Transcript of Prosecution Opening Statement Nov. 14, 2017
Transcript of Prosecution Opening Statement Nov. 14, 2017
5 - 1
12 APPEARANCES:
21
22
1 APPEARANCES CONTINUED:
25
Vol. 5 - 3
2 --oOo--
3 P R O C E E D I N G S
8 morning.
14 sort or another.
16 the lobby in the last couple weeks or today, you may have
20 is done.
24 well.
2 court, and they have a claim, and their side gets heard. The
8 And that order from the Court is, in fact, the law of that
9 case. It decides the dispute and tells the parties what to do.
15 The orders are not advisory. They are not there to suggest
21 paper they are written on. Again, that's how we maintain the
10 law enforcement officer from executing the order that has been
16 show that Mr. Cliven Bundy was a Nevada rancher, during the
19 Bunkerville, Nevada.
6 you also -- the rancher is required to pay fees to pay for the
11 Mr. Bundy indeed did pay fees and obtain permits until about
14 the BLM said, "You need to -- you need to pay. You need to get
17 Mr. Bundy told his side of the story, the BLM told their side
18 of the story, and the judge decided. And the judge decided,
19 "Mr. Bundy, you are in trespass. You are not paying your fees.
20 You are not getting your grazing permits. You need to remove
2 enforce those orders. The BLM went back to court and the Court
3 said, "Mr. Bundy, if you do not remove those cattle, the BLM
18 small army of militia to come help him to stop the BLM. His
19 mission became to stop the BLM and to drive them out of the
23 forces to get his cattle. And those forces were not only
24 people who were his supporters but there were people on horses,
4 need to -- is it on?
17 interruption.
25 thought that they would lose their lives, and those with them
Vol. 5 - 9
2 The gunmen had come from all over the United States
5 BLM, the BLM was put into a position that they had no
9 injuries from shots that day. But the evidence will show
10 that's not the issue in this case. The issue is the BLM
15 about. And that's all this case is about. It's about the
17 impoundment operation.
25 word for a charging document. And I've listed for you here the
Vol. 5 - 10
2 all spring from the basic set of facts I have just described
7 walk through with you what the charges are, what we anticipate
12 that with you now. I just want to make you aware of what the
15 the trial.
20 the BLM was gathering cattle and during the time frame in which
25 begins much earlier than that. So, what I'd like to do is sort
Vol. 5 - 11
5 Court orders, and the plan to gather the cattle. Then I'd like
8 into Nevada.
23 area here. And you can see by this map the vastness of the
6 everybody has for this land. You can imagine, with the size of
7 this land, with the amount of this land, there are a number of
8 people and entities that have different demands for the use of
16 that it's put to its highest and best use and is not -- it
19 quote, "fire the BLM." And you'll hear testimony about his
1 around the area around his ranch. Well, after he "fired" the
2 BLM, his cattle -- his herd continued to grow and spread out
3 from not only the Bunkerville Allotment but well beyond that.
4 In 1998, the BLM had sued Mr. Bundy, and the Court
5 had issued the order, the first order for him to remove his
10 expand, they began to spread out. The BLM, you will hear
21 And over the years, you will hear evidence they tried
23 offered to remove the cattle for Mr. Bundy, and sell them, and
2 had spread out from the Bunkerville Allotment and wandered all
3 the way down into the Lake Mead Recreational Area, down in this
10 desert seeking forage and water wherever they can, but with
12 Excuse me. So, they became -- they are cattle that can be
17 decision was made that BLM would go back to court and get new
18 court orders and relitigate this issue about the grazing fees
25 remove your cattle from the public lands. This time one of the
Vol. 5 - 15
2 the lands around Lake Mead where these cattle had wandered, and
4 Allotment.
7 the course of the litigation in 2012, Mr. Bundy had said that
9 removing his cattle from the public lands. He would not define
18 them, to help round them up, use of trucks to move the cattle
20 held.
21 So, the plan was that the BLM would contract with
25 there, and then the BLM would contract with an auction barn in
Vol. 5 - 16
1 Utah where the cattle would then be transported and sold. So,
3 Utah.
20 And you see in this image before you now that the ICP
3 run around and loop down from the Interstate 15 and loop back
4 up into the Mesquite area. And State Route 170 was a surface
6 from the gathering, to the state -- to the ICP. That was not
7 the only route they would use, but it was a route that they
10 the ICP itself. And all the equipment that you see there would
15 And you see here are the pens where the cattle were
16 held after they were gathered and brought to the ICP, and there
21 this operation around the April 2014 time period because of the
1 the Bundy Ranch to speak with Mr. Bundy and tell him, "Look.
