Thursday, December 28, 2017

Unsealed motions in NV Bundy case detail prosecution's violations

By Maxine Bernstein

In a July 5 email, Ryan Payne's lawyers asked prosecutors for copies of all threat assessments prepared before the April 2014 standoff between Cliven Bundy's supporters and federal officers trying to impound Bundy's cattle for years of failing to pay grazing fees and fines. Prosecutors characterized the defendants' continued push for the assessments as another in their "long list of frivolous and vexatious pleadings.'' Prosecutors didn't turn over the assessments to Payne, Bundy and Bundy's two sons, Ammon and Ryan Bundy, until the four were in the midst of a trial last month and a government witness under cross-examination acknowledged familiarity with one of the reports. The threat assessments by the FBI Behavioral Analysis Unit, the Southern Nevada Counterterrorism Task Force, FBI Joint Terrorism Task Force and Gold Butte Cattle Impound Risk Assessment found the Bundys weren't likely to use violence. They were just one example of the prosecution team's callous disregard of its constitutional obligations to share with the defense any potentially favorable evidence, according to Payne's lawyers, assistant federal public defenders Brenda Weksler and Ryan Norwood. The date of the defense attorneys' initial request for the crucial threat reports and their late disclosure is among the information revealed in newly unsealed motions by Payne's lawyers to dismiss the case...more

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