Defense lawyers said they learned for the first time on Tuesday of two federal officers dressed in camouflage and armed with AR-15 rifles posted outside the Bundy residence at night before the April 12, 2014 standoff.

That information was contained in a written report that they received from the U.S. Attorney’s Office in preparation for Wednesday’s hearing on disputed discovery evidence.

Maxine Bernstein

The Oregonian

LAS VEGAS — Prosecutors in the Bundy trial must provide information by noon Saturday on all armed federal officers who did surveillance outside the Bundy ranch and any cameras capturing images of the Bundy home between March 1 and April 12, 2014, a judge ordered Wednesday.

The information must be turned over to the defense.

It could help Cliven Bundy, sons Ammon Bundy and Ryan Bundy and co-defendant Ryan Payne challenge the allegation that they used “deceit and deception” to encourage supporters to come to the ranch by saying the house was surrounded, federal snipers were outside the home and the family felt isolated.

Defense lawyers said they learned for the first time on Tuesday of two federal officers dressed in camouflage and armed with AR-15 rifles posted outside the Bundy residence at night before the April 12, 2014 standoff.

That information was contained in a written report that they received from the U.S. Attorney’s Office in preparation for Wednesday’s hearing on disputed discovery evidence.

“Wouldn’t it be important for the defense to know FBI agents are overlooking the Bundy residence with an AR-15?” asked Brenda Weksler, one of Payne’s defense lawyers. “How do we not have this until yesterday?”

Nevada Acting U.S. Attorney Steven W. Myhre said it shouldn’t fall on the government to point out information that the defense may be interested in among the more than 23,000-pages of discovery turned over to defendants.

The Bundys and Payne are on trial on 16 charges in the armed standoff with federal rangers near Bunkerville.

Myhre also argued that defense requests for more information are being made too late and characterized them as a “tactic for delay.” He said he still didn’t understand why the information is material to their defense.

“That information is in there. They need to find it,” he said.

Weksler countered that there were no prior reports shared or testimony in two past trials of co-defendants about federal officers with rifles posted outside the Bundy home.

Read the full report here


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