A federal judge just slammed a prosecutors’ request to reconsider her dismissal (see our previous report below) of the case against Nevada rancher Cliven Bundy, his two sons and friend Ryan Payne.
U.S. District Judge Gloria M. Navarro dismissed conspiracy charges against the four men on Jan. 8 after finding that prosecutors had acted “with prejudice” throughout the trial, The Oregonian reported. Federal prosecutors violated federal law and failed to share evidence favorable to the defendants case with the court.
“The Court’s finding of outrageous government conduct was not in error,” Navarro wrote in her 11-page ruling, obtained by The Oregonian. “On the contrary, a universal sense of justice was violated by the Government’s failure to provide evidence that is potentially exculpatory.”
The prosecutors’ request did not make any new arguments or bring forth any evidence that Navarro had not already considered in her decision to dismiss the case.
“The Court gave somber consideration to the ramifications of its Order and found that it was in the interest of justice to dismiss the case with prejudice,” Navarro wrote. “A motion for reconsideration should not be ‘used to ask the Court to rethink what it has already thought.’”
Prosecutors requested the court grant another trial against the Bundys and Payne, calling the missteps and violations throughout the trial “inadvertent.” Read more: DC
OUR PREVIOUS REPORT: Federal Judge Drops Charges Against Rancher Cliven Bundy, Three Others: “Flagrant Prosecutorial Misconduct”
Thank goodness some justice finally came to this case! Citing “flagrant prosecutorial misconduct”, a federal judge dismissed charges against the Nevada rancher and three others…
Cliven Bundy walks out of federal courthouse for first time in nearly two years pic.twitter.com/BHiqgAH8ht
— David Ferrara (@randompoker) January 8, 2018
Fox News reports:
A federal judge dismissed all charged against rancher Cliven Bundy and three others
U.S. District Judge Gloria Navarro cited “flagrant prosecutorial misconduct” in her decision to dismiss all charges against rancher Cliven Bundy, two of his sons and another person.
The embarrassment a federal judge dealt to government prosecutors last month in the Cliven Bundy case could be set to resume Monday, at a hearing to determine whether the cattle rancher who became a folk hero long before he beat the feds can be retried.
U.S. District Judge Gloria Navarro on Dec. 20 declared a mistrial in the high-profile case. It was only the latest, stunning development in the saga of the Nevada rancher, and served as a repudiation of the federal government. Navarro accused prosecutors of willfully withholding evidence from Bundy’s lawyers, in violation of the federal Brady rule.
The Brady rule, named after the landmark 1963 Supreme Court case known as Brady v. Maryland, holds that failure to disclose such evidence violates a defendant’s right to due process.
Navarro had suspended the trial earlier and warned of a mistrial when prosecutors released information after a discovery deadline. Overall, the government was late in handing over more than 3,300 pages of documents. Further, some defense requests for information that ultimately came to light had been ridiculed by prosecutors as “fantastical” and a “fishing expedition.”
“Either the government lied or [its actions were] so grossly negligent as to be tantamount to lying,” Napolitano said. “This happened over and over again.”
Navarro said Monday it was clear the FBI was involved in the prosecution and it was not a coincidence that most of the evidence that was held back – which would have worked in Bundy’s favor – came from the FBI, AZCentral reported.
ANOTHER BLACK EYE FOR THE FBI…