On December 20, 2017, Judge Navarro declared a mistrial in a criminal case against Nevada rancher Cliven Bundy and three other men accused of leading an armed standoff with federal agents that took place in April 2014. According to Arizona news website AZCentral, Navarro declared a mistrial because "U.S. prosecutors willfully withheld critical and 'potentially exculpatory' evidence from the defense."[15]
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March 13, 2017
The Prosecution then calls to the stand Hugh Gourgeon, President of Challenger School Foundation in Sandy Utah, who is French with a really thick accent and was very hard to understand. Mr. Gourgeon took several photos and cell phone video, for which he claimed he didn't realize he was taking video only photos. Gourgeon's photos and videos consisted of getting a ride to the bridge, going down into the wash, filming the prayer before they protestors went the get the cattle. Gourgeon was questioned about children being at the protest. There was a lot of confusion in the court about the testimony about him being under the northbound bridge versus the southbound bridge along with other individuals, it was never clear which bridge they were talking about but, Gourgeon made several trips up and down the hill from the wash topside to the bridge on the road. Gourgeon said he went to the bridge in the wash because "he felt he was going to be shot"! At this point several of his photos/videos were entered into evidence of Eric Parker and Scott Drexler on the bridge and a couple other people kneeling down. Through questioning Gourgeon discloses that the FBI came to his work and to his home to serve a subpoena to get his photos and videos. Gourgeon gave them to his attorney and his attorney gave them to "the government". The Prosecution tried to submit an email Gourgeon received from Carol Bundy talking about the event Georgeon had attended. The Defense objected siting the "co-conspirator statement" classification. The Prosecution argued Carol Bundy is not charged as a co-conspirator but will prove later that she is, siting the Bundy Ranch Blog and the email being sent by her, which Judge Navarro sustained the objection for now.Today's testimony was instrumental in making the governments case that Ricky Loveland was a "superior" in the conspiracy because he approached Shannon Serena while in conversation with Eric Parker and Eric discontinued his conversation with Serena and, Ricky made a phone call in his presence. The Prosecution, through their witnesses, are trying to establish that Ricky Loveland was "in charge" of everyone on top of the bridge, but all they have as evidence is "feelings" and sighting "body language" of which there is no evidence.
The Prosecution will continue tomorrow with testimony from Hugh Georgeon.
March 14, 2017
Today court continued with Hugh Gourgeon, Sandy Utah, President of Challenger School Foundation on the stand to be cross examined. Gourgeon reminded the court that he went to Bunkerville to see the cows get released. He hitched a ride to the wash in the back of someone's pickup truck. He went there to take photos using his cell phone, but "inadvertently" took video too. He took many photos of the people on the bridge on I-15. He was very mobile on the scene, moving from I-15 to the wash and under the bridge by the Bureau of Land Management barricade gate. He stated that he knew there was a "danger of getting hurt by the BLM because they were pointing weapons at people". He also disclosed that he brought his firearm with him, but left it in his vehicle. Sometime after returning home from Nevada he received a visit from the FBI, not only at home, but at work also stating, "an employee ratted on him" for being at Bundy Ranch. He lawyered up where he was presented a "Property Agreement" before he met with the FBI so his words would not be used against him.Jess Marchese questioned the witness for the Defense saying, "so, you believe the BLM was organizing a task force to go get the cattle. You go into the wash and witness the protestors praying. Government Riffles were pointed at you, so you hide behind a concrete barrier"? Gourgeon responded, "yes". "While you were up on I-15 hiding behind the concrete barrier you saw the men with riffles"? Gourgeon responded that "I realized I was standing in between the men on the bridge and the BLM, so I went back down the hill to the wash". Marchese asks him to describe the crack in between the concrete barriers, and Gourgeon described it as "very thin".
Todd Engel was next to approach Hugh Gourgeon for questioning. Engel questions Gourgeon about the events at the bridge, the BLM threatening the crowd and giving them demands, and that these words are what caused the protestors to stop and have prayer. Engel got the witness to acknowledge that this was correct and that Gourgeon was still on scene when the BLM backed up to leave, and he was there when Las Vegas Metro arrived.
Todd Leventhal rose before the court to submit Hugh Goureon's Facebook posts into evidence as the Prosecution was very selective in the evidence they submitted, juts submitting photos and video and not the commentary from Gourgeon's Facebook wall. Objections arose from the Prosecution barring the Facebook commentary from the Jury but, the testimony drawn out from him by the Prosecution as their witness in allowed, what he said as his affidavit to the events on Facebook are barred from possibly acquitting the defendants? I guess we'll never know! Another case where the Sixth Amendment is being trampled upon! Leventhal did get Gourgeon to testify again that he was afraid that he would be shot, and that the people pointing guns at him were the BLM. Gourgeon testified that the government edited his Facebook page taking his commentary off and some photos that he had penned commentary on. Leventhal asked Gourgeon if on his was to the wash if he had heard of a "plan" or anything? Gourgeon replied, "no, it seamed like everyone was on their own, it was spontaneous, no one directed me". Leventhal asked the witness, "what made you want to go to Nevada"? Gourgeon said, "some things he had seen on social media". When the Defense tried to get him to mentions the videos etc that he had seen, this was objected to.
Shawn Perez was next to approach the witness beginning again, to get him to talk about his Facebook posts of photos and commentary. All he was able to get him to tell the Jury was that his posts were all done after he arrived back home in Utah, and they were his "personal observation" of what he saw. "There was no media in the wash, and he wanted everybody to know what was going on". Perez then asked, "did you post any impressions you had at the time"? To which Gourgeon replied, "yes". "Did you get a sense of why they were doing what they were doing"? Objections halted the answering of that question, but was able to reiterate that he "felt threatened by the BLM that day, and did not feel threatened by the men on the bridge. I did not get the feeling they would hurt anyone". Perez asked, "did you hear anyone, or see anyone giving orders"? His answer, "no". "Did you see anyone that was "the boss" of the people on the bridge"? Again, "no" was the answer. When questioned about who was in charge in the wash Gourgeon said, "the only time anyone was in charge in the wash was when a man silenced everyone so they could have prayer".
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