Prosecutors in Bunkerville Retrial Rely on Deception - by Shari Dovale

It Matters How You Stand

Prosecutors in Bunkerville Retrial Rely on Deception by Shari Dovale Redoubt News 7-28-2017 The chaotic events of “Bundy standoff” near Bunkerville, Nevada on April 12, 2014 were captured on hundreds of cameras.  There is video from almost every angle (including from multiple surveillance aircraft flying above).  The feds occupied the high ground (despite what they claim in court) and were filming by dash-cams, body cams and handheld cameras.  Nevada Highway Patrol had two (2) vehicles positioned on the all-important northbound bridge of I-15 with dash-cams rolling continuously.  The standoff may have been one of the most well-recorded spontaneous crowd events in history. But prosecutors in the Bunkerville retrial of Rick Lovelien, Scott Drexler, Eric Parker and Steven Stewart have sought to severely limit the video and photographic evidence that the jury is allowed to see.  The untold thousands of images of the events known to exist do not support the government’s claims in the indictment.  Although dozens if not hundreds of FBI agents have spent 3 years pouring over the imagery in an effort to find images of any of the four defendants (or any Bundy supporter, for that matter) pointing weapons at federal agents, they have failed to produce one. For the most part, photos and video show the defendants holding guns in safe manner, either pointed downward toward the ground or in a vertical position with barrels upward.  It seems that Rick Lovelein’s rifle was slung on his back throughout the entire event.   The rifles of Parker and Drexler were (apparently for a short period) positioned between cracks in concrete barriers on a northbound bridge of I-15.  But it is significant that Parker and Drexler’s prone positions occurred near the end of the “standoff,” after BLM agents drastically escalated their threats to use force against unarmed women and children. Parker’s weapon had no scope and experts say it could not have been used for accurate shooting at the given distances if gunfire had broken out.  At best, Parker may have been able to provide defensive overhead cover fire in the event that federal agents began killing people.  Such protective fire could have made agents seek cover, thereby saving lives. It is also significant that two Nevada State Troopers were patrolling and doing traffic control on the bridge while Parker and Drexler lay prone.  Parker testified in the first trial that one trooper even conversed with him as he was on the pavement. In order to convict the 4 defendants of assaulting federal officers, threatening federal officers, extortion, using firearms in crimes of violence and other offenses, prosecutors must emphasize agents’ testimony that the agents saw guns pointed at them while concealing all imagery which refutes such statements.  The government’s strategy is therefore one of concealment and deception.  Thus far the rulings of Judge Gloria Navarro seem to give prosecutors an avenue to carry out this strategy. On the morning of July 10, 2017—just as defense lawyers were preparing for jury selection in the trial Judge Navarro granted the prosecution’s “motion in limine” prohibiting the defense from bringing up BLM conduct, or any of the events leading up to the April 12, 2014 protest.  Prosecutors have been vigorously objecting to any attempt by the defense to introduce photos or video which contradicts prosecution witness testimony.  And almost every government witness claims to have no recollection of sequence or timing, thereby making it difficult to show an image that clearly refutes the witness’s testimony. On Thursday, July 27, 2017, an anonymous juror asked a simple written question to a witness: will the jury ever get to see images from different angles?  Judge Navarro intercepted the question and told the jurors that most trials have no photos at all and are based only on witness testimony.  It is an “unreasonable expectation,” Navarro told jurors, to expect to see photos from additional perspectives.  Of course Navarro knows there are numerous pictures which would discredit the witness’s claims (as many were shown in the previous trial).  But Navarro suggested that jurors are to focus on the testimony of the government witnesses. Shari Dovale | July 28, 2017 at 6:39 pm | Categories: BLM, Bundy Ranch, Court, News, Redoubt News | URL: http://wp.me/p8bCbd-MI

Malheur Defense Starts With a Bang

Malheur Defense Starts With a Bang

Judge Anna Brown has begun to push the defense to make a minimal case and wrap it up by early next week.

http://redoubtnews.com/2016/09/29/malheur-defense-starts-bang/ 

September 29, 2016 BLM, Constitution, FBI, Featured, government 1

 

Malheur Defense Starts With a Bang

By Shari Dovale

Today began the defense case in the Malheur Protest Trial in Portland. The jury heard a 40 minute audio recording of a call between FBI Negotiator Christopher Luh and Ammon Bundy.
Bundy explained to Luh how the protesters were cleaning the refuge, making repairs and working with the community.