2 The BLM has new Court orders. I have reviewed them. They have
3 full authority to come out here and gather your cattle. What
16 reaching out to let you know that we are coming. We are coming
18 intent?"
20 between the agent from the BLM and Mr. Bundy. And the gist of
21 it was, "If you want to avoid violence, don't come. And if you
23 from doing your job, to prevent you from gathering the cattle."
1 And right from the get-go, Mr. Bundy interfered. And you will
3 attempting to move equipment into the ICP, Mr. Bundy and his
5 with them setting up. Some -- one of his sons making his
14 that I described for you earlier as the place where the cattle
3 BLM is stealing our cattle. The BLM is closing off the land
4 for anybody to use, and we are standing up for you. You hear
5 music referencing we have got the varmints on the run and guns.
8 Mr. Bundy had called and threatened to shut the business down.
14 were to be sold and Photoshopped along the top of this are the
5 Mr. Ryan Bundy, he said that he was there to get his cattle
6 back, that they were stolen, and that he would use force if
7 necessary.
12 actions.
15 on, Mr. Bundy still was not getting the support necessary to
16 stop the BLM. They had come out there, and they had, you know,
20 Dave Bundy had staged -- and others working with them staged an
2 they get stopped, if they get blocked, it's not like they can
4 difficult to do. And when they are stopped, and when they are
9 and Dave Bundy were set up to block a convoy that was just
10 coming out onto State Route 170, the BLM officers confronted
15 over here in this white van is Mr. Ryan Bundy. Mr. Ryan Bundy
23 take place over vast areas of land and involve helicopters and
1 on.
5 the public. Would not be open for everyone to use. They would
6 close it, do their gather, gather up the cattle, and then move
13 the park service and from the Bureau of Land Management. They
16 So, as this convoy on the 6th was moving out, the law
17 enforcement officers were with it. And when they spotted and
3 And the image you have that you see here is the type
13 it at all.
18 convoy, that now they are making the plans to attack us.
20 come in, you will see that the confrontations that occur
21 between, you know, March until ultimately April 12th were all
23 BLM, of interfering with the BLM. The BLM was just there doing
7 security.
9 the Bundys and their supporters, was that this was BLM being a
11 interfere with them, was coming to abuse them. And you will
13 they've got snipers aimed at us. Now they've got our house
19 this case.
22 2014. Never heard of the Bundys. Never met them. Didn't know
25 Operation Mutual Aid. And you will hear him, and you will see
Vol. 5 - 26
24 arrest of Dave Bundy. He had heard the message that the Bundy
3 hear evidence that, you know, Payne and his co-founder of OMA,
5 mission, and you will hear about their mission and their
8 described for you was their mission, was to respond to the call
12 based on the information they heard that, hey, you know, the
14 And they used messages like this that you have before
15 you and other messages much like this as well, but this was the
16 type of messaging that was going out that, as you see there,
17 "His son was arrested for taking pictures. There are snipers
20 perimeter." And this was the early alert for militia to come
21 to Nevada.
24 Montana. Got here sometime early on the April 8th, 2014. This
7 the reporters asked Mr. Lardy, "Why do you have your gun?" And
12 Nevada and to Bundy Ranch. And he said, "I am here as the head
18 Now, while all this was going on, the BLM continued
4 abused. That the BLM was surrounding their house. That they
7 Cliven Bundy on his radio show. And during the course of that
10 yet whether to call in the militia, but maybe it's time for
15 says, "If you can legally carry, you got a gun, get to Nevada.
18 and Ammon and Ryan and Cliven Bundy to continue the call to
21 militia here, they will back down, they being the BLM.
12 really vulnerable for the members of the convoy and for the law
22 to keep the convoy moving and for her own security, threw her
23 to the ground.
1 ATV and rammed his ATV into the truck to stop the truck. This
4 Bundy, Ammon Bundy took a swing at them and became very violent
13 dog, he was tased in order to move him back away from the
1 to back -- back away, back up, create space, let us move. And
5 A BLM officer responded and brought the rock down. Could have
6 used much greater force, but just used -- tried to calm the
15 will hear a lot of testimony about April the 9th, and how the
20 corner an image of Pete Santilli who led the assault that day.
21 And so the messaging went out from Santilli from this was a
25 backed away."
Vol. 5 - 33
2 tail between their legs." That was the messaging there. And
4 need the militia. This has the potential for another Waco or a
5 Ruby Ridge. You need get out here. The BLM will back down.
6 If we show force, the BLM will back down." He also was saying
12 April the 9th and April the 12th that we will be going into,
19 So, it's not about the message. And you will -- you
20 will hear, throughout the trial, and you will hear through the
22 out. What they claimed were the grievances or the issues here.
