-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
The woman FBI informant testified today. What drives these people to inform on their fellow man?
Kelli Stewart
added 14 new photos — with Angie Huntington Bundy and 2 others.
6 hrs ·
**UPDATED WITH NEW INFO FROM SHERIFF WARDS COUSIN WHO TESTIFIED FOR THE DEFENSE AND MATTHEW DEATHERAGE WHO ADMITTED ON THE STAND HE WANTS JUDGE IMPEACHED.....Ken M on the stand now.
***So far today, Terri Linnell/FBI Informant took the stand and then Angie Bundy and David fry's psychiatrist, shawna cox's Husband and cousin, Vicky Davis and Janalee Tobias. I will not judge Terri for choosing to be a spy against her own American people, but please make no mistake I have nothing to say to her while this trial is still underway because I do not trust her and do not want my words being turned around and used to set me up like she did with Ammon and LaVoy. Her words and lies were very damming imo. They were not going to 'take over another building' and her lies along with Mark's only furthered the fbi's justification of the ambush. Please, to anyone choosing to support her, keep her away from me in Portland and let's pray we hear a Not Guilty verdict when this is all over.
https://fbcdn-sphotos-e-a.akamaihd.n...1024e55a7d3289
https://scontent-mia1-1.xx.fbcdn.net...a2&oe=58A349AE
https://fbcdn-sphotos-e-a.akamaihd.n...3b94056b729104
https://scontent-mia1-1.xx.fbcdn.net...d1&oe=58A113BF
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Malheur Protest trial resumed today. Oregon Live report
http://www.oregonlive.com/oregon-sta...testimony.html
http://image.oregonlive.com/home/oli...atars/4406.pngBy Maxine Bernstein | The Oregonian/OregonLive
Email the author | Follow on Twitter
on October 11, 2016 at 12:51 PM, updated October 11, 2016 at 3:08 PM
Defense resumes with testimony on FBI informant, David Fry's mental eval and 'ugly guns'
The defense case in the Oregon standoff trial continued Tuesday with testimony from a San Diego woman who was paid $3,000 by the FBI to serve as an informant.
Terri Linnell said she received a call from an FBI agent in San Diego asking if she'd be willing to go to the Malheur National Wildlife Refuge to report her observations and keep an eye out for any illegal activity occurring there.
"They asked me to just be myself,'' Linnell testified.
She described herself as a longtime protester who had gotten to know an FBI agent in San Diego about six months earlier on an unrelated case.
Linnell said she was asked to report back on six people: Ammon Bundy of Emmett, Idaho, Ryan Bundy of Cedar City, Utah, Ryan Payne of Anaconda, Montana, Blaine Cooper of Dewey-Humboldt, Arizona, Jon Ritzheimer of Peoria, Arizona, and Joseph O'Shaughnessy of Cottonwood, Arizona.
Ammon Bundy led the Jan. 2 armed takeover of the bird sanctuary in eastern Oregon. The Bundy brothers are on trial with five others on a conspiracy charge alleging that they impeded federal workers from doing their jobs at the refuge using force, intimidation or threats. Payne, Cooper, Ritzheimer and O'Shaughnessy all pleaded guilty earlier in the case.
Linnell testified that she cooked and cleaned during her stay from Jan. 12 through Jan. 23 at the refuge. She said she didn't see defendants Neil Wampler, Shawna Cox or David Fry carrying guns and described Cox as serving in an "administrative assistant'' role, not as a leader of the occupation. She said there were no drugs or alcohol there.
Yet Assistant U.S. Attorney Geoffrey Barrow pointed out during cross-examination that Linnell had reported to the FBI on Jan. 14 that she heard talk among people at the refuge about "taking over another federal facility in Burns.''
"What?'' Linnell asked. "What report are you looking at?''
Barrow read from the report again and asked if she also recalled telling the FBI on Jan. 19 that there were children staying at the refuge and that she and others were uncomfortable with that.
"I said it wasn't appropriate. They weren't in school,'' Linnell responded.
Barrow asked if Linnell had reported back to the FBI on Jan. 21 that people at the refuge were carrying rifles while conducting regular patrols?
"Some, not all,'' Linnell said, adding that a few people had "little six shooters.''
"You reported there were sovereigns at the refuge and that caused you concern?'' Barrow asked.
Linnell said she was concerned because she had heard some people saying they could authorize others to become U.S. marshals.
"You reported to the FBI because it was important, right?'' Barrow said.
Linnell responded that the FBI asked her a lot of "irrelevant questions.''
Per C. Olson, defendant David Fry's court-appointed attorney, asked Linnell if she was told to report any illegal activity to the FBI. She said she was.
"Did you see any?'' Olson asked.
"No,'' Linnell replied.
Several different defense lawyers called witnesses Tuesday, the start of the fifth week of the case.
Ryan Bundy, Ammon's older brother who is representing himself, became emotional as he called his wife, Angela Bundy, to the stand. He had to pause for several minutes before he could ask his first question.
"You're my wife, right?'' he asked.
She said she was.
"We've been married just shy of 19 years?'' Bundy asked.
"Shy of 18 years,'' Angela Bundy corrected, drawing laughter.
"Ladies and gentlemen, please,'' U.S. District Judge Anna J. Brown said to the courtroom crowd, asking Ryan Bundy to continue.
Ryan Bundy established through his wife that he came to Burns on Jan. 2, a Saturday, with Robert "LaVoy" Finicum, who became the refuge occupation spokesman.
"What were my plans on returning?'' Bundy asked.
"You told me you'd be home Monday, at the latest,'' Angela Bundy said. "I think I packed you one change of clothes.''
His wife testified that she expected and wanted her husband back at home. "Yes, you had duties within the church and duties as my husband and father of our kids,'' she said.
Tiffany Harris, Cox's standby attorney, called Cox's cousin, Sheila Dutton of Hurricane, Utah, and Cox's husband, Donald Cox, of Kanab, Utah, to testify.
Dutton said Shawna Cox picked her up about 6 a.m. on New Year's Day to drive the 12- to 15- hour trip to Burns. She said they attended a protest in support of Harney County ranchers Dwight Hammond Jr. and son Steven Hammond, who were facing a return to federal prison on Jan. 4 to serve a minimum mandatory five-year sentence for setting fire to federal land.
Cox had called Dutton about 9 p.m. the night before, she said, to ask ito accompany her on a trip to Burns. Cox's husband said his wife was reluctant to go because of his poor health but he encouraged her to do so.
"It was only going to be a few days,'' Donald Cox said.
Dutton described the protest in Burns as a "walk around the block'' and said she was with Cox the entire time. Neither attended any planning meeting regarding the refuge takeover, she testified. But Dutton said she did drive out to the refuge with Cox.
She said they thought, "We've driven this many miles ... we might as well see what started this whole thing.''
Dutton left the refuge and went home on Jan. 4. Cox stayed until her arrest Jan. 26.
A forensic psychologist who evaluated defendant David Fry testified that she met with him three times and diagnosed him with schizotypal personality disorder, marked by extreme paranoia and a sense of hopelessness.
She said Fry heard a voice that told him to go to the refuge.
"He felt the voice told him Mr. LaVoy Finicum would not survive this incident and he wanted to meet him,'' said Michelle Guyton, co-owner of Northwest Forensic Institute. "He felt it was giving him a premonition.
That happened just before he came out to Oregon.''
Guyton testified that "there was a clear shift'' in Fry after Finicum was shot and killed by state police on Jan. 26 during a confrontation off the refuge.
Fry's concern that he was going to be harmed and killed intensified and he talked about the "end of times,'' she said.
Others who testified included Janelle Tobias, a gun rights organizer who is part of Women Against Gun Control and an environmental group Safe Open Space. She has a bachelor's degree in communications and public relations from Brigham Young University, she said.
"So you're both a tree hugger and a Second Amendment'' advocate, asked defense lawyer Lisa Maxfield, who represents defendant Neil Wampler.
Tobias said she went to the refuge on Jan. 7 and had a meeting the next day with the Bundy brothers and Finicum. She said she was concerned about the perception people would have from the display of "long guns and ugly guns'' at the refuge.
"When people see long guns and ugly guns they were being perceived as the aggressor,'' Tobias said she told the occupation leaders.
During cross-examination, Barrow asked whether in Tobias' opinion, the world would perceive the occupiers with long guns as threatening or intimidating?
"Yes,'' she said.
But on redirect, Tobias added, "I believe they were there to educate people about the Hammonds and the Constitution and they were not the aggressors at all.''
Another defense witness Vicky Davis, who said she wrote for "Voice of Idaho,'' testified that while visiting the refuge on Jan. 4, she saw a man wearing a U.S. Fish & Wildlife Service uniform get into one of his agency vehicles.
But when asked during cross-examination to describe the uniform, Davis' description was general, saying it looked like a brown "outdoor jacket'' that resembled that of a ranger.
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Kenneth Medenbach testifies that the Bundys are his heroes . . . . . . . .
http://www.oregonlive.com/oregon-sta...es_that_t.html
http://image.oregonlive.com/home/oli...atars/4406.pngBy Maxine Bernstein | The Oregonian/OregonLive
Email the author | Follow on Twitter
on October 11, 2016 at 6:55 PM, updated October 11, 2016 at 7:19 PM
Ken Medenbach testifies that the Bundys are his 'heroes,' and he's exactly where he wants to be
http://image.oregonlive.com/home/oli...115486d164.jpg
Ken Medenbach, the lone Oregon resident on trial on federal conspiracy charges stemming from the seizure of the Malheur National Wildlife Refuge, told jurors Tuesday he's exactly where he wants to be, preaching about his views on land rights in a federal courtroom.
He called the Bundys his "heroes'' for the "bold move'' they made in the 2014 standoff with federal officers near patriarch Cliven Bundy's ranch near Bunkerville, Nevada. Medenbach noted that he's been fighting "the same things they were fighting.''
"The federal government doesn't have authority to own land in the states,'' Medenbach said.
And like Ammon Bundy, Medenbach added, "I've been called by a higher power to do what I'm doing.''
Medenbach, 63, has pleaded not guilty to conspiring to use threats, intimidation or force to prevent federal employees from the U.S. Fish and Wildlife and U.S. Bureau of Land Management employees from doing their work during the occupation of the federal bird sanctuary in eastern Oregon.
He's also pleaded not guilty to theft of government property: a U.S. Fish and Wildlife Service pickup truck that he admitted on the stand to driving to pick up groceries at the Safeway in Burns on Jan. 15, before his arrest.
"It didn't matter to me being arrested because I'm where I want to be right now,'' Medenbach said. "I've been waiting 21 years to be where I'm at right now.''
His standby counsel Matthew Schindler led Medenbach through his long history of challenging the government's control of land, starting with his 1988 construction of some cabins and an outhouse on five acres of land he bought for $700 northeast of Crescent City, without obtaining any permits from Klamath County.
He continued through the mid-1990s, erecting cabins on what he called "alleged BLM land,'' and ignoring notices from the federal agency to remove them. He said he tried to stake claim through adverse possession to a parcel of U.S. Forest Service land in the Gifford Pinchot National Forest in southern Washington in 1996 by putting up a small cabin on the property.
Responding to questions from his defense lawyer, Medenbach pointed out that the federal and county agencies usually took civil action against him for his land protests.
Medenbach said he went to Burns on Dec. 30, planning to participate in the Jan. 2 rally in support of Harney County ranchers Dwight Hammond Jr. and Steven Hammond, who were set to return to federal prison on Jan. 4 to complete a minimum mandatory sentence of five years for setting fire to federal land.
Taking over the Malheur National Wildlife Refuge, he said, was an extension of his years of protests against federal government overreach. It didn't matter to him that he was on pretrial release from federal court in Medford, with a condition that he stay off federal lands, he said.
"I knew there'd be like-minded people there, and I knew I'd get along with them,'' he said.
He acknowledged he ordered "Closed Permanently'' signs from a company in Burns, and put them over the front sign and door of the federal Bureau of Land Management district office in Hines. He also ordered "Harney County Resource Center'' signs to replace the refuge signs.
Why? "To let the local community know they're going to be getting their land back pretty soon,'' he said.
He changed the decals on U.S. Fish and Wildlife Service trucks at the refuge, helped drive heavy refuge equipment over to a fence that other occupiers cut down and drove a government pickup truck to the Safeway in Burns to get groceries when state police arrested him.
"Did you believe at any time the refuge was yours?'' Schindler asked.
"No,'' Medenbach said.
"It was all about giving the land back to the people of Harney County,'' he added later.
When Medenbach watched Oregon Congressman Greg Walden's address on the floor of the House about the refuge takeover, Medenbach testified, "I started crying.''
During cross-examination, Assistant U.S. Attorney Craig Gabriel pointed out that Medenbach since 1988 has lost all his motions in court.
Gabriel further noted that the federal judge who handled Medenbach's most recent trial in Eugene in which he was convicted of illegally camping on federal property ruled that a person may not claim title to federal government land by the principle of adverse possession.
"That's just his opinion. He doesn't have the power to interpret the Constitution,'' Medenbach responded from the witness stand.
Gabriel questioned Medenbach further. "You knew federal employees worked'' at the refuge, correct?
"Yes,'' Medenbach answered.
Gabriel showed jurors one of Medenbach's Facebook posts in January, in which he shared a photo of the new signs he had installed at the refuge that read. The post read, "224 years of federal government oppression. Might makes right, until the Bundy stand, now with 200 militia at the Harney County Resource Center and 2000 more if the FBI moves in, might makes right.''
Medenbach called his post a "poor choice of words,'' and said no harm was intended.
'I've been waiting 21 years to be where I'm at right now.' -Medenbach
The prosecutor pointed out that Medenbach's past demonstrations occurred on "empty land,'' that unlike the refuge, had no government buildings, no offices, no vehicles and no employees using the property at the time.
Defense Calls Cousin of Harney County Sheriff
Earlier Tuesday, one of Ammon Bundy's defense lawyers called a cousin of Harney County Sheriff Dave Ward in an attempt to impeach the sheriff's earlier testimony.
Rodney Glen Cooper, of Veneta, Oregon, testified that he visited the sheriff twice in January "to find out what is going on out there.'' Ward's grandmother and Cooper's father are siblings, he told The Oregonian/OregonLive after court.
On his first visit with Ward on Jan. 18, he said he inquired about the concept of being a "constitutional sheriff.'' After that visit, Cooper said he visited the refuge, and met Ryan Bundy.
During a second visit with Ward, Cooper said the sheriff shared with him his feelings about Ammon Bundy and Ryan Bundy.
Cooper characterized Ward's position like this: "He said he was about 90 percent with what they were doing, and if they could have been on different circumstances, they could have been good friends.''
