When Government Can’t Take ‘Not Guilty’ For an Answer: New at Reason

The feds are engaged in an extended grudge match against western dissidents, without regard for the cost to justice or the taxpayers.

J.D. Tuccille writes:

“The federal government is all about keeping the status quo,” attorney Jess Marchese tells me. “They’re not going to cede power.”

I had asked Marchese, who represents Eric Parker in legal proceedings resulting from the 2014 Bundy ranch standoff over control of western lands, why he thought the federal government was taking yet another crack at his client who, along with codefendant O. Scott Drexler, will face the third trial in a row on a diminishing set of charges. The Las Vegas lawyer’s take was that this had become a matter of pride for both the federal government and for Acting U.S. Attorney Steven W. Myhre after juries repeatedly frustrated federal prosecutors.

A mistrial was declared in April by U.S. District Court Judge Gloria Navarro after two of the six defendants in that trial were convicted on lesser charges, while jurors voted 10-2 in favor of acquitting two and split on the others, according to news reports. Just last week, jurors returned not a single “guilty” verdict in the retrial of the four remaining defendants. Found “not guilty” on all charges, Richard Lovelien of Oklahoma and Steven Stewart of Idaho were released after the federal government failed twice in its efforts to send them to prison. That left two defendants in limbo after the charges against them resulted in hung juries. Again.

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