The trial of rancher Cliven Bundy is on hold until December 20, as judge Gloria Navarro looks at potentially valuable discovery evidence that could lead to a continuation of the case or a mistrial.
John L. Smith says that evidence is a video that makes the defense case that militia members feared for their lives.
“It was clear that the defense was pretty pleased with what discovery had finally uncovered,” Smith said.
Smith said the evidence is sealed at this point but the prosecution is obligated to turn over evidence in a "timely manner" and if it doesn't the defense can argue that it didn't get a chance to stop the whole trial.
“The judge said that in several instances there is evidence that rose to a certain level of importance potentially that wasn’t turned over in a timely manner,” he said.
If the judge doesn't declare a mistrial, the prosecution will pick up where it left off, Smith said. He said the U.S. Attorney has dozens of witnesses yet that support its argument that federal agents were exercising a court-ordered cattle impound and the only reason tensions were high was because of the Bundy's reaction to that effort.
But the new evidence may go a long way to supporting the Bundy's contention which is that the BLM had snipers on hillsides, which is why they called for help from armed militia members.
John L. Smith, contributor