"On Jan. 25, did Sheriff Ward tell you he did not feel threatened by the Bundys?'' defense attorney J. Morgan Philpot asked.
"Yes, he did,'' Cooper answered.
Ward had previously testified during the government's case that Ammon Bundy had made repeated ultimatums to him that if he didn't prevent the Hammond ranchers from returning to federal prison, there would be extreme civil unrest in his county.
Cooper said on the stand he had two burning questions for his cousin when he traveled to Burns, but a prosecutor objected, and the judge sustained the objection.
After he left the stand, Cooper told The Oregonian/OregonLive that his questions to Sheriff Ward were these: "If you were 90 percent with the protesters, what was the 10 percent that kept you from supporting their cause?'' and "Did you ever contact (Texas) Gov. Greg Abbott?''
Abbott had supported Cliven Bundy's standoff with federal land management officers in Nevada when he was then Texas attorney general.
In other testimony Tuesday, Coos Bay resident Matthew Deatherage, who had sat in on trial testimony for at least three days, was called by the defense to testify about his time at the refuge. During direct testimony, he said he arrived Jan. 16, was at the boat launch when "target practice'' occurred and participated in Delta squad.
"Honestly, it was the first time I ever felt community,'' Deatherage testified.
On cross-examination, Deatherage maintained he simply served as a "gatekeeper,'' at the refuge but a prosecutor wasn't about to accept that.
"You sat at the front gate with a gun?'' Assistant U.S. Attorney Geoffrey Barrow pointed out.
"You sat at the back gate with a gun, and you were in the tower with a gun?'' Barrow continued.
"Rarely, did I have a gun,'' Deatherage responded.
Barrow then introduced a zinger: Isn't it true, he asked, that Deatherage posted a petition recently on charge.org to impeach Judge Brown?
"That's my duty as an American citizen,'' Deatherage said, seated in the witness stand beside the judge.
"Because you alleged she's unfit to be a federal judge?'' Barrow asked.
Schindler and defendant Ryan Bundy objected to the line of questioning, citing relevance.
"It has to do with his bias,'' Barrow explained. The judge overruled the objections.
"I've seen an obvious bias towards the defense...utter disrespect towards them,'' Deatherage testified, noting that the judge prevented defendant Ryan Bundy from handing out pocket Constitutions to jurors.
The judge simply took notes and didn't show any response. The defense could rest as early as Thursday or Friday.
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
John Lamb with a short 2 minute video report Maheur Protest trial Oct. 11
http://youtu.be/GT2xNLXePv0
https://youtu.be/GT2xNLXePv0
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Shari Dovale Redoubt News "Excitement in the Courtroom - Malheur 7. Oct. 11
http://oregon.redoubtnews.com/2016/1...oom-malheur-7/
Excitement in the Courtroom – Malheur 7
THE PROSECUTION WILL BE PRESENTING A REBUTTAL CASE WHEN THE DEFENSE RESTS.
October 11, 2016 BLM, Constitution, Featured, Oregon, USFS
Excitement in the Courtroom – Malheur 7
by Shari Dovale
Quite a bit of excitement in court today. It began with Judge Anna Brown getting upset with Marcus Mumford, Ammon Bundy’s attorney, for being the last one inside the courtroom this morning. He was not very far behind everyone else, however, Judge Brown decided to threaten him with fines if he was late in the future.
http://i2.wp.com/redoubtnews.com/wp-...size=199%2C300
Judge Anna Brown, Photo: OregonLive
Though testimony had been offered to the jury concerning two guys describing themselves as ‘Navy Seals’ and possibly doing damage to the Malheur Refuge, Judge Brown has ruled that no one else can testify about them because it is ‘irrelevant.’
Another ruling that Judge Brown ruled poorly on was concerning Governor Kate Brown. She stated that the prosecution can stipulate that Gov. Brown received the written “Redress of Grievances” and did not respond to it, but, she will not allow anyone to testify why she did not respond. She claims that the reasons for her non-response are outside the scope of this trial.
The fact is, the reason she did not respond is exactly On Point. The Governor made a statement on January 20th that included, “They asked state officials, including me, to limit responses.” Ammon also testified that the only reason they considered alternate ideas, including taking a hard stand at the Refuge, was solely because they were not getting responses. The FBI was controlling the narrative and pushing the protesters into reactions.
Some of the witnesses today included Dr. Michelle Guyton, a forensic psychologist, discussing her diagnosis of David Fry. She met with him on at least three occasions and diagnosed him with schizotypal personality disorder. She testified that David does not suffer from delusions, however, he did have a premonition that LaVoy Finicum would not survive this protest and David wanted to meet him before anything happened.
Terri Linnell, whom those at the refuge knew as “Momma Bear” testified today. She admitted to being a paid informant for the FBI, in which she was paid $3,000 plus expenses to go to the refuge and report on several people plus any illegal activities. She was very clear that she saw nothing illegal and the FBI could not use any information that she gave them.
Linnell also testified that Shawna Cox did not act in a manner of leadership, merely as an “administrative assistant” keeping things organized. She was asked about reporting on children being at the Refuge during cross examination. Linnell stated that she was concerned because they were not at school.
http://i2.wp.com/redoubtnews.com/wp-...size=191%2C198
Terri Linnell outside the Hatfield Federal Courthouse, Portland. Photo: Redoubt News
The prosecution also tried to infer things such as reports that “Sovereigns” were at the refuge. Linnell testified that she was concerned about them wanting to authorize others to become U.S. marshals. The prosecution also said that she reported that she heard people at the refuge taking over another federal facility in Burns. Linnell was confused and said she didn’t know what report they were talking about.
Angela Bundy, Ryan’s wife, took the stand next. Ryan was very choked up and needed a few minutes to compose himself before questioning her. There was a moment of levity for the entire courtroom, including the jury, when Ryan asked Angie if they had been married just shy of 19 years. “Just shy of 18 years” she responded. The laughter that ensued was too much for Judge Brown, “Ladies and Gentlemen, please.”
Angie made it clear that Ryan had not intended to stay later than Monday, January 4th when he came to Burns. She stated that she packed just one change of clothes for him and he had no winter gear. However, Ryan did go home to visit in the middle of January. He was free to come and go, just like everyone else.
Vicky Davis testified about a visit she made to Malheur in which she saw a Refuge employee on site talking with protesters and getting into a US Fish and Wildlife vehicle.
http://i0.wp.com/redoubtnews.com/wp-...size=223%2C167
Ryan Bundy
Sheila Dutton, cousin to Shawna Cox, testified to accompanying Shawna to the refuge for the rally, which she called a “walk around the block.” She was clear that Shawna had planned to be home the next day in time for church services.
Janna Lee Tobias was describes as a “Tree Hugger and 2ndAmendment advocate” by Lisa Maxwell, Neil Wampler’s attorney. Tobias testified that she traveled to the refuge to discuss with Ammon the perception of “Ugly Guns” being aggressive. She suggested those at the refuge keep them out of pubic view.
A most interesting witness was Rodney Cooper. Cooper is Sheriff David Ward’s cousin. He went to Burns specifically to talk to his cousin about being a ‘Constitutional Sheriff.’ He reported that, due to the barricades around the courthouse, he had trouble getting into see Ward.
However, when he did talk to him, Ward was very clear that he never felt threatened by Ammon Bundy or anyone else. Ward told Cooper that he agreed with about 90% of what the Bundy’s were doing and, under other circumstances, he could have been friends with Ammon.
Matthew Deatherage, of Coos Bay, OR, testified on the time he spent at the Refuge. He viewed the Hammonds as “neighbors in need” and described them as being violated by the government. He came to Burns after seeing a video of Ammon saying “Leave your guns at home” and come make a stand.
http://i1.wp.com/redoubtnews.com/wp-...size=249%2C300
Kenneth Medenbach
The prosecution tried to attack Deatherage on cross examination, and Judge Brown let most of it through. All the objections were overruled. The prosecution was most interested in a petition that Matthew had started this week on change.org, attempting to gain support for an impeachment of Judge Anna Brown. Deatherage stood his ground and complained of her bias against the defense and how the Constitution was banned in her courtroom.
This brought a hailstorm of comments throughout the afternoon, including from Ryan Bundy complaining to Judge Brown how she is not allowing the truth to be presented to the jury. “Our very lives are on the line here,” Ryan said. “The truth is being blocked!”
When Ryan stated that “The scales of justice are not balanced” Judge Brown came back with “I’m sorry you don’t agree with the ruling. It is what it is.”
Kenneth Medenbach testified later to his decades-long activism against the Federal land grab. Medenbach got in several details about various aspects, including how the Supreme Court has misinterpreted the property clause in the Constitution. Judge Brown finally had to state to his attorney, Matthew Schindler, that under Rule 403, “I am directing you to avoid this much detail.”
Medenbach made powerful statements on the stand, including “Like the Bundy’s, I have been called by a higher power to do what I am doing.” He also explained of how the Constitution is being ‘perverted by the courts.’
Overall, Kenneth got more information to the jury than anyone expected. I attribute this to the testimony of Matthew Deatherage, and his calling out the Judge for her bias. Happening just before Medenbach took the stand, I think Brown was not on her game and let a few more things slip past her.
All the better for the defense, but the prosecution has now determined they will be presenting a rebuttal case when the defense rests.
Share this:
Related
Ammon Bundy Testifies for Malheur Protest TrialOctober 5, 2016In "BLM"
Michele Fiore Testifies for Political PrisonersOctober 6, 2016In "DOJ"
Judge Brown, "In a Light Most Favorable to the Government"October 7, 2016In "BLM"
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
This tweet from Maxine Berstein has information regarding the prosecutions planned rebutal. They intend to have Steve Grasty testify about refuge employee fears. In my opinion that would be the fear he and Dave Ward deliberately instilled in the residents of Burns. I think Chris Briels could attest to that.
https://scontent-mia1-1.xx.fbcdn.net...ef&oe=58A48775
-
Rangefire Todd Macfarlane
DAY 17 Tuesday, October 11, 2016
The trial schedule this week is a little strange. Normally, the trial week is Monday through Thursday. But this week, with Columbus Day, which is a federal holiday, there was no court on Monday. Likewise, there will be no court on Wednesday because of the Jewish Holiday, Yom Kippur, which starts at sundown on Tuesday, October 11, and ends at sundown on Wednesday, October 12. Attorney Mathew Shindler, who represents Defendant Kenneth Medenbach, brought this to the court's attention.
Otherwise, Tuesday was a whirlwind day in the trial, with some 13 witnesses taking the stand, many for just minutes. But there were several key witnesses. One was the FBI's paid informant, Terry Linnell. She testified that the FBI hired and paid her to go the Refuge, and just be herself to fit in. She cooked and cleaned, and did her best to fit in, but she testified she didn't observe any illegal activities. This is a link to Terri Linnell’s full story. terri-linnell-story
Another witness that seemed to take some wind out of the court's sails was Mathew Deadredge. On cross-examination, the prosecution asked him if it wasn't true that he had posted an on-line petition to impeach Judge Brown. On redirect examination, he said it was because of the obvious corruption, bias, and the fact that Judge Brown would not allow any discussion of the constitution during the trial. According to multuple observers, Judge Brown seemed very uncomfortable to be called-out so straight-forwardly.
The spouses of Defendants Ryan Bundy and Shawna Cox testified that when Ryan and Shawna had left home to go to Burns for the Hammond Protest Rally, there were no plans or discussions about occupying the refuge. They testified that both Ryan and Shawna were planning to go straight up and back, and barely took an extra change of clothes. They were both planning on one day travel to get there. One day there, and one day back. Angie Bundy testified that Ryan told her he would be back on Monday (January 4th) at the latest. This testimony was introduced to counter the Government's theory that there was some grand conspiracy.
Witness testimony wrapped up with Defendant Kenneth Medenbach testifying. He testified that he felt common cause with the issues Bundys were trying to address at the Refuge, and felt prompted to go there.
Otherwise, a psychologist also testified about David Fry, and testified that while he was still in Ohio, he had experienced a premonition that LaVoy Finicum would be killed, and he wanted to meet him before he died. She also testified that after Finicum was killed, Fry experienced a great bout of depression and hopelessness and went through a very dark time. For an in-depth profile on David Fry, and how such an unlikely person became the last hold-out at the Refuge, check-out this article about Fry in Outside Magazine.
For contrasting perspectives and reporting, you can also follow Maxine Bernstein for OregonLive, and Conrad Wilson for Oregon Public Broadcasting (OPB), Bundy Court Sketches on Facebook, John Lamb on Facebook, Gary Hunt at Outpost for Freedom and Redoubt News.
At RANGEFIRE! we believe in the need for alternative voices to mainstream media commentary and coverage of these issues.
RANGE / RANGEFIRE! — Addressing Issues Facing the West / Spreading America’s Cowboy Spirit Beyond the Outback
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Malheur Protest witness: "impeach Judge Anna Brown"
This is a very revealing video. Jake Morphonios's relates his experiences with being harrassed by the FBI while attending LaVoy Finicum's funeral. That is when he met Matt Deatherage.
http://youtu.be/-XDzTaAkph0
https://youtu.be/-XDzTaAkph0
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Mark McConnell and Melvin Lee, traitors to their fellow men. I wonder if this Melvin Lee is from the Southern Nevada Lee family?
Mark West, The answer to your question: they are cowards and informants, the lowest form of humanity.
https://www.facebook.com/photo.php?f...type=3&theater
https://scontent-mia1-1.xx.fbcdn.net...05197502_o.jpg
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
John Lamb's video report of the Oct. 11 afternoon session of the Malheur Protest trial
http://youtu.be/qBqRAQ-noig
https://youtu.be/qBqRAQ-noig
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Outpost of Freedom posted Teri "Mama Bear" Linnell's letter
http://outpost-of-freedom.com/blog/?p=1707
Burns Chronicles No 32 – Terri Linnell (Mama Bear)
http://outpost-of-freedom.com/blog/w...rrilinnell.jpg
Gary Hunt
Outpost of Freedom
October 12, 2016
{October 6, 2015}
On Friday, September 30, 2016, I received a phone call from someone I had spoken with before. This call, however, brought to light the extent of the government’s efforts, often misguided, to do what the country used only to do to foreign nations and enemies. Now, it has become a modern practice of government to pay people to infiltrate and inform. It works even better when infiltration is not necessary, as that person is already considered a member of the community that is the target of the spying. Now, that is a rather harsh word, but the tactics of government can be considered nothing less than any other form of spying, throughout the ages.
Nowadays, they have access to almost all electronic media, where the can grab phone conversations, emails, Facebook pages, and any other internet communications. They have parabolic microphones that can listen to conversations from over 100 yards away. They have bugs, electronic listening devices that require no wiring and have a battery life of days, weeks, or even months.
