150 Militia Take Over Makhuer National Wildlife Preserve Headquarters

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Tribal elder testifies for the defense

Warren was called back to the witness stand after recess. She was asked yes-or-no questions about her phone call with an FBI agent. Warren said she felt “threatened.”

That prompted Judge Brown to again warn her not to volunteer any information she was not asked to provide in a question. That could cause a mistrial if she continued to volunteer unasked-for information, the judge said.

But it is just fine for prosecution witness Dave Ward to give unsolicited testimony -


http://koin.com/2016/09/28/defense-t...tandoff-trial/

Malheur trial: Ammon Bundy may take stand soon

https://lintvkoin.files.wordpress.co...h-2.jpg?w=1248Attorney Marcus Mumford with his client Ammon Bundy during opening statements in the Malheur Refuge takeover trial, September 13, 2016 (For KOIN: Sketch Artist Deborah Marble)


PORTLAND, Ore. (KOIN) — The defense took center court Wednesday in the trial of the 7 people accused in taking over the Malheur National Wildlife Refuge, and it didn’t take long for Judge Anna Brown to admonish them.

And it isn’t taking long for the defense to present its case. Judge Brown said the defense could wrap up their evidence presentations early next week, with closing arguments possibly near the end of the week.

It’s also possible Ammon Bundy could take the stand as early as Thursday.

Lawyers representing Ammon Bundy, Jeff Banta, Neil Wampler and David Fry began making their cases to the jury. Defendants Ryan Bundy, Shawna Cox and Kenneth Medenbach are representing themselves.

Throughout the morning, Judge Anna Brown expressed frustration at the defense’s disorganization, and at one point said “Get it together, folks.”
The 7 defendants are accused of impeding federal refuge employees from carrying out their work through intimidation, threats or force.

Complete coverage:
Malheur Takeover

Two defendants are also charged with theft of government property. Five face an additional charge of possession of a firearm in a federal facility.
Still to come

Rev. Franklin Graham, who came to the refuge with Nevada legislator Michele Fiore to help the final 3 occupiers surrender, is expected to be the first witness on Thursday.
Harney County Sheriff Dave Ward may be called back to the stand and then Ammon Bundy may be called.

Defense witnesses begin
Witnesses for the defense were quickly called. The first witness called was FBI agent Marc Maxwell, who was on the phone with David Fry, the last person to surrender from the refuge.

Maxwell testified Fry said he was suicidal and said the situation was “tense and emotional.”

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Ammon Bundy (plaid shirt) argues with Harney County deputies and FBI outside their office, Jan. 22, 2016 (KOIN)

Confederate Tribes elder Sheila Warren took the stand next. She said she went to the refuge during the standoff and looked for guns but never saw any. She said the occupiers were friendly and welcoming.

She inspected tribal artifacts stored at the refuge to see if they had been handled by the occupiers and only noticed they were dirty and had rodent droppings on them. This, she said, didn’t prove whether they had been touched by the occupiers.

The FBI tried to speak with her about what she saw when she was there, but Warren said she “didn’t trust the FBI” and didn’t speak with them.

Warren was called back to the witness stand after recess. She was asked yes-or-no questions about her phone call with an FBI agent. Warren said she felt “threatened.”


That prompted Judge Brown to again warn her not to volunteer any information she was not asked to provide in a question. That could cause a mistrial if she continued to volunteer unasked-for information, the judge said.


Ammon Bundy a ‘face-to-face kind of guy’

FBI agent Christopher Luh was then called to the stand. Luh, a trained crisis negotiator who spoke extensively with Ammon Bundy by phone during the standoff, said Bundy showed up at the Burns Municipal Airport hoping for a meeting.

Ammon Bundy, Luh said, “is a face-to-face kind of guy.”

The defense played a phone call between them. Bundy told Luh things were “great” and that he “wanted to get the land back into the right hands.”

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An armed group occupying the Malheur National Wildlife Refuge took down a fence Monday, Jan. 11, 2016. (KOIN)

The refuge, Bundy said on the phone call, was in bad shape and the occupiers were doing maintenance, cleanup and fixing what they considered to be fire hazards.
Bundy told Luh the local citizens “should be able to manage those lands as a free people,” and that the Bureau of Land Management was there to make money off fires, not put them out.

He also re-iterated that the reason the Malheur National Wildlife Refuge was chosen was because of the prison sentences imposed on local ranchers Dwight and Steve Hammond for burning property on federal land.

When Luh asked Bundy how he saw the standoff ending, Bundy said he saw the land being turned over to the county and used as a resource cneter to help rancher under county jurisdiction.

“We’re not going to escalate [anything],” Ammon Bundy told Luh on that phone call. “We’re here to work, here to shake your hand… let you know that I am a good person, not a threat… not going to use violence. That’s never been our style and that’s not what we’re here to do.”

Ammon Bundy added, “We have a situation here that needs to be resolved and we’re not going to ignore that.”

Afternoon FBI witnesses
In afternoon testimony, 3 FBI agents confirmed Mark McConnell — the informant driving the car the day Bundy and the others were arrested — was paid $2000 by the FBI. McConnell’s son was also paid $2000.

Andy Dunbar, whose ranch is next to the refuge, let the FBI use his land for access to the refuge, the FBI agents testified.

The prosecution rested its case Tuesday afternoon. Witnesses including Harney County Sheriff David Ward, refuge managers and employees, FBI agents and other law enforcement officers were among those called to testify.

KOIN 6 News is in court Wednesday and will follow this story.

Trial for the Malheur Refuge occupation