jberryhill Jan 2018 #8

gratuitous

(82,849 posts)
2. If the dismissal stands, the government can't retry the Bundys
Mon Jan 8, 2018, 07:01 PM
Jan 2018

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.

liberalhistorian

(20,822 posts)
4. So let me see if I can get this straight.
Mon Jan 8, 2018, 09:27 PM
Jan 2018

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)
5. No, you do not have this straight
Mon Jan 8, 2018, 09:38 PM
Jan 2018

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)
6. So let me see if I get this straight
Mon Jan 8, 2018, 11:14 PM
Jan 2018

You're okay with a prosecutor willfully withholding evidence and then playing dumb about it?

liberalhistorian

(20,822 posts)
7. No, not at all.
Mon Jan 8, 2018, 11:38 PM
Jan 2018

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?

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