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Sunday, August 20, 2017

Judge Navarro vs. the Jury – Bunkerville Retrial

Judge Navarro vs. the Jury

by Shari Dovale

Judge Gloria Navarro has had a difficult time getting the defendants and spectators to understand that Jury Nullification is, well… a bad thing. She has made her rulings. She has given her orders. She has specifically forbidden nullification from being used in the case of US v. Bundy et. al. She has not, however, said that jury nullification is illegal.

In fact, Nullification is legal. As much as Gloria Navarro would like the jurors to believe otherwise, and that they can be punished for not returning a verdict she approves of, the standard has been in place for nearly 350 years.

1670 English ruling in a case against William Penn and William Mead, the jury refused to convict Penn and Mead. This infuriated the panel of judges, who locked up the jury without food or water until they arrived at a “correct” verdict. The jury refused to change their verdict, resulting in Penn and Mead’s acquittal. 

The justices were not satisfied. They fined the jurors and sent them to prison until the fine was paid. Edward Bushell was one of the jurors who refused to pay the fine, and remained in prison as a result. He appealed his case, where a higher court overruled his punishment. 

The judge’s ruling established the enduring principle that jurors cannot be punished for their verdicts.

Jury nullification occurs when a jury returns a verdict of “Not Guilty” despite its belief that the defendant is guilty of the violation for which they have been charged. The jury in effect nullifies a law that it believes is wrongly applied to the defendant. 

There have been several noteworthy cases over the years of jury nullification. The most famous case is the 1735 trial of John Peter Zenger, charged with printing seditious libels of the Governor of the Colony of New York, William Cosby. Despite the fact that Zenger clearly printed the alleged libels (the only issue the court said the jury was free to decide, as the court deemed the truth or falsity of the statements to be irrelevant), the jury nonetheless returned a verdict of “Not Guilty.” 

In 1920, The Constitution was amended to prohibit the sale of alcohol because a majority who did not drink wished to impose their morals on the minority of citizens who did. Juries however nullified alcohol control lawsabout 60 percent of the time.

The fact that most juries would not convict on alcohol control laws made the use of alcohol widespread throughout Prohibition. Ultimately jury nullification led to the adoption of the 21st amendment repealing Prohibition. If juries had obeyed the judge’s instructions that “the law is the law,” alcohol might still be illegal today.

In 1971, 28 anti-Vietnam war activists were arrested for breaking into and stealing records from a draft office in Camden, NJ. These activists later became known as the “Camden 28”. Though all 28 defendants were initially offered a deal which would ultimately allow them to walk away with minimal penalties or jail time, each of the 28 refused the deal.

Every defendant openly acknowledged their actions before the jury. From the beginning, nullification was seen as the primary defense.

On 20 May 1973 the jury declared each and every one of the defendants Not Guilty on every count against them. This jury exercised its right of nullification to vacate more than 100 charges en masse in this single trial.

Navarro declared a mistrial in the first go around this past spring when the jury could not reach a unanimous decision on most of the charges. The jury later came out to say they did not believe the government had proven their case. However, Judge Navarro and AUSA Myhre have seemed to nearly panic at the thought the jurors may have actually been practicing nullification.

In light of the jury having been deadlocked, Judge Navarro changed the rules of the game in the government’s second bite at the apple. She has made it much easier for the prosecution, in that she has ruled nearly 100% in their favor on all major motions presented. She sustains their objections and allows them to present any evidence they feel is necessary.

In contrast, this same evidence cannot, necessarily, be refuted by the defense, as ruled again by Judge Navarro. The defense is limited to a short 40 minute window within their case, though they have been charged with acts as far out as two years later. The defense cannot bring in evidence and witnesses to prove their defense, as Judge Navarro has ruled against this, as well. 

In fact, the judge has only allowed the defense to present what is called the “mere presence” defense, in which the defendant basically claims they just happened upon the scene of the crime. This, of course, is no defense in the case of the Bunkerville standoff.

Prosecution Links Bunkerville Defendants to Timothy McVeighThe defense has attempted to impeach the government’s witnesses, and again, Judge Navarro does not allow this. She practically stamped her foot and threw a tantrum at the thought of defendant Eric Parker telling his version of events on the witness stand, and ultimately had him removed with his testimony stricken from the record.

