Oregon Prosecution To Lose Key Witness Testimony Against Pete Santilli

Did the Government knowingly allow a witness to make false statements to a Grand Jury that secured an indictment against Pete Santilli?

 

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Ethan Knight –  Federal Prosecutor United states vs Ammon Bundy et el

GMN© – Guerilla Media Network LLC – June 18, 2016

 

KEY WITNESS NOW CLAIMS

HE  MAY HAVE BEEN CONFUSED

 

Pete Santilli’s attorney Thomas Coan,  has filed a motion to suppress the key prosecution testimony of a man who claimed he observed Santilli at a Harney County Committee of Safety meeting on December 22, 2015.  The man, who is a member of the committee, told the FBI that not only did he observe Mr. Santilli at the meeting, he also heard him actively participate in a conversation where initial plans were made to take over the Malheur Wildlife Refuge.

Pete Santilli denies being in Harney County on December 22, 2015.  The prosecution’s own evidence backs Mr. Santilli up;  Bank debit/transactions, internet activity – of his live streamed Morning Show – from the IP address of his studio in Cincinnati, and eyewitness accounts – all put Santilli in Cincinnati, Ohio – when the Tuesday night meeting in Harney County, Oregon was said to have taken place.

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The witness told defense investigators, he may have been confused when he spoke to the FBI  and  now he isn’t sure if Pete Santilli was there or not. “I may have been wrong about Pete being there.  I may have gotten the meeting confused with the “public” meeting I saw him at in January, after the takeover.”

The public meeting the witness is talking about in January,  was nearly a month after the supposed December meeting, and was live streamed to the public.

This admission may also raise questions as to whether or not the witness’s testimony will be reliable if he is testifying for the Prosecution against Santilli’s co-defendants.

It is possible this witness’s testimony could prove to be an even bigger problem for the Prosecution  if  his testimony was used to help secure the Grand Jury indictment for Mr. Santilli’s subsequent charge and arrest.

Under United States v. Basurto, the government has a constitutional obligation to inform the court, counsel, and the grand jury about false statements, and that its failure to do so requires dismissal of the indictment. In Basurto, the Ninth Circuit held that:

the Due Process Clause of the Fifth Amendment is violated when a defendant has to stand trial on an indictment which the government knows is based partially on perjured material, and when jeopardy is not attached. Whenever a prosecutor learns of any perjury committed before the grand jury, he is under a duty to immediately inform the court and opposing counsel – and, if the perjury may be material, also the grand jury – in order that appropriate action may be taken.

The grand jury’s historic role has been to serve as a protective buffer standing between the ordinary citizen and overzealous prosecutors.  The reality that grand jury proceedings are “secret, re parte and largely under the control of a “federal prosecutor” should magnify counsel’s concern regarding the propriety of the investigation or usurpation of power by the prosecutor is called into question. Trusting that the system will always work without judicial interference or that any problems can be addressed later in litigation is naive. Source Article

Did the Government knowingly allow a witness to make false statements to a Grand Jury that secured an indictment against Pete Santilli?  It is hard to believe otherwise considering the government, through it’s own admission, obtained a search warrant to surveil Mr. Santilli since before last December and knew exactly where he was on the 22nd.

If the witness did not testify to the Grand Jury, were his statements used in an argument to get the indictment?  And why, after knowing Pete Santilli couldn’t have possibly been in Harney County on the 22nd, did Prosecutors allow the false accusation to stay in the discovery, possibly tainting the Judges view of Mr. Santilli’s role in the January occupation of the Malheur Wildlife Refuge?

Judge Anna Brown was  advised of the findings on Wednesday by Defense Attorney Amy Baggio, who was temporarily representing Pete Santilli during the monthly progress hearing in Portland, Oregon.  The Government has asked for a week to look into the new findings before the Judge rules on the matter.

Along with the Motion to Suppress, Tom Coan is now considering his clients full options after this discrepancy was revealed in discovery and presented to the Court.

END ARTICLE

 

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  • Albert Ellis

    Don’t worry Pete, you’ve provided the Feds with plenty of other evidence to prove your crimes. You’ll have plenty of time to enjoy occupying Federal property in the form of a prison cell.

    • Anti512

      Asshole.

    • Kathleen Crow-Chuculate

      Please oh so smart one. What crimes would that be?

