Denies Defense Timely Access To Love-Related Henthorn Materials
The first Bundy Ranch trial resumed Monday, 27 Feb 2017. During the week-long President’s Day holiday break, more damning evidence surfaced relating to the Bundy Ranch Tyrant (SAC Dan Love) behavior at Burning Man 2015. Specifically, the Deptment of the Interior’s Office of the Inspector General’s (OIG) report that implicated Love in witness tampering and coercion was a redacted “for-public” version of the real report. In the full report, the OIG found evidence that Love had tampered with evidence. In addition, he also committed obstruction of justice. Along with tampering and coercion, he deleted or destroyed documents. Gloria Navarro stymies due process by withholding evidence from defendants.
Tier 3 Witnesses Implicated
Attorneys for Tier 3 defendants originally tried to make the case that the discovery of Love’s questionable ethics violated certain mandates. Specifically, Brady and Giglio requirements for the disclosure of evidence that could impeach a witness. While the court denied any motions to dismiss, it did hold that the jury would have to see the full, unredacted version of the OIG’s report, IF, the Government were to call Love as a witness. Subsequently, the Government seems content to forego calling Love to the stand.
When the unredacted version came to light over the holiday break, lawyers argued that the non-disclosure of the full report was a violation of Henthorn evidence mandates. In US v. Henthorn, 931 F. 2d 29 – Court of Appeals, 9th Circuit 1991, the 9th Circuit held that prosecutors must furnish personnel records of witnesses if the material contains exculpatory (favorable to the defendant) evidence. Attorneys argued that the OIG’s report contained individuals on the Government’s witness list. Consequently, any material related to Love’s obstruction of justice could have included information related to the Bundy Ranch Protest in April 2014.
Navarro’s Response: I decided it wasn’t relevant…
When confronted with another Brady / Giglio / Henthorn violation, Navarro’s response was simple. She said that the material had been provided to her in a timely manner. In addition, she didn’t feel that it had any bearing on the case. If defense attorneys wished to view the material, they would have to do so during a video-recorded session.
Navarro Stymies Due Process
Bottom line: this material should have been provided weeks, if not months ago. Due process violations stack up one after the other. This judge doesn’t care. She knows that the 9th Circuit will not be friendly to these defendants in appeal. The 9th Circuit is tantamount to a clown car of judges waiting to jump out and rule left on any case that goes to appeals. Her collusion with the Government falls under judicial discretion.
These defendants will have to beat these charges with the cards stacked against them. Fortunately, the outcome will watershed on the ability of a jury to see truth and apply it fairly. The Court and Government can collude with each other… but they can’t buy a jury.