On Monday federal Judge Gloria Navarro will hear arguments as to whether Cliven Bundy, two of his sons and a Montana militia man should again face trial on charges growing out of the Bunkerville standoff with BLM agents attempting to impound Bundy’s cattle in 2014.
The judge declared a mistrial in December when she ruled the prosecution had failed to timely turn over evidence to the defendants.
Now she must decide whether that mistrial is with prejudice, meaning no retrial, or without prejudice, meaning still another trial.
The first trial also ended in a mistrial for four of six defendants when the jury could not reach unanimous verdicts. Of the remaining four, two were acquitted during retrial and two others pleaded guilty to misdeamnors and were released on time served after the jurors again could not reach unanimous verdicts.
One of those convicted was sentenced to 68 years in prison. In doing so Navarro called the man and other protesters “playground bullies,” adding, “You don’t just go to the tax office and threaten them to not collect taxes.”
During the sentencing to seven years in prison of a protester who copped a plea, Navarro called him “a bully vigilante, threatening peacekeepers of the community.”
What are the chances of Navarro declaring the mistrial is with prejudice?
All the remaining defendants, except Cliven Bundy, have been released on what amounts to house arrest. Bundy refused to agree to the conditions of release and remains jailed for almost two years now.
Six more defendants, including two more Bundy sons, Dave and Mel Bundy, are scheduled to be tried 30 days after the end of the current trial, if there is one. What will become of that trial if this one does not go on?
Millions have been spent prosecuting this case. What are the odds?
Wasn’t “mistrial with prejudice” just announced? With so much “fake news” I can’t believe anything I’m reading anymore.
Of course, nothing will bring back LaVoy Finicum, the unfortunate rancher that was murdered but the BLM.
They cannot be tried again. Wonders never cease, Gloria Navarro has principles.
John L. Smith reported for Reuters that the charges were dismissed with prejudice, but the R-J and most others did not make the distinction.
What about Mel and Dave Bundy and other defendants? What about those already sentenced who did not get discovery either?
It was with prejudice, made it to TV news.
This article also details it was dismissed with prejudice.
But it is far from over.
“Prosecutors and the lead FBI agents in the case quietly sat listening to the judge’s ruling. They didn’t make any statements in court.
Later, Nevada’s interim U.S. Attorney Dayle Elieson, released a short statement, saying, “We respect the court’s ruling and will make a determination about the next appropriate steps.”
The government may appeal the dismissal. The prosecution team in recent weeks added a new assistant U.S. attorney, Elizabeth White, the chief appellate lawyer in the Nevada U.S. Attorney’s Office. Attorney General Jeff Sessions also sent an evidence discovery expert to the federal prosecutors’ office in Las Vegas to review the case.”
As for other people, they are separate from this decision and will need to file motions of their own.