the hell that the government can put you through, just because they can
- Thread starter SmarterthanYou
- Start date
SmarterthanYou
rebel
In addition to granting conditional release to Rick and Ryin Reese, the two remaining members of a New Mexico gun dealer family still behind bars after 18 months incarceration, Judge Robert C. Brack of the United States District Court for the District of New Mexico has also granted a motion for a new trial.
http://www.scribd.com/doc/123390298/Reese-Order
The father and son are the last two members of a New Mexico gun dealer family jailed for allegedly knowingly selling guns to cartel members, but who were subsequently found not guilty on the most serious charges of conspiracy and had money laundering charges against them dismissed. They were convicted on a handful of lesser charges of making false statements on forms, basically under the presumption that they should have know federal agents were lying. Wife Terri Reese was released on bond last year, and son Remington was cleared of all charges.
The case has taken an increasingly disturbing series of turns, including evidence that the prosecution intentionally withheld evidence. From his comments, Judge Brack appears to have finally had it with the prosecution. In addition to detailing the conditions of bail, the judge offers a scathing criticism of U.S. Attorney conduct throughout the case, charging ‘there is no doubt the prosecution, intentionally or negligently suppressed the evidence,” raising serious questions about witness credibility and other factors being withheld from jurors.
“Viewing the significance of the suppressed evidence in relation to the record as a whole,” Brack wrote, the Court concludes that Defendants’ Motion for a New Trial should be granted.”
http://www.examiner.com/article/court-grants-new-trial-to-new-mexico-gun-dealer-family
http://www.scribd.com/doc/123390298/Reese-Order
The father and son are the last two members of a New Mexico gun dealer family jailed for allegedly knowingly selling guns to cartel members, but who were subsequently found not guilty on the most serious charges of conspiracy and had money laundering charges against them dismissed. They were convicted on a handful of lesser charges of making false statements on forms, basically under the presumption that they should have know federal agents were lying. Wife Terri Reese was released on bond last year, and son Remington was cleared of all charges.
The case has taken an increasingly disturbing series of turns, including evidence that the prosecution intentionally withheld evidence. From his comments, Judge Brack appears to have finally had it with the prosecution. In addition to detailing the conditions of bail, the judge offers a scathing criticism of U.S. Attorney conduct throughout the case, charging ‘there is no doubt the prosecution, intentionally or negligently suppressed the evidence,” raising serious questions about witness credibility and other factors being withheld from jurors.
“Viewing the significance of the suppressed evidence in relation to the record as a whole,” Brack wrote, the Court concludes that Defendants’ Motion for a New Trial should be granted.”
http://www.examiner.com/article/court-grants-new-trial-to-new-mexico-gun-dealer-family
SmarterthanYou
rebel
http://www.examiner.com/article/reese-brief-highlights-government-evidence-suppression-misconduct
Requesting that the United States Court of Appeals affirm the district court’s decision to grant a new trial and permit oral arguments, attorneys for the Reese family filed an Apellees’ Brief Thursday claiming “suppressed impeachment evidence was both favorable and material and … the decision to grant a new trial was within the sound discretion of the trial court.”
Claiming “the government’s statement of facts is flawed” and that it “suppressed potential … evidence [and] misstated [its] claim, the brief documents how the prosecution then attempted to “marginalize” the impact of keeping from the jury the fact that a law enforcement witness was himself under criminal investigation.
“The district court did not err in granting the defense motion for a new trial,” the brief argues. “The … decision was within its sound discretion, supported fully by the facts in the record and in compliance with the appropriate legal standards.
“The impeachment information suppressed by the government was material,” it continues. “The government’s misconduct is relevant.”
Requesting that the United States Court of Appeals affirm the district court’s decision to grant a new trial and permit oral arguments, attorneys for the Reese family filed an Apellees’ Brief Thursday claiming “suppressed impeachment evidence was both favorable and material and … the decision to grant a new trial was within the sound discretion of the trial court.”