25 much, and we all -- it's one of the hallmarks. It's one of the
Vol. 5 - 34
2 and state your mind, and say what you believe in. It's not
3 about the message. It's about the means that they used, the
11 discuss it with you. You may speak to your fellow jurors about
14 that touches upon this case nor attempt to perform any research
16 questions if you have any. And now, please do not form any
20 here.
23 (Jury out.)
10 And we already described for you the messaging that went out
11 with this.
18 was growing.
1 Bundy Ranch area. Along with Ammon Bundy and his brothers,
4 That's where the guns were. That's where they were kept
10 the question, you know -- you know, "Is there a potential for
12 but only way for this to end peacefully is for BLM to move --
13 to remove themselves."
15 Payne had issued to his OMA members, what their objectives were
19 thing but meaning quite another. So, you will hear references,
22 for that to happen, you need leave. We will show force, but we
2 the course of this trial. The thing that we ask that you bear
4 what the objectives were that were published by OMA and what
7 at Bundy Ranch, he met with Cliven Bundy. And Payne and Bundy
8 discuss what the objectives were for all the militia who were
17 Cliven Bundy.
19 began to flock to Bundy Ranch, to the Bundy Ranch area, the BLM
23 statement saying that they were stopping the gather, and they
7 who had overall charge of the gather operation, and it was from
12 kept. So, that's -- that was the function, if you will, of the
13 ICP.
18 from this point that they held rallies. And they would hold
19 rallies and talk about their ideology and what their beliefs
20 were and so forth, and they would use this area as a place
23 far from this staging area, as we will refer to it, right down
24 here around old Gold Butte Road or Gold Butte Road off of Route
25 170 just across the river from the stage area. And this is
Vol. 5 - 39
1 where the militia would gather, and this is where the militia
5 that were now in the area from the militia, the BLM said they
15 and their resources and had stopped the gather and hoped to
23 with me, you will meet with me on stage." So, the sheriff took
24 the stage, and from the hundreds of these -- of the people that
3 up the land for everybody to use." And this was met with
6 the cattle?" And the sheriff paused for a moment and said,
8 cattle are where they have always been," meaning the ICP.
12 the crowd, that he was not here to negotiate with the sheriff.
13 He said instead, "I'm here to put legs under him." And then he
17 "Disarm them and bring the guns back here to this stage and
22 hour, stack arms. And this was met with great cheers as well.
25 everybody was worked up. So, with that the sheriff left. He
Vol. 5 - 41
3 and the sheriff left for Las Vegas, and left in charge of
4 security for the ICP his then assistant sheriff, now current
8 on the stage the militia members that were there. They now had
10 and they accompanied him wherever he went. And here they are
12 So, the sheriff left, and the hour came and went.
17 So, after the hour came and went and the sheriff
18 hadn't returned, the crowd again was worked up. And they said,
20 So, Cliven took the stage again. Cliven Bundy took the stage
1 not only were there people there that were there to support
3 guns, there were guns all over the place you'll hear testimony.
7 stage area. And there they remained for the hour that -- that
13 the Powerline Road," which is not along the freeway, "and they
16 ICP was located. He said, "When you get up there, you meet
17 with the horse people or the people on horses," and off they
20 most importantly, the militia took off. The people with guns
21 took off, and they went to the ICP to release the cattle as
24 stage with Cliven Bundy. And when Cliven Bundy gave the
2 militia members who were there, and began talking to them, and
3 they began to move as well. And in this image you see Ryan
6 out. The horses moved out, and all the other supporters moved
7 out including men, women, and children who were not carrying
8 arms.
11 will see a lot of video on this. And I'm not going to spend a
12 lot of time on it now other than to help show how the sequence
16 Bundy Ranch down here. This is the stage area just on the
21 the State Route 170, and then hit the interstate going
24 which is called Post 1, and we'll talk a little bit about that
25 in just a second.
Vol. 5 - 44
3 people had made their way, some began to make their way, and by
5 And here you see an aerial shot of the area directly across or
9 Bundy -- and the people who are now following Bundy's commands,
18 makeshift gate that had been erected between the pillars of the
24 night and during the day, they had 24-hour security around the
12 about 80, 90 miles away from Las Vegas, and it takes a while to
13 get there.
16 the staging area, saying that Cliven Bundy has launched people
20 1, as we described earlier.
22 pouring into the area, Ammon Bundy in the assembly area. He's
24 there, he talks about the BLM as being thugs and taking care of
25 the thugs.
