PROSECUTORS in Las Vegas got back to work on Monday, and in the case of USA vs Cliven Bundy et al — it was dirty “business as usual.”
It was revealed late Monday afternoon that Steven Myhre and the Department of Justice are refusing to hand over audio recordings they are suspected of having in their possession containing radio transmissions the defense believes are recordings between Special Agent In Charge Daniel P. Love, BLM sniper teams, other tactical personnel, and possible informants who were on the ground surveilling Bundy Ranch as far back as March in 2014.
These recordings are vital to the defense in that the indictment against rancher Cliven Bundy and his co-defendants specifically states that Mr. Bundy and several others told lies and exaggerated the situation between Bundy and the BLM for the purpose of recruiting gunmen to come and help get the rancher’s cattle back. Up and until the first trial which began last February, the BLM denied the use of snipers and other tactical personnel during “Operation Gold Butte” the BLM’s official name for the Bundy Ranch cattle impoundment.
In dash-cam video made public during the first two trials you can clearly hear cross-talk in the background asking agents to move communications to TAC-Le Channel (329) while communicating with ICP communications director Toni Suminski, [SAC] Daniel P. Love, snipers on the mesa, and other BLM tactical gunmen in the wash. Toni Suminski testified in court under oath in the first Bundy trial, that recordings of those transmissions were lost after the the hard drive running the recording software had mysteriously come un-plugged during the protest on April 12, 2014. Defense teams are now asking for recordings captured before that date ..
Suminski also admitted under oath she had shredded garbage bags full of documents concerning Operation Gold Butte that were found in a dumpster at the ICP – saying it was “routine” for her to do that.
TAC LE Channel (329) was never mentioned in documents provided to the defense or on any of the documentation outlining “Operation Gold Butte” plans. The information was brought to light after a researcher listening to background chatter on dash-cam video made public during the last trial – brought it to the attention of defense attorney’s.
United States Park Service sharp-shooter Alexandria Burke, who was on the mesa with other snipers during the protest and trying to get a clear shot to “eliminate” Eric Parker who had taken a prone position to defend himself, is of special interest to investigators for the defense. If there is anything on these recordings of her communicating with other snipers while she was at Bundy Ranch on or before April 12th 2014, the defense feel they are entitled to hear it.
The Jury was under-whelmed by Burkes tearful testimony in the last trial saying her testimony was uncomfortable and that she embarrassed herself and Law Enforcement. They did not believe her testimony to be truthful.
The Incident Commander for Operation Gold Butte, SAC Daniel P. Love, has recently been found guilty of misconduct where before and during an investigation by the Office Of The Inspector General he demanded subordinates destroy damning information about him and others pending a Congressional inquiry. In that investigation witnesses stated two of Love’s lap tops disappeared along with deleted emails, documents, and shredded evidence.
Love is also accused of a series of crimes including the stealing of evidence from artifacts raids he and former FBI Greg Bretzing conducted in 2009 which resulted in the suicide of three of their victims – including that of Dr. James Redd of Blanding, Utah. Prosecutor Steven Myhre failed to alert defense attorneys that an investigation was being conducted against their star witness who is and was Bundy’s #1 accuser. The information was not brought to light until right before the first trial began – where Judge Gloria Navarro had already agreed to a motion filed by the Prosecution to protect SAC Love from testifying during the trial.
Rand Stover, second in command to Dan Love during Operation Gold Butte, and a key prosecution witness, was also involved in a scheme to broaden the scope of hiring practices for Daniel P. Love’s department so that Love’s friend Mark Jucca could be hired over more qualified applicants for a job with the BLM. This information was also held back from the defense by Prosecutor Myhre.
Ironically, the U.S. Attorneys office in Utah has declined prosecuting Love for these heinous crimes while the rancher Cliven Bundy and co-defendants sit in jail awaiting trial.
The U.S. Attorney’s Office for Utah declined to file criminal charges related to evidence mishandling, said spokeswoman Melodie Rydalch, who declined comment about the decision. Megan Crandall, a land management bureau spokeswoman, said Thursday he remains an employee, but declined to elaborate.
A lawyer for Love, Lisa Kleine, did not immediately [respond to a] telephone message seeking comment, said Linsay Whitehurst of the Associated Press.
Defense attorney’s contemplate that TAC LE channel (329) was used throughout the operation from the beginning and could likely reveal much needed information that would contradict the Governments insistence that Cliven Bundy and others conspired to lie to the public to get them to come to Bundy Ranch and join in a “massive armed assault” using a made up story about the aggressiveness of BLM special forces who were assaulting the Bundy family even before the impoundment began. They are asking for the recordings of radio transmissions from TAC LE Channel (329) dating back to March of 2014, and so far the Government has refused those request.
Prosecutors’s and the Department of Justice have developed a pattern and history of withholding evidence from the defense for USA vs Cliven Bundy et al — say’s one researcher working on the case; During the retrial of Parker, Drexler, Stewart, and Lovelien – the names, addresses and telephone numbers of FBI personnel who were present at the protest and subsequent witnesses for the prosecution, have been removed from the witness list making it impossible for defense attorney’s to subpoena them. Prosecutors literally refused to disclose witness information to keep the defense from being able to subpoena and question the FBI.