Federal prosecutors are asking Chief U.S. District Judge Gloria Navarro for another chance at convicting Nevada rancher Cliven Bundy for crimes associated with an armed standoff with federal agents in 2014, E&E News reports.
Navarro ruled a mistrial against Bundy and three others, including his two sons, in December after prosecutors failed to turn over exculpatory evidence that favored the defendants’ case. Navarro is considering whether the case should be dismissed “with prejudice,” blocking a retrial.
The omissions do not amount to “flagrant misconduct,” prosecutors claim and are asking for another attempt at trying Bundy, according to E&E News.
“The Brady violations found by the court are regrettable and benefit no one,” Nevada’s Acting U.S. Attorney and lead prosecutor in the Bundy case Steven Myhre wrote in a legal brief obtained by The Oregonian. “But because the government neither flagrantly violated nor recklessly disregarded its obligations, the appropriate remedy for such violations is a new trial.”
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