A judge declared a mistrial Wednesday morning in the Bunkerville standoff case involving rancher Cliven Bundy and other defendants, finding that the federal government improperly withheld evidence.
A new trial for Bundy, his sons Ammon and Ryan, and co-defendant Ryan Payne, on charges arising from the 2014 standoff with federal agents was set for early next year.
U.S. District Judge Gloria Navarro said that video surveillance, maps and FBI interview information was willfully withheld by the prosecution in violation of due process required by the U.S. Constitution.
Considered collectively, she said, the evidence that was withheld was favorable to the defendants and its untimely disclosure was prejudicial in that it “undermined the confidence of the outcome of the trial,” Navarro ruled.
Case law says that illegal suppression of evidence occurs when the government fails to turn over information that was available not only to the prosecution, but to federal investigative agencies, Narvarro said. Thus information and reports obtained and created by the FBI and Bureau of Land Management were available to prosecutors and should have been made available to the defense, she said.
Since the start of trial in October, the defense has received 3,300 pages of discovery that was produced past deadline.
Had the evidence been provided in a timely manner to the defense, attorneys for Bundy would have asked different questions of the jury, exercised their peremptory challenges differently and made stronger arguments during their opening statements, she said.
Navarro said she wanted to be clear that her order did not mean that the evidence was in fact exculpatory or that the defendants were not guilty.
“That’s not my technical position, and it’s not a factual decision to be made by this court,” Navarro said. “The defense has a right to information so it can provide it to the jury so the jury can decide.”
The new trial, which must begin 70 days after an ordered mistrial, is set to begin Feb. 15.