We heard Ammon estimate that about 1,000 community members had come to the refuge and shared information. One of the most prominent stories that Ammon shared on this call was how the “Fires have been so destructive to them and how it appears that the Bureau of Land Management is only there to make money on the fires.”

“They’re not there to put the fires out,” Bundy explained. He then went on to give statistics on the poor management of the BLM versus the local volunteer fire group. They have a track record of keeping the fires down to less than a thousand acres when the volunteers are on it, but “when the Bureau of Land Management firefighters are on it there’s hundreds of thousands of acres.”
Another powerful witness was Sheila Warren, an elder with the Confederated Tribes of Siletz Indians. She testified that, after hearing news reports of what was happening at Malheur, she decided to investigate the events herself. She was very concerned for the reported abuse of the Paiute artifacts. She arrived on January 24^th and spent several hours overall.

Warren testified that she went into an office building and never saw damage, the people were respectful, the refuge was clean, and the general atmosphere was open and responsive. She also testified that she never saw any guns during her time there. This part of her testimony was important because she said that she specifically looked for weapons, due to the media reports.
She reported that the artifacts were not being abused and she tried repeatedly to reach the Burns Paiute Tribal Chair, Charlotte Rodrique, though she was unsuccessful.

After leaving the refuge and returning home, Warren testified of a phone call she received from FBI Agent Ronnie Walker. He did not immediately identify himself to her but did attempt to bully her into talking to him. Walker told this Tribal Elder that she did not have a choice but to talk to him, and she was made to feel as if she did something wrong by visiting the refuge.
Judge Anna Brown did not want to let the jury hear this information, but Tiffany Harris, Shawna Cox’s attorney, did a wonderful job in questioning and getting the information presented. Warren was able to present the fact that she felt threatened by Agent Walker.

There have been several FBI agents testifying during this trial. Ronnie Walker has been treated very special by the court in that he has been allowed to sit through each day in the courtroom, listening to all the testimony, before he himself testified, repeatedly. Not even the other agents have received that privilege Certainly no regular citizen witnesses would be allowed this same benefit.
That isn’t the only unusual behavior by the FBI during this trial.
Agent Lapp is a prime example of the disrespect the FBI has for the jury and these proceedings. He was assigned to this case in November 2015. However, this trained investigator was not able to recall most details of which he was questioned. He could not remember who’s Facebook accounts were being reviewed, other than Ammon’s. He couldn’t even remember when he started watching these accounts.

When questioned about the government informants at the refuge, his memory got even worse. He couldn’t remember how many informants there were, or who they were, or much about them in general. He was finally prompted to reveal that he saw a written proposal to pay Mark McConnell for being a government informant.

Several agents claimed to “not recall” specifics of their investigations, except when prompted by their “302” reports. These reports are the written summaries they fill out about witness interviews. It seems to me, when they are called to testify, they should at least review their notes, reports, or even the case files, to prepare for their testimony. Too many times today they appeared incompetent by falling back on the “I do not recall” answers.
Tomorrow will be another big day for the defense. Sheriff David Ward will return from Harney County. Reverend Franklin Graham is also expected to testify, as well as the possibility of Ammon Bundy taking the stand.

Judge Anna Brown has begun to push the defense to make a minimal case and wrap it up by early next week. Today was the first day, and they are not in court on Friday. So, 2 days this week, maybe 2 days next week, is a dramatic shortening of their evidence.
There is a video that the defense wants to admit and show the jury, but speculation is running that Judge Brown will not allow it, as it will just lengthen the case. Yes, she can be very intimidating to attorneys. However, their future does not trump these defendant’s freedom.
I hope they get their full day in court.