Navarro has interpreted the law in such a way that the government cannot be wrong in any of their actions and the average citizen is never allowed to defend themselves against any government agent. Additionally, the average citizen cannot avail themselves of the Constitutional rights, such as the Second Amendment, without risk of prosecution by the Federal government, as clearly stated by Judge Gloria Navarro.

We must assume that Judge Navarro is of average, if not above average, intelligence. She must see that her rulings have been perceived as dictatorial. She has told the jury they cannot use the US Constitution and cannot even use their own understanding of the law.

She has allowed the jury to ask questions of all the prosecution witnesses, yet she has disallowed most of the questions to the only defense witness she allowed to take the stand, Scott Drexler. 

She continues to poke this bear by telling the jury not to ask some of the questions they have, such as asking about the Bill of Rights, or asking about BLM behavior. They have even been told they do not need to know why the FBI was even involved in this case.

The jury is not allowed to judge the law itself, according to Navarro, only the defendants violation of the law, as she explains it to them. She has gone out of her way to instruct the jury, or make them believe, they have no choice but find these defendants guilty.

But, I would bet that the jury has been paying attention. They have seen the defense get shut down. They have seen the prosecution given favored treatment. They have witnessed the wrath of Judge Navarro. There have been a few jury questions that indicate the jury is not happy.

If it is true that the jury has noticed what a sham this trial has turned into, then Yes, Judge Navarro is correct to be concerned about the verdict.

patriots defending the Constitution
Bunkerville, Nevada 2014
https://youtu.be/SnSRsx2685g

Thursday, August 17, 2017

PICTURES THAT TELL THE TRUTH

If the jury could see these picture the truth would be known. They would know who was really being abused.

These are just a few of the picture that tell the truth!
These are some of the pictures the government doesn't want the jury to see!























LETTER FROM ERIC

This is Eric Parker, this letter is from a year ago and this is why he went. These are words that the jury will never hear! 

*edited to add more recent statements from Steven Stewart, Rick Lovelien and Scott Drexler, the other 3 defendants* Please read for yourself their reasons for going to Bunkerville and you will understand why Navarro will not allow this in her court. 

#bundyjury

Andrea Olson-Parker


















Political Prisoner Eric Ej Parker discusses what happened on 10 Aug 2017 when his testimony was abruptly halted and subsequently ended (he will not be able to finish testifying on his own behalf).

https://www.facebook.com/IDPPF.org/videos/249530845557745/



The federal judge presiding over the Bundy Ranch retrial in Las Vegas refuses to allow any testimony or evidence alluding to the massive, military-style raid by federal agents at Bunkerville. Please share these images, repost them with your comments, and keep them in the public mind. Judge Navarro cannot dam up the truth about what really happened in April of 2014, and why so many patriots stepped up to peacefully defend a rancher's property rights.


http://21stcenturywire.com/2014/04/14/exclusive-new-images-of-blm-warzone-expose-feds-military-fiasco-in-nevada/



FIRST AMENDMENT ZONE

by Thomas Mitchell The judge in the trial of four defendants in the 2014 Bunkerville standoff with BLM agents attempting to confiscate rancher Cliven Bundy’s cattle has made it clear she will not allow a defense based on First or Second Amendment rights or claims that BLM misbehavior provoked the protest. On Thursday she cut short the testimony of defendant Eric Parker after he tried to mention in his defense testimony a “First Amendment area” the BLM had set up to isolate protesters — an area that Gov. [  301 more words ]

https://itmattershowyoustand.com/2017/08/thomas-mitchell-bunkerville-defendant-kicked-off-the-witness-stand-by-judge-for-well-defending-himself/


Judge Navarro Takes Witnesses In Bundy Trial By Jury, WITHOUT THE JURY

With the jury box empty, defense attorneys called four witnesses Wednesday in the retrial of four Bunkerville standoff defendants.

