The Trials of Snack Team Six: Day Three

Slide1

Today was the third day in court for the members of Snack Team 6. When last we left our stalwart, masticating patriots their leader Ammon Bundy (call sign Munchies 6) was making the political statement that he was a political prisoner. But that, good citizens, was yesterday and what everyone* wants to know is what happened today. So without further ado…

Snack Team 6 opened with a motion to declare the trial a mistrial this morning. Ammon Bundy’s argument, made by his attorney Marcus Mumford, is that Harney County Sheriff Dave Ward’s testimony on the first day was highly prejudicial and that Judge Brown had not done enough (anything?) to deal with it. As always The Oregonian’s Maxine Bernstein is on the case:

Bundy’s lawyer Marcus Mumford had asked Ward during his cross-examination Wednesday if he had conducted his own investigation into the 2014 armed standoff that occurred near Bunkerville, Nevada with federal officers attempting to corral Nevada rancher Cliven Bundy’s ranch cattle. Cliven Bundy is Ammon Bundy’s father.

Ward explained that what he learned about the Nevada standoff “scared the hell” out of him. The sheriff went on to note that he had discovered during a Google search on the Internet that “some unstable people who had left that situation” killed two police officers while they were eating lunch in a restaurant.

In court, Mumford asked the judge to strike Ward’s comments, arguing they were unresponsive. The judge denied his motion.

Bundy’s older brother, Ryan Bundy, then stood up and objected, also asking the court to strike Ward’s statements, initially citing a hearsay objection but quickly contending instead that the comments were prejudicial.

U.S. District Judge Anna J. Brown found merit in Ryan Bundy’s objection, and told jurors to disregard Ward’s references to events in Bunkerville that had to do with police officers being killed.

Now, Mumford argues that the judge’s instructions to jurors didn’t go far enough.

“While the Court offered a curative explanation to the jury, that instruction was inadequate in light of the highly inflammatory and prejudicial insinuations that Mr. Bundy’s actions are somehow related to a high-profile, double-murder of police officers,” Mumford wrote in his motion. “Accordingly, Mr. Bundy moves for a mistrial and dismissal with prejudice.”

If the court isn’t inclined to grant a mistrial, Mumford offered the judge three alternatives: strike all of the sheriff’s testimony, hold an evidentiary hearing to inquire further about what Ward learned from other law enforcement about the Bunkerville standoff, or tell the jury Ward’s statement was unfounded and intended to prejudice his client.

“Sheriff Ward is a governmental agent and a central governmental witness who was clearly aware of the prejudice he was unfairly creating with his testimony, which he intentionally directed at Mr. Bundy and his counsel, as indicated by his indignant use of the word “sir,” in the answer at issue,” Mumford wrote.

Moving quickly along, the Prosecution called a number of FBI agents to the stand today and they testified about the Facebook postings and other social media messaging written and/or sent by the Bundys and their followers before and during the standoff at the Malheur Federal Wildlife Refuge.

Four FBI agents who combed through about 300,000 pages of 23 Facebook accounts belonging to defendants in the federal conspiracy case, searching for terms relevant to the alleged conspiracy, also testified. They read aloud the messages and posts, as prosecutors put them on computer screens so jurors could read them.

In several of Ammon Bundy’s posts, he criticized Harney County Sheriff Dave Ward, claiming the sheriff was “collaborating with the violators,” while he vowed to “do whatever it takes” to protect Harney County ranchers Dwight Hammond Jr. and Steve Hammond from having to return to federal prison on arson convictions.

“We as people desire to live in peace and tranquility, but we will defend our friends if necessary, Respectfully Ammon Bundy,” one post read. During the occupation, Ammon Bundy uploaded a video of him seated in a refuge office, saying, “We basically came out here not to protest, stomp our feet…We came out here to make a difference.”

As always click across if you want to see all of The Oregonian‘s great coverage of the trial.

We’ll be back Monday with another edition of How the Bundy Bounces – same Bundy time, same Bundy station!

Stay hungry citizens!

