Government Benefits From Most Last Minute Pretrial Orders

Defendants will be able to impeach SAC Dan Love…

A slew of rulings hit the docket ahead of Thursday’s opening arguments. Chief Judge Gloria Navarro ruled on motions from everything to exclude evidence, to compel information, to dismissal of the entire case. For the most part, last minute pretrial orders fell in favor of the Government. However, one key motion will benefit defendants .

SAC Daniel P. Love’s record impeachable…

Should the Government call The Bundy Ranch Tyrant to the stand, the ethics violation report will have to be provided in its unredacted form. Further, defense attorneys will be able to use the report to impeach Love’s character as a witness. It is yet unknown how this will impact the case that the US Attorneys intend to build.

Trial continues…

Defendants argued for a fatal violation of due process under Giglio / Brady. Navarro argued that the failure of the Government to provide the ethics violations report was not a true violation of Brady. As such, she denied the motion to dismiss.

Bridge Photos Admissible

Defendants sought to preclude any photographs on them lying prone on the NB I-15 Bridge. The Government contends that defendants assaulted federal agents. Defendants point to the statutory definition of assault which requires a victim to perceive an overt act in order for an assault to have occurred. Given the Government’s consistent, outlandish narrative of what happened, defendants sought to preclude these photos from evidence. Navarro ruled that while defendant’s understanding of the statutory definition of assault is accurate, she believes that the photos may be relevant to others charges… if the Government can establish relevancy.

Facebook Evidence Admissible

Todd Engel motion to exclude statements made on Facebook not directly related to the crimes outlined in the indictment. The Government motioned to preclude any mention of Government misconduct or militarization, but nevertheless opposed Engel’s similar motion. Navarro ruled that statements made through Social Media are admissible.

Last Minute Pretrial Orders

With opening arguments now underway and decisions rendered on major pretrial motions, defendants will have the task of showing the jury that there exists reasonable doubt that the Government’s narrative is accurate. Most decisions seem to lean in favor of the Government, but a couple of critical decisions have weighed favorably toward the defense. Namely, defendants will be able to call into question the character of SAC Dan Love. Additionally, they will be able to argue the misconduct of federal agents, as well as their excessive militarization. As a result, they posses the ability to capitalize on the weakest points of the Government’s case.

This case will rise and fall on how much truth the jury hears. Consequently, the few rulings that did favor defendants are crucial to that outcome.

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