They still, however, want someone who can testify, when necessary, and gather information that is not random, as with other methods, but can be directed, by asking questions. And, this is about one of those human resources, aka “CI” or confidential informant.
That phone call and some email correspondence eventually resulted in a quasi-affidavit as to the role that this person played in the recent events of Burns, Oregon.
Now, don’t jump to conclusions. It is rather ironic that the government subsidized a patriot’s trip to Burns to cook for the very people that were to be spied upon. All expenses were paid, and at the conclusion; a cash windfall was also provided.
But, let’s hear the story from the other party in that phone call. This is her story:
* * * * * * * * * * * * *
To Whom It May Concern:
I, Terri R. Linnell, aka Momma Bear, swear and affirm everything here is the truth, the whole truth, and nothing but the truth. Now many of you think I’m a fed, or informant, or whatever because of rumors created by Jaime M. Hawley, aka Jaime Spears Aldazabal in 2014. That’s simply not true, but those rumors later did give me the ability to take advantage of a unique opportunity, which I did do.
In March of 2015, a year later, I had 2 officers, stating they were US Marshalls, come to my house to ask me questions about Jack Farrell of one of the Carolina’s, whom I had met at a protest in DC in May of 2014. He was a young man who was very impulsive. In December of 2014 he had shot two people in the back of the head and stolen their car to see his girlfriend in another state. I know of nobody who felt his actions were in anyway acceptable, so I sat down with these officers. Eventually the topic led to the real reason they were there… the militia. Specifically, the militia he belonged to. They read me a list of names, of which I knew none, except one. I suspected the one was a test question for honesty, so I admitted to knowing Manny Vega and explained everyone knows him. If you’ve been to DC to protest, he’s there. I later called Manny and told him. The one US Marshal told me he was a local Detective, and double badged.
Later in the summer of 2015 I started meeting with the Detective, and one woman of the FBI, I will call ‘Martha’, who turned out to actually be the local Domestic Terrorism Team in San Diego. I saw both their badges on that first meeting and both worked on the team as a Joint Task Force. Since then I’ve met several times with the woman and she always brings a second person, but that person differs from meeting to meeting. The Detective is no longer at any meetings. Only the first few he was there. We have a regular meeting spot in a shopping center.
They track local groups, such as Militia, Oathkeepers, III%, Sovereign Citizens, Black Lives Matter, Occupy, KKK, as part of their jobs. I was asked to go to OathKeeper meetings and report back my thoughts on their leader. I did so. I reported he was very nice. A leader who clearly did not have any nefarious intentions. I never once saw him break the law, or attempt to do so. It wasn’t his style. The group was quite small, and nobody was what is called a sovereign citizen.
A III% group opened up in our area and I joined. I worked my way up to potentially the leader. When I told the DT Team I was up for nomination, they told me I couldn’t lead it and still work with them. It would create a conflict of interest if anything were to go to court, or if anything went wrong with any of the members they would be held responsible with me as a leader. At that point my decision was to lead if I was asked, and break it off with the DT Team. I was not nominated, so I continued working with the DT team. Why do you ask would I have taken the position? To get a good group of people started in the right direction and find a leader once the group was established to take over.
On January 2, 2016, Ammon Bundy had moved his protest to the Refuge. I notified ‘Martha’, but that’s all. She asked me to follow it. I sent her public articles.
I wanted to go so bad. I was very sick and had barely not been hospitalized. My doctor said on Friday if I hadn’t seen him when I did, it would have been full pneumonia by the end of the weekend. Then my son had totaled my car. My husband was putting in a new tranny in a car we had just bought. Between Christmas, the doctor bills, and the car, we were flat broke. God just was stopping me dead in my tracks. Ugh.
Later ‘Martha’ told me they were considering sending me to the compound, which is what she called the Refuge in Oregon. By then I had a running car and I was well. I jumped at the chance. Finally, God was letting me go! By this time, I was hearing reports from the movement that it was a no fly zone, and that all 911 services were removed from the area, including to the neighboring ranchers. I did not get this verified with ‘Martha’. I can’t recall if I even asked her.
On the day before I left, a Monday, January 11, 2016, I met with ‘Martha’ for a situation type update and a briefing on the rules, etc. She gave me $1000 cash for the trip. I was to keep receipts. I was allowed up to $80 a day for a hotel. Food expenses were so lavish, I don’t even remember the amount it was so ridiculous.
The situation on the ground according to ‘Martha’ was they were very concerned there was a bad influence on Ammon Bundy. Their attempts to get any informants into the compound failed. She was very concerned if I stayed at the compound I’d be found out. She was also concerned for my safety. I assured her I would have no problem. She eventually was ok with me going to the refuge, but I know she was very worried for me. ‘Martha’ also told me not to carry a gun there. Absolutely not. Although I always carry at a protest, I conceded and went along with it, but we did compromise to let me travel with my gun, since I was a woman driving there alone. I should point out, I drive, not fly. I travel alone most of the time and I am not comfortable without my car. I prefer to arrive and leave when I choose, and not be reliant on others.
I woke up in the dark the next morning on the 12th and started my drive. When I stopped for a rest I would call ‘Martha’ and tell her where I was. Many of the miles I couldn’t even get my Pandora to work the cell reception was so horrible. I remember seeing a sign saying not to use cellular devices in such a remote location I could see no houses and had no reception. What a waste of a sign. I went through California, then Nevada, and dropped into Oregon.
Once I hit Oregon on the 78 West, I was pulled over by a State Trooper. The first thing she told me was everything was being recorded and pointed to her body cam. I was going 75. She told me the speed limit was 55. I was honestly surprised, because I try my best to read all the signs, especially those when I enter a new state. That’s often times when speed limits change. Somehow I had missed it, I guess. She let me off with a warning and told me basically the whole state was 55. I immediately set my cruise control for 55 when I returned to speed. (Pls note the speed limit said 65 on the photo of Devine Pass) I then hit my next turn, the 205. Google maps told me to take a right. I did, even though I saw a previous sign saying the refuge was to make a left. The 205 ended up turning into the 395, called the Devine Pass. It was drop dead beautiful there. Well named, because it did look like God had truly touched the earth. Windy roads, tall pine trees, and beautiful rock formations jutting out on the steep cliffs. I never knew those type of formations were in any other state besides Utah. As the sun set it started to snow. This was only my second time ever driving in the snow. My first time was many years ago in Pennsylvania when I was 16 and my dad was sitting next to me, teaching me what to look for in snowy conditions. As the snow got thicker on the road I kept going slower and slower. It was pitch dark. I was down to about 20 mph, white knuckling it, almost sweating, when a car zoomed past me. The snow blew away! Well, I then realized it was what they call powder and increased my speed.
This is about the time I realized I was lost. I was supposed to have been there by now. Once I got out of the pass and saw signs of life, I found a man driving a snow plow. He told me he didn’t know where the refuge was, but thought it was maybe the back in which I had come. Ugh. I called into the refuge for directions, because I did know the phone number of one person there. Reception was still very spotty. As I was driving back down through Devine Pass, I asked the woman to text me the directions, because I would receive the texts when I got reception. This helped a lot and I finally made it there. I had been about 50 or so miles in the other direction. I was on empty, but knew if I needed gas, there would be some at the protest site and wasn’t worried. Large protests like these get plenty of supplies with each person bringing extra of what they have for others. I met those in the chow hall and was assigned a bunk. There was one other man in my room, and a couple. I was almost immediately told there was a real Judge and two US Marshals also staying at the protest. I was curious about that, but would figure it all out later.
The next day, the 13th, I found out there was a gas station only 6 miles away. I got a list of what was needed for the Chow Hall and left. I stopped for gas and then went into the town of Burns. For a town with only a few thousand people, it was much larger than I expected. I live in a town 5 times that size and still only have one main street for all the shopping. I suspect I was followed there by the ‘Judge’. Once his truck left, I called ‘Martha’ to tell her I arrived safely. Then I got the groceries and supplies needed. I spent about $150.
On one of these beginning days, one of the local ranchers did a big barbeque for us with all the fixings. I talked with him, thanking him. He had butchered a pig for us, and smoked it at home. We had a large spread of delicious cole slaw (which is the first time I ever liked cole slaw), smoked pig, and numerous other delicious foods. Everyone was there along with some other ranchers. We probably had a good 80 people come and go.
The 14th I went to town again, with Deb and Corey. Deb and I picked up a tail at the grocery store. There was only one in town. Corey was in the store with us and told us to hurry up, that we were being watched. I looked around and did see a man in a suit watching us. By the time we got out to the parking lot, a police car drove by while we were unloading groceries. We got in the car to go to Deb’s bank. The police car must have doubled back on us, because he was behind us before we got to the bank. He turned on his lights. I pulled over in the bank parking lot. Deb went to the bank, while I got out of my car and dealt with the police. Corey stayed in the car. The officer said my tail light was out. I was again surprised. He didn’t write me a ticket, he just asked me what I was in town for, where I was staying, etc. I was surprised at the question, so he said they were trying to pay attention to who was where because of all the hubbub. I told him I was staying with friends in town, that I came because of all the news, but I didn’t know what the address was I was staying at. By then Deb was out of the bank, talking with the other officer. I walked up to Deb and asked her if we had our friends address in town. She said she didn’t know either. Then I walked back to the officer who I was talking to and we struck up small talk. He said he had come from nine hours away, and pointed towards his truck. I said wow, that must be hard on your department to handle things at home with so many officers away. We all wrapped up the convos and I drove back to the protest. I do not know what would have happened if we had said we were part of the protest, but I do think at a minimum we would have been brought in for questioning, so did Corey and Deb.
That night Melissa told me Jaime Hawley was coming the next day. I was furious. She’s a gossip queen and has no business at a protest like this. Please realize, gossip is a sin worthy enough for the Bible, and I’ve come to find out personally from Jaime how sinister it is when she accused me of being a fed two years previous. Jaime is the type of person who thrives on discord, and if a situation were ever to occur, she’d be standing in the middle of it, crying like a toddler, lost and frozen, only thinking of herself, not able to take a direction from anyone… and I bet my bottom dollar she’d be at the bottom of the gossip, covered in a nest of lies and half truths. She always has food for everyone, pays for campsites, her own cabin, etc. Jaime also keeps in constant contact with the protester she’s going to meet up with during her drive. In this case, it was Melissa Cooper.
On Friday the 15th , (I thought it was Saturday, but arrest records say it was Friday) Melissa Cooper and a couple others went into town. She kept telling me how great it was because they sent the stickers for the trucks to the refuge, so they could drive them on the road. I was in the chow hall when the call came in that Ken had been arrested for driving the truck. The other man was safe, but needed picked up. It got real hectic quick. I said I would go get him, and grabbed my stuff. The guys didn’t want me taking anyone with them, because they worried their militia gear would not look good. I grabbed a media person, Jon, and left. He thought for sure he’d be arrested. I said no, it’s just a retrieval, we’ll be fine. Please note, I was not immune from the law. If I did something wrong, I would have been arrested, ticketed, etc. I was required to follow the law. If I did get picked up for any reason, I was to just give them my name and keep my mouth shut. The FBI would at some point see my name, and take care of it. I’m still scratching my head over the fact that I could have been picked up merely for going to a protest, but that was the atmosphere.
Jaime arrived late that afternoon. Kricket had driven Jaime from Vegas, and apparently Jaime flew from FL to Vegas to meet up with Kricket. Everyone knew how I felt, so when I confronted Jaime on the lies and gossip she’s said against me, and told her to leave, she was ushered into the Coopers room. She did not come out until Blaine came out, yelling, obviously upset, and told us that his kids were taken by CPS. They were supposed to be coming for a visit to see their parents that weekend. Jaime was standing behind Blaine, sniffling, with tears in her eyes.
When I went out by the fire after dinner, several of the guys said to me I was right… the drama came with Jaime, just as I’d predicted. The next day Jaime came out to fill her plate with breakfast, and she and Kricket left at around 11 am. I heard they stayed in a hotel in Burns and did not return to Vegas, where Kricket lived.
Continued . . . . .
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Continuation:
Pretty quick I figured out the ‘Judge’ knew the Bible better than the law and that it was the judge causing the commotion ‘Martha’ was concerned about. I did not believe he was a real judge. He had two men with him, the ‘US Marshals’. One seemed very well trained. I attempted small talk with him. His name was Marshall Smitty I think. I asked him where he got his training and he said no place. I told him I was surprised, because he reminded me of how the Navy Seals at the Amphib base acted with how he carried himself. The other guy with him laughed and said to him I called it well. Smitty said thank you to me. I walked away. Another time in the kitchen I heard the ‘Judge’ say he wasn’t a US citizen. I was about 10 feet away, and replied loudly, “I’m a proud United States citizen and I feel that only a United States citizen should be able to take the Oath to uphold and defend the Constitution of the United States from all enemies, foreign and domestic.” After that, the crowd around ‘Judge Bruce’ was a lot smaller. That night he offered to swear in anyone who wanted to be a US Marshal the next day. As far as I know, not one person did.
To give an idea of what it was like, we had many people coming and going, bringing food and supplies, wood, clothing, boots, mattresses, blankets, sleeping bags, and anything else we needed. Often times they travelled a long way to see us. Sometimes they arranged to stay in town, other times they would bunk with us. Local ranchers, business and home owners would come from neighboring counties, some to bring us stuff, others begging for our help where they are, too. This put a lot of pressure on Ammon to help them. We also had a plane that looked like a little Cessna, always flying during the day. I think the guys tracked it at four loops, then refuel.
The weekends were typically very busy. Many people would come in support when they weren’t at work. At this time we had plenty of help in the kitchen, unloading and organizing supplies, taking watches, etc. Please realize, I’ve been to a lot of protests over the years. Typically, the police protect the protesters and anti-protesters. It’s very normal to see guns at protests, or where the protesters stay. The police have them. The protesters travel with them. Normally, the police are very careful to keep the two groups separate, protesters and anti-protesters. In the protests where we’ve had our own ‘security’, their job is to alleviate the police’s duties, such as helping stop traffic during marches, providing medical aid, etc, so the police don’t need so many officers and can continue their regular duties. This is especially important in larger protests. This is the first protest where there was no police protection. This naturally added to the duties of our ‘security’.
