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Date: 10-28-2016

Case Style:

United States of America v. Ammon Bundy, et al.

Case Number: 3:16-cr-00051-BR

Judge: Anna Brown

Court: United States District Court for the District of Oregon (Multnomah County)

Plaintiff's Attorney: Geoffrey A. Barrow, Scott E. Bradford, Ethan D. Knight and Craig J. Gabriel

Defendant's Attorney: Matthew Schindler for Kent Medenbach

Ben Andersen for Geoffrey Stanek

Amy Baggio for Joseph O'Shaughnessy

Tyl Bakker for Sandra Lynn Anderson

Todd Bofferding for Brian Cavalier

Richard Edward Neel Federico FPD for Ryan Payne

Marc Friedman for Darryl William Thorn

Jim Halley for Wesley Kjar

Tiff Harris for Shawna Cox

Lisa Hay FPD for Ryan Payne

Ryan Bundy, pro se

Paul Hood for Travis Cox

Sam Kauffman and Jamie Kilberg for Dylan Anderson

Michele Kohler for Dueane Leo Ehmer

Andrew Kohlmetz for Jason Patrick

Lisa Ludwig for Ryan Bundy, pro se

Lisa Maxfield for Neil Wampler

Matt McHenry for Sean Anderson

Jesse Merrithew for Jake Ryan

Marcus Mumford for Ammon Bundy

Per Olson for David Lee Fry

Morgan Philpot for Ammon Bundy

Bob Rainwater for Jason Charles Blomgren

Bob Salisbury for Jaff Wayne Banta

Matt Schindler for Kenneth Medenbach

Krista Shipsey for Blaine Cooper

Ernest Warren for Eric Lee Flores

Terri Wood for Jon Ritzheimer



Description: Portland, OR - Jury Acquits Ammon Bundy and Others On Federal Conspiracy Charges

The United States of America charged Ammon Bundy, Ryan Bundy, Kenneth Medenbach, David Fry and others on conspiracy and other charges relating to occuption of Oregon's Malheur National Wiildlire Refuge for 41 days in January and February, 2016.


Docket Entries for October 2016:

