Judge won’t release Ryan Bundy for hearing in California

By Steven Dubois, Associated Press

Published Wednesday, June 15, 2016 | 2:02 p.m.

Updated Wednesday, June 15, 2016 | 3:03 p.m.

PORTLAND, Ore. — A federal judge Wednesday rejected Ryan Bundy's demand to be released from custody so he can appear before the 9th U.S. Circuit Court of Appeals.

The son of Nevada rancher Cliven Bundy has been serving as his own lawyer since his January arrest during the armed occupation of an Oregon bird sanctuary. He's also facing federal charges in Nevada for his role in an armed standoff with federal agents at this father's ranch.

Bundy and lawyers for other defendants charged in both cases have said it's improper to make them defend two cases at once in different states.

The Appeals Court plans to hear oral arguments Thursday in San Francisco, and Bundy wants to be there.

But U.S. District Court Judge Anna J. Brown denied his request for transfer or release, saying it's not her call and it should have been brought up sooner.

"I'm not a magician," she said.

Bundy was attempting to have a different federal judge, Robert Jones, hear the matter Wednesday afternoon. Jones, to ease the load on Brown, has been hearing requests for pretrial release from the more than 20 defendants charged in connection with the occupation of the Malheur National Wildlife Refuge.

Brown's denial came during a status hearing on the complex, high-profile case that began with a protest over the imprisonment of two Oregon ranchers convicted of setting fires.

Three people have pleaded guilty and a trial for most of the defendants is scheduled to start Sept. 7, though a few defendants have waived their right to a speedy trial and likely won't face a jury until 2017.

Marcus Mumford, the new attorney for occupation leader Ammon Bundy, suggested to Judge Brown that his client might also waive his demand for a speedy trial.

Also Wednesday:

— Assistant U.S. Attorney Ethan Knight told the judge he expects prosecutors will take three or four weeks to present their case at trial.

— Defendant Darryl Thorn planned to plead guilty but later told the judge he was withdrawing his plea.

— Defendant Kenneth Medenbach, as he has repeatedly done, questioned Brown about whether she ever took an oath of office. She replied, "Mr. Medenbach, we're not going to play these games."