NV prosecutors seek new trial against Bundys, say evidence violations were 'inadvertent'

By Maxine Bernstein

Prosecutors on Friday urged a federal judge to allow them to retry Nevada cattleman Cliven Bundy, his two sons and a fourth man, arguing that any failure to provide evidence to the defense in the last trial was simply "inadvertent'' or because they reasonably believed the law didn't require them to share the material. "The Brady violations found by the court are regrettable and benefit no one,'' Nevada's Acting U.S. Attorney Steven Myhre wrote in a 55-page legal brief. "But because the government neither flagrantly violated nor recklessly disregarded its obligations, the appropriate remedy for such violations is a new trial.'' The prosecutors claim they couldn't simply turn over all the material, citing "harassment and threats'' made to witnesses, victims and officers in the case who would be in jeopardy if personal information got out, especially on social media. They also cited the massive volume of documents, videos and emails from two federal agencies and Las Vegas and Nevada law enforcement agencies that they needed to cull, and the constraints of the U.S. attorney's "low-tech'' database. Defense lawyers said the harm caused by the violations and the prosecution's continued failure to accept responsibility demand a dismissal of all the charges against the four men. They were indicted last year on conspiracy and other allegations, accused of rallying militia members and armed supporters to stop federal agents from impounding Bundy cattle. Officers were acting on a court order filed after Cliven Bundy failed to pay grazing fees and fines for two decades. "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," Brenda Weksler, an assistant federal public defender representing Payne, wrote on behalf of all the defendants. "Anything short of a dismissal is tantamount of condoning the government's behavior in this case. ... Dismissal is the only way to ensure such conduct will not happen again.''...more