Date Filed # Docket Text
10/03/2016 1379 Response by Ammon Bundy To Government Objections Re Exhibits To Be Used In Ammon Bundys Direct Examination (Mumford, Marcus) (Entered: 10/03/2016)
10/03/2016 1380 ORDER by Judge Robert E. Jones Granting 1376 Motion to Modify Conditions of Release as to Sean Anderson (12) (bp) (Entered: 10/03/2016)
10/03/2016 1381 Declaration by Hon. Robert E. Jones regarding Declaration, 982 , as to Ammon Bundy, et al (schm) (Entered: 10/03/2016)
10/03/2016 1382 ORDER: By Order 1308 , the Court denied Defendant Shawna Cox's Motion to Suppress Evidence Seized at the Time of Arrest, but the Court's Order erroneously identified the Motion to Suppress as docket 1190 when the correct docket reference for that Motion is docket 1191 . Accordingly, the Court enters this Order to correct the record as follows: For the reasons stated in the Court's Order 1308 , the Court DENIES Defendant Shawna Cox's Motion 1191 to Suppress Evidence Seized at the Time of Arrest as to Shawna Cox (7). Ordered by Judge Anna J. Brown. (dls) (Entered: 10/03/2016)
10/03/2016 1383 ORDER: The Court notes it addressed Defendant Shawna Cox's Motion 1301 Overlength Brief on the record at jury trial proceedings on September 19, 2016. At that time, permitted Cox to file a Reply Memorandum 1303 that was 14 pages in length. For clarity of the record, therefore, the Court now DENIES as moot Cox's Motion 1301 Overlength Brief as to Shawna Cox (7). Ordered by Judge Anna J. Brown. (dls) (Entered: 10/03/2016)
10/03/2016 1384 ORDER: It has come to the Court's attention that the Court has not filed an order formally resolving Defendant Kenneth Medenbach's Motion 1030 for Judicial Notice in which he requests this Court take judicial notice that Medenbach has filed three motions challenging the validity of this judicial officer's oath of office and this Court's subject-matter jurisdiction over these proceedings. Although the fact of Medenbach's multiple challenges in this regard is not disputed, the Court previously ruled that those matters are not appropriate to be presented to the trial jury. The Court, therefore, DENIES Medenbach's Motion 1030 for Judicial Notice as to Kenneth Medenbach (16). Ordered by Judge Anna J. Brown. (dls) (Entered: 10/03/2016)
10/03/2016 1385 Minutes of Proceedings:Jury Trial-Day 16 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach and Neil Wampler Evidence adduced. Jury panel excused for the day at 4:50 PM. Jury Trial CONTINUED to 10/04/2016 at 08:00 AM with counsel only; jury panel to return at 9:00 AM in Portland Courtroom 9A before Judge Anna J. Brown. ORDER: (18) juror lunches to be provided from The Big Town Hero.Counsel Present for Plaintiff: Ethan Knight, Craig Gabriel and Geoffrey Barrow.Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Amanda LeGore) (dls) (Entered: 10/03/2016)
10/03/2016 1386 Memorandum in Support of Motion by Ryan Bundy (Ludwig, Lisa) (Entered: 10/03/2016)
10/04/2016 1387 Response by Ammon Bundy Second Response To Government Objections Re Exhibits To Be Used In Ammon Bundys Direct Examination (Mumford, Marcus) (Entered: 10/04/2016)
10/04/2016 1388 Notice as to Ryan Bundy (Attachments: # 1 Attachment Affidavit) (Ludwig, Lisa) (Entered: 10/04/2016)
10/04/2016 1389 Trial Brief by Ryan Bundy (Attachments: # 1 Attachment Affidavit) (Ludwig, Lisa) (Entered: 10/04/2016)
10/04/2016 1390 ORDER GRANTING DEFENDANT SHAWNA COX'S MOTION FOR JUDGMENT OF ACQUITTAL ON COUNT TWO as to Shawna Cox (7). Accordingly, on this record the Court GRANTS Defendant Shawna Cox's Motion 1370 for Judgment of Acquittal on CountTwo and DISMISSES Count Two of the Superseding Indictment 282 as to Cox. Signed on 10/4/16 by Judge Anna J. Brown. (dls) (Entered: 10/04/2016)
10/04/2016 1391 Minutes of Proceedings:Jury Trial-Day 17 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Evidence adduced. Jury panel excused for the day at 4:30 PM. Jury Trial CONTINUED to 10/05/2016 at 08:00 AM with counsel only; jury panel to return at 9:00 AM in Portland Courtroom 9A before Judge Anna J. Brown. At jury trial proceedings on October 3, 2016, the Court conducted a colloquy with Defendant Ammon Bundy outside the presence of the jury and concluded Defendant Ammon Bundy made a knowing, voluntary, and intelligent decision to testify at trial and to waive his right to remain silent. Defendant Ammon Bundy continued to confer with counsel throughout the morning of October 4, 2016, regarding his decision to testify. On the afternoon of October 4, 2016, the Court confirmed with Defendant Ammon Bundy his decision to testify. Direct examination of Ammon Bundy began on the afternoon of October 4, 2016, and was continued to the morning of October 5, 2016. ORDER: (18) juror lunches to be provided from Great Harvest. Counsel Present for Plaintiff: Ethan Knight, Craig Gabriel and Geoffrey Barrow.Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Amanda LeGore) (dls) (Entered: 10/04/2016)
10/05/2016 1392 MANDATE of USCA-9th Circuit as to David Lee Fry regarding Notice of Appeal 910 USCA # 16-30174 The decision of the District Court is: AFFIRMED. (Attachments: # 1 9/12/2016 Order) (jtj) (Entered: 10/05/2016)
10/05/2016 1393 Memorandum in Opposition to Motion by USA as to Ryan Bundy regarding Memorandum in Support 1386 filed by Defendant Ryan Bundy (Barrow, Geoffrey) (Entered: 10/05/2016)
10/05/2016 1394 Minutes of Proceedings:Jury Trial-Day 18 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Evidence adduced. Jury panel excused for the day at 4:30 PM. Jury Trial CONTINUED to 10/06/2016 at 08:00 AM with counsel only; jury panel to return at 9:00 AM in Portland Courtroom 9A before Judge Anna J. Brown. ORDER: (18) juror lunches to be provided from from Bridge City Cafe. Counsel Present for Plaintiff: Ethan Knight, Craig Gabriel and Geoffrey Barrow. Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Amanda LeGore) (dls) (Entered: 10/06/2016)