About every other day two men would come to the chow hall as anti-protesters. The first time I talked with the tall one, and he seemed in agreement about federal land needing to be more locally run. I was surprised when he returned the second time. That time the other guy, an older man, held a sign saying “Keep our land public”. I said to the older man, in front of the press, “It’s not a King’s forest.” He looked at me with a twinkle in his eye, like he agreed. I went in and got some peanut butter and jelly sandwiches and offered it around to everyone. When I offered it to the guy holding the sign, he again looked at me with surprise and had a twinkle in his eye. It was like we had a secret game, move and counter move. When I offered it to the tall guy, he took one. (The tall guy later ended up being called out by Santilli for being at the airport where the feds were set up)
I called in to ‘Martha’ almost every day. Usually I just stood outside the chow hall and chatted with her. Every time I was asked about 5 or so individuals. Ammon Bundy, Ryan Bundy, Jon Ritzheimer, Blaine Cooper, Ryan Payne and Pete Santilli. I was asked about Joe O’Shaughnessy, but I explained he wasn’t there, that I heard he was staying in town. I was also asked about where the weapons were kept. I explained there was no stash, no warehouse, it was just people’s personal weapons. I also said all weapons were legal that I saw.
Now realize, ‘Martha’ told me things, too. The weekend before I left she told me the FBI knew Ammon was not at the refuge. She told me they had someone closer than me there, too. (This was before I saw McConnell there. I’m positive there’s another informant.) She asked me if Ammon was going to return. I said I’d heard Ammon’s family was coming, and that I’m sure he’d be back.
Well, back to the subject. On Thursday, January 21st , Melissa Cooper asked me if I knew where the sign in book was. I said I hadn’t seen it. She said she noticed it missing the day before, on the 20th . On Friday at dinner I asked Melissa about the book, and she said it never turned up. I then told Ammon the sign in book was missing. I know this sounds like something mute, but wait for it…
Freaky Friday. Yes, I’ve got to talk about freaky Friday. First, let me tell you about an incident that happened either Thursday morning or Friday morning. The press was there. We were opening mail to put in the burn barrel. One box was a box of shit with maggots crawling around. We threw it in the barrel, but unlike the norm, we did not stand around the barrel for warmth. Who wanted to stand around burning shit? I went inside. Then I heard a shot fired, very loud. I went back outside. It turned out to be someone had shit on ammo and mailed it. One of the members of the press really was very interested in the negative mail. Ryan Bundy asked him to specifically not print it, because it would cause more mail like that. The guy seemed undeterred. I walked up to him a few minutes later, and told him if he printed that story about the box of shit with ammo, that yes, he had freedom of press, but not to the point to make a situation dangerous. I told him flat out, looked him straight in the eye, if I found he printed that he would have to deal with me. (I found out later he heeded my warning. It was not printed.)
I called ‘Martha’ about this. I was very upset anyone was put in danger. She seemed uninterested, even after I pointed out mailing ammo in the US mail was a felony. She didn’t know it was a felony. That day on the whole was eerily quiet. There was no plane flying. Things seemed ‘off’. After dark, then we heard it. I was in the kitchen doing dishes when it flew by so low, so loud, I ducked. I ran outside, wondering if it had landed or something. The guys were all animated too, saying they thought it was a drone, because it had a big light on the bottom of it, pointing straight down. After that we did hear the Cessna… without running lights. The moon was almost full, I could see the plane, but no lights. It did the typical laps, just like it was daytime.
The next day was awesome. We had a huge Harney County Resource Center grand day opening. A lot more protesters showed up, and we escorted them to the opening ceremony.
I left that night. I told everyone I would be back in a week, that my daughter was flying into town from Utah. The guard at the gate said I will be missed. I didn’t know who he was because he had a ski mask on, it was so cold out there. I stopped somewhere out in the middle of nowhere, because there was a sign that said next gas station was 82 miles. Whatever gas station was nearby, I couldn’t find. It opened the next morning at 9 am. Town with a population of 14. I arrived home that night. Sunday the 24th .
Tuesday the 26th of January is a day I will never forget. I was sitting on my mom’s blue couch visiting with them. My daughter was in the chair across from me. My cell phone rang and I answered it. It was about 4:30 pm. My friend said twitter was blowing up, Ammon was arrested, someone was shot or dead. That was the initial story. I immediately called Deb at the refuge. I later texted her Lavoy was dead. I called again around 7 pm. She said it was calm there. They’re serving dinner. I called some friends in San Diego, to see if they were going to help get the people at the refuge out. They said there was a conference call in the morning to determine what to do. There was a primary contact in Burns who would be on the call. The next day I found out everyone was told to ‘stand by’. Nothing would be done.
I met with ‘Martha’ a few days later and gave her the change from the money for expenses, plus the receipts. I was still livid. Emotional. Torn up. Downright hostile. Those feelings didn’t go away easily. I don’t think they ever will go all the way away, they’re just not as raw as they were. We met the following week, where she gave me $3000 for my ‘pay’. I really don’t know what I did to deserve any pay. Lavoy was dead, and the FBI did as they pleased, not listening to anything I said. But I guess the goal was achieved, all the people they kept asking about were arrested. Who cares if those men broke the law or not, right? That’s not how I feel at all. I care deeply our laws are upheld. I care deeply our police remain neutral and protect citizens equally. I did ask what was the reason for the ‘routine traffic stop’. Martha’s answer is that they have a right to pull over someone when a phone call is received. I didn’t push the point, but knew instantly that was a typical response when an officer does not have cause to get access. The officer must still see something illegal. Most people thinks this response means they must give access and concede.
Between the phone calls and meetings I was told two important things: One, that the person who signed the doc to send the FBI to Oregon came from the ‘highest command possible’. ‘Martha’ explained further and said it was the President. This is further evidenced when the Oregon governor appealed to the President to end the occupation of the refuge sooner. Second, ‘Martha’ said the FBI had the sign in book.
Lavoy’s funeral was February 5th , 2016. It was open casket. There were several local police outside. Everyone was cordial. Over 2500 showed up from all over the country. Jaime Hawley showed up, driving a vehicle with Florida plates. Blaine Cooper was there. This is when I found out about John Day. PPN was supposed to provide a convoy type escort for the two vehicles. They never showed. When I returned home from the funeral I called my San Diego friends and informed them PPN had dropped the ball. They said that was crucial information regarding the ‘stand by’ that was done. I would say more about the funeral, but I’m still too emotional.
On February 10th I received a call to pick some guys up in Mesquite, since Joker J had just been arrested. I did. They stayed with me for 2 weeks. No, I did not harbor any fugitives. There were no public arrest warrants or indictments released. I was called by ‘Martha’ to go to the local Lavoy Rally. I did so in order to not call attention to anyone staying with me.
Since then, I have not given ‘Martha’ any information besides public information of news articles. In the last meeting, on September 21, a Sunday, I was asked what the movement’s support was in the Presidential race. I said it was more split before the primaries, but not that Bernie is out, many are supporting Gary Johnson. Most are supporting Trump.
Let me tell you about these men being targeted.
Ammon Bundy: Very well spoken. Strong moral fiber. He’s the type of man who is free, unlike most. Most people think ‘what if’. Ammon is a free man and walks this earth as a free man. He doesn’t recognize fear. Anyone can disagree with Ammon, yet he’ll still give them the shirt off his back if they need it, disagreeing or not. Never carried a weapon.
Ryan Bundy: Not quite as well spoken as Ammon, but his strong point is law and legal terms. Strong moral fiber is woven within him and how he sees the law. He is also a free man. Obviously these men were raised together. Carried a pistol, nothing more.
Shawna Cox: She seemed to me to be an administrative assistant or secretary type. She was always seen carrying paperwork and folders in her arms. Never carried a weapon.
David Fry: Young, he had an interest in philosophy, religion. Loved to learn. What I remember best about him is his sleeping on the couch. He would be sitting straight up, then hunch over, practically folding himself in half and he was out. For hours he’d sleep in that position, with his head resting on his legs. Never carried a weapon.
Ken: I only briefly saw walking from a vehicle into a room. Later that day he was arrested.
I don’t believe I knew the other men at all.
Concerns after the fact and reviewing evidence. Who stole the sign in book and why was it placed into evidence 4 days before it was stolen.
The ‘routine traffic stop’ was not in any way, shape or form a traffic stop. There must be a reason to pull someone over. None given. Why did that public FBI statement on their website get rewritten, and all articles in all media was edited. This is pretty clear evidence that the media is required to put out stories according to political whim. Why was there no warrant. The search warrant was done after the fact. One would think the govt had figured out if there was a crime before the arrest. It’s not like anything these people did was hidden.
The 65 mph sign, looks new to me in the video ‘McConnell Secret Recording’ search. Did they lower the speed limits in the area? There is a woman that swears McConnell was in her old classroom at the school and that the video was NOT taken with PPN as McConnell said.
Ammon Bundy, Joe O’Shaughnessy, Jon Ritzheimer, and Blaine Cooper were all targeted, all from Arizona. Did McConnell tell lies to the FBI because of his dislike of these people? Three of the four all were part of some sort of militia. Is that why ‘Martha’ swore up and down if I saw the evidence, I would agree with her? McConnell is arrogant and derogatory. Very demeaning. To him, he’s the real thing, and all others are wanna-be’s.
As far as doing this all again. I’m undecided if I even helped any of these men by doing what I did. I’ll know more once the trial is over.
More importantly, would I do another operation in this manner? No. I found the FBI all knowing, distrustful, political pawns. As ‘Martha’ said, the FBI does everything ‘big’. Big is not better, sorry to say. The sheriff failed to do his job. The FBI should have then asked why he refused to protect the protesters. Instead, they encouraged him. When they were told that a man from Grant County said the Grant County Sheriff told him the Harney County Sheriff asked for his help, that he wanted the protesters all dead. ‘Kill them all’. Yes, the FBI was told, and now the Grant County Sheriff is being investigated. Go figure. Was it something I said? Probably. By telling the FBI evidence that all did not seem as it appears, and to look deeper, they instead used that to destroy good people. Political? Absolutely. The movement was growing. Across the nation people were standing up, shaking off their fears… if the FBI hadn’t broke the law and killed someone, this would still be happening. People would still be standing up. If they had simply walked up to Ammon with an arrest warrant, people would still be standing up. Their goal was to strike fear in regular people, continue the oppression that was so clear in Oregon, and everywhere else I’ve traveled.
Therefore, please realize not only is this important to know, but know all is not as it appears. We have a very powerful enemy and our names are on his desk. He hates we woke up the nation. He hates he can’t control us. We represent the one thing he hates most. American Pride. American Independence. I’m currently being tested. I was given a name of a local to check out. How do I know this is a test? I’m not stupid. They’ve never given me a name before. I’ve had to figure things out myself. Why the change, when they should be trusting me less?
/s/ Terri R. Linnell
* * * * * * * * * * * * *
Epilogue
Terri testified at the trial, Tuesday, October 11th. She was not called by her benefactors, the government. Instead, she was a witness for the defense, specifically, David Fry, though all of the other Defendants, as well as the government, had an opportunity to examine her.
According to reports from the courthouse, her testimony was very contrary to what the government wanted from someone that they paid over $3000 to. But, they knew her testimony would not serve them very well. However, they could not, under any conceivable argument, argue that their paid informant could not take the stand for the Defense.
Terri’s testimony refutes many of the government’s claims, including display of weapons, leadership, and any danger posed by the occupation. She had nothing but praise for the Patriots. She also refused to let the Prosecution put words in her mouth. Though they didn’t proffer the FBI reports as evidence, they appeared to read from them. However, when they stated something contrary to fact, Terri would say that she didn’t say that.
We must wonder how the jury perceived testimony from someone the government “planted” into the group, and then supports the Defendants position with her truthful statements. It has to be very embarrassing to realize that she got no dirt, when that was her task. What more can be said of the fallacy of the entire government line.
I trust that this will put to rest the accusations that have been made against Terri over the past week. And, I pose this question to you; who else has managed to get the government to pay expenses and $3,000 for to go to Burns and cook for the Patriots?
http://outpost-of-freedom.com/blog/?p=1707
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
E&E Publishing "Why Bundy Convictions Are No Slam Dunk: unpredictable juries
http://www.eenews.net/stories/1060044089
Why Bundy convictions are no slam dunk: unpredictable juries
Greenwire: Tuesday, October 11, 2016
http://www.eenews.net/image_assets/2...sset_13453.jpg
Convictions in the trial for the armed occupiers of the Malheur National Wildlife Refuge, including Ammon Bundy above, are not a slam dunk, attorneys say. Photo courtesy of AP Images.
Despite reams of evidence — thousands of social media posts and videos, photos of men with large guns, and the testimony of threatened federal employees — legal experts say jurors still may not convict the armed occupiers of the Malheur National Wildlife Refuge.
Attorneys who have experience trying cases in Western states have found juries notoriously unpredictable and hard to read in trials involving public lands and property rights.
Westerners generally have greater skepticism of the federal government because of its vast land management responsibilities.
And that, said attorney Karen Budd-Falen, can translate to the jury pool.
"If what you are asking me is if people who live in the West have a different mindset toward the federal government by virtue of the amount of land they have — and they are your landlords — the answer is absolutely yes," said Budd-Falen, a Cheyenne, Wyo.-based attorney who has represented numerous ranchers in cases against the government.
The ongoing trial in Portland, Ore., concerns seven occupiers — including leader Ammon Bundy — charged with conspiring to impede federal officials through the use of force, threats or intimidation. Some of the defendants also face charges of possessing a firearm in a federal facility during the 41-day standoff that ended in February.
While relatively little is known about the jury, there are some hints that there may be one or two jurors who could be sympathetic to Bundy's anti-government views. It takes only one holdout to hang a jury, essentially creating a mistrial. And there is the rare possibility that the jury could side with Bundy and his co-defendants even if jurors agree the defendants broke the law — a result known as jury nullification.
In the West, federal prosecutors have a mixed record in these types of trials.
Take the case of Harvey Frank Robbins.
Robbins purchased property in Hot Springs County, Wyo., in 1994 to run a dude ranch like the one in the movie "City Slickers."
Before Robbins bought the land, the Bureau of Land Management negotiated an easement on a road across the property with the previous owner. The road was the only access to tens of thousands of acres of the Upper Rock Creek region, a beautiful, publicly owned area.
BLM, however, failed to record the easement, and Robbins was unaware of it when he bought the land.
The bureau later pressed Robbins to honor the easement, eventually leading to an altercation in 1997 with a BLM employee who entered Robbins' property. Robbins accosted the agency employee, who cited fence easement papers. Robbins tore the papers up and ordered her to leave his property. The horse he was riding also reared up and frightened the BLM employee, according to a lawyer in the case.
Federal prosecutors charged Robbins with impeding and interfering with a federal employee — a charge that is similar to what the Malheur occupiers face. (The defendants in the Malheur case are charged only with conspiring to impede, a charge that is somewhat easier to prove.)
The prosecutors — who would only speak anonymously to discuss former cases — said they thought they had a straightforward and winnable case.
The jury disagreed. It returned a not guilty verdict after deliberating less than 25 minutes.