      • Zardoz1973

        Here’s a list of the Bundy gang’s indictments, as well as Pete Santilli’s: http://blog.adl.org/extremism/multi-state-indictments-bring-bundy-related-arrests-to-37

        • notliberal

          Oh look a list from the ADL — how impressive

      • Autumn

        Facilitating the preclusion of federal employees from doing their duties, impeding research, vandalism, disturbing a native archeological site, domestic terrorism, theft, and grand stupidity. After all their crying about the evils of the Bureau of Land Management, they mistakenly attack and occupy a Fish and Wildlife Service site ( Oh, yea, add armed trespass). And bad grammar and spelling:

        • notliberal

          wink

        • Kathleen Crow-Chuculate

          It’s public property so there goes the trespass. The employees work in Burns during the winter in there nice cushy office just as they did during the protest. They didn’t steal anything. And they cleaned up and got rid of a mice infestation yep sure sounds like vandalism to me. This whole thing is ridiculous. Occupy portland had rapes and assaults, millions in damages and millions more in cleanup yet that was all good because they were liberals right..

          • Autumn

            Trespass still occurs when it is closed, armed trespass at that. Oh, I forgot the identity theft of the site’s employees, and the impeding of the invasive species controls. The criminal’s own videos and photos show the damage they inflicted.

        • leslie silk

          You know absolutely nothing.

    • Robert Parker

      Mr. Ellis; you know not of what you speak. The chip on your shoulder weighs you down more than you realize, and it is quite obvious. The sad thing is that you seem to like it.. as it give you cause to say something, even though you are devoid of any true knowledge. I know Mr. Santilli and I was there with him at the Bundy Ranch in 2014 … he is a Patriot in every sense of the word, and not ashamed to say it. Don’t be a loser … it does not bode well for you.

    • Zardoz1973

      Some advice for Pete Santilli: If you’re going to pretend to be a ‘journalist’, then your journalistic integrity precludes you from participating in an insurrection that you’re supposedly covering. You can’t do both, because journalism requires impartiality. But as Albert pointed out, the Feds have a mountain of evidence to convict Pete Santilli, and the rest of the Talibundys.

      • notliberal

        Pete Santilli is being charged with insurrection? And when did journalist become “required” to be impartial? Freedom of the press is protected because it is suppose to call out government wrong doing and be all about UNPOPULAR speech. Santilli had no fore-knowledge of the occupation – he never picked up a weapon – He never spent one night at the refuge, unlike the “Oregonian Live” news crew – And he was never part of any security or daily plan detail. All Occupiers have already testified to that. At Bundy Ranch – He never carried a weapon either – was never part of any security detail – and was appalled by what he saw happening to the Bundy Family — He reported it that way as did every major MSM outlet around the world. I hope that straightened you out – I know how confused some of you all get —

        • Albert Ellis

          We’re not confused. We’ve seen the videos that Pete so carefully filmed and narrated. His “impartiality” isn’t the issue. His direct involvement in events is.

          • notliberal

            Direct involvement? Like what?

          • Ashes

            Albert, when was Pete directly involved in said event?

          • Mark Hayward

            Haven’t you heard that passing out Pocket Constitutions to FBI Agents is a Federal Crime .

          • notliberal

            ** **

          • Mary Brown

            Go stick your head back up Obama’s a$$

        • Mark Hayward

          I would say that Santilli would be guilty of trying to negotiate a Peaceful Resolution with Government Goons at both events ..

      • Ashes

        Zardoz, wtf are you talking about? Please tell us when Pete participated in anything other then covering the protest, and by the way, I think you may want to look up the definition of an insurrection, because it sounds like you have no clue what the meaning is,

      • notliberal

        Here is some more free advise —

      • Mary Brown

        Oh yeah as “impartial” as CNN? MSNBC? Stuff it where the sun doesn’t shine! Journalists are allowed their opinions on a subject!

      • Mark Hayward

        The Main Stream Media has flat out lied from day one about the Peaceful Protest at a Wildlife Refuge by some Ranchers who got NO Redress . from the Corrupt ones in Harney County .

    • Ashes

      Do tell us Albert, what evidence do they have, Facebook, and YouTube, and please tell me what crimes Pete Commited?

    • Mary Brown

      And you are a libtard moron. PERIOD! Freedom of speech, freedom of the PRESS says Pete did nothing wrong! I watched 99% of the video from Bundy Ranch and from the Malheur Refuge and Pete NEVER broke the law! In fact he tried more than once to defuse the situation and make people take a breath and step back and consider!

    • alaskan59

      Albert, I don’t see you coming up with ANY “evidence” to your ignorant way of thinking, or even answering legit questions asked of you here…that is SO typical of fools! ! They just suck the teets of the corrupt government and throw out all kinds of obsurd crap out of their ignorant mouths!!! You have no substance worth sharing. ..

  • Jim Matis

    Hold on, here. You mean he is charged for reporting unbiased news about the occupation protest and the Bundy ranch being assaulted by the Fed? These pinko thugs are EVIL. And the prosecutors are about as honest as Stalin’s show trial prosecutors. One day, we can hope tat they, too, along with their gang bosses in office and bureaucracy are tried and terminated with extreme prejudice (and joy).

