Judge raises possibility of mistrial in Bundy armed standoff case

Cliven, Ammon, and Ryan Bundy, along with fourth defendant Ryan Payne, appear in federal court at the beginning of their trial in Las Vegas on Oct. 30, 2017. (Stewart Freshwater)

It appears that the trial related to the armed Bunkerville standoff in April 2014 could be headed for a mistrial.

Judge Gloria Navarro introduced that possibility during open court Monday morning when she reviewed a list of witnesses, documents and other information that she said the government did not provide to defendants in a timely fashion.

She then dismissed the jury to go into closed court to discuss the issue with prosecutors, defendants and attorneys. The jury had already been on a week-long break.

Family Patriarch Cliven Bundy is on trial along with sons Ammon and Ryan Bundy as well as Montana militiaman Ryan Payne.

According to News 3 sources, Navarro has given prosecutors until noon Friday to file a motion to try and remedy the apparent mistakes related to the Brady-Giglio rulings by the U.S. Supreme Court.

Navarro has then given the defense until next Monday to file a response to the government's Friday filing.

Dating back to 1963 with subsequent rulings, the Brady v. Maryland decision holds that the suppression of evidence favorable to an accused upon request violates due process, said Las Vegas attorney Paul Padda.

There have been three weeks of testimony in the case that most followers expected at its October start to last until February.

The jury has been dismissed until Dec. 20 at 8 a.m. and the judge and lawyers and defendants work on the evidence issues.

"If the judge is letting the jury go home for nine days, it tells me she is prepared to drop the hammer for the defense," Padda said in an email. "This is potentially very bad news for the government. Judges like to keep cases moving along. I could see the judge dismissing the jury for two days but nine days! In a federal trial that is an eternity."

close video ad
Unmutetoggle ad audio on off