10/06/2016 1395 Minutes of Proceedings:Jury Trial-Day 19 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Evidence adduced. Jury panel excused for the day at 3:30 PM. Jury Trial CONTINUED to 10/11/2016 at 08:00 AM with counsel only; jury panel to return at 9:00 AM in Portland Courtroom 9A before Judge Anna J. Brown. The Court directed J. Morgan Philpot, on behalf of all defending parties, to provide to counsel for the government and the Court via a single email message no later than 5:00 p.m., Saturday, October 8, 2016, a list of all proposed remaining witnesses (excluding any Defendants who may yet waive the right to remain silent), a proffer summarizing the anticipated testimony of each witness, and a concise statement of the admissible, noncumulative purpose(s) for which Defendants intend to call each witness. In addition, the Court directs Defendants to provide to counsel for the government no later than 5:00 p.m., Saturday, October 8, 2016, all exhibits Defendants intend to introduce through witnesses on Tuesday, October 11, 2016, and Thursday, October 13, 2016. The Court directed the government to respond to Defendants' proffered witnesses and exhibits by a single email message to counsel for Defendants and to the Court no later than 5:00 p.m., Monday, October 10, 2016. ORDER: (18) juror lunches to be provided from from The Farm House Cafe. Counsel Present for Plaintiff: Ethan Knight, Craig Gabriel and Geoffrey Barrow.Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Amanda LeGore) (dls) (Entered: 10/06/2016)
10/07/2016 1396 ORDER DENYING DEFENDANT AMMON BUNDY'S MOTION 1360 TO STAY TRIAL PROCEEDINGS PENDING APPEAL - Signed on 10/7/2016 by Judge Anna J. Brown. (pg) (Entered: 10/07/2016)
10/07/2016 1397 Scheduling Order by Judge Robert E. Jones as to Ammon Bundy. Status Conference is set for 10/7/2016 at 01:00PM before Judge Robert E. Jones in Portland Courtroom 10A. (bp) Modified on 10/7/2016 to correct Judge(bp). (Entered: 10/07/2016)
10/07/2016 1398 Minutes of Proceedings:Detention Hearing before Judge Robert E. Jones as to Ammon Bundy. It is ordered that the previous order (760) Is modified as follow. The USMS is directed to make special accommodations to permit meetings between custodial defendants in this case and their defense team in the interview rooms. In all other respects, the previous order remains in effect. US Marshals present: Karl Knobbs, Barbara Alfano, Troy Gangwisch Counsel Present for Plaintiff: Government waived appearance.Counsel Present for Defendant: Marcus Mumford. Defendant not present.(Court Reporter Amanda LeGore) (bp) (Entered: 10/07/2016)
10/07/2016 1399 Objections by Shawna Cox to jury instructions (Harris, Tiffany) (Entered: 10/07/2016)
10/08/2016 1400 Motion in Limine To Allow Testimony of Matthew Deatherage Oral Argument requested. by Defendant Neil Wampler. (Maxfield, Lisa) (Entered: 10/08/2016)
10/09/2016 1401 Proposed Jury Instructions by Ammon Bundy Defendant Ammon Bundys Second Supplemental Brief On Jury Instructions (Mumford, Marcus) (Entered: 10/09/2016)
10/09/2016 1402 Motion in Limine Admit Defendant's Statements Oral Argument requested. by Defendant Neil Wampler. (Maxfield, Lisa) (Entered: 10/09/2016)
10/10/2016 1403 Objections by Ammon Bundy Objection Re Jury Instruction On Government Informants (Mumford, Marcus) (Entered: 10/10/2016)
10/10/2016 1404 Unopposed Motion to Continue / Reset Sentencing by Defendant Wesley Kjar. (Halley, James) (Entered: 10/10/2016)
10/10/2016 1405 Declaration by James F. Halley regarding Unopposed Motion to Continue / Reset Sentencing 1404 filed by Defendant Wesley Kjar (Halley, James) (Entered: 10/10/2016)
10/11/2016 1406 Response by Ammon Bundy Memorandum Re: The Jurys Consideration Of Admitted Exhibits In Deliberations (Mumford, Marcus) (Entered: 10/11/2016)
10/11/2016 1407 Objections by Ryan Bundy RYAN BUNDYS FINAL OBJECTION TO THE COURTS PROPOSED COUNT 5 JURY INSTRUCTION (Ludwig, Lisa) (Entered: 10/11/2016)
10/11/2016 1408 ORDER by Judge Anna J. Brown as to Neil Wampler (20). For the reasons stated on the record at the beginning of jury trial proceedings on October 11, 2016, the Court GRANTS Defendant Neil Wampler's Motion 1400 in Limine to Allow Testimony of Matthew Deatherege. Deatherege's proffered testimony is generally relevant to security procedures that the alleged co-conspirators put in place at the Malheur National Wildlife Refuge. Although the Court remains concerned about the number of witnesses who have observed testimony in this matter in violation of the Court's consistent direction to the parties that witnesses are to be excluded from the courtroom, the Court, in the exercise of its discretion, declines to exclude the testimony of Deatherege on the basis that he has observed the testimony of several witnesses. The Court, nonetheless, will permit the government to cross-examine Deatherege regarding his observation of other testimony in this case. (bb) (Entered: 10/11/2016)
10/11/2016 1409 ORDER by Judge Anna J. Brown. Granting Defendant's Motion to Continue Sentencing 1404 as to Wesley Kjar (18). Sentencing set for 10/28/2016 is VACATED and is RESET for 12/8/2016 at 10:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. Sentencing memos are now due 11/30/2016. (bb) (Entered: 10/11/2016)
10/11/2016 1410 Minutes of Proceedings: Jury Trial-Day 20 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Evidence adduced. Jury Trial CONTINUED to 10/13/2016 at 08:00 AM with counsel only; jury panel to return at 9:00 AM in Portland Courtroom 9A before Judge Anna J. Brown. Prior to testifying, the Court conducted a colloquy with Defendant Kenneth Medenbach outside the presence of the jury and concluded he made a knowing, voluntary, and intelligent decision to testify at trial and to waive his right to remain silent. Court directed Defendants to collectively provide to government counsel no later than 10:00 a.m., October 12, 2016, a list off all remaining witnesses any Defendant proposes to call before resting and specifying the points to be established by each such witness's testimony and the evidentiary purposes for which such testimony is offered. No later than 3:00 p.m. October 12, 2016, government's counsel must specify for each such witness the government's position as to the proposed proffers and deliver the complete lists to the Court and Defendants and submit to defendants, an outline of the witnesses the Government proposes to call in rebuttal and a disclosure with respect to any discovery. ORDER: (18) juror lunches to be provided from Great Harvest. Counsel Present for Plaintiff: Ethan Knight, Craig Gabriel and Geoffrey Barrow. Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Amanda LeGore) (bb) (Entered: 10/11/2016)
10/11/2016 1411 Memorandum in Opposition to Motion by USA as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler regarding Proposed Jury Instructions 1401 filed by Defendant Ammon Bundy (Knight, Ethan) (Entered: 10/11/2016)
