Judge ends Bundy case
Rancher free as dismissal caps botched prosecution
A federal judge harshly criticized prosecutors Monday as she threw out felony conspiracy and weapons charges against Bunkerville rancher Cliven Bundy, two of his sons and an independent militia member.
U.S. District Judge Gloria Navarro, who granted a mistrial in the case last month, said her latest decision was necessary because of “flagrant prosecutorial misconduct” throughout the case, as government attorneys hid a wide range of evidence from defendants until the days leading up to the third trial in the 2014 armed standoff.
“A universal sense of justice has been violated,” said Navarro, who stopped short
BUNDY
of dismissing a case against four remaining defendants.
In her ruling, Navarro pointed out that government prosecutors willfully failed to disclose evidence that could have proved the defendants’ innocence and made misrepresentations to both defense attorneys and the court.
She added that she was “troubled” by prosecutors’ actions in the case, actions that she said would have called the integrity of convictions into question.
First Assistant U.S. Attorney Steven Myhre, the lead prosecutor on the case, declined to comment on the decision as he walked out of the courtroom. Shortly afterward, newly appointed Interim U.S. Attorney Dayle Elieson released this statement: “We respect the court’s ruling and will make a determination about the next appropriate steps.”
Bundy stepped out of jail-issued clothing for the first time in nearly two years, donning a cowboy hat, a blue button-down shirt, a gray sport coat, blue jeans and brown boots. He left the federal courthouse in Las Vegas with his arm around his wife, Carol.
“I’ve got my sweetheart beside me. I’m feeling pretty good. But I’m not used to being free,” he said. “I’ve been a political prisoner for right about 700 days today.”
Attorney Bret Whipple, who represents Cliven Bundy, said his client wiped away tears after hearing the decision.
“We’re glad he’s finally going home,” Whipple said.
Having rejected a chance to be released with restrictions during his trial, Cliven Bundy was the last of the defendants freed from a federal detention center.
Navarro’s decision to dismiss “with prejudice” the charges against the Bundy patriarch, his sons Ammon and Ryan and Ryan Payne means that prosecutors never can level the same allegations again. But it also left questions for defendants who have yet to face a jury, and others who have pleaded guilty or been convicted.
Payne’s attorneys had argued in court documents that more than 1,000 pages of documents should have been handed over in a more timely fashion.
The judge ruled that the prosecution had shown “reckless disregard for its constitutional obligations to seek out favorable evidence” for the defendants. I’ve got my sweetheart beside me. I’m feeling pretty good. But I’m not used to being free. I’ve been a political prisoner for right about 700 days today.
Payne still faces prison time in Oregon.
Attorney Lance Maningo, who represents David Bundy, set for trial next month, said he was “very happy” with Navarro’s ruling.
“Dave and his group deserve the same,” Maningo said. “We hope the government recognizes this and the case against Dave and the last group is dismissed. But if we go to trial in February, we’ll be ready.”
Pete Santilli, who twice faced a jury for his role in the standoff and later pleaded guilty to a felony conspiracy charge, is scheduled to be sentenced in March. That could change, said his lawyer, Chris Rasmussen.
“We are hopeful that the government on their own accord dismisses the charges against Santilli,” the attorney said.
The 2014 standoff occurred after federal agents tried to execute a court order to round up Cliven Bundy’s cattle.
Contact David Ferrara at dferrara@reviewjournal.com or 702380-1039. Follow @randompoker on Twitter.