U.S. District Judge Gloria Navarro allowed three men and one woman, each of whom attended the April 2014 protest, to give proffer statements, or a preview of what they might tell a jury. But the judge ruled that jurors should not hear their testimony because none of them offered evidence of self-defense the men on trial hoped to claim.

https://overpassesforamerica.com/?p=54229


The right thing: District Court Judge Navarro denies defense ability to mention first, second amendment

http://www.tsln.com/news/the-right-thing/

Live, Right now, let's talk about the legality and importance of the Militias, with Ryan Bundy and Jared Green. The government's lead prosecutor stated in court last week, "Militias are illegal in many states."

http://21stcenturywire.com/2014/04/14/exclusive-new-images-of-blm-warzone-expose-feds-military-fiasco-in-nevada/




Restrictions placed by a federal judge on what defendants can say about being at Cliven Bundy’s ranch in April 2014 are leading to tense moments in the Las Vegas retrial of four men accused of wielding assault-style weapons to stop federal agents from rounding up cattle belonging to the anti-government figure.

Chief U.S. District Judge Gloria Navarro refused Monday to order a mistrial sought by the defense attorney for Eric Parker, a defendant who Navarro ordered off the witness stand last week before telling the jury to disregard his testimony.

Such a dramatic step involving a defendant in the presence of a jury is unusual and might draw scrutiny from the 9th U.S. Circuit Court of Appeals in San Francisco, said Robert Draskovich, a Las Vegas lawyer who said he had never heard of such a move in more than two decades practicing in federal courts. Draskovich is not involved in the Bundy case.

Outside the presence of the jury on Monday, Navarro said she hadn’t wanted to order Parker to step down.

She told prosecutors, defense attorneys and a crowded court gallery that she thought Parker was trying to invite jury nullification of charges, and deliberately “continuing to make a mockery” of court rulings she handed down before the retrial that limited the scope of defense presentations to what the men saw and did, not what they felt or why they acted.

A jury in April found two co-defendants guilty of some charges, but it failed to reach verdicts for Parker, Scott Drexler, Steven Stewart and Richard Lovelien.

Bundy, his sons Ammon and Ryan, and two other defendants are due for trial later this year. Six others, including two other Bundy sons, are slated for trial next year.

Navarro ruled that defendants can’t argue this time that they were acting in self-defense or in the defense of other protesters.

They can’t say they were motivated to drive to southern Nevada from Idaho and Montana after hearing about scuffles involving unarmed Bundy family members and Bureau of Land Management agents using dogs and stun guns.

They can’t refer to Nevada Gov. Brian Sandoval and other elected officials criticizing federal agents for creating what the Republican governor called an “atmosphere of intimidation” in the days before the standoff.

They can’t point to so-called “First Amendment zone” corrals set up for protesters well away from the Bundy ranch; they can’t cite claims of infringement on free-speech and Second Amendment rights; and they can’t refer to the decades in prison they might face if they’re convicted.

“Just because law enforcement is pointing a gun doesn’t mean you get to point one back,” Navarro said Monday.

Parker was famously photographed during the April 2014 standoff flat on his stomach on the pavement of an Interstate 15 overpass, looking down an AK-47-style rifle toward heavily armed federal agents in a dry river bed below.

Drexler is seen in a similar photo, and images show Steven Stewart carrying an assault-style rifle, but not aiming it.

Richard Lovelien also had a rifle, but his lawyer, Shawn Perez, said there is no photograph in evidence showing him pointing it at anyone.

Defense attorneys say their clients are being unfairly and unconstitutionally denied a chance to explain for jurors what they saw and heard and why they went to the Bundy ranch, where they are accused of conspiracy, weapon, assault on a federal agent and other charges.

“We need to be able to defend ourselves, to rebut, to impeach against accusations,” Parker’s attorney, Jess Marchese, protested during morning-long arguments held outside the presence of the jury now in a fourth week of testimony. “That’s why we’re here.”

Drexler was expected to take the stand in his defense, but Stewart and Lovelien said they won’t do so.

Scott Drexler Testifies in Bunkerville Retrial

by Shari Dovale

Last week showed mayhem in the Judge Gloria Navarro’s courtroom in Las Vegas. The defense attempted to call defendant Eric Parker to the witness stand to testify in his own defense.

