By January 12, 2017 at 1:02 PM
Marcus Mumford's attorney wants to review the personnel files of each deputy U.S. marshal who tackled his client and then stunned him with a Taser in the courtroom after the acquittal of refuge occupation leader Ammon Bundy.
The attorney also wants all emails between the marshals that mention Mumford during last fall's trial.
The requests are part of a wide-ranging motion by attorney Michael Levine for evidence as Mumford prepares to challenge charges that he didn't follow the lawful direction of a federal police officer and disrupted official government duties, both misdemeanors.
Mumford is expected to argue that there was a "pattern of overreaction'' by marshals who "initiated conflict unnecessarily'' during the case, according to court documents.
A hearing on pretrial motions is set for 9 a.m. Feb. 15.
Mumford, who represented Bundy during a five-week trial, was arrested Oct. 27 in U.S. District Court in Portland shortly after the judge announced the jury's verdict acquitting Bundy and six co-defendants of conspiring to prevent federal employees from doing their work at the Malheur National Wildlife Refuge. Bundy and armed followers took over the refuge Jan. 2, 2016, in a protest of federal management of the land.
Marshals tackled Mumford as he questioned the government's authority to continue to hold Bundy on federal charges pending in Nevada and demanded to see paperwork to back it up. Once he was down on the courtroom floor, he was stunned with a Taser, he and his lawyer said.
According to a probable cause statement, the marshals said they moved to escort Bundy out of the courtroom when Mumford positioned his body to block them and began yelling in protest. When Mumford became more agitated, "flailing his arms and raising his voice even louder'' and exhibiting "pre-assault indicators,'' they moved in.
In his motion, Levine has asked for any photo taken of Mumford by the marshals after his arrest, all policies of the U.S. Marshals Service concerning use of force and the use of Tasers in the courtroom, all reports or memos relating to the use of the Taser against Mumford and courtroom security policies and procedures in place during Bundy's trial.
In his request for the marshals' personnel files, Levine asked for any information relevant to bias or previous reports of excessive use of force or lack of honesty.
The motion identified the marshals in the courtroom at the time and involved in Mumford's arrest as: Barbara Alfano, Brian Kelly, Troy Gangwisch, Erik Helsing, Luis Lopez, Timothy Barnard, Robert Endresen, Chad Myers and Colin Fawcett.
Mumford and his lawyer are also seeking any video or audio recording of the courtroom encounter as well as marshals' reports or emails in an earlier encounter on Oct. 17 during a break in the Bundy trial when marshals accused Mumford of "threatening them."
They're also seeking any records related to a meeting that U.S. District Judge Anna J. Brown had with jurors after Mumford's arrest and the end of Bundy's trial "wherein Judge Brown described the events in the courtroom leading to Mr. Mumford's arrest.''
-- Maxine Bernstein