Local media outlets reported that the jurors were "appalled by the actions of the government." One juror said "Robbins could not have been railroaded any worse ... if he worked for the Union Pacific."
Robbins later filed a complex racketeering case against the government over his interactions with BLM that reached the Supreme Court. He lost that case in 2007.
Asked about the Bundy trial, Robbins quickly took the occupiers' side.
"This government is out of control," he said in an email. "They are accountable to nobody except God someday. The case you are covering is another case of federal abuse of power. America better wake up."
Race and religion
All juries are different, of course, and one based in a generally liberal metropolis like Portland is almost certainly going to have different demographics than one based in Wyoming.
However, the jury in the Malheur case was drawn from a statewide pool. It is all white, and a majority of the jury are women.
Only four jurors are from the Portland area, and one juror's home is some 200 miles from the city. That suggests he or she is from the eastern part of Oregon, an area that is more libertarian and conservative than Portland.
Tung Yin, a professor at Lewis & Clark Law School who has been following the case, said figuring out whether potential jurors are Bundy sympathizers would have been "priority No. 1" for the prosecutors. They would have used peremptory challenges to get them removed from the jury pool, he said.
There is also one woman on the jury from Eugene who is Mormon, like Bundy and many of the defendants.
Jon Marvel, the founder of the Western Watersheds Project, a nonprofit that frequently tussles with ranchers and BLM in court, said the influence of religion should not be underestimated.
"Mormons band together in ways that are somewhat surprising from an outside prospective," said Marvel, who lives in Hailey, Idaho.
Bundy and his father, Cliven, have repeatedly said their protests against the government were rooted in their religion.
"I did exactly what the Lord asked me to do," Ammon Bundy said during the standoff (Greenwire, Jan. 11).
In his testimony this week, Bundy repeatedly highlighted his religion and flipped through the Doctrine and Covenants of the Church of Jesus Christ of Latter-day Saints on the witness stand. Federal District Court Judge Anna Brown, however, denied Bundy and his lawyer's request to read passages in front of the jury.
Nevertheless, Bundy told the jury that his Mormon teachings shaped his motivation for the standoff.
"It is our duty to go to the judge," he said, according to media reports. "It is our duty to go to the representative. It is our duty to go to the president and plead with them to stand up for what is wrong."
Key instructions
Attorneys said a key factor in the Bundy trial will be the final directions the judge gives the jury before it begins deliberating.
Jury instructions direct the jury about what, exactly, is at issue in the case, what the burden of proof is and what reasonable doubt is, as well as what precisely is the law at issue.
In the Bundy trial, the instructions will be particularly important because the defendants have offered a wide range of arguments, many of which the prosecution contends are not relevant to the conspiracy charge at the heart of the case.
Additionally, there have been near-daily arguments between Bundy's unorthodox attorney, Marcus Mumford, and the judge and a barrage of objections from federal prosecutors to Mumford's questioning methods (Greenwire, Sept. 30).
"The jury instructions are going to be particularly important — and detailed — to filter out all of his BS and focus the jury on their task and the key elements of the charges," said Vermont Law School professor Pat Parenteau.
The instructions are also likely to be contentious. The defense, for example, will likely want Brown to include something on adverse possession, the legal theory under which Bundy and his supporters were seeking to take ownership of the refuge land. Defense attorneys have repeatedly raised the issue in the trial so far.
However, the prosecution will undoubtedly object to any inclusion of adverse possession in the instructions because the government claims it is impossible to make an adverse possession claim on federal lands.
In the jury room
Once the jury begins deliberating, several factors will quickly develop that will be outside the prosecution's control.
The jury will select or elect its foreman, or leader. He or she will likely have significant influence on the jury's deliberations. Other jurors may also step into leadership roles.
http://www.eenews.net/image_assets/2...sset_13452.jpg
Defendant Kenneth Medenbach posted this photo on his Facebook page of the shirt he wore to the courtroom during jury selection that advocated for jurors to ignore the judge’s instructions. The judge later instructed him not to wear the shirt again. Photo courtesy of Kenneth Medenbach, via Facebook.
More controversially, there is the possibility that the jurors could return a verdict of not guilty even if they think there is sufficient evidence to convict under the law and instructions provided by the judge.
So-called jury nullification is rare, but it occurs when the jury disagrees with the law.
"The jury may think the law is unfair and they can vote to acquit," said Yin, the Lewis & Clark Law professor.
During jury selection, one defendant, Kenneth Medenbach, appeared in the courtroom with a shirt that appeared to advocate for jury nullification, or for the jury to disregard the judge's instructions. (The judge later ordered Medenbach not to wear the shirt into the courtroom.)
That result — or any acquittal — would be devastating to the prosecution because the government cannot appeal an acquittal due to the Constitution's double jeopardy clause, Yin said.
Wyoming U.S. Attorney Christopher "Kip" Crofts said he would not comment or speculate on the Oregon case or the previous Robbins case.
But he said that, generally, prosecutors are often left wondering what influenced jurors.
"We don't know what they talk about and what is important to them," Crofts said. "We also don't know what is in the mind of each juror who may vote without saying anything at all in the jury room. The verdict could be the result of some little bit of testimony or other evidence that did not seem all that significant to the prosecutor."
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
The FACT that there is so much background information on Government land ownership and access abuse including other people who have fought this fight, court cases that have been lost by the Government agencies, I think speaks volumes about the situation. Not just the Bundy situation but the Government Vs the People situation.
The Government (as they like to call themselves) have been at it since day one AND they will keep at it again and again. Chipping away, one battle at a time. And once they have their grubby hands on it, no matter what IT is, they won't let it go again.
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
I cannot agree with Gary Hunt. This woman is still an informant and cannot be trusted. Her letter and testifying for the defense did little or nothing to exonerate her.
Quote:
Epilogue
Terri testified at the trial, Tuesday, October 11th. She was not called by her benefactors, the government. Instead, she was a witness for the defense, specifically, David Fry, though all of the other Defendants, as well as the government, had an opportunity to examine her.
According to reports from the courthouse, her testimony was very contrary to what the government wanted from someone that they paid over $3000 to. But, they knew her testimony would not serve them very well. However, they could not, under any conceivable argument, argue that their paid informant could not take the stand for the Defense.
Terri’s testimony refutes many of the government’s claims, including display of weapons, leadership, and any danger posed by the occupation. She had nothing but praise for the Patriots. She also refused to let the Prosecution put words in her mouth. Though they didn’t proffer the FBI reports as evidence, they appeared to read from them. However, when they stated something contrary to fact, Terri would say that she didn’t say that.
We must wonder how the jury perceived testimony from someone the government “planted” into the group, and then supports the Defendants position with her truthful statements. It has to be very embarrassing to realize that she got no dirt, when that was her task. What more can be said of the fallacy of the entire government line.
I trust that this will put to rest the accusations that have been made against Terri over the past week. And, I pose this question to you; who else has managed to get the government to pay expenses and $3,000 for to go to Burns and cook for the Patriots?
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Quote:
Originally Posted by
monty
I cannot agree with Gary Hunt. This woman is still an informant and cannot be trusted. Her letter and testifying for the defense did little or nothing to exonerate her.
[/FONT][/COLOR]
I would never trust her either. The only good coming from what she did is to expose how the Feds infiltrate militia and patriot groups. We all need to learn from this.
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Quote:
Originally Posted by
Tumbleweed
I would never trust her either. The only good coming from what she did is to expose how the Feds infiltrate militia and patriot groups. We all need to learn from this.
She provided a lot of excellent information, like you say, we all need to learn from. But she hasn't proven herself. I think LaVoy's murder scared the hell out of her, but I think she will go again if they call her.
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Ryan Payne petioned the court to withdraw his guilty plea.
http://www.oregonlive.com/oregon-sta...dant_ryan.html
http://image.oregonlive.com/home/oli...atars/4406.pngBy Maxine Bernstein | The Oregonian/OregonLive
Email the author | Follow on Twitter
on October 13, 2016 at 5:00 AM, updated October 13, 2016 at 8:11 AM
Oregon standoff defendant Ryan Payne wants to withdraw guilty plea
Ryan Payne, one of the 26 people indicted on a federal conspiracy charge stemming from the seizure of the Malheur National Wildlife Refuge, wants to withdraw his guilty plea in the case, according to his lawyer.
Payne, who also faces a federal indictment in Nevada stemming from the 2014 standoff with federal officers near the Bundy Ranch in Bunkerville, had entered a guilty plea in the Oregon case in July, based on a global offer that was pending in the Nevada case.
But his assistant federal public defender said an agreement in the Nevada case hasn't been reached. As a result, Payne, 33, wishes to withdraw his guilty plea in the Oregon case and seek a jury trial, according to new court filings.
"As of the date of this filing, no agreement has been reached and there is no plea offer still available to Mr. Payne in Nevada,'' wrote attorney Rich Federico in a motion to withdraw the guilty plea. He filed the motion in U.S. District Court in Portland late Tuesday.
Prosecutors said Payne made ultimatums to Harney County Sheriff Dave Ward in November, seeking to prevent Harney County ranchers Dwight Hammond Jr. and son Steven Hammond from returning to federal prison on arson convictions, and led tactical training during the occupation of the Malheur refuge. In Nevada, he's accused of organizing "armed protection'' in the 2014 standoff over the impounding of rancher Cliven Bundy's cattle.
According to court records, the government is opposed to Payne withdrawing his guilty plea in the Malheur case.
He pleaded guilty to the federal charge of conspiracy in Oregon, and a second count, possession of firearms in a federal facility, was dismissed, under the negotiated plea. The Oregon sentence was to run concurrently with his Nevada sentence.
Under an offer then pending in the Nevada case, Payne would have pleaded guilty to three charges, including the use and carrying of a firearm in a crime of violence -- a count that brings a mandatory minimum sentence of seven years. Prosecutors there were going to recommend a 12-year sentence, but Payne could argue for seven years, according to prosecutors and his lawyers.
On the date Payne signed the Oregon plea agreement, he wasn't fully aware of the specifics of the Nevada plea offer -- still "only in a draft format,'' Federico wrote in his motion.
"Notably, the entire 'statement of facts' section of the Nevada plea offer had been left blank. When Mr. Payne arrived in Nevada, he was only then provided a 'statement of facts' that Nevada prosecutors demanded he agree to in order to secure the deal,'' Federico wrote. "On the date he entered a guilty plea in Oregon, had Mr. Payne known all the terms of the deal in Nevada, he would not have signed the deal in Oregon. ''
Federico also argued that Payne was given only a day to accept the Oregon plea deal and took it largely to reduce his risk of potential prison time in the Nevada case.
"Mr. Payne felt the pressure of 'massive' sentencing exposure in the Nevada case in particular,'' if he didn't take the plea in July, his attorney said.
"However, fairness and justice dictate that once relieved of the time pressures and having more time to reflect upon the Nevada case, Mr. Payne is in a much better position today to make an informed decision regarding his legal options in both districts,'' Federico said.
The breakdown of negotiations in Nevada, coupled with evidence in the ongoing trial of seven co-defendants that bolsters Payne's argument that the occupiers' intent was non-violent, should allow the withdrawal of Payne's guilty plea in Oregon, his attorney argues.
Federico referenced a video that prosecutors played showing Payne explaining to a group of men gathered in the refuge bunkhouse why they took over the refuge and that their intentions were peaceful. Payne also was unaware at his plea hearing that Mark McConnell and others were informants for the federal government, which was disclosed during trial.
"Had Mr. Payne and his counsel been aware of this basis for impeachment of the government's potential witnesses, they could have evaluated the strength of the government's case differently,'' Federico wrote.
Federico also pointed to his client's responses to U.S. District Judge Anna J. Brown during his plea hearing, noting how "equivocal'' Payne was, indicating he had "serious misgivings and reservations.''
Asked if he had impeded federal employees using intimidation, threats or force, for example, Payne told the court, "I have come to understand that folks who were -- who work for the government, that that Constitution ordained, perceived my actions as threatening or intimidating."
The deal, he noted, was offered before jurors reached a verdict in his co-defendants' trial, providing no "preview'' on how they would weigh evidence in the case.
The federal trial in the Nevada case is scheduled for February. Payne's sentencing in the Oregon case had been set over until February.
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Bill Goode's assessment of Teri Linnell's actions and letter.
This is what struck me when I read her letter. This is why I believe she will go again if she is called.
Quote:
Per Terri's letter, she was in touch with her FBI contact until 21 September 2016. That's less than a month ago. She stayed in contact with the FBI for 8 months after LaVoy was assassinated!!!!
https://www.facebook.com/groups/1717...2219265657615/
News Feed
https://fbcdn-profile-a.akamaihd.net...fc469491c395ec
Bill Goode
11 hrs
Despite Gary Hunt having published Terri Linnell's letter, this article I have written is not a reflection on Gary. This article is about Terri Linnell.
I know Gary Hunt and I know him to be a very dedicated and knowledgeable patriot. His articles at http://outpost-of-freedom.com/blog/ are voluminous, well researched and well written. His research into the Hammond family difficulties is extensive. He has done more writing with deeper research on the whole Hammond - Bundy - Finicum affair than any other journalist.
Despite this single article, he is not to be compared to Terri Linnell. I would in no way disparage Gary Hunt as a patriot or journalist. Here he has simply reported with Terri Linnel's letter and expressed his opinion on it, like any other journalist.
Terri Linnell published a letter, via journalist Gary Hunt, that explains her activities between the FBI and the Malheur Refuge occupation. Most of this letter is pretty innocuous and irrelevant, as far as Terri confessing and clearing her name in the patriot movement. Nevertheless, I have several points I would make regarding Terri's letter.
1) Terri starts off her letter blaming Jaime Spears for rumors that she, Terri Linnell, was an informant. I know nothing of what Jaime Spears has said in relation to Terri's activities. I base my opinion of Terri Linnell on what Terri has said herself. It has nothing whatsoever to do with Jaime Spears. Later in Terri's letter she mentions Jaime again for gossiping, which Terri herself is doing against Jaime. It does Terri no credit to discuss her ill opinions of Jaime.
That Terri later took "advantage" of those rumors shows exceedingly poor judgement on her part. That an individual would sacrifice her integrity to work for the government, as an informant against a patriotic group, for her own financial "advantage" shows a person absolutely not to be trusted by any patriotic group.
2) The "judge" that Terri mentions was Bruce Doucette, a self appointed "Judge", who is a member of this FB group. Being a self appointed "Judge", he also appoints "marshals". That procedure is explained to some degree on websites, that he partakes in with others. They consider it constitutional and purport to support the Constitution. Weblinks provided on request to me via PM.
Doucette and another fellow, then associated with Doucette, were providing what was considered "constitutional legal advice" to Ammon and leadership at the Refuge, as well as what was presumed to be legal counsel to the Hammond family.