Claiming “the government’s statement of facts is flawed” and that it “suppressed potential … evidence [and] misstated [its] claim, the brief documents how the prosecution then attempted to “marginalize” the impact of keeping from the jury the fact that a law enforcement witness was himself under criminal investigation.
“The district court did not err in granting the defense motion for a new trial,” the brief argues. “The … decision was within its sound discretion, supported fully by the facts in the record and in compliance with the appropriate legal standards.
“The impeachment information suppressed by the government was material,” it continues. “The government’s misconduct is relevant.”
SmarterthanYou
rebel
http://www.examiner.com/article/app...blow-to-reese-family-by-overturning-new-trial
just more endorsement of the corrupt police state by the 10th circuit
just more endorsement of the corrupt police state by the 10th circuit
LMAO; you don't vote do you. Do you stop at red lights and stop signs? If so why? Do you drive at any speed you feel like? Do you drive on the left?
I don't understand why, or how, anyone can defend gun runners selling weapons to Mexican Drug cartels.
SmarterthanYou
rebel
I DO vote, every election. I stop at red lights signs, as well as do the speed limit. why do you ask?
SmarterthanYou
rebel
I don't understand how you can be such an idiot and make posts about a case you obviously know nothing about.
I read your links; a court found them guilty, an appeal failed and they will probably be going to prison. Did they deny they sold the guns illegally? Are your links the ONLY information to be found on the case?
How so without a valid ID?
Because they are controlling laws and government oppression.
SmarterthanYou
rebel
now, what were they actually convicted of?
SmarterthanYou
rebel
who said I don't have a valid ID?
if you believe that to be so, are you then running lights and signs while speeding?
SmarterthanYou
rebel
http://www.examiner.com/article/reese-family-challenges-appeals-panel-overturning-of-new-trial-order
Attorneys for the Reese family filed a petition for rehearing en banc Tuesday in the United States Court of Appeals for the Tenth Circuit in Denver. This latest move by the defense challenges a March 19 decision by a three judge panel overturning a District Court decision that the family of former gun dealers merited a new trial based on the prosecution withholding evidence that a witness had been the subject of a criminal investigation.
The panel’s ruling last month was another in a series of setbacks for a family that has endured an ordeal approaching three years. Arrested in 2011 for allegedly knowingly selling guns to cartel members while operating a New Mexico gun store, all Reese family members were found not guilty on the most serious charges of conspiracy. Additionally and significantly, money laundering charges against them were dismissed. Husband Rick, wife Terri and son Ryin were convicted on a handful of lesser charges of making false statements on forms, basically under the presumption that they should have known federal agents were lying, and son Remington was cleared of all charges.
Challenging that panel’s findings, the defense is arguing, among other things, that it lacked appropriate authority, that the decision “wrongfully refused to examine the District Court’s findings of fact for clear error," and that it “whitewashed the government’s deliberate wrongful violation[s
Attorneys for the Reese family filed a petition for rehearing en banc Tuesday in the United States Court of Appeals for the Tenth Circuit in Denver. This latest move by the defense challenges a March 19 decision by a three judge panel overturning a District Court decision that the family of former gun dealers merited a new trial based on the prosecution withholding evidence that a witness had been the subject of a criminal investigation.
The panel’s ruling last month was another in a series of setbacks for a family that has endured an ordeal approaching three years. Arrested in 2011 for allegedly knowingly selling guns to cartel members while operating a New Mexico gun store, all Reese family members were found not guilty on the most serious charges of conspiracy. Additionally and significantly, money laundering charges against them were dismissed. Husband Rick, wife Terri and son Ryin were convicted on a handful of lesser charges of making false statements on forms, basically under the presumption that they should have known federal agents were lying, and son Remington was cleared of all charges.
Challenging that panel’s findings, the defense is arguing, among other things, that it lacked appropriate authority, that the decision “wrongfully refused to examine the District Court’s findings of fact for clear error," and that it “whitewashed the government’s deliberate wrongful violation[s