10/11/2016 1412 Proposed Jury Instructions by USA as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler Regarding Adverse Possession (Knight, Ethan) (Entered: 10/11/2016)
10/11/2016 1413 Notice titled "Entry of Payment" as to defendant Ryan Bundy (schm) (Entered: 10/12/2016)
10/11/2016 1414 Notice titled "Entry of Payment" as to defendant Ryan Bundy (schm) (Entered: 10/12/2016)
10/12/2016 1415 Order by Judge Anna J. Brown as to Shawna Cox. The Court acknowledges receipt of the attached ex parte message from Don Cox, husband of Defendant Shawna Cox. The statements in the attachment do not raise any legally cognizable issue, and, therefore, the Court does not intend to provide any response to Mr. Cox. (bb) (Entered: 10/12/2016)
10/12/2016 1416 Notice as to Ryan Bundy Declaration And Legal Notice (Attachments: # 1 Attachment) (Ludwig, Lisa) (Entered: 10/12/2016)
10/12/2016 1417 Unopposed Motion to Continue / Reset Sentencing by Defendant Joseph O'Shaughnessy. (Baggio, Amy) (Entered: 10/12/2016)
10/12/2016 1418 Declaration by Amy Baggio, Counsel for Mr. O'Shaughnessy regarding Unopposed Motion to Continue / Reset Sentencing 1417 filed by Defendant Joseph O'Shaughnessy (Baggio, Amy) (Entered: 10/12/2016)
10/12/2016 1419 Motion to Quash Subpoena Issued to Friends of Malheur National Wildlife Refuge filed by USA as to Defendant Ryan Bundy. (Attachments: # 1 Exhibit 1) (Knight, Ethan) (Entered: 10/12/2016)
10/12/2016 1420 Memorandum in Opposition to Motion by USA as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler regarding Objections (Generic) 1403 filed by Defendant Ammon Bundy (Response to Objection Re Jury Instruction on Government Informants) (Knight, Ethan) (Entered: 10/12/2016)
10/12/2016 1421 Motion to Withdraw Plea of Guilty and Proceed to Trial By Jury by Defendant Ryan Payne. (Federico, Richard) (Entered: 10/12/2016)
10/12/2016 1422 Motion in Limine to admit video evidence oral argument requested. by Defendant Shawna Cox. (Harris, Tiffany) (Entered: 10/12/2016)
10/13/2016 1423 Motion to Compel Information Regarding The Governments Use Of Informants by Defendant Ammon Bundy. (Mumford, Marcus) (Entered: 10/13/2016)
10/13/2016 1424 Motion for Reconsideration Of The Courts Preliminary Ruling Excluding Witnesses Listed In Defendants October 12, 2016 Proffer by Defendant Ammon Bundy. (Attachments: # 1 Exhibit 1 (Rusty Hammond Declaration)) (Mumford, Marcus) (Entered: 10/13/2016)
10/13/2016 1425 Order by Judge Anna J. Brown as to Ryan Payne. The Court directs the government to file a response to Defendant Ryan Payne's Motion 1421 to Withdraw Plea of Guilty no later than October 31, 2016. At that time the Court will review the record and determine whether a hearing is necessary to complete the record on Defendant's Motion. (bb) (Entered: 10/13/2016)
10/13/2016 1426 Objections by Ryan Bundy DEFENDANT RYAN BUNDYS OBJECTION AND RESPONSE TO THE GOVERNMENTS MOTION TO QUASH (Ludwig, Lisa) (Entered: 10/13/2016)
10/13/2016 1427 Notice as to Ryan Bundy NOTICE TO THE COURT THAT IMPORTANT DEFENSE WITNESSES HAVE LEFT AND BEEN RELEASED FROM SUBPOENA DUE TO THE COURTS MICROMANAGEMENT OF THE DEFENSE (Ludwig, Lisa) (Entered: 10/13/2016)
10/13/2016 1428 Order by Judge Anna J. Brown. The Court GRANTS in part and DENIES in part Defendant Shawna Cox's Motion 1422 in Limine to Admit Video Evidence. For the reasons stated on the record at the beginning of jury-trial proceedings on October 13, 2016, the Court finds the first, 12 minute, 28 second video is admissible, but concludes the second, 3 minute, 21 second video is inadmissible because it is cumulative of the first video. (bb) (Entered: 10/13/2016)
10/13/2016 1429 Order by Judge Anna J. Brown. For the reasons stated on the record before the lunch recess of jury trial proceedings on October 13, 2016, the Court DENIES as premature the government's Motion 1419 to Quash Subpoena Issued to Friends of Malheur National Wildlife Refuge. (bb) (Entered: 10/13/2016)
10/13/2016 1430 Amicus Curiae Appearance entered regarding Defendant Shawna Cox (Attachments: # 1 Exhibit, # 2 Exhibit) (Harris, Tiffany) (Entered: 10/13/2016)
10/13/2016 1431 Minutes of Proceedings: Jury Trial-Day 21 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Evidence adduced. Jury Trial CONTINUED to 10/14/2016 at 08:00 AM with counsel only; jury panel to return at 9:00 AM in Portland Courtroom 9A before Judge Anna J. Brown. Prior to testifying, the Court conducted a colloquy with Defendant Shawna Cox outside the presence of the jury and concluded she made a knowing, voluntary, and intelligent decision to testify at trial and to waive her right to remain silent. ORDER: (18) juror lunches to be provided from Bridge City Cafe. Counsel Present for Plaintiff: Ethan Knight, Craig Gabriel and Geoffrey Barrow. Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Jill Jessup)Counsel Present for Plaintiff: Ethan Knight, Craig Gabriel and Geoffrey Barrow.Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Jill Jessup) (bb) (Entered: 10/13/2016)
10/13/2016 1436 Notice titled "Performance Contract Anna J. Brown" as to Ryan Bundy (schm) (The document attached to this entry at filing was incorrect. The document has been replaced with the correct attachment on 10/20/2016.) (eo) (Entered: 10/14/2016)
10/13/2016 1437 Legal Notice to Compel as to Ryan Bundy (schm) (Entered: 10/14/2016)
10/13/2016 1438 Notice titled "Writ Prohibitio" as to Ryan Bundy (Attachments: # 1 Attachment Apostolic Letter Issued Motu Proprio) (schm) (Entered: 10/14/2016)
10/13/2016 1439 Notice titled "Objection to the Court's Coordination with Prosecution regarding Prescreening of Defense Witnesses" as to Shawna Cox (Attachments: # 1 Attachment (not signed)) (schm) (Entered: 10/14/2016)
10/13/2016 1440 Notice titled "Quo Warranto" as to Ryan Bundy (schm) (Entered: 10/14/2016)
10/14/2016 1432 Stipulation as to Neil Wampler (Maxfield, Lisa) (Entered: 10/14/2016)
10/14/2016 1433 Notice by State of Oregon as to Ammon Bundy, Jon Ritzheimer, Joseph O'Shaughnessy, Ryan Payne, Ryan Bundy, Brian Cavalier, Shawna Cox, Peter Santilli, Jason Patrick, Duane Leo Ehmer, Dylan Anderson, Sean Anderson, David Lee Fry, Jeff Wayne Banta, Sandra Lynn Anderson, Kenneth Medenbach, Blaine Cooper, Wesley Kjar, Corey Lequieu, Neil Wampler, Jason Charles Blomgren, Darryl William Thorn, Geoffrey Stanek, Travis Cox, Eric Lee Flores, Jake Ryan Special Appearance (Attachments: # 1 Motion, # 2 Affidavit in Support of Motion, # 3 Affidavit in Support of Motion to Stay, # 4 Certificate of Service) (McDonald, David) (Entered: 10/14/2016)