I doubt Terri had any involvement with Doucette or any legal discussions within the Refuge. I only mention it here to explain what Terri was talking about regarding the "judge".
3) Per Terri's letter, she was in touch with her FBI contact until 21 September 2016. That's less than a month ago. She stayed in contact with the FBI for 8 months after LaVoy was assassinated!!!!
WHY ON EARTH WOULD TERRI LINNELL CONTINUE CONTACT WITH PEOPLE THAT SHE KNEW MURDERED SOMEONE SHE PRESUMABLY ADMIRED? FOR 8 MONTHS???
As an aside here, to be clear, I'm sure Terri, herself, had nothing, knowingly, to do with LaVoy's assassination. The FBI was planning LaVoy's assassination some weeks before Terri's arrival at the Refuge. (ref - Butch Eaton's FBI interview on 3 January) The major informant for LaVoy's assassination is clearly Mark McConnell.
However Terri did provide information to the FBI, which, unknown to Terri, the FBI may well have used to plan the actual assassination. Thus, Terri may well be an unknowing participant to some degree in the planning of LaVoy's assassination. It's unknown to what degree, until Terri reveals exactly what information she revealed to the FBI about people and activities at the Refuge. This letter falls far short of such revelation.
Terri admits "I really don’t know what I did to deserve any pay (after having received her $3000 from the FBI). Lavoy was dead, and the FBI did as they pleased, not listening to anything I said. But I guess the goal was achieved, all the people they kept asking about were arrested." Until Terri reveals what information she gave to the FBI, her level of participation in the arrests and LaVoy's assassination, regardless of her lack of knowledge, remains in question.
4) ) Terri's letter is more damning of her than she probably realizes. Regarding the investigation of Grant County Sheriff Palmer, she admits: "Was it something I said? Probably. By telling the FBI evidence that all did not seem as it appears, and to look deeper, they instead used that to destroy good people. Political? Absolutely." (2nd to last paragraph of Terri's letter) By her own admission, Terri Linnell gave information to the FBI that they "used to destroy good people."
5) None of this is to say that there is no route for forgiveness for Terri Linnell. Forgiveness is possible for her, but it will be a very "tough road to hoe" for her, and it will get tougher the longer she takes to pursue it.
I thank Terri Linnell for the testimony she gave on behalf of the defense on 11 October 2016, but that is barely the beginning of her achieving forgiveness, if indeed that is what she is seeking.
The very next step would be to turn over EVERY DOLLAR, she received from the FBI, to the defense of the patriots - all $3000 plus her expense money. Every nickel and dime, with interest. The longer she takes in this step, the less credible is her intention to come clean. If she takes too long, the defendants' trials may be over. The money would be of less value, especially if they are convicted, while having that money before conviction might save them from conviction.
Secondly, she must reveal everything she told the FBI. Having this information will reveal the effect she had on ending the occupation, the arrests of the occupiers and the assassination of LaVoy. Until the effect she had on the ending of the occupation is known, we cannot know what other steps must be taken for Terri to be forgiven.
Terri Linnell's letter shows she knows not what she did. There is no responsibility in that letter for her actions. She has no concept of the wrong she has done. I notice that she has removed her Facebook page under her real name. That's probably just as well for her, as she doesn't seem to realize the wrong she has done and may well not understand many comments she would receive there.
I'm surprised her "MommaBear" page is still up and running, claiming "I'm a well educated Patriot mother, fighting for our country." In light of Terri's informant activities, that statement is insulting an infuriating to real patriots, especially those who have been arrested by the very agency that Terri Linnell worked for - the FBI. Well Terri you are not to be trusted. You have proven that you have exceedingly poor judgement in relationship with government and the value of the patriots in the country you purport to fight for.
Terri Linnell's letter may be viewed at Gary Hunt's website Outpost of Freedom.
https://fbexternal-a.akamaihd.net/sa...&sw=158&sh=158
Burns Chronicles No 32 – Terri Linnell (Mama Bear)
Burns Chronicles No 32 Terri Linnell (Mama Bear) Gary Hunt Outpost of Freedom October 12, 2016 {October 6, 2015} On Friday, September 30, 2016, I…
OUTPOST-OF-FREEDOM.COM
19 Likes9 Comments47 Shares
LikeCommentShare
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Terri Linnell could never really be trusted again and should always be shunned by militia and patriot groups from this time forward. I have no doubt though that there will be many others willing to inform on patriotic americans who resist this corrupt government we have.
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Michele Fiore condems Sheriff Dave Ward's actions on floor of Nevada Assembly
https://www.facebook.com/Debrjordan/...22510257874892
https://fbcdn-profile-a.akamaihd.net...a33faba05e18fa
Deb Jordan
1 hr ·
MICHELE FIORE - KEEPING HER WOR
Michele Fiore on the Nevada Assembly Floor said this today in open session:
Good Morning,
I stand in support of and know that Blue Lives Matter; when we have Law Enforcement and County Sheriffs that support their citizens and Law Makers we need to support them too.
But there have been Sheriff's that hand their elected positions over to the Federal Government and some of the outcomes have been fatal.
Sheriff David Ward of Harney County Oregon did just that.
Under his watch a man "Lavoy Finicum" was murdered.
The Bureau Of Land Management (BLM) has become quite aggressive across our Nation; from continual harassment of our Indigenous Native Americans to our Rancher's, who are just trying to protect their livelihoods.
It's up to us to ensure our communities have the resources needed to protect it's citizens from Domestic Terrorist Agencies such as the BLM.
Most of my fellow friends in this Chamber were not at Bunkerville in April of 2014, but Sheriff Lombardo and Sheriff Douglas Gillespi were there.
Our Clark County Sheriffs stopped the Nevada Massacre the BLM had planned.
As the body camera footage from the BLM gets unsealed and released to the press and the public, the words I just spoke will be verified.
Thank you
Carol Bundy Lisa Bundy Briana Bundy Ashley Jones Bj Soper Kati Batie Linsay Tyler January Kolar Teresa Brookshire Karen Mucklechuck Mike ArnoldChastity Bendele Peter Thomas Santilli Mike Serour Stacy Benner Jaime Spears Aldazabal Rich Garboski Erin Davis Maureen Peltier Michele FioreAngie Huntington Bundy Arden Bundy Jeanette Finicum Susan DeLemusTim Brown Tim Poor Bob Powell Tami Sandell Erin Maupin Glen Sandell
https://fbcdn-photos-d-a.akamaihd.ne...08535f73f52312
56 Likes13 Comments69 Shares
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Hammonds break silence about being threatened bymthe feds
https://fbcdn-profile-a.akamaihd.net...0d8f3bbfc3e219
Jake R Morphonios
55 mins
HAMMOND FAMILY BREAKS THEIR SILENCE! FEDS ORDERED THEM TO BE SILENT ON REFUGE TAKEOVER OR FACE RETRIBUTION!
Today in court, attorneys for Ammon Bundy presented a signed affidavit from the Rusty Hammond that his family has, in fact, remained silent because of threats by the federal government.
https://fbexternal-a.akamaihd.net/sa...fs=1&upscale=1
BOMBSHELL: Hammonds Break Silence - Threatened by Feds
Today in court, attorneys for Ammon Bundy presented a signed affidavit from the Rusty Hammond that his family has, in fact, remained silent because of threat...
YOUTUBE.COM
http://youtu.be/zq7btcggnXs
https://youtu.be/zq7btcggnXs
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Shawna Cox takes the witness stand, plays her video from inside LaVoy's truck
http://www.oregonlive.com/oregon-sta...2box_targeted_
http://image.oregonlive.com/home/oli...atars/4406.pngBy Maxine Bernstein | The Oregonian/OregonLive
Email the author | Follow on Twitter
on October 13, 2016 at 1:12 PM, updated October 13, 2016 at 6:25 PM
Oregon standoff defendant Shawna Cox takes stand, plays her video of arrest
Updated 5:45 p.m.
Oregon standoff defendant Shawna Cox testified Thursday that she didn't emerge immediately from Robert "LaVoy" Finicum's truck when police stopped them Jan. 26 on U.S. 395 because she was afraid of getting shot.
Cox, the fourth of seven defendants to take the stand in the federal conspiracy trial, became emotional as her standby lawyer Tiffany Harris played the video that Cox took of the felony traffic stop as she sat in the back seat.
Harris showed the footage after the judge cautioned that it could be "quite prejudicial'' to both Cox and co-defendant Ryan Bundy with the risk of "underscoring to the jury that the defendants pick and choose which laws they want to follow.'' The video captured Cox telling Finicum to "gun it, gun it'' as he sped away from officers at the initial stop.
That day, authorities tried to stop Finicum's truck and a Jeep with Ammon Bundy as they headed away from their occupation of the Malheur National Wildlife Refuge near Burns to a community meeting in John Day.
Ammon Bundy surrendered immediately along with his bodyguard, Brian Cavalier. Ryan Payne, who was in the front passenger seat of Finicum's truck, got out before Finicum drove off.
Finicum ended up crashing into a snowbank at a roadblock up the highway and was fatally shot by state police after he got out. Police said Fincium reached three times for the inside of his jacket, where he had a loaded 9mm handgun.
Just before they were initially stopped, Cox said she noticed a line of unmarked cars to the right as they were driving north on the highway and then noticed flashing lights. She said she heard Payne remark, "It's a setup'' and Finicum say, "It's an ambush.''
Once Finicum stopped the truck, she said, Payne rolled down his window and thrust both of his hands out, his palms showing. Suddenly, she testified, she saw a red laser and heard a shot.
"He jumped back in. That freaked us out. It was very frightening,'' Cox said. "It made no sense to me.'''
Payne eventually stepped out of the truck and yelled there were women inside. Officers at the scene said the women should come out, Cox testified.
Asked by her standby lawyer why she didn't leave then, Cox said she asked Victoria Sharp, who was sitting next to her in the back seat, what she wanted to do.
"She said, 'I'm not getting out. They just shot at us.' I'm not going out either,'' Cox testified. "I have a lot of children and my maternal instinct is to protect them. I wasn't about to leave her in that vehicle.''
Cox said she was perplexed why no officers approached Finicum's driver's window and asked for his license or explained the reason for the stop.
Harris asked, "Have you ever before in your life contemplated driving away from an officer?''
"Never,'' Cox responded.
Of Finicum's truck, Cox said, "That was our secure spot. We were afraid to get out. ... We felt like we were pinned down. We felt like we were going to all be killed. In fact, we were sure we were all in a death trap.''
Co-defendant Kenneth Medenbach stood to ask Cox a question but was quickly shut down by U.S. District Judge Anna J. Brown. He began: "Are you aware the jury has power to weigh ...''
"Stop!'' the judge demanded. "I'm not going to let a defendant ask any questions about jury nullification.''
"And the corruption continues,'' Medenbach added. The judge asked if he had any other questions to ask, and he didn't.
During a brief cross-examination, Assistant U.S. Attorney Craig Gabriel stopped the video that Cox took and showed a screenshot of Ryan Bundy, who was in the back left side passenger seat of Finicum's truck, holding a revolver in his right hand as he hunkered down.
Gabriel asked Cox if her video was a fair and accurate representation of what took place. She said yes.
And, in fact, Ryan Bundy had a revolver, Gabriel pointed out.
"I have no idea,'' Cox said. "I never saw a gun.''
Gabriel also noted that Payne, who was in the front seat of Finicum's truck before Finicum drove off from the initial, got out of the truck after a less-lethal round shot struck the vehicle.
"I heard a metal on metal ping. I have no idea,'' Cox said, regarding the round.
"Once they announced it was the Oregon State Police, you knew it was the Oregon State Police, right Ms. Cox?'' Gabriel asked.
Cox had testified during direct examination that she didn't know if they were really the police.
"You didn't accept their invitation to get out of the car, right?'' Gabriel asked.
"Yes,'' Cox responded.
Earlier Thursday, former Arizona Sheriff Richard Mack, who serves as president of the Constitutional Sheriffs and Peace Officers Association, testified that Ammon Bundy asked him to call Harney County Sheriff Dave Ward about three to four weeks before the refuge takeover.
Mack did, urging Ward to "put the federal government on notice he was in charge of the Hammonds.'' The Hammonds are father-and-son ranchers who were set to return to federal prison to serve out a mandatory minimum sentence for arson to federal lands.
"I asked him if he thought the Hammonds should go to prison and he said no,'' Mack testified. The judge told jurors to disregard his answer, sustaining a hearsay objection.
Mack said he participated in a Jan. 2 march and rally for the Hammonds in Burns but never went to the wildlife refuge. In fact, he testified under questioning by Ammon Bundy's lawyer Marcus Mumford, that he thought the refuge occupation was a bad idea.
"I felt it was a misguided protest,'' Mack said. "I told him somebody was going to get hurt, and he needed to get out of there. I kept telling him this was not going to have a happy ending, and I was very fearful for his safety and the other occupants. I knew he was a good man and I just prayed for him and his family.''
Mack also testified that he was surprised Sheriff Ward didn't arrest Ammon Bundy when the two met on a rural road outside the refuge on Jan. 7. "I thought it was derelict of duty,'' Mack said, but the judge struck that answer as well.
Questioned about who serves as the top law enforcement officer, Mack said, "It's the sheriff. Always has been.''
During cross-examination, Assistant U.S. Attorney Ethan Knight asked if Ammon Bundy ever mentioned adverse possession to Mack as one of his reasons for occupying the refuge. "He may have, but I don't remember what that is,'' Mack said.
A former FBI agent, Charles Stephenson, also testified for the defense, saying that most of the weapons he saw pictured in photos from the refuge occupation appeared to be in an "at rest, secure'' and non-threatening position. But he acknowledged that drawing a conclusion about someone's intent based on a "frozen'' moment in time without knowing the "totality of the circumstances,'' is impossible.
"Would it matter if a person were to carry a firearm in a place where they had no lawful right to be?'' asked Assistant U.S. Attorney Geoffrey Barrow.
"Yes,'' Stephenson replied.
During a break, the judge admonished Ammon Bundy's other lawyer, J. Morgan Philpot, when he argued to call a witness, citing her gender, and noting that most of the 12 jurors are female.
"Do not go there,'' Brown declared. "You are not going to draw an inference about the gender of a juror. ... It's highly inappropriate to focus on gender, race or sexual orientation. That's just flat out wrong.''
Later, Philpot said outside of court that it was the judge who had prohibited them from calling many of their female witnesses, on one basis or another.
Other defense testimony Thursday included:
--Fields resident Rebecca Kingen, who visited the refuge on Jan. 7, and brought her son, now 12 years old, to interview Ryan Bundy. Asked why she brought her son to interview Bundy for his school newspaper, Kingen testified tearfully, "It could be a way to show they are just like we are.''
