Motion to Reconsider US Gov’t v Bundys Denied

On July 3rd, 2018, Judge Navarro denied the prosecution’s request to reconsider January’s dismissal with prejudice.

Judge Gloria Navarro ruled today that the prosecutors will not get another chance to retry Cliven Bundy, his sons, Ammon and Ryan, and Ryan Payne.

The case against these four defendants was dismissed with prejudice on January 8, 2018 by Navarro, citing prosecutorial misconduct and several Brady violations of withholding evidence.

In her 11-page ruling, Navarro addressed the multiple reasons the prosecution cited for her to reconsider her ruling. She repeats much of the language from her original dismissal in which she harshly admonished the prosecution, headed by Steven Myhre, for their “flagrant misconduct”.

Additionally, the judge referenced the previous trials, in which Todd Engel and Greg Burleson were convicted.

The claim that the Government did not need to provide evidence of provocation, intimidation, and self-defense is outrageous given that this defense was at issue in the previous trials,

Some of the wording in the ruling is quite interesting, as it refers to the specific charges of which Engel and Burleson were convicted:

Because some evidence pertaining to perceived government misconduct is relevant to defending against Counts Five, Twelve, and Sixteen, and because the possibility of a self-defense theory exists, the Court finds that it did not err in finding that evidence of this nature amounted to a Brady violation and should have been disclosed.

Burleson was sentenced to 68 years for his role in the standoff. Engel is scheduled to be sentenced on July 19th and is facing a possible 20 years in prison. Multiple motions have been filed on their behalf requesting relief from the convictions based on the Brady violations by the government.

The government is desperately trying to keep the convictions from being overturned, yet cannot wipe the taint of their actions from the Judge’s eyes…

You can read the decision by clicking here.