Judge Declares Mistrial In Bundy Case, Says Government Willfully Withheld Evidence

Tyler Durden's picture

In a shocking verdict, Judge Gloria Navarro dismissed jurors Wednesday, declaring a mistrial in the Bundy Ranch case saying U.S. prosecutors willfully withheld critical and “potentially exculpatory” evidence from the defense.

Seemingly confirming what Cliven Bundy’s son said during his opening statement:

“The indictment and grand jury testimony is full of lies. Truth has been blocked in previous trials.

 

Listen closely – we will try to get you the truth. The truth will set me free and I’m counting on you to help me see that.”

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As AZCentral.com reports, Navarro cited five key pieces of information that prosecutors did not disclose: records about surveillance and snipers at the Bundy Ranch; unredacted FBI logs about activity at the ranch in the days around the standoff; threat assessments about the Bundys dating to 2012; and internal affairs reports about the BLM.

Navarro methodically laid out her reasoning for about an hour, citing legal standards and case law, before delivering her ruling.

 

She said the evidence that was withheld could have been favorable to the accused and could have affected the outcome of the case.

 

Navarro stopped short of dismissing charges against the four men. It is unclear whether the case will be retried because Navarro did not rule whether the mistrial was with or without prejudice.

Navarro suspended the trial two weeks ago and warned of a potential mistrial after prosecutors for the first time disclosed several documents that appeared to support defense claims about the government’s use of video surveillance and sniper teams during the standoff.

Prosecutors have long maintained the FBI was not involved in the standoff and that no video surveillance or sniper teams were used. They charged defendants with making false claims about snipers and videos to incite militia in the runup to the standoff.

*  *  *

She has set another hearing for January and has tentatively scheduled a new trial to begin Feb. 26.

 

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24 Comments
MarineRabbit
MarineRabbit
December 20, 2017 2:07 pm

Don’t pop the champagne corks yet. The parties have until 12/29/17 to file briefs for/against retrial.

kokoda - AZEK (Deck Boards) doesn't stand behind its product
kokoda - AZEK (Deck Boards) doesn't stand behind its product
  MarineRabbit
December 20, 2017 2:14 pm

Do you have a brother that visits TBP?

MarineRabbit
MarineRabbit

Yes

Anonymous
Anonymous
  MarineRabbit
December 20, 2017 3:20 pm

A new trial is scheduled to begin Feb 26, 2018.

Fortunately Bundy is rich and has limitless funds to fight the government lawyers in that trial as well as this one that will be ending. The government simply can’t afford to keep fighting him at trial and will have to give in.

None Ya Biz
None Ya Biz
  Anonymous
December 20, 2017 8:02 pm

LOL! HA HA HA HA HA HA. Bundy can’t print FRNs the .gov can.

Are you insane?

Max1001
Max1001
  None Ya Biz
December 20, 2017 9:53 pm

Mr. Anony Mouse was making a sly joke. Maybe he was also making a suggestion.

Gator
Gator
  None Ya Biz
December 21, 2017 12:59 am

Pretty sure that was sarcasm. I love how the feds fuck up and get caught lying and withholding evidence, so they get a do over. The case isn’t tossed out, they get to turn over what they should have turned over in the first place, and try again. Any cynical person will suspect they aren’t going to be completely honest with this, only what they have already been caught lying about. But, if you lie, you get fined and jailed. All these people probably get to keep their jobs too.

Andrea Iravani
Andrea Iravani
December 20, 2017 6:35 pm

63% of Americans Oppose Moving Embassy From Tel Aviv to Jerusalem – Andrea Iravani

63% of Americans Oppose Moving Embassy From Tel Aviv to Jerusalem

overthecliff
overthecliff
  Andrea Iravani
December 20, 2017 8:55 pm

63% of Americans can’t find Israel on a map.

Boat Guy
Boat Guy
  overthecliff
December 21, 2017 8:04 am

63% of Americans are the reason our nation is in the fix it’s in now at nearly every level from education , industry . Our founding fathers went to war and threw down against the most powerful military in the world over what today amounts to a meager 1 to 3% tax . Now look at the piece of shit tax bill just passed waiting for Trump to sign . Merry Christmas America it’s gonna be fantastic , you will be so happy you won’t believe what I got for you in the New Year BOHICA America !