* Everyone being defined as Bella Q and LAO.

80 replies
  1. 1
    a hip hop artist from Idaho (fka Bella Q) says:

    * Everyone being defined as LAO.

    Ahem.

  2. 2
    Adam L Silverman says:

    @a hip hop artist from Idaho (fka Bella Q): I wasn’t sure you were going to be around. I’ll fix it.

  3. 3
    Hal says:

    Bundy’s lawyer Marcus Mumford

    I did a two second double take…

    Marcus Oliver Johnstone Mumford is a British-American singer, songwriter, musician and producer best known as the lead singer of the band Mumford & Sons

  4. 4
    Mnemosyne says:

    So, lawyers, I assume all of the “mistrial! mistrial!” cries are hoping to set up an appeal and they don’t actually expect the judge to grant them a mistrial.

  5. 5
    Omnes Omnibus says:

    Ammon Bundy’s argument, made by his attorney Marcus Mumford, is that Harney County Sheriff Dave Ward’s testimony on the first day was highly prejudicial and that Judge Brown had not done enough (anything?) to deal with it.

    I.Can’t.Even.

  6. 6
    Adam L Silverman says:

    @Hal: Pretty sure they’re not the same person.

  7. 7
    Mike in Pasadena says:

    I had forgotten that they threatened to stay as long as necessary yet they only brought “snacks.” Real survivalists.

    Mike

    I never trust a man with a comb over; he’s hiding something.

  8. 8
    Adam L Silverman says:

    @Omnes Omnibus: Sure you can. Crazy go nuts!

  9. 9
    lollipopguild says:

    They don’t have to play by any rules but their own. The minute you or I went after them(playing by OUR rules) they would be crying like babies.

  10. 10
    Omnes Omnibus says:

    @Adam L Silverman: As I read further, it was less stupid than I thought.

  11. 11
    Corner Stone says:

    @Omnes Omnibus:

    I.Can’t.Even.

    Do you have any of those to spare, brother? I have been out for most of this week.

  12. 12
    lollipopguild says:

    What ever happened to all of the dildos that people sent them?

  13. 13
    Omnes Omnibus says:

    @Corner Stone: That was my last one. I checked online, but they seem to be back ordered.

  14. 14
    Adam L Silverman says:

    @lollipopguild: They may have been used in the UT student Cocks Not GLOCKs protest. Or not…
    https://www.theguardian.com/us-news/2016/aug/25/cocks-not-glocks-texas-campus-carry-gun-law-protest

  15. 15
    Adam L Silverman says:

    @lollipopguild: They may have been used in the UT student Cocks Not GLOCKs protest. Or not…
    https://www.theguardian.com/us-news/2016/aug/25/cocks-not-glocks-texas-campus-carry-gun-law-protest

    It was a typical scene at the start of the new school year – student groups setting out tables and trying to sign up recruits for sororities, clubs and religious organisations. Until the end of the row, that is, where hundreds of people had gathered to pick up free dildos.

    Wednesday’s Cocks Not Glocks protest against Texas’s “campus carry” law was held on the first day of classes at the University of Texas at Austin, which has spearheaded resistance to the new rule from students and faculty members at colleges in the state.

    The rally took place along a tree-lined avenue beneath the tower at the heart of the campus from where Charles Whitman embarked on a shooting spree on 1 August 1966.

    The new law, passed last year by Texas’s Republican-dominated legislature, came into effect on the 50th anniversary of the massacre. It permits licensed gun owners aged 21 and older to carry concealed handguns in most places on public university campuses, including dorms and classrooms.

    We have crazy laws but this is by far the craziest, that you can’t bring a dildo to campus but you can bring your gun
    Rosie Zander, history student
    Demonstrators gathered to brandish sex toys in the air or strap them to their backpacks. Or other places. “We have crazy laws here but this is by far the craziest, that you can’t bring a dildo on to campus legally but you can bring your gun. We’re just trying to fight absurdity with absurdity,” said Rosie Zander, a 20-year-old history student.