10/14/2016 1434 Proposed Jury Instructions by David Lee Fry Regarding Definitions of "Knowingly" and "Intentionally" (Olson, Per) (Entered: 10/14/2016)
10/14/2016 1435 ORDER by Judge Anna J. Brown as to Ammon Bundy (1). For the reasons stated on the record at jury-trial proceedings on October 14, 2016, the Court GRANTS in part and DENIES in part Defendant Ammon Bundy's Motion 1424 for Reconsideration of the Court's Preliminary Ruling Excluding Witnesses Listed in Defendants' October 12, 2016, Proffer. Within limitations stated on the record, the Court permitted the testimony of Richard Mack, Charles Stephenson, Duane Shrock, and Rusty Hammond. The Court excluded the testimony Claud R. Koerber and Dr. Angus McIntosh. (bb) (Entered: 10/14/2016)
10/14/2016 1441 Minutes of Proceedings: Jury Trial-Day 22 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Evidence adduced. Jury Trial CONTINUED to 10/17/2016 at 08:00 AM with counsel only; jury panel to return at 9:00 AM in Portland Courtroom 9A before Judge Anna J. Brown. Prior to testifying, the Court conducted a colloquy with Defendant David Lee Fry outside the presence of the jury and concluded he made a knowing, voluntary, and intelligent decision to testify at trial and to waive his right to remain silent. ORDER: (18) juror lunches to be provided from Farm House Cafe. Counsel Present for Plaintiff: Ethan Knight, Geoffrey Barrow, Craig Gabriel.Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Amanda LeGore/Jill Jessup) (bb) (Entered: 10/14/2016)
10/16/2016 1442 Joint Motion in Limine RE: The Government's Rebuttal Case by Defendant Ammon Bundy. (Attachments: # 1 Exhibit 1 (outline of Government Rebuttal Case), # 2 Exhibit 2 (Additional Issue), # 3 Exhibit 3, # 4 Exhibit 4) (Mumford, Marcus) (Entered: 10/16/2016)
10/17/2016 1443 Motion for Disclosure of informant information oral argument requested. by Defendant Shawna Cox. (Harris, Tiffany) (Entered: 10/17/2016)
10/17/2016 1444 Proposed Jury Instructions by Ammon Bundy Defendant Ammon Bundys Proposed Revised Jury Instruction Regarding Second Amendment Rights (Mumford, Marcus) (Entered: 10/17/2016)
10/17/2016 1445 Motion in Limine To Admit A Selection Of LaVoy Finicums January 20, 2016 Interview by Defendant Ammon Bundy. (Mumford, Marcus) (Entered: 10/17/2016)
10/17/2016 1446 Proposed Jury Instructions by Ammon Bundy Request For A Curative Instruction Regarding The Constitution (Mumford, Marcus) (Entered: 10/17/2016)
10/17/2016 1447 Declaration by Shawna Cox regarding evidentiary rulings (Harris, Tiffany) (Entered: 10/17/2016)
10/17/2016 1448 Stipulation as to Ammon Bundy And The Government Regarding Governor Kate Browns Receipt Of The Redress Of Grievances (Mumford, Marcus) (Entered: 10/17/2016)
10/17/2016 1449 Notice and Demand for Relief, Full Acquitance, and Discharge as to Ryan Bundy (schm) (Entered: 10/17/2016)
10/17/2016 1450 Notice titled " Letter Rogatory for Relief" as to Ryan Bundy (schm) (Entered: 10/17/2016)
10/17/2016 1451 Minutes of Proceedings: Jury Trial-Day 23 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Evidence adduced. Defendants rested. Governments rebuttal case heard. Jury Panel excused for the day at 3:26 pm. Court remained on record finalizing jury instructions. Jury Trial CONTINUED to 10/18/2016 at 08:00 AM with counsel only; jury panel to return at 9:00 AM in Portland Courtroom 9A before Judge Anna J. Brown. ORDER: (18) juror lunches to be provided from Big Town Hero. Counsel Present for Plaintiff: Geoffrey Barrow, Ethan Knight, Craig Gabriel.Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Jill Jessup) (bb) (Entered: 10/17/2016)
10/18/2016 1452 ORDER by Judge Anna J. Brown as to Shawna Cox (7). For the reasons stated on the record during jury-trial proceedings on October 17, 2016, the Court GRANTS in part and DENIES in part Defendant Shawna Cox's Motion 1443 to Compel Discovery Regarding Informant or Agent. The Court directed the government to produce to Defendants all un-redacted reports of the confidential human source (CHS) identified in Cox's Motion. The government then represented it had produced such reports to Defendants. The Court then denied Cox's Motion to the extent it sought any additional information about the CHS identified in Cox's Motion, subject to the government's duty to provide additional disclosures in the event that the CHS testified in a manner that the government knows to be false. The CHS identified in Cox's Motion was then called as a witness by Cox and testified after lunch during the jury-trial proceedings on October 17, 2016. The Court concludes the record is now closed on this Motion. (bb) (Entered: 10/18/2016)
10/18/2016 1453 ORDER by Judge Anna J. Brown as to Ammon Bundy (1). On October 15 and 16, 2016, in connection with Defendant Ammon Bundy's Motion 1423 to Compel Information Regarding Government's Use of Informants, the Court conducted an in camera review of 112 un-redacted confidential human source (CHS) reports for 13 such sources and compared them to the redacted versions the government produced in discovery in July 2016. In that review, the Court considered whether to compel the government to produce any of the redacted information (including identities) contained in those reports. In doing so, the Court also reviewed an ex parte Declaration from Assistant United States Attorney Geoffrey Barrow that the Court directed AUSA Barrow provide as part of the in camera inspection which included a list of the identities of these persons. Before court convened on the morning of October 17, 2016, the Court emailed to the parties a preliminary ruling in which the Court informed the parties that it concluded there was not any information in the un-redacted versions of the reports that was "relevant and helpful" to any defense. See United States v. Henderson, 241 F.3d 638, 645 (9th Cir. 2000). During further oral argument held at the beginning of jury-trial proceedings on October 17, 2016, Defendants argued that it would be helpful and necessary to the defense for the government to produce a summary of the number of CHSs who were present at the Malheur National Wildlife Refuge (MNWR) during the periods charged in the Superseding Indictment. After conferral among counsel, the government agreed to a stipulation that of the 15 total CHSs relevant to this case (two of whom were already known to Defendants, leaving the thirteen whose un-redacted reports the Court reviewed in camera) nine CHSs were informants personally present at the MNWR at some point during the occupation, and, of those nine, three such CHSs were identified during the trial. Accordingly, on this record the Court DENIES as moot Defendant Ammon Bundy's Motion 1423 to Compel Information Regarding the Government's Use of Informants. By separate Order, the Court is sealing pending further Order the materials the Court reviewed in camera. (bb) (Entered: 10/18/2016)