Boat Guy
Boat Guy
December 20, 2017 7:02 pm

Government employees attorneys intentionally withheld evidence . Well well , another reason prosecutors need to have their blanket immunity from prosecution lifted . Errors and omissions can happen thru human error however this is apparently not the case . The evidence was deliberately withheld to assure a prosecution victory , justice and truth be damned . This sheds a shadow of reasonable doubt on every case this prosecutor or prosecutors and their support Office ever handled . Dishonorable people have no business sitting in any form of judicial proceedings . Once their integrity has been breeches you cannot unring the Bell

overthecliff
overthecliff
December 20, 2017 8:55 pm

Judge Navarro for SCOTUS.

Boat Guy
Boat Guy
  overthecliff
December 21, 2017 8:18 am

Good choice he thinks duct taping and torturing a mentally challenged white kid by a couple of dindus black youts is a learning curve . If I have the judge and name / case connection correct ? In the Fabled words of Weezie Jefferson “ Negro Please “

MrLiberty
MrLiberty
December 20, 2017 9:54 pm

And isn’t withholding evidence a CRIME????

Boat Guy
Boat Guy
  MrLiberty
December 20, 2017 11:58 pm

Yes Mr Liberty for you and I unless we are declaring 5th amendment rights however prosecutors typically have immunity in there appointed duties but remember the Duke Lacrosse case that prosecutor had his bell rung . He was slammed only because the players families were able to front up $50K for their sons defense . Without the cash those boys would have been railroaded into a plea and been registered sex offenders . All from the testimony of a less than credible alleged victim !

Anonymous
Anonymous
  Boat Guy
December 21, 2017 11:02 am

Plea bargains free the guilty and convict the innocent.

MarshRabbit
MarshRabbit
  Boat Guy
December 21, 2017 2:38 pm

Darryl Anthony Howard served 21 years before DNA evidence cleared him of the murder. Former DA Nifong prosecuted that case.

“Howard’s attorneys argued that DNA evidence, some of which wasn’t tested until 2010, implicated two other men and cleared Howard. They also alleged prosecutorial misconduct, citing a police memo with potentially exculpatory evidence that prosecutor Mike Nifong never turned over to Howard’s lawyers at trial.”

But let’s not feign surprise at prosecutorial misconduct. It happens everyday in courtrooms all over America. Often it goes like this: an impoverished defendant sits in jail until his court date. Then he is brought into a courtroom where a public defender tells him “the state has agreed to time served if you plead guilty but if you go to trial he’s asking for 10 years”. A tough desicion for someone who just met his lawyer, “let me see…plead guilty and go home today, or roll the dice and risk up to 10 years, hmmm…?”
http://www.wral.com/durham-da-dismisses-case-against-darryl-howard/15981758/

22winmag - ZH refugee who just couldn't take the avalanche of damn-near-hourly Bitcoin and doom porn stories
22winmag - ZH refugee who just couldn't take the avalanche of damn-near-hourly Bitcoin and doom porn stories
December 20, 2017 10:05 pm

A mistrial is never a verdict, though it may seem like one.

They’ll bring a new set of charges and railroad him even more the second time around.

Gloriously Deplorable Paul
Gloriously Deplorable Paul
December 20, 2017 10:47 pm

At the very least the wretched scum will seek a change of venue.
I hope any new trial goes to the same judge. And the government lawyers get disbarred for legal malpractice.

Vixen Vic
Vixen Vic
December 20, 2017 11:18 pm

This case should have been dismissed. Harry Reid and his cronys were trying to steel the Bundy ranch for its resources.

Boat Guy
Boat Guy
  Vixen Vic
December 21, 2017 7:55 am

Vixen Vic , I totally agree Harry Reid is a scum bag of the highest order especially when it comes to enriching himself and his phony cronies in the real estate business . I admit that I do not know the laws but I do know access to water and watering rights or right of ways out west differ greatly State to state and generally it has to do with agriculture and livestock . Or some wealthy connected basturd attempting to run somebody off their land !

MarshRabbit
MarshRabbit
December 21, 2017 2:48 pm

I believe the charges were one count of conspiracy to commit an offense against the United States, one count of conspiracy to impede or injure a federal officer, four counts of using and carrying a firearm in relation to a crime of violence, two counts of assault on a federal officer, two counts of threatening a federal law enforcement officer, three counts of obstruction of the due administration of justice, two counts of interference with interstate commerce by extortion, and one count of interstate travel in aid of extortion.
Nothing in this case will resolve his grazing rights/fees issue.