    “We wanted something fun that people could really engage in. Because it’s hard to get involved in the political process at our age, people our age don’t tend to vote or get involved, and this is so easy. Strap a dildo on and you’re showing the Texas legislature this is not a decision we wanted

  16. 16
    eric says:

    I need to see the entire transcript but what is the problem. If your lawyer asks if he did an investigation and (here is the part missing) asks about the investigation, then tough luck. As soon as the witness goes past the yes no part, you have to get an instruction from the court to make the witness stop. In addtion, you cannot ask potentially prejudicial questions and claim the answers should be stricken.

  17. 17
    lollipopguild says:

    @Adam L Silverman: It’s nice to know that they were put to a good use.

  18. 18
    Adam L Silverman says:

    @lollipopguild: My guess is they’re in evidence at the Federal courthouse in Oregon.

  19. 19
    Corner Stone says:

    @Omnes Omnibus: Well, if you can’t even. And I can’t even. Then who in the hell is left to can’t even for the kids? The kids, god dammit!

  20. 20
    oz29 says:

    Evidence of guilt is prejudicial. Beautiful.

  21. 21
    Robert B. Winn says:

    @lollipopguild: Well, your rules have killed 60,000,000 American children. The worst war with guns, the Civil War, only killed less than a million Americans. So we are supposed to be impressed because Democrats are not afraid to kill children.

  22. 22
    lollipopguild says:

    @Adam L Silverman: That’s like a scene out of a Monty Python skit.

  23. 23
    Steve in the ATL says:

    So…is anyone else spending Friday night in a windowless conference room in Detroit with a group of union thugs?

  24. 24
    Corner Stone says:

    @Robert B. Winn: I am going to go get some Popeye’s. But I honestly can not wait to hear the rest of this.
    Spicy, if it matters.

  25. 25
    Adam L Silverman says:

    @lollipopguild: Having the dildos seized as evidence that could possibly entered as exhibits in the trial or the UT student protest?

  26. 26
    a hip hop artist from Idaho (fka Bella Q) says:

    @Omnes Omnibus: I had the same reaction, and I reached the same conclusion at a continued reading. Though “quite” does a lot of heavy lifting there.

    @eric: A federal judge here called that “the Toyota Rule.” He’d tell counsel – “you asked for it, you got it.” If they bitched again about the same situation, he’d often shake his head and say “Toyota Rule,” before “objection overruled.” I’m not making that up.

  27. 27
    Omnes Omnibus says:

    @Corner Stone: Red beans and rice too?

  28. 28
    Adam L Silverman says:

    @Steve in the ATL: No, but I have a very dark suit, some very dark ballistic grade glasses, and can be very intimidating if you need backup.

  29. 29
    Adam L Silverman says:

    @Omnes Omnibus: And biscuits with honey!

  30. 30
    oz29 says:

    The issue here is not whether the answer to the question was prejudicial. The issue is that the question was shit. I don’t know anything about Mr. Mumford except that he asked a vague, open-ended question of the State’s witness, and evidently had not considered the possibility that the witness might editorialize. This is bad tradecraft. No criminal defense attorney worth the title (or, indeed, no lawyer of any variety who had been to a CLE put on by the Criminal Defense bar) should ask a question like that.

  31. 31
    lollipopguild says:

    @Robert B. Winn: What color was the tab of LSD that you just took? If you are serious with your comment then you missed my point completely. Judging from your comment you are quite good at missing the actual point of my comment or anyone else’s comment.

  32. 32
    raven says:

    @Steve in the ATL: Flying to Midway early tomorrow!

  33. 33
    Adam L Silverman says:

    @raven: Have some Manny’s Deli for me!

  34. 34
    Corner Stone says:

    @Omnes Omnibus: I have a coupon. Five mixed pieces, 2 reg sides and 2 bizzcuts. $8.99, baby. I feel like Omar taking down a Barksdale stash house.
    Although I may leave the shotgun at home.