Vol. 5 - 46
4 to the Toquop Wash, down to the wash to meet with the horses
8 begin filing into the area, people with guns. And there are
10 with guns wearing tac vests, and people with guns wearing
12 the officers who witnessed this that there were guns all over
13 the place.
15 people who are angry, and mixed with guns, and mixed with
17 violent situation.
6 And you will hear this from the officers, and you
7 will hear that that was one of the objectives of Pete Santilli.
11 assistant sheriff.
13 made his way across from Post 1 over to the assembly area to
16 going on?" And he says, "We're here to get the cattle." And
23 have got a huge traffic jam. And remember that Cliven Bundy on
24 the stage said, "Shut down the freeway." Well, they were
1 difficult for NHP to respond, and they had only a few officers
6 the assembly area, and the horses began to arrive. The horses,
9 about 11:55, and were making their way along this dirt road
11 Wash.
13 guns moving with them. And the horse -- the people on horses,
14 the horses made their way down to the Toquop Wash. And right
16 northbound overpass.
19 bridge. Across from them now the BLM, having seen people build
2 across the bottom of that wash, about 270 people. 270 people,
7 cattle."
13 when the people pushed through and formed that line, guns began
14 to move into the wash as well. Guns moved onto the bridges in
15 a superior position over the BLM. Guns moving into the wash,
19 some distance of about 125, 150 yards. Well within the range
20 of an AR-15.
23 some other AR-15 variant, but they were rifles. There were
24 handguns there, but the most concerning thing for the officers
2 where the BLM had responded. And you see in this image the
5 gate.
7 minutes that we are going to describe for you, the BLM officers
9 over 270 in the whole area, on the bridges above them, and in
12 with the crowd that was on -- had lined up in the bottom of the
15 children in that group, along with unarmed men as well and the
18 How the gunmen moved. They moved in and out of the crowd.
20 pointing rifles and putting them down. And they were showing
21 their rifles. And they were moving in and out of the crowd as
7 seen the incident in the wash. Began to move down to the wash.
8 And you will hear testimony from Sheriff Lombardo, who had
13 the people moving into the wash, seeing the guns, seeing the
16 Bundy, and he knew from what Cliven Bundy had said on the
21 was to move the cattle from the ICP and move them out of state
25 decision, "We are going to release the cattle." Dan Love made
Vol. 5 - 52
2 attempted to negotiate.
5 the gate. And when he gets to the gate, he says, "I need to
9 engaged the crowd. They saw the guns on the bridge. They had
13 his -- or you will see his image. You will hear his voice
14 where he says, "I need you guys to back off, to break away. I
19 the lead of this group. And when Ammon Bundy moves toward the
23 that group moves up, the guns move with the group. And they
2 high ground on that slope, on that slope on the east side and
3 the slope on the west side. And Ammon Bundy and Special Agent
4 Love meet, and Love says, "I need you to back them off. I need
13 raises guns, that nobody starts anything. And you will hear
18 have set off a huge firefight. That there would have been
21 for their own safety, but they were concerned for the safety of
22 the men and women and children, the unarmed men, women, and
24 there to guard that post, but the only way they could guard it
25 and stay there would just continue to increase the violence and
Vol. 5 - 54
3 forward toward the gate, the gunmen on the bridges went down to
8 members of the militia that had moved down to the wash. This
10 position.
14 from OMA, and those are members of the Arizona State Militia in
15 the wash.
17 has -- he says, "I need time. I need time." And they -- and
18 Dave Bundy says, "How much time do you need?" Dave Bundy, by
19 this time, had worked his way from Post 1 down to Post 2. He
24 Post 1. They meet with Ryan Bundy, and there they -- and there
1 will hear and you will see the recording of their discussion.
2 And the discussion is, "We are going to release the cattle," or
4 Ryan Bundy insists that they leave quickly. And the -- but
9 more militia again piling into the wash across from Post 2.
11 they were seeing. And they were seeing the bridges above them,
17 entirely from this area. So, 12:40, the word is given that
18 they are going to be leaving, and BLM begins to break off from
20 area.
22 you before, during the height of this thing, the BLM officers
23 were engaged with the gunmen on the bridges above them. And
4 force against them. This is the deadly force that they faced.
7 they could into the back of their vehicles, and began to take
8 off out of the ICP to leave the post. They had to surrender
9 their position.
12 and oath bound to protect, because of the deadly force and the
17 what we set out to do. We drove them off. They are leaving.
