Burns Chronicles No 28 – Public Trial – Mistrial? – What stinking Mistrial?
Burns Chronicles No 28
Public Trial
Mistrial? What stinking Mistrial?
Gary Hunt
Outpost of Freedom
September 19, 2016
A rather interesting what, and from a lay standpoint unjust, occurrence, happened both in the paper chase (at this point, nearly 1300 docket entries) and in the courtroom. It had to do with the testimony of the government’s first witness, Harney County Sheriff David Ward. It was a Motion for Mistrial.
An interesting note on the Motion is that we obtained a copy shortly before it was “SEALED”. This led to the admonishment that is addressed below.
It all began on the 2nd day of the trial (Wednesday, September 14), during cross-examination by Ammon Bundy’s attorney, Marcus R. Mumford is questioning Sheriff Ward. Here are excerpts from the Motion, taken from the rough-draft transcripts:
Q. And you had conducted some investigation, into Bunkerville?
A. I had.
Q. And did that investigation come – that was in the process of those meetings that you had with the U.S. attorney, and the FBI?
A. I had – I had gone on to the Internet and googled it, it’s amazing what you can find on there.
I found videos from the things that happened at Bunkerville. I – I looked at a lot of different – lot of different things that happened, throughout that incident. And the thought that have happening in my community scared the hell out of me, where I saw armed people lined up on both sides, advancing, you know, with – with one side advancing against another.
I had learned some of unstable people who had left that situation, and killed two police officers, while they were eating lunch in a restaurant.
I think that there are – there are a lot of circumstances I was attempting to avoid in my community, sir.
Then, Mumford asked that some of Ward’s testimony be stricken:
MUMFORD: Your Honor, I would move to strike that.
THE COURT: Move to strike what, sir?
MUMFORD: The nonresponsive part of the –
THE COURT: I don’t know what you identify as nonresponsive.
The answer seemed responsive to your question, so be specific.
MUMFORD: Okay. Well – I think it was a yes-or-no question, your Honor.
THE COURT: Is there another objection?
Mumford, failing to make any progress, is simply abandoned by Judge Brown. However, Ryan Bundy, acting pro se (representing himself), jumps in, once the Judge recognizes that he, too, has an objection.
DEFENDANT RYAN BUNDY: Yes, my objection, your Honor, hearsay, there, it alludes to events that were not necessarily related to – to the situation.
THE COURT: The court reporter is not hearing you, Mr. Bundy, because of your microphone not being on.
Would you –
DEFENDANT RYAN BUNDY: The mic is on.
THE COURT: Let’s try again. The court reporter wasn’t hearing, would you please restate your objection?
DEFENDANT RYAN BUNDY: Yes, hearsay.
He’s tying in persons that were not involved it (pause, conferring.)
Prejudicial, I change that to prejudicial.
About the folks supposedly killing people that were not associated with us.
THE COURT: Jurors, I’m going to ask you to disregard the witness’s references to events that occurred in Nevada that had to do with the police officers being killed, and whether they were or weren’t associated with Bunkerville.
The answer generally was responsive, in that it reflected the witness’s state of mind, but you’re not to consider that particular part of his answer in any part of your consideration of this evidence.
Now, the transcript is a “rough-draft transcript”, and we are told that there was an Order made by the Judge, referencing “Court’s Sealed Order 1141”. Then, she goes on to admonish Mumford for using quotes from the “rough-draft transcript” in his Motion.
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