  35. 35
    lollipopguild says:

    @Adam L Silverman: Having dildos used as evidence in the trial-I imagine a lot of people in the court might have trouble keeping a straight face if/when they are introduced.

  36. 36
    a hip hop artist from Idaho (fka Bella Q) says:

    @oz29:

    The issue is that the question was shit. I don’t know anything about Mr. Mumford except that he asked a vague, open-ended question of the State’s witness, and evidently had not considered the possibility that the witness might editorialize. This is bad tradecraft.

    Bingo. He’s a much better musician than criminal defense attorney.

  37. 37
    raven says:

    @Adam L Silverman: You know I was thinking about that. I haven’t had any beef or pork in over 20 years. If I ate it I’d go for a real Chicago Italian Beef but, alas, it ain’t on the menu. I’m sure the chow at the Villa Park VFW will be swell!

    eta I will be near Roosevelt Road but a few clicks west.

  38. 38
    Omnes Omnibus says:

    @Corner Stone: You go, girl!

  39. 39
    Adam L Silverman says:

    @Steve in the ATL: If you have a chance, or you have the ability to send someone to go for you, I highly recommend the baklava and other pastries from the Shatila Bakery:
    http://www.shatila.com/

  40. 40
    Adam L Silverman says:

    @lollipopguild: Okay, that makes sense. I’m sure the Prosecution will ease them into evidence.
    (what?)

  41. 41
  42. 42
    Adam L Silverman says:

    @raven: Okay. Almost every restaurant I can recommend in Chicago is now out. I highly recommend the Tavern on Rush. I know you said you don’t eat steaks, but they also have excellent seafood/fish, as well as lamb and poultry.
    http://www.tavernonrush.com/menus/
    http://www.tavernonrush.com/ta.....SUMMER.pdf

    I prefer it to the Chicago Chop House. And you want Gino’s East for pizza.

  43. 43
    Omnes Omnibus says:

    @Adam L Silverman: Better than ramming them down the defense’s throat.

  44. 44
    Adam L Silverman says:

    @Omnes Omnibus: True. Well played!

  45. 45
  46. 46
    Mnemosyne says:

    @Robert B. Winn:

    If God hates abortion, why does anencephaly exist? In fact, why do birth defects happen at all?

  47. 47
    redshirt says:

    Adam can you recommend a grilled portabella in Santiago?

  48. 48
    sukabi says:

    @lollipopguild: they’re standing trial…

  49. 49
    Peale says:

    I don’t quite understand the objection, since he was asked the question and indeed if sherif Ward had done a google search, he would have learned that the Jared Miller had been at bunkerville and later killed two policemen.

  50. 50
    lollipopguild says:

    @Omnes Omnibus: They should use KY lube.

  51. 51
    Mnemosyne says:

    @raven:

    If I can remember the name of the BBQ place that rikyrah recommended, I’ll post it for you. It’s on the South Side, but it’s not a bad neighborhood and it’s open late.

  52. 52
    lollipopguild says:

    @sukabi: They are up for a trial?

  53. 53
    Adam L Silverman says:

    @redshirt: Which Santiago?

  54. 54

    @Adam L Silverman: I send Shatila pasteries as Christmas presents every year. The other place I used to like when we lived in the Detroit area was Ackroyd’s Scottish Bakery. The scones and shortbread were amazing.

  55. 55
    Steeplejack (phone) says:

    @raven:

    Hope you have a good trip in memory of your buddy.

  56. 56
    Adam L Silverman says:

    @Iowa Old Lady: Thanks for the info on the Scottish bakery. I supervised a Kuwaiti officer my final year at the war college. He kept ordering sampler boxes from Shatila Bakery and bringing them in. I swear he was trying to kill me with baklava!

  57. 57
    geg6 says:

    WTF? Seems like crazy lawyer asked a really stupidly open ended question and the witness answered. What’s the problem?

    I know, I know.

  58. 58
    oz29 says:

    “”as indicated by his indignant use of the word “sir,” in the answer at issue,” Mumford wrote.” Someone has been watching too many Ben Stone Law & Order re-runs.