Kingen said she didn't feel any danger at the refuge, and brought her daughter, now 8 years old, as well with her on the January visit.
Ryan Bundy presented a copy of the article that Kingen's son Monte wrote for his school paper, called "The Desert Rat,'' under the headline, "The Bundy Family Makes a Stand at Malheur National Wildlife Refuge.''
--Russel "Rusty" Hammond, the son of Harney County ranchers Dwight Hammond Jr. and brother to Steven Hammond, testified briefly that he had met Ammon Bundy for the first time on Dec. 15. He said Bundy told him he was in Burns "to bring attention to what was happening to my father and brother, and what was happening to our country with federal overreach.''
He also confirmed that his family has been threatened because of their contact with Ammon Bundy. He did not identify by whom.
--Diane Marie Holthaus, of Idaho, visited the refuge twice, including a week stay from Jan. 10 through 17. She said she mostly spent her time cooking and cleaning. She testified that Neil Wampler told her he was at the refuge to protest "the injustices against the Hammonds,'' and never talked about wanting to prevent federal employees from doing their work at the refuge.
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Ryan Payne's plea withdrawal
http://outpost-of-freedom.com/blog/?p=1717
Burns Chronicles No 33 – Ryan Payne’s Plea Withdrawal
October 13, 2016, 7:23 pm
Burns Chronicles No 33
Ryan Payne’s Plea Withdrawal
Gary Hunt
Outpost of Freedom
October 13, 2016
Back on July 13, Ryan Payne signed a plea agreement. As will be explained, below, he has now requested the Court to Withdraw Guilty Plea and Proceed to Trial by Jury and go to trial on the charges.Though it won’t be mentioned in the Motion, in addition to what follows, Ryan was threatened with a Terrorism Enhancement, if he went to trial and was convicted. That would be a 30 years sentence, but, as I said, the Court cannot recognize that, as it was part of negotiations.
So, let’s look at the picture that the Motion to Withdraw Guilty Plea gives us, at least in pertinent part. I will leave the citations in, for those who wish to review previous decisions on the subject: After entering a plea of guilty to Count 1, Mr. Payne stated the following as a factual basis for his plea, in the words of Ryan Payne:
“Ah, your Honor, the very first adult decision that I ever made was when I was 17, to join the military of the United States. And in so doing, I took an oath to uphold and defend the Constitution. I traveled to Harney County, here in Oregon, under the pretense that this was my intent. That I was coming to uphold and defend the Constitution.”
"In pursuing that effort, I understand I — I have come to understand that folks who were — who work for the Government, that that Constitution ordained, perceived my actions as threatening or intimidating. And, thereby, I – I understand myself to have been guilty of the charge that I’m charged with.
The Court inquired whether Mr. Payne agreed that his actions actually impeded government officials. Mr. Payne responded, “[a]s it has been presented to me, it is my understanding that I did, your Honor.”
So, Ryan went to the Malheur Refuge with the intention (not a criminal intent, rather, a patriotic intent) to defend the Constitution. And, that is what this whole trial is about..
Then, he points out, not that he threatened or intimidate, rather, that those folks at the Refuge “perceived” his actions as threatening. So, he “understands”, rather than believes, that he is guilty. That is based on the information provided to him, as well as any other influences as to what the consequence might be if he proceeded to jury trial (see the second paragraph for one of those influences).
Now, getting to some conditions that justify his withdrawal of the plea, we find that there had been a lot of information withheld from him — upon which he was to make that decision. Here are two elements of information that was not made available, which we now find had exculpatory (possibly proving innocence) evidence that has since come to light.
Subsequent to the change of plea hearing, the prosecution produced seven additional volumes of discovery to all defendants. The later discovery productions included materials that became exhibits in the trial of co-defendants currently ongoing before the Court.
Additionally, subsequent to the change of plea, the government acknowledged the use of confidential informants, such as Mr. Mark McConnell, that had not been disclosed to Mr. Payne on the date he entered a plea.
Now the legal basis justifying his right to withdraw:APPLICABLE LAW AND BASIS FOR WITHDRAWAL Federal Rule of Criminal Procedure 11(d)(2)(B) governs withdrawal of guilty pleas. The Rule “directs a district court to permit a defendant to withdraw a guilty plea before sentencing if the defendant comes forward with any fair and just reason for doing so.” United States v. Ortega- Ascanio, 376 F.3d 879, 887 (9th Cir. 2004). Although a defendant may not withdraw a guilty plea “simply on a lark,” the fair and justice standard “is generous and must be liberally applied.” United States v. Ensminger, 567 F.3d 587, 590–91 (9th Cir. 2009).
The timing of the motion to withdraw a guilty plea is critically important. Before sentencing, a defendant “need not prove that his plea is invalid” in order to meet the standard for withdrawal of the plea. Oretega-Ascanio, 376 F.3d at 884. Instead, a more liberal standard applies, permitting withdrawal of the plea on grounds including “inadequate Rule 11 plea colloquies [formal discussions], newly discovered evidence, intervening circumstances, or any other reason for withdrawing the plea that did not exist when the defendant entered his plea.” Id. at 883 (citing United States v. Turner, 898 F.2d 705, 713 (9th Cir. 1990)). If a defendant demonstrates one of these grounds, withdrawal of the plea should be “freely allowed.” United States v. Showalter, 569 F.3d 1150, 1154 (9th Cir. 2009).
Then, in itemizing the elements that are mentioned, his attorney, Rich Federico, provides the following:
A. Intervening Circumstances in the District of Nevada Provide a Fair and Just Reason for the Court to Permit Mr. Payne to Withdraw his Guilty PleaAs stated during the change of plea hearing, the foundation of the Oregon plea agreement was that an agreement would also be reached in Nevada. Mr. Payne was given a very short period of time in Oregon from the date the plea offer was received on July 12th, before that offer expired at 5:00 PM on July 13th. On the date Mr. Payne signed the Oregon plea agreement, the Nevada offer was only in a draft format. Notably, the entire “statement of facts” section of the Nevada plea offer had been left blank. When Mr. Payne arrived in Nevada, he was only then provided a “statement of facts” that Nevada prosecutors demanded he agree to in order to secure the deal. Subsequent negotiations have not been able to break through the differences between the parties in Nevada.
On the date he entered a guilty plea in Oregon, had Mr. Payne known all the terms of the deal in Nevada, he would not have signed the deal in Oregon.
Additionally, Mr. Payne’s case is unique in that he is being prosecuted simultaneously in two federal districts, in complex trials. This Court previously acknowledged that having Mr. Payne and his co-defendants be charged in both districts was “a most unusual situation the defendants are facing here.” The “unusual situation” of simultaneous prosecutions should be considered by the Court when weighing whether intervening circumstances in another case, in another district, are compelling to meet the “fair and just” standard. Because the parties and Mr. Payne were clear at the change of plea hearing that the “foundation” of the Oregon plea deal was reaching a similar deal in Nevada, the change in circumstances upon Mr. Payne’s arrival to the District of Nevada weigh in favor of granting withdrawal of his plea.
Ryan had been deceived by Nevada, and given an incomplete document, relying, instead, on verbal promises — which prove to be worthless. He had been led to believe what the Nevada plea would entail, but found that it was not as represented. He also had to consider the “most unusual situation” where he would have to prepare defenses in both states, while still detained, under guard, with limited access to attorneys, and nearly no access to those outside who may have been able to help him prepare his defense.
B. Newly Discovered Evidence Was Provided After Mr. Payne’s Guilty Plea
Although many of the facts of what occurred at the Malheur Refuge are not in dispute, the legal significance attributed to those facts is highly disputed. Proof of a conspiracy requires intent. Thus, any and all statements of intent, motive, and purpose are extremely relevant to an ultimate determination of guilt.
Subsequent to the change of plea hearing, the government produced seven additional volumes of discovery to all co-defendants. Some of this new information was particularly germane to Mr. Payne. For example, it included a video that depicts Mr. Payne talking to many others at the Refuge on January 7, 2016. In the video, Mr. Payne is shown discussing the goals of the protest, discussions he and others previously had with Harney County Sheriff Dave Ward, and Mr. Payne’s clear statements to alleged co-conspirators that they do not want violence. The existence of corroborating evidence of Mr. Payne’s non-violent intentions is a factor for the Court to consider when evaluating the effect of new evidence.
More significantly, prior to Mr. Payne’s change of plea hearing, the government had not disclosed the extent of its use, nor the names of confidential informants employed by the government to infiltrate meetings at the Refuge and elsewhere. It has now been revealed that some of the inculpatory [proving guilt] conduct and statements attributed to Mr. Payne apparently were made to confidential informants, a fact previously unknown to Mr. Payne. Had Mr. Payne and his counsel been aware of this basis for impeachment of the government’s potential witnesses, they could have evaluated the strength of the government’s case differently.
Newly discovered information need not be exculpatory in order to warrant withdrawal of a guilty plea. United States v. Garcia, 401 F.3d 1008, 1011 (9th Cir. 2005) (noting that defendant need not “show that the new evidence exonerates him or that there is a reasonable probability he would not have been convicted had the case gone to trial”). Instead, the question is whether the new evidence “could have at least plausibly motivated a reasonable person in [the defendant’s] position not to have pled guilty had he known about the evidence prior to pleading.” Garcia, 401 F.3d at 1111–12. Again, in weighing whether newly discovered evidence provides a basis to permit Mr. Payne to withdraw his guilty plea, the Court must apply the standard liberally towards the relief he seeks.
If we understand that hearsay evidence is inadmissible, then we find that the government has provided, in Discovery, hard evidence of things that might have been said. And, no evidence that might exist that would dispute the inculpatory evidence, so that there was a means of countering what had been provided. Where having that which had not been provided might, at least, afford a fair hearing, might be the reason for pleading out of frustration, rather than fighting the battle in court.
C. The Rule 11 Plea Colloquy Demonstrated that Mr. Payne Did Not Fully Agree to the Factual Basis for his Plea to Count 1
It is clear from his responses at the change of plea hearing that Mr. Payne had serious misgivings and reservations regarding the factual basis for his plea. His responses were equivocal, at best, regarding the factual basis and whether he believed he was really guilty of the crime. For example, Mr. Payne stated that “I have come to understand that folks who were — who work for the Government, that that Constitution ordained, perceived my actions as threatening or intimidating.”
This followed a statement in which Mr. Payne said that his true intent in traveling to Harney County, Oregon was to “uphold and defend the Constitution.” He also stated that “as it has been presented to me,” it was his understanding that his conduct actually impeded federal officials through threat or intimidation. The only response regarding the factual basis that was unequivocal was a simple affirmative response (“I did, your Honor”) to the question pointed specifically towards whether he entered into an agreement to intentionally engage in conduct. The Court need not find that Mr. Payne’s plea was invalid to allow him to withdraw it. Oretega-Ascanio, 376 F.3d at 843. When the Court liberally applies the “fair and just” standard, it should consider, as a matter of fairness, that Mr. Payne was extremely equivocal in his responses regarding the factual basis for his plea. His equivocations, coupled with the pressure of the situation and the statement of his true intent to engage in lawful conduct, may also persuade the Court that Mr. Payne’s guilty plea should be withdrawn.
So, when you do not have the means, or evidence, to prove the truth, and the government, through discovery, has only provided that which offers no substantiation of the truth, you have little choice but to capitulate. But, wait, the government was withholding that exculpatory evidence until after the plea agreement was signed.
So, it appears that those three conditions necessary for the Judge to grant his Withdrawal, are clearly supported in the Motion.
Finally, what Ryan is seeking is, “a trial by jury at a date and time to be determined.”
This is a rather interesting turn-around and creates an even more interesting dilemma for Judge Anna Brown. It would be difficult to join Ryan with the remaining Oregon defendants, since their trial will be going on at the same time as the Nevada (Bundy) trial, in February. This would require either rescheduling the next Oregon trial to avoid that conflict, or try Ryan separately, at some other time.
However, what led to this are the mountains of Discovery information, and then the Prosecutors feeding out only inculpatory evidence, leaving the defense attorneys to paint a rather dismal picture, concerning being able to obtain a not guilty verdict. And, as pointed out, above, the threats of a 30-year sentence cannot even be considered, as they, unlike the plea agreement and transcript, are not a part of the Record.
This is just one more instance of chicanery by the government’s Department of Justice that leads to many thousands of plea agreements, and no fair hearing in court. It also provides us even more insight into the technique of spying, not on foreign enemies or foreign governments, but on the people of this country; Those who tend to believe that the government continues to eliminate, piece by piece, those fundamental rights the Founders fought for, and then embodied in the Constitution, almost 230 years ago.
Note: There is an article, written by Ryan Payne, posted today, at “Bundy Affair“. It includes some discussion of the events related to the Burns event.
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
John Lamb's cideo report on the Malheur Protest trial Oct. 13
http://youtu.be/L4r9RqTGgeg
https://youtu.be/L4r9RqTGgeg
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Oregon Live Governor knew occupiers were going to John Day in mid-January
http://www.oregonlive.com/oregon-sta..._occupier.html
http://image.oregonlive.com/home/oli...atars/4406.pngBy Maxine Bernstein | The Oregonian/OregonLive
Email the author | Follow on Twitter
on October 13, 2016 at 7:02 PM, updated October 13, 2016 at 7:30 PM
Concerns about refuge occupiers heading to Grant County reached Gov. Brown's office in mid-January
A Jan. 15 email between staffers in Gov. Kate Brown's office reveals there was concern about the occupiers of the Malheur National Wildlife Refuge heading to Grant County.
One Grant County commissioner even suggested to the governor's natural resources liaison that the open road on U.S. 395 between the two counties would be a good spot to arrest them.
Eleven days later, state police and federal agents moved in and conducted a high-risk felony stop on a Jeep and white Dodge truck carrying Ammon Bundy and other leaders of the occupation as they were driving to a community meeting in John Day, located in Grant County. Ammon Bundy and several co-defendants were arrested there.
Ammon Bundy's lawyer Marcus Mumford wanted to introduce the email as evidence in their defense case.
Read the email between two members of Gov. Kate Brown's office
Mumford argued Thursday that it showed that authorities knew in mid-January that the aim of the occupation of the Malheur National Wildlife Refuge was to spread a political message, not to interfere with federal employees at the federal bird sanctuary.
Prosecutors objected to the email being offered, citing it as hearsay evidence and irrelevant. They've argued there's no suggestion that the information shared in the email factored into any of the planning that was involved in the arrests of the occupiers.
U.S. District Judge Anna J. Brown ruled that the email cannot be presented to the jury.
The email, provided by Ammon Bundy's lawyer to The Oregonian/OregonLive, is written by Brett Brownscombe, the natural resources liaison in the governor's office, to Heidi Moawad, the governor's public safety liaison.
