Bundy trial upset: Judge dismisses jury for days to meet with defense and prosecution
December 12, 2017
Judge Gloria Navarro on Dec. 11 sent jurors home for several days to give herself, the prosecution and the defense time to sort out several issues.
According to Brian Hyde, who has reported on the trial from the beginning, reported that Judge Navarro said in the courtroom that the jury will be out until at least until Dec. 20 because of several alleged instances of the prosecution withholding evidence.
Three of the main cases of the federal government's attorneys withholding evidence, according to Hyde are these:
1. The prosecution made claims that the Bundy family's recollection of snipers surrounding their ranch was false. But the defense presented evidence proving that snipers were indeed present on the ranch.
2. The prosecution claimed that the FBI wasn't involved in the roundup of the cattle but the defense proved that the FBI and an anti-terrorism SWAT team was on their ranch prior to the cattle roundup.
3. The prosecution said that the government did not place surveillance technology on the Bundy ranch but the defense showed that this, too was false.
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"There are no less than seven alleged Brady violations which are instances of the prosecution withholding evidence that could have been provided to the defense ahead of this time," Hyde said.
Hyde said that the judge mentioned the word "mistrial," but that her uttering the word was in no way a sure sign of a mistrial, but that could be a possibility.
"The judge has seen enough of a problem that she's sent the jury home until at the 20th. We don't even know if they will be back on the 20th," he said.
On Dec. 4, the Associated Press reported that the remaining Bundy standoff participants had been granted pretrial release – and that all of them are now allowed to be out of prison during the trial.
Mel Bundy, Dave Bundy, Joseph O'Shaughnessy and Jason Woods were the final four given pretrial release.
Bundy family patriarch Cliven Bundy has chosen to remain in prison to call attention to the issue until it is resolved, he said.