  59. 59
    Adam L Silverman says:

    @oz29: Sheriff Ward served in the military. My guess is he calls everyone Sir and/or Ma’am.

  60. 60
    redshirt says:

    @Adam L Silverman: THE Santiago of course.

  61. 61
    J R in WV says:

    @Steve in the ATL:

    My wife was an elected union officer (aka thug perhaps?), and I was a member of CWA for most of my career. So watch your mouth!

    Without union thugs there wouldn’t be a weekend for you to miss. Or a 40 hour week with OT pay. Or vacations! So be nice to those thugs! They worked hard for you!!

    ;-)

  62. 62
    a hip hop artist from Idaho (fka Bella Q) says:

    @Adam L Silverman: I cannot count the times a witness in a criminal trial, almost always men and generally – but certainly not universally – blue collar, answered a question I asked with “yes/no, sir” and immediately apologized. I suspected it was that they reflexively responded to an authoritatively asked question with “sir” to signal courtesy. I’d reassure them that it was not offensive and after about the 10th time I started saying “it’s okay, everybody does it,” because that was so accurate. I’ll confess that it was disconcerting when I suggested an alternate date for the one offered for the next case conference that the judge said it. He was looking at his calendar (though he knew me!) instead of at me. So I said “it’s okay, everybody does it,” and the entire courtroom cracked up. The exchange was in open court, and he was truly mortified.

  63. 63
    Adam L Silverman says:

    @a hip hop artist from Idaho (fka Bella Q): That’s too funny.

  64. 64
    Steve in the ATL says:

    @Adam L Silverman:

    I have a very dark suit, some very dark ballistic grade glasses, and can be very intimidating if you need backup.

    Throw in an axe handle and you’ve got a deal

  65. 65
    Adam L Silverman says:

    @Steve in the ATL: Get with me offline about where and when you want me, as well as how we’re billing my hourly rate plus expenses.

  66. 66
    Steve in the ATL says:

    @raven:

    Flying to Midway early tomorrow!

    Go Cubbies!

  67. 67
    Steve in the ATL says:

    @J R in WV: I’m (mostly) being facetious. These guys are far more reasonable than some of the others I deal with now (*cough* IBEW NorCal *cough*) and in the past (longshoremen!).

    But I always (1) express appreciation for unions giving us weekends, overtime, safety rules, etc., and (2) vote a straight D ticket. So that puts me ahead of most management side labor lawyers!

  68. 68
  69. 69
    Adam L Silverman says:

    @redshirt: I’m not posting my consulting fees in the comments here.

  70. 70
    redshirt says:

    @Adam L Silverman: Would you accept Krugerrands?

  71. 71
    Adam L Silverman says:

    @redshirt: Yes, yes I would. Why are Ron and Rand Paul hiring?

  72. 72
  73. 73
    Mnemosyne says:

    @raven:

    You’re probably already asleep, but rikyrah says the Chicago BBQ place to go is Lem’s on 75th St.

  74. 74
    Adam L Silverman says:

    @Mnemosyne: I’ll email him.

  75. 75
    csloz29 says:

    @Adam L Silverman: Cops almost always respond either “sir” or “counselor.” Military background or no, it’s how they’re trained.

    Ben Stone was the master of turning “sir” into a slight.

  76. 76
    The Lodger says:

    @Mnemosyne: Anencephaly exists to swell the ranks of the Republican Party. You’re welcome.

  77. 77
    Donalbain says:

    There is a disappointing lack of gold fringe freeman sovereign nonsense coming out of this trial. I has a sad.

  78. 78
    Joey Maloney says:

    @lollipopguild: More like the trial scene in Kentucky Fried Movie. “Are you aware of the penile code in this state?!”

  79. 79
    Jimbo says:

    Adam – Count me in among those who look forward to you ST6 updates. Thanks for doing the work.

  80. 80

    […] Over at Balloon Juice, Adam Silverman is following the trial of the Bundy Bund, mostly from articles at the Portland Oregonian website. […]

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