The prosecution showed their paranoia when they began their objections nearly immediately. Judge Navarro had laid out guidelines for Parker’s testimony that focused on not allowing the Federal agents to be placed in a bad light. She has insisted that there is no self-defense allowed when the ‘victim’ is a federal agent or law enforcement officer. She claims there is no evidence that these agents used excessive force on April 12, 2014.

However, though she has allowed these agents to cry on the witness stand to emphasize their fear of the protesters, she has put her iron fist down about the defendants doing the same. Navarro allowed the prosecution to object to Parker using the words “snipers” and the “First Amendment Zone”.

Jesse Marchese, Parker’s attorney, asked him a question which went directly to refuting the testimony of Ranger Alexandra Burke. She had claimed that she saw Parker point his weapon directly at her, however, she had said that she was to his left, up near the generator near the command post.

Parker was asked which direction he was focusing on while he was on the bridge. He responded that he was looking forward at the people in the wash, and then up and to the right. He did not say that he was looking at the snipers that were up on the mesa, but objections rang through the courtroom at the possibility that he might.

This gave Navarro the excuse she needed to remove Parker from the witness stand and strike his entire testimony from the official record. This all took place last Thursday.

   

Monday morning brought several motions, including a request for sanctions from the prosecution. The defense also filed a motion for mistrial, which Navarro promptly denied.

The government claimed that the attorneys for Parker, Drexler and Stewart have violated the court’s orders to not include evidence for jury nullification repeatedly, including the closing arguments Mr. Leventhal presented in the previous trial.

The prosecution is stretching the limits with this motion for sanctions and have demanded they be allowed to preview, verbatim, each of the three closing arguments before they are presented.

Todd Leventhal, attorney for Scott Drexler, rose to the challenge and argued that before sanctions can take place, there must be a contempt charge, which will absolutely require these proceedings to be halted while the three attorneys hire attorneys for themselves.

This seemed to alarm Judge Navarro and she clearly stated that she would not impose sanctions on anyone at that time. However, during the morning’s arguments, Navarro had to tell the defense that she thought they were ‘showboating’ with their attempts to mislead the jury into nullification, and she was finding it very offensive.

Her ideas of misleading the jury focus on the defense wanting to actually defend themselves. She has denied them every available defense including self-defense, defense of others, and provocation by the government. She has said that the first and second amendments are not valid defenses.

The only defense she is allowing them is “mere presence” which means that someone who just happens to be at a crime scene isn’t guilty of the crime. This, of course, does not apply to the defendants, therefore, she is setting them up for a guaranteed conviction.

AUSA Myhre did ask for defendant Scott Drexler to proffer his testimony without the jury present, and this created a new round of arguments. Navarro eventually ruled that Drexler would not have to preview his testimony. Drexler chose to testify in front of the jury today.

   

Drexler took the witness stand after lunch.

He did very well during his testimony, which means that he did not give Navarro a reason to remove him and strike it from the record.

Drexler is from Challis, Idaho, town of about a thousand people. He did not know any of the protesters from Bunkerville before April 12, 2014, except for Eric Parker. They decided to go down to protest, though Drexler was not allowed to say how he learned of the protest or whyhe wanted to go.

He was asked about Sugar Pine Mine in Oregon during his testimony, but the prosecution immediately objected questioning the relevance of this information. Remember, the prosecution brought this evidence into the trial, now they are questioning it’s relevance.

When Drexler mentioned the helicopters at Bunkerville, the same relevance objections came from the them. Again, all evidence has been entered by the prosecution. This is the same prosecution team that thought it relevant to link the defendants to Timothy McVeigh.

Drexler was able to say that he was afraid that the government was going to kill him. This was said twice in front of the jury. Of course, it was objected to, but Drexler was not removed from the witness stand. This was more information than Parker was allowed to say before he was removed from the witness box.

This tells me that Navarro was not on her game, seemingly due to the large numbers of people in the gallery and on the courthouse steps, or she is really gunning for Parker.

The jury questions were interesting. There were about a dozen jurors that submitted questions, however, Navarro would not allow most of their questions to be asked, whether because she felt they were not relevant or because she felt it was information that had already been discussed.