    • Albert Ellis

      Thugs? You must be talking about the Bundys, the hangers on who falsely claimed they served in the military, and the criminals with prior records. Tell me this. What would you call a bunch of strangers who came into your town and tried to order you around? I don’t know who, if anyone, invited the Bundys to Burns but the Bundys refused to leave when asked and that’s on video. When Ammon tried to teach a group of ranchers in Harney County about his version of the Constitution, they weren’t impressed, and that’s also on video. Now tell me again who the thugs are? It seems to me a lot of you Bundy supporters have an axe to grind and I’m not sure why. But if you really hate the way things are in this country, perhaps you should move some place where the rules are more to your liking.

      • notliberal

        No, I think it’s pretty clear he’s not talking about the Bundy’s .. But let’s not forget that just as many people wanted the Bundy’s to stay and that’s on video — and those who weren’t on video were too afraid of the repercussion if they said anything and that is also on video — I hear Grasty is thinking of changing the Name of Burns to “Little Bejing” Any truth in that?

      • Jim Matis

        Yes, Comrade Ellis. The strangers that come into my town and order us around,… you mean homosexuals; militant left wing blacks, women and La Raza; the UN, and the word salad of Federal Agents?

    • nvrbl

      Sanity’s own videos are what will be used against him in court. They show someone involved in the incident and calling for armed supporters. They most certainly do not show a journalist reporting on the incident.

  • skshello

    Aww..what other manufactured things will be showing up???? hmmm

  • Derek N Joyti Lermeny

    As a supporter of Pete Santilli, I am pleased to read this article and hope that Judge Anna Brown makes the right decision and Pete will have the charges dropped on him. He was only doing unbiased reporting on both events.

    • svizzerams

      Oh really? Seems he was participating in video footage I observed. And about that BLM truck that he cut off with his vehicle and impeded? Unbiased reporting? I think not.

      • notliberal

        and where did you see the footage of him cutting off a BLM truck?

      • Ashes

        Do we have any tyrannical prosecuters in the house?

        • notliberal

          Nice catch Ashes!

      • Derek N Joyti Lermeny

        Boy, I have watched a lot of video and I have never saw that or even heard of it until now. Post a link now please. Put up or shut up. I am so tired of people falsely accusing these guys of things. Especially the one they gunned down in a road ditch like a rabid dog. If it had been a rabid dog, people would have been outraged that it was killed so inhumanely. People are so messed up in this country. It is time for the ones with common sense to take it back and make it great again. People with common sense would be way more worried about the refuges being brought into this country and the potential for jihadist activities as in Orlando, than prosecuting these men whom were defending fellow ranchers rights and the constitution. Wake up and get on the right side of things before it is too late.

        • Autumn

          Don’t degrade rabid dogs by comparing them to Finicum.

          • notliberal

            Okay, then we’ll just compare you to one then

          • notliberal

            Nice Pic of You

          • Gary

            You’re disgusting!

  • Albert Ellis

    Let’s put it this way, if you’re making the news by being involved, you’re not reporting the news. Pete was involved. That’s why he was thrown out of a community meeting in Burns and that’s why he’s in jail. Some of you may think Pete, the Bundys and their fellow conspirators are great men but most of us believe they’re criminals.. However their guilt or innocence will not be determined in the court of public opinion or in this forum either. Those that don’t plead out will get their day in court as set out in our Constitution and judged by a jury of their peers.

    • notliberal

      Just who are these “most of us” you speak of?

      • Albert Ellis

        All but the few hundred thousand (out of 300 million) Americans. All but a fraction of one percent. You might ask yourself why only a handful showed up in Oregon. Answer, very few people support what the Bundy crowd did.

        • kat

          Many people support the Bundy’s and Santilli. The question is when will you and yours be put up for the many crimes that you have committed against America? The tables will turn, it’s just a matter of time.

        • notliberal

          Al, Did you torture the family pets as a child? I think you did.

        • notliberal

          BTW — I hate to tell you this — but uhh — Dude — 300 million Americans — minus a few hundred thousand could give a shit about what you think either. That’s a fact.

    • Ashes

      Albert, all I saw was Pete’s 1st amendment rights being violated while I was watching Pete’s livestream of that sham of a community meeting.

  • notliberal

    This is what a real American looks like!

  • Mary Brown

    As a member of the media Pete should have NEVER been arrested to begin with! It doesn’t matter if they side with the protesters! Their first amendment rights give them that FREEDOM!

  • 0pus

    LOL, simply the dumbest article I have read all week. You people pay to support this nonsense? seriously you do?

    • notliberal

      **^^**

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