10/18/2016 1454 ORDER by Judge Anna J. Brown as to Ryan Bundy (5). During jury-trial proceedings on October 18, 2016, Defendant Ryan Bundy confirmed his Motion 1365 to Inspect Safe Discussed by Witness Chad Karges is now moot. Accordingly, on this record the Court DENIES as moot Ryan Bundy's Motion 1365 to Inspect Safe Discussed by Witness Chad Karges. (bb) (Entered: 10/18/2016)
10/18/2016 1455 ORDER by Judge Anna J. Brown as to Neil Wampler (20). For the reasons stated on the record at the jury-trial proceedings on October 11, 13, and 14, 2016, the Court GRANTS in part and DENIES in part as moot Defendant Neil Wampler's Motion 1402 in Limine to Allow Evidence of Defendants State of Mind. As a result, the Court permitted the testimony of Diane Holthaus, Janalee Tobias, Louis Smith, and Ed Snipes as noted on the record. The Court aslo notes the portion of Wampler's Motion that addresses the admissibility of his prior conviction for impeachment purposes is moot because Wampler elected not to testify. (bb) (Entered: 10/18/2016)
10/18/2016 1456 ORDER by Judge Anna J. Brown. For the reasons stated on the record during jury-trial proceedings on October 17, 2016, the Court GRANTS in part and DENIES in part Defendants' Joint Motion 1442 in Limine re: the Government's Rebuttal Case. The Court excluded testimony regarding the litigation that gave rise to the impoundment orders underlying the events in Bunkerville, Nevada, in April 2014; additional testimony regarding the events in Bunkerville and the presence of armed protesters during those events; and testimony regarding the general sentiments in Harney Country regarding the occupation of the Malheur National Wildlife Refuge (MNWR). The Court, however, permitted the testimony of Harney County Judge Steven Grasty as to his request that Defendants leave the MNWR and the decision not to allow Defendants to use the county fairgrounds for a meeting, Chad Karges to testify as to the activities of employees of the Malheur National Wildlife Refuge, and Harney County Sheriff's Deputy Lucas McLain to testify he was not at a meeting at Ye Old Castle cafe on January 2, 2016. (bb) (Entered: 10/18/2016)
10/18/2016 1457 Motion to Modify Conditions of Release Oral Argument requested. by Defendant Darryl William Thorn. (Friedman, Marc) (Entered: 10/18/2016)
10/18/2016 1458 Declaration by Marc Friedman regarding Motion to Modify Conditions of Release 1457 filed by Defendant Darryl William Thorn (Friedman, Marc) (Entered: 10/18/2016)
10/18/2016 1459 Order by Judge Anna J. Brown. Pursuant to the Court's Order 1453 , issued October 18, 2016, the Court SEALS the enclosed Confidential Human Source reports and the Ex Parte Declaration of Geoffrey A. Barrow which were submitted to the Court for its in camera review in order to adjudicate Defendant Ammon Bundy's Motion 1423 to Compel Information Regarding the Government's Use of Informants. The Court directs the government to maintain these records as sealed until further order of this Court or the Ninth Circuit Court of Appeals. The Court directs the Clerk to file a copy of this Order inthe record of this case and to affix the original of this Order to the sealed envelope. signed on 10/18/2016 (bb) (Entered: 10/18/2016)
10/18/2016 1460 ORDER by Judge Anna J. Brown as to Ammon Bundy (1). For the reasons stated on the record during jury-trial proceedings on October 17, 2016, the Court GRANTS in part and DENIES in part Defendant Ammon Bundy's Motion 1445 in Limine to Admit Selection of Finicum January 20, 2016, Interview. The Court directed Ammon Bundy to edit the video as specified to omit portions of the interview that contained inadmissible hearsay and/or irrelevant statements. Defendant Ammon Bundy, however, was permitted to play the remainder of the video in the jury's presence. (bb) (Entered: 10/18/2016)
10/18/2016 1461 ORDER by Judge Anna J. Brown. The Court DENIES as moot Defendant Jason Patrick's Motion 789 to Join in Pro Se Defendant Ryan Bundy's Motion for Protective Order for Unmonitored Meetings, Correspondence, and Phone Calls. By Order 873 , issued July 12, 2016, the Honorable Robert E. Jones denied Ryan Bundy's Motion 780 for Protective Order for Unmonitored Meetings, Correspondence, and Phone Calls. In any event, on July 12, 2016, Defendant Jason Patrick was released from pretrial custody. (bb) (Entered: 10/18/2016)
10/18/2016 1462 ORDER by Judge Anna J. Brown. The Court GRANTS Defendant Ammon Bundy's Motion 1068 Motion for Leave to File Defendant's Trial Memorandum and Opposition to the Government's Motion in Limine re: Adverse Possession. The Court considered the arguments in Ammon Bundy's Trial Memorandum and Opposition to the Government's Motion in Limine re: Adverse Possession when it considered the parties pretrial motions and at the pretrial conference conducted August 22-25, 2016. (bb) (Entered: 10/18/2016)
10/18/2016 1463 Minutes of Proceedings: Jury Trial-Day 24 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Closing arguments heard. Closing arguments CONTINUED to 10/19/2016 at 08:30 AM in Portland Courtroom 9A before Judge Anna J. Brown. ORDER: (18) juror lunches to be provided from Great Harvest Bakery. Counsel Present for Plaintiff: Ethan Knight, Craig Gabriel and Geoffrey Barrow. Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Jill Jessup). (bb) (Entered: 10/18/2016)
10/19/2016 1464 Declaration by James O'Hagan (Attachments: # 1 Exhibit) (Harris, Tiffany) (Entered: 10/19/2016)
10/19/2016 1465 ORDER by Judge Anna J. Brown. Granting in Part Defendant's Unopposed Motion to Continue Sentencing 1289 as to Ryan Payne (4). The Court STRIKES the sentencing date of November 18, 2016 and will determine a new sentencing date after the pending Motion to Withdraw Plea 1421 is resolved and based on the scheduling issues in the pending Nevada case. (bb) (Entered: 10/19/2016)
10/19/2016 1466 ORDER by Judge Anna J. Brown. Granting Defendant's Unopposed Motion to Continue Sentencing 1417 as to Joseph O'Shaughnessy (3). Sentencing set for December 2, 2016 is VACATED and is RESET for 4/27/2017 at 09:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. In the event the Nevada case is resolved prior to 4/27/2016, the parties are to notify this Court to reschedule this sentencing. (bb) (Entered: 10/19/2016)
10/19/2016 1467 Order by Judge Anna J. Brown as to Ryan Bundy. The Court has reviewed various recent filings (#1413, #1414, #1416, #1436, #1437, #1438, #1440, #1449, #1450) Defendant Ryan Bundy made during the last week of trial. The Court concludes these filings do not raise any legally cognizable issue beyond those that the Court has already addressed on the record. (bb) Modified on 10/19/2016 (bb). (Entered: 10/19/2016)
10/19/2016 1468 Order by Judge Anna J. Brown as to Shawna Cox. The Court has reviewed various recent filings (#1430, #1447, #1464) Defendant Shawna Cox made during the last week of trial. The Court concludes these filings do not raise any legally cognizable issue beyond those that the Court has already addressed on the record. (bb) (Entered: 10/19/2016)
10/19/2016 1469 Motion to Modify Conditions of Release by Defendant Jake Ryan. (Merrithew, Jesse) (Entered: 10/19/2016)
10/19/2016 1470 Declaration by Jesse Merrithew regarding Motion to Modify Conditions of Release 1469 filed by Defendant Jake Ryan (Merrithew, Jesse) (Entered: 10/19/2016)
10/19/2016 1471 Motion and Memorandum for Order Disqualifying Honorable Anna J. Brown by Defendant Shawna Cox. (Attachments: # 1 Attachment Exhibits 1 - 10) (schm) (Entered: 10/19/2016)
10/19/2016 1472 Exhibits 22-29 by Shawna Cox in Support of Motion and Memorandum for Order Disqualifying Judge Anna J. Brown 1471 filed by Defendant Shawna Cox (schm) (Entered: 10/19/2016)
10/19/2016 1473 Exhibits 11-21 by Shawna Cox in Support of Motion and Memorandum for Order Disqualifying Judge Anna J. Brown 1471 filed by Defendant Shawna Cox (schm) (Entered: 10/19/2016)
10/19/2016 1474 Order by Judge Anna J. Brown as to Shawna Cox. The Court acknowledges the filing by Defendant Shawna Cox of a Motion 1471 for Order Disqualifying Honorable Anna J. Brown together with two additional filings 1472 , 1473 of exhibits in support thereof. The Court refers these matters to Chief Judge Michael W. Mosman for his consideration and resolution. (bb) (Entered: 10/19/2016)
10/19/2016 1475 Minutes of Proceedings: Jury Trial-Day 25 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Closing arguments continued. Jury panel instructed. Jury panel excused for the day to return on 10/20/2016 at 08:30 AM to begin deliberating. ORDER: (19) juror lunches to be provided from Bridge City Cafe. Renewed Motions for Judgment of Acquittal denied. Counsel Present for Plaintiff: Ethan Knight, Craig Gabriel and Geoffrey Barrow.Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Jill Jessup) (bb) (Entered: 10/20/2016)
10/19/2016 1493 AMENDED Order Setting Conditions of Release as to Defendant Kenneth Medenbach. Signed on 10/19/2016 by Judge Michael W. Mosman. (rsm). (Entered: 10/26/2016)
10/20/2016 1476 Scheduling Order by Judge Anna J. Brown as to Geoffrey Stanek. Due to a conflict in the Court's schedule, the Sentencing set for 11/17/2016 is VACATED and is RESET for 11/22/2016 at 11:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. Sentencing memos are now due no later than 11/16/2016. (bb) (Entered: 10/20/2016)
10/20/2016 1477 Notice as to Shawna Cox of Brady Violations (Harris, Tiffany) (Entered: 10/20/2016)
10/20/2016 1478 Declaration by Shawna Cox (Attachments: # 1 Exhibit) (Harris, Tiffany) (Entered: 10/20/2016)
10/20/2016 1479 Minutes of Proceedings: Jury Trial day 26 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Jury deliberated from 8:30 am to 3:30 pm. Jury panel to return on October 24, 2016 at 8:30 am. ORDER: (12) jury lunches ordered from the Farm House Cafe. (bb) (Entered: 10/21/2016)
10/24/2016 1480 Scheduling Order by Judge Anna J. Brown as to Brian Cavalier. Sentencing is RESET for 10/25/2016 at 02:30 PM in Portland Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 10/24/2016)
10/24/2016 1481 Notice of Brady Violations by the United States filed by defendant Shawna Cox (schm) (Entered: 10/24/2016)
10/24/2016 1482 Declaration of Shawna Cox Documenting Obstruction of Justice and Atrocities Occurring in this Action filed by defendant Shawna Cox. (schm) (Entered: 10/24/2016)
10/24/2016 1483 Affidavit by Shawna Cox of Shawna Cox regarding Motion and Memorandum to Disqualify Honorable Anna J. Brown 1471 filed by Defendant Shawna Cox (Attachments: # 1 Attachment Exhibit #1) (schm) (Entered: 10/24/2016)
10/24/2016 1484 Motion to Compel or Dismiss filed by Defendant Ryan Bundy. (schm) (Entered: 10/24/2016)
10/24/2016 1485 Judicial/Legal Notice as to defendant Ryan Bundy (schm) (Entered: 10/24/2016)
10/24/2016 1487 Minutes of Proceedings: Jury Trial day 27 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Jury deliberated from 8:30 am to 4:30 pm. Jury panel to return on October 25, 2016 at 8:30 am. ORDER: (12) jury lunches ordered from The Good Earth Cafe. (bb) (Entered: 10/25/2016)
10/25/2016 1486 Sentencing Memorandum filed by USA as to Brian Cavalier (Gabriel, Craig) (Entered: 10/25/2016)
10/25/2016 1488 Motion to Modify Conditions of Release by Defendant Jason Patrick. (Kohlmetz, Andrew) (Entered: 10/25/2016)
10/25/2016 1489 Minutes of Proceedings: Sentencing Hearing before Judge Anna J. Brown as to Defendant Brian Cavalier. Defendant sentenced to time served on each count to be served concurrently with 3 years of supervision imposed. See Formal Judgment. Defendant advised of right to appeal.Counsel Present for Plaintiff: Craig Gabriel.Counsel Present for Defendant: Todd Bofferding, Mace Yampolsky (Nevada Atty).(Court Reporter Jill Jessup) (bb) (Entered: 10/25/2016)
10/25/2016 1490 Minutes of Proceedings: Jury Trial-Day 28 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Jury Deliberations continued. Jury notes heard on the record. Jury panel released for the day at 4:30 pm to return on 10/26/2016 at 8:30 am. Court will go on record with counsel only at 9:00 am. ORDER: (12) jury lunches ordered from the Bridge City Cafe. Counsel Present for Plaintiff: Craig Gabriel, Ethan Knight, Geoffrey Barrow.Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Jill Jessup) (bb) Modified on 10/26/2016 adding juror lunches (bb). (Entered: 10/25/2016)
10/26/2016 1491 Order of USCA-9th Circuit as to Ammon Bundy regarding Notice of Appeal - Interlocutory 967 USCA # 16-30179. Appellant's "petition for rehearing en banc" is construed as a motion for reconsideration en banc of the court's September 28, 2016 order. See 9th Cir. Gen. Ord. 6.11. So construed, the motion is denied on behalf of the court (Docket Entry No. 9). Id. No further filings will be entertained in this closed case. (jtj) (Entered: 10/26/2016)
10/26/2016 1492 Motion to Dismiss Juror For Bias, Or, In The Alternative,, Motion for Declaration of Mistrial by Defendant Ammon Bundy. (Mumford, Marcus) (Entered: 10/26/2016)
10/26/2016 1494 Minutes of Proceedings: Jury Trial-Day 29 before Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. Jury panel continued to deliberate. Jury note discussed further on the record. For the reasons stated on the record, juror #11 excused and alternate juror #18 will replace this juror. Jury panel excused at 12:30 pm to return on 10/27/2016 at 08:30 AM in Portland Courtroom 9A before Judge Anna J. Brown. ORDER: (12) juror lunches ordered from the Farm House. Counsel Present for Plaintiff: Ethan Knight, Craig Gabriel, Geoffrey Barrow.Counsel Present for Defendant: J. Morgan Philpot, Marcus Mumford, Lisa Ludwig, Per Olson, Tiffany Harris, Matthew Schindler, Lisa Maxfield and Robert Salisbury.(Court Reporter Jill Jessup) (bb) (Entered: 10/26/2016)
10/26/2016 1495 Order by Judge Anna J. Brown as to Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, Neil Wampler. For the reasons stated on the record during proceedings on October 25 and 26, 2016, and based on the stipulation of the parties reached October 26, 2016, the Court DISMISSES the juror seated as Juror #11 for good cause. See United States v. Christensen, 828 F.3d 763, 806 (9th Cir. 2015)("A court may dismiss a juror during deliberations for good cause."). As agreed by the parties before trial and pursuant to Federal Rule of Criminal Procedure 24(c)(3), the Court selected by random draw the alternate juror seated as Juror #18 to serve as a trial juror for deliberations to begin anew after Court proceedings convene with the parties and these 12 jurors on Thursday, October 27, 2016, at 8:30 a.m. At that time, the Court will instruct the jurors consistent with 9th Circuit Model Criminal Jury Instruction No. 7.12 and inquire of Juror #18 as discussed in the first paragraph of the Comment to that Model Instruction. In light of these developments, the Court DENIES as moot Defendant Ammon Bundy's Motion 1492 to Dismiss Juror for Bias. (bb) (Entered: 10/26/2016)
10/26/2016 1496 Proposed Jury Instructions by Ammon Bundy Renewed Proposal For Jury Instruction Regarding Second Amendment Rights (Mumford, Marcus) (Entered: 10/26/2016)
10/27/2016 1497 JUDGMENT AND COMMITMENT as to Brian Cavalier (6), Count(s) 1, 3s, DISMISSED; Count(s) 1s, 2s, SENTENCING DATE: 10/25/16; IMPRISONMENT: Time Served on each, Count 1 and Count 2 to run concurrently with Nevada Case No. 2:16-cr-00046-GMN-PAL (United States v. Cliven Bundy, et al); SUPERVISED RELEASE: 3 years; RESTITUTION: TBD; SPECIAL ASSESSMENT: $100.00 for each of Counts 1 and 2; signed on 10/27/16 by Judge Anna J. Brown. (schm) (Entered: 10/27/2016)
10/27/2016 1498 Statement of Reasons as to Brian Cavalier (NOTE: This document is filed under seal and access is restricted to counsel of record) signed on 10/27/16 by Judge Anna J. Brown. (schm) (Entered: 10/27/2016)
10/27/2016 1499 Memorandum in Support of Motion by Shawna Cox regarding judicial overreach (Harris, Tiffany) (Entered: 10/27/2016)
10/27/2016 1500 Motion for Declaration of Mistrial by Defendant Shawna Cox. (Harris, Tiffany) (Entered: 10/27/2016)
10/27/2016 1501 ORDER by Michael W. Mosman as to Shawna Cox (7). The Motion and Memorandum for Order Disqualifying Honorable Anna J. Brown 1471 is DENIED. An objective third-party observer could not perceive that Judge Brown is influenced by bias and there is no reasonable basis to question Judge Brown's impartiality. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/27/2016)
10/27/2016 1502 ORDER by Judge Robert E. Jones Granting 1488 Motion to Modify Conditions of Release as to Jason Patrick (9). Any travel must be approved by the Court. (bp) (Entered: 10/27/2016)
10/27/2016 1503 ORDER by Judge Robert E. Jones Granting 1469 Motion to Modify Conditions of Release as to Jake Ryan (26) (bp) (Entered: 10/27/2016)
10/27/2016 1504 Amended Motion to Modify Conditions of Release Oral Argument requested. by Defendant Darryl William Thorn. (Friedman, Marc) (Entered: 10/27/2016)
10/27/2016 1505 Declaration by Marc Friedman regarding Amended Motion to Modify Conditions of Release 1504 filed by Defendant Darryl William Thorn (Attachments: # 1 Attachment, # 2 Attachment) (Friedman, Marc) (Entered: 10/27/2016)
10/27/2016 1506 Motion for an Identity Hearing filed by Defendant Ryan Bundy. (schm) (Entered: 10/27/2016)
10/27/2016 1507 Order of Release as to David Lee Fry. Signed on 10/27/2016 by Judge Anna J. Brown. (bb) (Entered: 10/27/2016)

Outcome: 10/27/2016 1497 JUDGMENT AND COMMITMENT as to Brian Cavalier (6), Count(s) 1, 3s, DISMISSED; Count(s) 1s, 2s, SENTENCING DATE: 10/25/16; IMPRISONMENT: Time Served on each, Count 1 and Count 2 to run concurrently with Nevada Case No. 2:16-cr-00046-GMN-PAL (United States v. Cliven Bundy, et al); SUPERVISED RELEASE: 3 years; RESTITUTION: TBD; SPECIAL ASSESSMENT: $100.00 for each of Counts 1 and 2; signed on 10/27/16 by Judge Anna J. Brown. (schm) (Entere

All defendants were found not guilty of charges of conspiracy to impede federal officers and not guilty of possession of firearms in a federal facility. One of the occupiers, Kenneth Medenbach, was found not guilty of theft of a government-owned truck.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: The simmering conflict between the Federal Government, which owns a lot of the United States west of the 100th Meridian bubbled to the surface in this case but will not resolve the continuing conflict between farmers and ranchers in the west and the government.

The Angela Davis case to comes to mind when I reflect on this case.



 
 
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