DISMISSAL IS CONSIDERED an extreme remedy for prosecutor misconduct. Judges often declare a mistrial but let the indictments stand, thus allowing prosecutors the option of taking the case before another grand jury.
As Myhre noted in his brief, the Chapman case seems to be the only ruling in which the 9th Circuit has ever upheld outright dismissal of indictments due to prosecutorial misconduct. And Navarro found plenty of similarities when comparing Damm’s misconduct in Chapman to Myhre’s actions in the Bundy trial.
As in Chapman, Myhre and his office failed to turn over hundreds of pages of evidence, particularly FBI reports, logs, maps, and threat assessments, Navarro found. And, like Damm, Myhre and his office made “several misrepresentations” to the defense and the court, both about the existence of certain evidence and its importance, she ruled.
In one instance, Navarro said, the prosecution made “a deliberate attempt to mislead and to obscure the truth.” At the mistrial hearing in December, she criticized Myhre for calling an internal affairs report about one of the Bundy investigators an “urban legend.” When the report surfaced, Myhre told the court his “urban legend” comment was “based on the government’s inability to verify its existence, let alone find it,” and not an attempt to deceive.
“Illegal migrants, human traffickers, and drug smugglers, whether crossing by foot or using vehicles cause substantial damage to the natural and cultural resources found on federal lands. Tremendous amounts of human waste and garbage are left on borderlands every year. Medical supplies, diapers, clothing, and even broken-down cars are all left behind.”
On February 9, the House Committee on Oversight and Investigations held a hearing on existing regulatory impediments to securing the southern border. One of the topics addressed is the checkerboard of ‘sensitive’ wildland designations in states along the border with Mexico. The Border Patrol and other law enforcement agencies are unable to gain ‘operational control’ of large regions of the border due to such designations and their accompanying prohibitions on access.
Federal Judge, Gloria Navarro’s dismissal of the Bundy Ranch trial last December was attributed in large part to explosive revelations of misconduct, and ethical and legal violations in a letter written by Bureau of Land Management (BLM) agent Larry ‘Clint’ Wooten, to Deputy Attorney General Andrew D. Goldsmith, the National Criminal Discovery Coordinator. The descriptions of unprofessionalism, sexism, and conspiratorial motives in the letter were so shocking that they tanked the federal prosecution’s case. The 18-page letter also contains damning accounts of unconscionable behavior and acts perpetrated by BLM Special Agent in Charge (SAC), Dan Love, which have been largely overlooked by media.
In memo to Interior employees, deputy secretary makes example of controversial ex-Utah BLM lawman Dan Love, vow to clean up land agencies and protect those who report abuse.
A top Interior Department official has singled out the recent firing of a controversial Bureau of Land Management agent over Utah to illustrate a renewed commitment to hold accountable senior employees who misuse their official positions and to protect those who report such abuse.
Dan Love, who once led law enforcement for the BLM’s Nevada and Utah state offices, was fired not long after an Aug. 24 report from Interior’s Office of Inspector General (OIG) faulting him a second time for official misconduct, according to a memo circulated Friday by Deputy Secretary of the Interior David Bernhardt.
ST. GEORGE — The Utah Wildlife Board voted Thursday to allow an additional 50 hunting permits for cougars to be issued in the upcoming 2017-18 hunting season.
The motion to increase the number of permits from 531 to 581, several of which include areas in Southern Utah, was approved unanimously in a public meeting in Salt Lake City by the board, which is composed of seven citizens appointed by the governor.
Thursday’s decision followed an extensive period of public comment during which the proposal received criticism from wildlife advocates and support from hunting associations and livestock industry representatives.
In a presentation at the meeting, Darren DeBloois, game mammals coordinator for the Utah Division of Wildlife Resources, said the increase in hunting permits coincides with an observed increase in the cougar population as the state’s mule deer population also rises.
A federal judge on Thursday set an October trial date for seven Bunkerville standoff defendants, including rancher Cliven Bundy.
Meanwhile, a group of lawmakers in Idaho, where at least five defendants lived before being arrested, are asking U.S. Attorney General Jeff Sessions to release the four Idaho defendants who remain in custody.
An Aug. 29 letter authored by Idaho Rep. Dorothy Moon, a Republican, and signed by 38 other state legislators references recent acquittals in the case. A copy of the letter, addressed to Sessions, was sent to President Donald Trump.
“Further exploitation of these citizens would be an affront to justice and notice to the public of prosecutorial harassment,” the letter states.
Steven Stewart of Idaho and Ricky Lovelien of Montana were found not guilty in August during a retrial in which Scott Drexler and Eric Parker, both Idaho residents, were acquitted of a majority of charges they faced.
Although an outside company exerting influence on local police may not seem compatible with good governance, there are hidden advantages to insurers’ monitoring police departments and suggesting improvements. For one, insurance companies are apolitical. “I think the debates about policing have become so fraught and so inflammatory,” Rappaport told me. “To have this big, well-heeled institution saying, ‘We’re not interested in that debate, we just want to get those numbers down’—it can make reform more palatable because it takes the electricity out.”
Cash-strapped cities, meanwhile, can benefit from the services offered by liability insurers, from police training sessions and applicant screening to data-driven insights gleaned from the insurer’s work with other municipalities. In Irwindale, there were biweekly meetings with an outside risk manager; hundreds of hours of training sessions for police officers on topics like sexual harassment and use of force; and outside reviews of all internal-affairs investigations. The department had 18 months to clean up its act in order to keep its coverage. “I’ve never seen such a thing in my whole career,” Miranda said. “I’m going on 27 years.”