Prosecutors Seek Reconsideration of Bundy Trial Dismissal

LAS VEGAS, NV - Prosecutors representing the federal government in the case against Nevada rancher Cliven Bundy and his sons are asking a judge to reconsider the January decision to dismiss the case, the Associated Press reported.

U.S. Attorney Dayle Elieson of Nevada argued that Judge Gloria Navarro should not have dismissed the case entirely after prosecutors withheld evidence from the defense. Instead, Elieson argued in a Wednesday court filing, Navarro should have dismissed individual charges. The outright dismissal of the case, she said, jeopardizes the safety of BLM agents whose work can isolate them in rural parts of the state with no backup "if confronted with danger."

The case against Bundy, his two sons Ammon and Ryan, and another man involved in the 2014 standoff in Bunkerville was thrown out on Jan. 8 after it was determined federal prosecutors violated the Brady rule - which requires the prosecution turn over all evidence to the defense in a criminal case.

"The government's conduct in this case was indeed outrageous," Navarro said in her ruling. "There has been flagrant misconduct, substantial prejudice and no lesser remedy is sufficient."

The Wednesday court filing did not say if prosecutors will file an appeal with the 9th Circuit Court of Appeals.

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Image via John Locher/Associated Press