Brownscombe shared with Moawad his conversations with Harney County commissioner Steve Grasty, commonly called Judge Grasty
"Judge Grasty flagged that local militia/occupiers had been heading over to Grant Co. to make visits with people there and potentially establish and (sic) occupation,'' the email read. "He is very concerned about exponential growth of occupations in other counties.''
Brownscombe wrote that he also spoke with Grant County commissioner Boyd Britton to find out what information he had learned.
Britton had informed Brownscombe that the refuge occupiers had visited his county at least twice, including a meeting with Grant County Sheriff Glenn Palmer over lunch, the email said. Some in the Grant County community were already "agitating in ways that support the Bundy occupation,'' Britton reportedly told Brownscombe.
"Grant Co. Sheriff Glenn Palmer is potentially highly sympathetic to the occupiers/Bundy message,'' Brownscombe wrote of Britton's observations.
Britton was concerned, Brownscombe wrote, that if Ammon Bundy and his supporters attempted to occupy a government property in Grant County, such as the courthouse or a U.S. Forest Service office, it was possible the local sheriff would not enforce the law.
Brownscombe wrote of his concern that the occupiers might use the upcoming Martin Luther King Jr. Day "to make a new kind of civil rights statement.''
He also passed along an idea offered by Grant County commissioner Britton:
"There is a lot of open road traveling between Harney and Grant Co. Doesn't it seem like an opportunity for law enforcement to stop the occupiers on their way and make some arrests?''
Britton's also had questioned who would have the authority to step in and assert a law enforcement role if Grant County sheriff refused to enforce the law, the email said.
Ammon Bundy's lawyers had subpoenaed both Brownscombe and Moawad to testify, but the judge isn't expected to allow them to take the stand.
The government is expected to agree to a stipulation that doesn't go beyond the fact that the governor's office never responded to Ammon Bundy's "redress of grievances.''
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Todd Macfarlane Oct. 13, Malheur Protest trial.
http://rangefire.us/2016/09/29/ongoi...-defense-case/
DAY 18 — Thursday, October 13, 2016
Today, the Defense called four witnesses, including Sheriff Richard Mack, Former FBI Agent Charles Stephenson, Shawna Cox, and Becky Kingen, from Fields, Oregon.
Sheriff Mack testified that he had several conversations with Ammon Bundy and told him that in his opinion, the occupation was misguided, and the occupiers should do something different, and should leave the Refuge. He also testified that he talked to Sheriff David Ward at least twice before the occupation began on January 2, 2016, and strongly encouraged him to do something to help the Hammonds. He said that in his opinion, Ward was derilect in his duties as county sheriff, and as far as he was concerned Ward should have arrested Ammon for trespass, and dealt with it at the county level.
Agent Stephenson testified as a firearms expert. He said that he did not observe any firearms at the Refuge that were not either secure or at rest. He did not observe any improper use, display or handling of firearms at the Refuge.
http://rangefire.us/wp-content/uploa...awna-Cox-1.jpg
Defendant Shawna Cox also testified. The most significant aspect of her testimony was that she was able to play the recording from her cell phone from inside LaVoy Finicum’s truck when she and the other defendants were arrestedd, and Finicum was killed. The prosecution and Judge Brown had been working hard to keep out any reference to LaVoy Finicum and his shooting death out of the case, but it all came in today with Shawna Cox’s recording. Many court observers have stated that Judge Brown suddenly seems more humble, or resigned than she has ever been in this case.
The final witness of the day was Becky Kingen. She said she took her 11 year-old son to the refuge to interview Ryan Bundy for a school report. He wanted to do the report “because they seem like people just like we are.”
Side Note: I have met young Monty Kingen. He attends the (K-8) one-room school in Fields, along with about 12 other students. I would like to read the report he wrote about the occupation.
Will be on Rural Route with Trent Loos tomorrow morning to discuss the trial, and from what I understand, Harney County ranch woman, Erin Maupin, may be joining us. We’ll post a link to the discussion.
For contrasting perspectives and reporting, you can also follow Maxine Bernstein for OregonLive, and Conrad Wilson for Oregon Public Broadcasting (OPB), Bundy Court Sketches on Facebook, John Lamb on Facebook, Gary Hunt at Outpost for Freedom and Redoubt News.
At RANGEFIRE! we believe in the need for alternative voices to mainstream media commentary and coverage of these issues.
RANGE / RANGEFIRE! — Addressing Issues Facing the West / Spreading America’s Cowboy Spirit Beyond the Outback
https://s19.postimg.org/igw5fjaw3/image.png
I think this is Monty Kingen at the Refuge being interviewed by Pete Santilli.
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
15 paid informants at the refuge. The government may be forced to identify all.
Sarah Redd Buck
1 h ·
Trial update:
Confirmed in court AGAIN for all those gullible people out there that MARK MCCONNELL WAS A PAID INFORMANT.
He is good at what he does so he has convinced many that he isn't EVEN after it was said twice in court. SMH but again in court, for the third time, it was confirmed today that MARK MCCONNELL WAS A PAID INFORMANT.
Also Terri Linnell. I guess At least she has taken responsibility. He never will. He says by the time he is done with me, I won't even have enough money to buy ice cream. He has done a pretty good job at trying to destroy me, my character, and my name. But I believe it's important that the truth is known even if I have to suffer and sacrifice. The truth is important. The safety of others is important. Why is it important? So that no other American and/or their family has to suffer again by being set up by any of these 15 ever again.
There are 15 of them and legally the rest of the names will have to be released or the charges will have to be dropped. With the amount of informants that there were you can't conspire with an informant and that is what the charge is. The judge is hesitant to release the names but Ammon's attorney is fighting and pushing very sternly that legally the names HAVE to be released so we can confirm which reports belongs to who OR the charges need to be dropped. Those are the options. Very possible that by the end of court today those other names will have been released. Stay tuned. Also watch John Lambs update on David Fry taking the stand and what came out during that.
By the end of this trial we will probably see that the government conspired with themselves to set up good American people!! And just like those FBI agents that lied 3xs about firing shots that murdered LaVoy Finicum are still roaming free, those who conspired against good Americans will also probably roam free. This is our reality right here in America folks! Are you awake yet?
21 Me gusta5 comentariosCompartida 29 veces
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Something humble and sincere in the court today
https://www.facebook.com/WithChastit...10018269321179
Claud R. Franklin3 hrs ·
Awesome.
Today, in court, something so humble and sincere that you probably have never seen before.
As witness Duane Schrock (Harney County, OR) rancher concluded his testimony in the USA v. Ammon Bundy trial, the witness left the stand and walked over to the table where Defendant Ammon Bundy was seated and humbly handed him his hat. The US Marshalls immediately swooped in and took the hat.
As Mr. Schrock left the court room, the question was put to him why he had done it. He responded that he had given his hat to "the only many who deserved it."
Once in a while in life, humble statements are witnessed that speak louder than almost all other things. God Bless men like Duane Schrock and Ammon Bundy.
- Lisa Bundy Angie Huntington Bundy Carol Bundy
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Oregon Live's Maxine Bernstein Malhuer Protest Trial Oct. 14
http://www.oregonlive.com/oregon-sta...es_fed_fb.html
http://image.oregonlive.com/home/oli...atars/4406.pngBy Maxine Bernstein | The Oregonian/OregonLive
Email the author | Follow on Twitter
on October 14, 2016 at 3:38 PM, updated October 14, 2016 at 5:35 PM
15 confidential sources fed FBI info from Malheur National Wildlife Refuge
The FBI had 15 confidential sources feeding them information from their contacts with occupiers at the Malheur National Wildlife Refuge, a prosecutor confirmed in court Friday.
Ammon Bundy's lawyer Marcus Mumford is urging the court to compel prosecutors to identify their informants before the defense rests its case in the federal conspiracy trial against his client and six co-defendants.
"We're being prosecuted based on the collective actions of others,'' Mumford argued.
Defense lawyers, he said, don't know what these confidential sources "did or how they contributed'' to the alleged conspiracy during the 41-day armed takeover of the federal bird sanctuary in eastern Oregon.
Two of the 15 have been identified through trial as Mark McConnell, who was driving the Jeep when Ammon Bundy was arrested on Jan. 26, and Terri Linnell, who was called as a witness by the defense.
U.S. District Judge Anna J. Brown asked the government to provide her with unredacted reports from the 15 informants. Each is formally described by the FBI as a "CHS'' or confidential human source.
Defense lawyers had received heavily redacted reports on the sources, and their identities were unknown.
Brown later Friday learned that there are 129 reports stemming from the sources that she plans to review over the weekend before ruling whether to grant Mumford's motion to compel release of the sources' names or other information.
In other action Friday, the defense called Crane rancher Duane Schrock, who testified that FBI agent Ben Jones visited his ranch.
Schrock, who had been subpoenaed to appear as a defense witness, testified that he felt intimidated by Jones.
"He was asking if there was something that I saw and wanted me to say that I saw it,'' Schrock said.
Schrock said he had visited the refuge at least three times a week and brought other ranchers to attend presentations on "the Constitution and their rights.''
Until occupation leader Ammon Bundy came to Harney County, Schrock said, "I stuck my head in the sand,'' and was living a quiet life.
Schrock, selected to serve as a member of the Committee of Safety formed in Harney County, said he encouraged Bundy to stay in the county.
The defense also called Timothy Puckett Jr. to testify. Puckett works on his father's ranch about a quarter-mile east of the refuge. It was a fence bordering the Puckett ranch that Bundy and others cut down during the occupation.
Puckett, testifying via a video feed from a friend's home in Burns, said Ammon Bundy and older brother Ryan Bundy had visited him and he considered them friends. He said the Bundys had permission to be on their property and that a farm hand gave them permission to cut a couple of T-posts from the fence. He said the fence was in poor shape from an earlier flood.
During cross-examination, Assistant U.S. Attorney Ethan Knight quickly pointed out that the fence was the property of the U.S. Fish & Wildlife Service.
"So you couldn't have given authority to cut that fence'' even if you did?
"No,'' Puckett acknowledged.
The jury was sent home about 2:30 p.m. Friday. Testimony is expected to resume Monday morning. The case likely will be sent to the jury sometime late next week.
A motion to quash a subpoena from defendant Ryan Bundy seeking documents and donation information from the nonprofit the Friends of the Malheur National Wildlife Refuge is pending before the court.
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Shari Dovale Redoubt News Oct. 13 Malheur Protest trial "The Corruption Continues!
http://redoubtnews.com/2016/10/13/ma...ion-continues/
Malheur 7 – The Corruption Continues!
http://i2.wp.com/redoubtnews.com/wp-...size=678%2C381
Malheur 7 – The Corruption Continues!
By Shari Dovale
After 2 days off this week for holidays, Judge Brown resumed the case of the Malheur Protest Trial and made every effort to speed up the defense case to conclusion.
Firearms expert, Charles Stephenson, took the witness stand early to explain to the court the proper way to hold and secure weapons. Marcus Mumford, Ammon Bundy’s attorney, showed him a series of photos and videos entered into evidence by the prosecution. Stephenson explained through each item that the people depicted in them were using proper firearms training techniques and weapons handling. There should be nothing threatening by any of them.
http://i0.wp.com/redoubtnews.com/wp-...size=295%2C300
Sheriff Mack in Burns, OR
Aheriff Richard Mack, President of the Constitutional Sheriffs and Peace Officers Association (CSPOA) took the stand next. He testified that he knew Cliven Bundy from his days fighting the Brady Bill, and meeting Ammon in April 2014, when a standoff took place between citizens and the BLM in Bunkerville, NV. Calling Deputy Tom Roberts a hero for being instrumental in a peaceful resolution to that event was enough to get the prosecutors scrambling in objections, which of course Judge Brown sustained.
Mack also discussed how he made several attempts to talk to Sheriff David Ward about protecting Dwight and Steven Hammond from going back to prison. Though Ward admitted that he did not think the Hammonds should go back to prison, he was not interested in standing up for these citizens and chose instead to quit accepting Mack’s phone calls.
Sheriff Mack got emotional when he talked about the occupation of the Refuge. Mack told Ammon to get out of the Refuge, as he believed it to be a misguided protest where someone was sure to get hurt. Ammon responded to him saying that he had “never felt so strongly about something in my life.” Ammon felt that he had been inspired by God.
http://i1.wp.com/redoubtnews.com/wp-...size=300%2C167
Malheur Protest Trial defendant, Shawna Cox. Photo: Redoubt News
Shawna Cox took the stand and was one of the few witnesses to swear “So Help Me God.” She and her side counsel, Tiffany Harris, presented the video that Shawna took on January 26, 2016. From inside LaVoy Finicum’s truck, the jurors saw the tense final moments of LaVoy’s life and the fear that the rest of the passengers felt that day.
Shawna took several moments after the video played to collect herself, as many of us did in the audience. The prosecution made every attempt to twist the facts, implying that Shawna knew that Ryan Bundy had a small handgun. Judge Brown allowed the prosecution multiple attempts to trick Shawna into changing her testimony that she didn’t know the gun was there.
Even after the defense objected to the same question being asked over and over again, all Judge Brown would do was say, “He is entitled on cross to test the witnesses response.” However, when Ryan Bundy asked, “The right to self defense can be considered the first law of nature, right?” Judge Brown admonished him for being argumentative.
It did not end there. Ryan asked, “Do you have the right to keep and bear arms?” Judge Brown, again, got upset and said the statement called for a legal opinion. “You know better than to keep asking these questions!” she reminded him.
http://i2.wp.com/redoubtnews.com/wp-...size=249%2C300
Kenneth Medenbach
Judge Brown was obviously shaken up when Kenneth Medenbach questioned Shawna. “Mrs. Cox, are you aware that the jury has the inherent power to judge both the law and the facts in this case?” Medenbach asked her before the judge shut him down. Judge Brown actually used the phrase “jury nullification” in front of the jury and said “You MUST accept the ruling of the court!”
Judge Brown thought she was having a good day chopping the defense case to sheds until these questions got passed her. However, she is still on the warpath for the defense. She has cut their witness list from about 24 people to just a handful, claiming that they don’t need the repetitive witnesses.
Brown has been micro-managing the defense case, by telling them who they can call and who they cannot call as witnesses. Additionally, she tells them what questions they can ask each witness. They have a potentially explosive witness coming up tomorrow, however, Judge Brown has already started shutting down that testimony. She does not want anything to interfere with the conviction she is working for.
As Kenneth Medenbach stated loudly in court today, “The Corruption Continues!”
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Video of Ryan Payne shot with less than lethal round.
http://youtu.be/AJFE18K84Vw
https://youtu.be/AJFE18K84Vw
-
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters