Thomas Mitchell: A jury of their peers? Hardly

A federal jury is set to begin hearing opening statements Tuesday in the trial of four defendants in the Bunkerville standoff.

There are six women and six men on the jury and there are four alternates, three men, and a woman.

The judge said the trial is expected to take four months. A number of potential jurors were dismissed because they could not take four months out of their lives to devote to the trial. How many people can or are willing to? Is it a jury of their peers?

On trial is rancher Cliven Bundy, 71, sons Ammon Bundy, 42, and Ryan Bundy, 45, and a self-styled militia member Ryan Payne, 34, who showed up to protest the confiscation of Bundy’s cattle by the BLM. They are charged with conspiracy, extortion and various firearm charges. They have all been jailed for going on two years.

How can 16 people be found who can devote a third of a year of their lives to sitting in a jury box listening to tedious and repetitious testimony who are presentative of the population as a whole? It is not possible. The jurors are by definition outliers.

The jurors were asked 110 questions about their opinions on guns, protests, ranching, familiarity with the case, etc. Who but a hermit hasn’t heard of the case? Who doesn’t have opinions on guns, protests, and ranching?

Peers? Hardly.

Federal courthouse in Las Vegas (AP pix)

According to The Oregonian, the jurors include:

— An Oregon native who moved to Nevada about four and a half years ago. She said she used to spend time in the Portland, Bend and Sunriver areas before moving to Nevada, where she enjoys the weather.

— A man who works at Mandalay Bay Resort and Casino and was there when the Oct. 1 shooting occurred and was escorted out of the casino at the time. He’s lived in Nevada for 25 years and said he likes the entertainment and slow place.

— A Texas native who said he’s lived in Nevada for nine years.

— A Nevada native who has spent 35 of his 45 years in the state. He said he liked Las Vegas for its 24-hour lifestyle.

— A woman who has lived in Nevada for 25 years, and during questioning, said she felt protests have become more violent in recent years.

— A Nevada native who recalled that her high school graduation was held at the Las Vegas convention center.

— A Minnesota native who said she has lived here about 30 years and likes the weather.

— A Nevada native who cited some “mild reservations” about repercussions to her family from serving on a jury in this case.

— A New Mexico native who said she enjoys the city parks and dog parks in the Las Vegas area.

Among the alternates is:

— A man who was questioned often about having seen some campaign literature that mentioned Cliven Bundy. The man said his step-uncle tried to show him the flier and believed Cliven Bundy was innocent. But the man said he wasn’t interested in looking at it. He also said he didn’t know much about the case. He raised his hand when Ryan Bundy asked if jurors understood what a “redress of grievance” is and he voiced his opinion that he doesn’t think an average person should have a “weapon of terror.”

— A man who said he understands there’s a constitutional right to bear arms, but that over time, amendments are adopted that reflect changes in the environment or society.

Posted in Ammon Bundy, BLM, Bundy Ranch, Cliven Bundy, Court, Editorial, FBI, Jury Selection, Land, Las Vegas, Ryan Bundy, Ryan Payne, Thomas Mitchell.

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