This was never the standard for the government’s witnesses. The jury was allowed to ask any question they wanted. It ended up being about 4 questions that she allowed to be presented to Drexler.

Judge Navarro seems afraid to the point of paranoiaconcerning the possibility of Jury Nullification. She continuously states it in court, on the record, that the defense is going for that possibility. She does not want the jury to know about it, or to consider it.

A rally was held outside the courthouse on Monday that included a couple of hundred people that had traveled from various parts of the country. The ‘mere presence’ of these protesters seem to get under the skin of the Chief Judge.

At one point, Navarro accused the defense attorneys of taking part in a ‘charade’ of inciting the community to believe that the prosecution is conspiring against the defendants.

All this during a trial in which the defendants are on trial for conspiracy.

The defense has no other witnesses they are allowed to present. Closing arguments will begin Tuesday.


Eric's few point

https://www.facebook.com/bundyranch/posts/1432229656853838

Defense attorneys withold closing arguments in Bunkerville retrial

By David Ferrara Las Vegas Review-Journal August 15, 2017 –


Defense attorneys sat silently Tuesday, rather than give closing arguments for the four men facing a retrial in the Bundy Ranch standoff.

Hamstrung throughout the trial by a judge’s decision to limit the witnesses they could call, the questions they could ask and the testimony their clients could give, the lawyers made the final decision, a statement of sorts, after discussing the option with the defendants — Eric Parker, Scott Drexler, Steven Stewart and Ricky Lovelien — during a lunch break.

“It was a strategic decision,” said lawyer Jess Marchese, who represents Parker. “We thought we gained more by not giving a closing argument than the government giving a rebuttal.”

Assistant U.S. Attorney Nadia Ahmed spent more than two hours in the late morning and early afternoon laying out the case against each of the four men, charged with driving from other states to Bunkerville in April 2014 to support rancher Cliven Bundy, who prosecutors allege conspired to thwart the federal government’s roundup of roughly 1,000 cows from public land.

Earlier this year, another jury declared that they were deadlocked on all counts against them.

On Tuesday, the prosecutor pointed to social media posts in which the men discussed the activities in the rural southeastern Nevada town, about 80 miles northeast of Las Vegas. She played video of Bundy speaking to a crowd outside his ranch, encouraging his followers to “do what you need to do” to retrieve his cattle from the Bureau of Land Management.

At one point, Ahmed flashed a Facebook post from Lovelien written in all capital letters: “All oathkeepers and militia in proximity need to move into defcon 1 mode.”

The prosecutor repeatedly showed photos of Stewart and Parker, prone on Interstate 15 with long guns pointed toward federal agents.

“We pushed forward and they had to back off,” Stewart wrote on Facebook.

Parker was captured on video being asked whether the standoff could have turned violent. “Absolutely,” he replied.

Ahmed said the defendants’ “words, their attire, their positions and their decisions” proved their guilt. “The intention of these co-defendants is clear. They intended to threaten officers. Officers feared for their safety.”

A day earlier, attorney Todd Leventhal called his client, Drexler, to testify and say that he did not intend to threaten anyone in Bunkerville. But Drexler admitted to pointing his gun at federal agents.

“We were going to get drowned out anyway,” Leventhal said of the decision not to offer a closing argument. “And there wasn’t much more we could add.”

U.S. District Judge Gloria Navarro barred the defense from referencing constitutional rights to freely assemble and to bear arms. She also prohibited mention of alleged misconduct or excessive force by law enforcement.

Stewart’s lawyer, Rich Tanasi, agreed with Leventhal.

“It was the best decision available to us at the time,” he said.

The lack of a final statement from the defense left acting U.S. Attorney Steven Myhre without a rebuttal, a common feature of jury trials. Prosecutors have the right to argue last because they are charged with the burden of proof.

 Shawn Perez, who represents Lovelien, added defense closing statements could have backfired.

“We were going to get hammered on rebuttal,” he said. “We would have been slammed one way or another.”

As the six men and six women on the jury began to deliberate, about 30 supporters of the defendants gathered in a circle on the seventh floor, just down the hallway from the entrance to Navarro’s courtroom.

The group held hands, knelt and prayed for “divine protection” for the “political prisoners” who have been locked up through both trials.