Bryce Poulson, of St. George, Utah, a supporter of rancher Cliven Bundy and his family, sits outside the federal courthouse in downtown Las Vegas Tuesday, Nov. 7, 2017. The trial of rancher Cliven Bundy, two of his sons, and Ryan Payne was postponed for a week.
Tuesday, Nov. 7, 2017 | 11:34 a.m.
A dispute over whether federal agents recorded video of embattled Nevada rancher Cliven Bundy’s home before an April 2014 standoff has delayed a federal court trial for Bundy and three others that was supposed to start today.
Chief U.S. District Court Judge Gloria Navarro said federal prosecutors must provide evidence regarding the video for the court and defense to review before the trial begins. She rescheduled opening statements for Tuesday.
The ruling came after defendants Ryan Bundy and Ryan Payne filed motions claiming a live feed of the Bundy home near Bunkerville was recorded from a nearby hilltop for at least four days before an April 19 standoff with federal agents over an attempt to round up Cliven Bundy's cattle from federal land. More than 100 ranchers and citizen militiamen, some accused of pointing weapons at agents, took part in the standoff.
No such video was included in the evidence turned over by government agencies — including the FBI and Bureau of Land Management — to the court in the 18 months preceding the trial.
“The FBI was there and surveillance was there,” defense attorney Brenda Weksler said. “We have a duty to investigate.”
But Acting U.S. Attorney for Nevada Steven Myhre said the cameras in question were recording for less than a day before they were knocked over and rendered inoperable. He said agents have turned over all recorded video, including aerial footage.
“There’s no recording,” Myhre said.
The judge, however, said it was “difficult to believe there’d be a camera placed without someone watching it and making notes or recording it.”
She gave prosecutors until Friday to formally respond to motions regarding the video.
Cliven Bundy, sons Ammon and Ryan Bundy, and Payne each face 22 felony counts in connection with the 2014 standoff, sparked by the attempt to round up cattle grazing on federal land. The government alleges that Cliven Bundy failed to pay the required grazing fees for years.
If convicted, the defendants could face up to life in prison.