18 They are gone. They are gone from this area." This is public
20 "They are gone." And they said, "Well, what happens if they
23 the cattle from the ICP. The cattle were then allowed to --
24 they were driven out of the ICP back out onto the public lands,
25 and everybody rallied back at the stage where this whole thing
Vol. 5 - 57
1 began. And Cliven Bundy stood before the crowd and said, "You
2 got the job done. I thought for a while there I'd have to do
3 it, but you got the job done." And he was holding a sign that
4 said "closed area" that was cut down during the course of this
5 assault.
7 And during the course of the interview, he said, "You know, our
9 will, so that the Sheriff would come in and intervene and take
10 over. Of course the militia were there with us, and the BLM
13 goal, the plan, the mission was to make BLM wonder whether they
14 would shoot. And when they got to the point where they made
21 you will, the outline of how the events of April 12th unfolded.
22 Now I'd like to circle back and little bit and talk
23 about the specific charges. I talked about the goal here, the
2 MR. MYHRE: That the militia was with them, and that
3 the militia was going to shoot. That was one of the goals or
13 that, which is why they confronted them with guns knowing that
16 you will hear testimony from the officers about their fear.
17 Now, you are not going to see any video or officers running out
22 fear, but that doesn't mean they don't feel the fear. And you
2 fear for their life. And we will prove to you that these
5 ground while the people -- the militia were taking the high
7 people were on the bridges while they were moving in and out of
8 the crowd.
10 people with the guns, the militia, the people on horseback, the
11 horses. And you will hear testimony about the horses was a big
13 difficult to deal with a horse when you are on foot, and all
14 you have to deal with is what you have with you. And if the
24 possession of the BLM. That they had gathered the cattle over
25 the course of the days between April the 2nd and April the
Vol. 5 - 60
2 those.
4 force that was leveled against them caused them to leave the
5 area, to back down, and to move -- and to leave and abandon the
6 cattle. And that was the goal of the defendants was to obtain
21 the mindset behind those weapons. That those weapons were used
22 for the purpose of instilling fear. That they were there, they
23 were used, they were shown, they were displayed, they were
25 enforcement officers.
Vol. 5 - 61
4 than four Court orders in place. 1998, the 1999, and two
6 his cattle. Authorizing the BLM to take them off the land.
9 force and violence. The militia that they had assembled, the
10 horses that they had assembled is the force and violence they
11 used.
14 people with guns across state lines from far away as Montana,
16 Hampshire. Came from all over the United States for the
25 Bundy, Cliven Bundy, Ryan Payne, and Pete Santilli, who you
Vol. 5 - 62
9 that.
24 when they are going to make a move to the basket, but they are
25 all watching each other, and they are all watching each other
Vol. 5 - 63
2 see this person on the left, they flip the ball over to him,
3 and they make a layup. They all know what the goal is.
5 what the goal was, that they all worked together, that they
6 could all see each other and what they were doing, and that
11 aiding and abetting. And we will show evidence that all these
15 hear evidence of Ryan Payne talking about what the plan was
16 here, what the goal was, and you will hear evidence that he
17 will say that the goal here was to, quote, unquote "protect the
21 said, "Go get my cattle," the militia went with them. You will
22 hear him describe how the militia were going to be there. Some
2 followers in the wash. And that's what the evidence will show.
7 Ryan Payne. So, you will hear evidence of Ryan Payne and what
11 see evidence that Cliven Bundy carried a firearm. You will not
12 see evidence that Ammon Bundy carried a firearm. You will not
14 sidearm holstered.
16 all working together, because they are aiding and abetting each
21 could see the gunmen in front of him. He could see the gunmen
23 where why they were there. He saw the horses going. It was
1 coconspirator as well.
4 were there leading. They were assisting. They were aiding and
5 abetting and inciting each other and aiding and helping each
6 other.
7 And Ryan Payne, Ryan Payne was not in the wash. Ryan
8 Payne was back at the stage during the course of these events.
9 But because he helped put in place all the pieces that came
18 again stand in front of you and walk through these charges and
19 the elements and how -- how we have proved up the case. And I
20 talked to you about what the case was, what the case is, about
25 the line from a protest. This was breaking the law. This was
Vol. 5 - 66
7 our most dearly held rights in the country, and this is not
15 grazing. This isn't a case about should the BLM manage public
18 entitled to. It's not about whether you believe you have a
19 right. It's about or not you are going to use force and
2 persons' beliefs of what the law is or what the law should be.
3 The only law that governs in this case, ladies and gentlemen,
4 the only law is the law that's given to you by the Court at the
7 this case is about, it's about the rule of law. It's about
13 They got it at the end of a gun. They got it through force and
4 trial, you will want your notes to refer back to testimony and
7 you again, and we will ask that you return a verdict of guilty
10 --oOo--
12
17
21
22
23
24
25