Ammon Bundy says court has left him no choice but to take the witness stand

By Maxine Bernstein, The Oregonian (TNS)

Tuesday, Oct. 4, 2016 | 11:16 a.m.

Ammon Bundy on Monday said he has no choice but to take the witness stand in his own defense because the judge has barred lawyers from eliciting testimony about the principles that led defendants to occupy the Malheur National Wildlife Refuge.

Defense lawyers can't question the government's authority over the refuge or go into detail about "adverse possession" as an explanation for the takeover, U.S. District Judge Anna J. Brown has ruled. But the defendants themselves can address those issues if they testify about their "state of mind" at the time, she said.

Bundy, on trial with six others on a federal conspiracy charge, criticized the restrictions when the judge questioned him to make sure his decision to take the stand was his own.

"I have no choice to get the truth to the jury but to get on the stand" even if prosecutors use his words against him, Bundy said.

Bundy, the leader of the occupation, also said he's eager to testify about the 2014 armed standoff with federal officers outside his father Cliven Bundy's ranch in Bunkerville, Nevada. Bundy, his brother and other co-defendants are facing a separate federal prosecution in Nevada for that confrontation.

The judge asked if Bundy had talked with his lawyers about the risks of testifying about Bunkerville and the possibility that his statements could be used against him in his upcoming Nevada prosecution.

Bundy said he hadn't.

"What I did in Bunkerville, I'm very pleased at and very excited to discuss that further in this court and in any other court," he told the judge.

As Brown suggested that Bundy talk it over with his lawyer, he added, "I'm aware of the risks your honor and my decision will not change tomorrow."

Bundy's statement to the judge came as his lawyers prepare to call him as a witness Tuesday morning.

Earlier Monday, the defense called a man to the stand that the FBI could identify only as "Idaho Jerry," pictured playing a shofar, or ram's horn, on the refuge in mid-January.

The witness, it turned out, isn't from Idaho and isn't named Jerry.

He's Brand Nu Thornton of Las Vegas, who traveled to Burns on Dec. 27 and testified Monday that he joined with Ryan Bundy, Ryan Payne and others as part of the first group to go to the refuge on Jan. 2 to clear the buildings.

In response to questions from defendant Neil Wampler's lawyer Lisa Maxfield, Thornton said he didn't bring a gun to the refuge, but saw others carrying them by their sides, walking through the property, checking doors. At some point, someone found a set of keys, he testified.

Thornton said he attended a meeting in the two back rooms of a café in Burns before a Jan. 2 march in support of Harney County ranchers Dwight Hammond Jr. and his son Steven Hammond.

It was there, he said, that Ammon Bundy discussed his plan to take over the refuge in a peaceful assembly to bring further light to the Hammonds' plight. The Hammonds were to return to federal prison to complete a five-year federal sentence for arson on public lands.

Thornton said the meeting lasted a half-hour to 45 minutes and most of those attending were part of the initial group that traveled to the refuge that day.

Thornton remained at the refuge through Jan. 25, but was never arrested or charged with any crime, he said.

Thornton testified that he mostly stayed at the refuge headquarters, cleaning and scheduling appointments for Ammon Bundy, taking phone calls and feeding the birds daily.

He said the shofar is part of his ministry and he would blow it occasionally at the refuge to break the tension when there were disputes between those present.

Defense lawyer Matt Schindler, asked, "Anyone damage buildings" while you were there?

"No," Thornton responded.

"Do you believe you joined a conspiracy with Ammon Bundy?" Schindler asked.

"No," he said.

"Are you worried about being arrested?" Schindler continued.

"No," Thornton answered.

Prosecutors didn't question Thornton.

Defense lawyers called four other witnesses in the afternoon Monday, including two members of the Committee of Safety set up in Harney County and two other Burns residents.

Kim Rollins, a 31-year resident of Burns, challenged Harney County Sheriff Dave Ward's "straw vote" of the community at a Jan. 6 meeting at the fairgrounds. He called it a "straw vote to get a certain reaction." Rollins said he put his hand up when Ward asked how many people wanted to end the situation peacefully, but then jerked his hand down on the second part of the question, when the sheriff asked who wanted the occupiers to go home.

"I told him I didn't necessarily want them to go home. I wanted to hear what they had to say so I as an adult could consider what they had to say," Rollins testified.

He said he visited the refuge last in the summer of 2015 with young relatives and scooped up the children because the floor in the bird museum was covered with rodent feces.

Pat Horlacher, a seven-year Burns resident who works as a silversmith making shoes for horses, said he lives 30 miles from the refuge. He said he drove there within several days of the takeover to "see for ourselves if this is a legitimate threat."

Horlacher returned a few more times, bringing eight to 10 friends. He described the atmosphere at the refuge "as laid back an environment as you could ever ask for."

In the community, he said, "there were people terrified out of their minds and it was all off of rumors." He said they thought it was this "really tense armed standoff," but "it was not."

In contrast, he described the heavy presence of armed law enforcement outside the Harney County courthouse and elsewhere in Burns as akin to "a scene out of 'A Red Dawn.' "

"It was ridiculous," he said.

Two members of the Committee of Safety, formed after Burns residents met with Ammon Bundy on Dec. 15, also took the stand for the defense.

Travis Williams, a 25-year Harney County resident and fifth-generation rancher, said he went to the meeting to find out what was behind the Bundys' visit to Burns. "If this Ammon guy was a radical, I was going to go home," Williams testified.

But what Ammon Bundy said about ranchers losing their grazing rights and the federal government's overreach on land management "made more sense to me," e said.

"We need to start taking our country back. We need to stand up to the federal government," Williams said.

Melodie Molt, a longtime Burns resident who is a chief financial officer for a local drug and alcohol rehabilitation center, also testified. Her husband and sons, she said, raise organic hay, alfalfa and cattle.

Both Williams and Molt said they were nominated to serve on the committee at that December meeting. It was Ammon Bundy's idea to form such a group, they testified.

They wanted to educate the public about the federal government's overreach and the Hammonds' unfair return to federal prison, she said.

"I agree 90 percent with what Ammon Bundy is talking about, but I don't agree with the way he went about it," Williams testified.

Both visited the refuge during the takeover. Williams said he participated in prayer with the Bundys and other occupiers and said they weren't threatening anyone. Molt said the refuge was tidy and she didn't notice the firearms since they're "a way of life in Harney County."

She said there was some discussion about an "exit strategy" for the occupiers, but the committee couldn't hold a meeting because of Harney County commissioner Steve Grasty prohibited it from using any county buildings.

During cross-examination, Assistant U.S. Attorney Craig Gabriel asked Williams if the Committee of Safety is recognized by the Harney County government.

"No," Williams said.

"Was an election held by the registrar of Harney County?" Gabriel asked.

"No," Williams responded.