The Bundy Gang began their defense today against charges of Conspiracy to Impede Federal Workers during the Gang’s takeover of the Malheur Wildlife Refuge, earlier this year.
They continued their efforts to poison the proceedings and trigger a mistrial, by attempting to steer witnesses’ testimony into prohibited areas.
The Judge has already ruled against any mention of the killing of LeVoy Finicum, and against trying to raise “adverse possession” as a defense. Adverse Possession refers to the ability to acquire land by openly occupying it for years, for instance if your driveway actually extended a foot in to your neighbor’s property. The Bundy Gang wanted to assert they can legally take over federal government land by actually sitting on it for a spell.
The very first defense witness began by complaining about how she didn’t trust the FBI because they’d lied about the shooting of Finicum. An angry Judge Brown abruptly sent the jury out of the room and lectured the defense lawyer, and their witness, about the risk of a mistrial by dragging in the Finicum matter.
In another instance, Marcus Mumford, Ammon Bundy’s lawyer, tried to ask a Fish and Wildlife agency witness if they’d ever “served” a notice onto the Bundy Gang during the occupation. In some alternative legal universe, the failure to serve the Bundys with a notice to leave, would shore up the “adverse possession” defense. But in today’s Court, the Judge upheld the Government’s objection to that query, and and scores of similar objections to the defense’s, and Mumford’s, irrevelent questions. Ryan Bundy, who is defending himself, looked polished next to Mumford’s flailing.
The defense then recalled several FBI agents to the stand, and began querying them about the exact dates they became aware of the building tensions in Harney County over the resentencing of the Hammonds, local ranchers who were convicted of arson.
The defense’s apparent tactic is to illustrate the FBI was after them in November 2015, before they did anything wrong in Oregon. This may be a convoluted potential lead-in to an entrapment defense. The defense often followed up on those questions with pointed inquiries about recent testimony that the FBI had paid about $11,000 to three folks who were informing on the Bundy Gang.
The Defense then called Eli Majors, a local resident, whose purpose was to testify that the occupiers seemed happy, just a few people were actually carrying AR-15s, and no one pointed a gun at him.
Majors wore a New York Mets T-shirt for his appearance on the stand, in sharp contrast to the FBI agenys wearing formal suits.
Majors’ short-sleeved t-shirt failed to conceal his many tattooes, and his admission of a recent felony burglary conviction may have eroded his credibility.
What’s still unknown is whether any of the defendants will take the stand, including Ryan Bundy, who is acting as his own attorney.
I spent what may be the last sunny day in Oregon for the rest of the year, cooped into a dark court room, listening to Mumford’s painfully slow cross-examinations, just to give DKossers the current news they deserve. So feel free to Rec!!
I’ll respond to comments off and on all evening, depending on how dinner preparation goes. If there’s fresh lettuce in the garden, then no trip to the grocery store, Yeh!