Tag Archives: discovery

Case Against Cliven Bundy, Sons Ammon and Ryan, Dismissed Due to Prosecutorial Misconduct

Case Dismissed Against Cliven Bundy Sons Prosecutor Misconduct

Multiple felony charges against Cliven Bundy, his sons; Ammon and Ryan, and Ryan Payne have been dismissed by a federal judge in Las Vegas, due to prosecutorial misconduct.

Earlier today (January 8th, 2017), a federal judge in Las Vegas threw out multiple felony charges against Cliven Bundy, his sons; Ammon and Ryan, and Ryan Payne due to prosecutorial misconduct during and prior to two previous trials, which had previously ended in mistrials (the first as a result of a hung jury).

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U.S. District Court Judge Gloria Navarro dismissed the case with prejudice, meaning that the charges cannot be refiled by prosecutors. The Bundys and Payne were all four facing felony charges of threatening a federal officer, carrying and using a firearm and engaging in conspiracy and potentially decades in prison. Those charges resulted from the “Bunkerville Standoff” against the Bureau of Land Management and other members of federal and local law enforcement back in 2014.

Judge Navarro ruled that the Federal Government had violated disclosure requirements by withholding evidence that could be beneficial to the Bundys’ defense. Under the Brady Rule, prosecutors are required to provide any such information to defendants. As a result Navarro declared that “the court finds that the universal sense of justice has been violated” and therefore a fair trial could not be conducted.

Via the Los Angeles Times:

Despite the mistrial, federal prosecutors argued in a legal brief filed Dec. 29 that they didn’t willfully withhold evidence from the defense and they still planned to press ahead with another trial.

Assistant U.S. Atty. Steven Myhre wrote in his brief that the government shared 1.5 terabytes of information and noted it was “by far, the largest review and disclosure operation in this [U.S. attorney’s office] history.”

Myrhe also argued the government needed to protect some witnesses from leaks that might lead to threats, so it “culled the database with witness protection in mind.”

“Unprecedented database volume and witness concerns aside, the government never let these obstacles stand in the way of diligently working to fulfill its discovery obligations,” he wrote.

But defense lawyers for Payne — Renee Valadares, Brenda Weksler and Ryan Norwood — argued in their Dec. 29 briefing seeking to dismiss the case that government “failed to accept responsibility for any of its failure to disclose evidence” and the withholding of evidence was “flagrant prosecutorial misconduct.”

“The government’s irresponsible and, at times, false proffers to this Court as well as its dismissiveness toward the defense inspires no confidence in the prospect of fairness,” they wrote. “A dismissal is necessary to remedy the constitutional violations, to preserve the integrity of this court’s processes, and to deter future misconduct. Anything short of a dismissal is tantamount to condoning the government’s behavior in this case.”

In October 2016, Ammon and Ryan Bundy, along with five others, were all acquitted by a federal jury of charges relating to the takeover of the Malheur National Wildlife Refuge in Oregon.

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Dover New Hampshire Police Keep Felony DUI by Influential Business Executive Out of News

The following post was shared with the CopBlock Network anonymously, via the CopBlock.org Submissions Page. Within the post, the submitter maintains that the executive of a power plant located in Ossippee, NH severally injured a member of his family while driving drunk. Furthermore, the person submitting this post states that, due to influence from his position and the accompanying wealth, as well as family connections within the Dover Police Department, the accident and subsequent trial has not been covered at all by the media.

June 2016

This is a news tip about a white New Hampshire power plant manager charged with felony DUI that never made it on the news because it was covered up. Robert Lussier has undergone over seven months of a felony DUI trial and not so much as his arrest has been reported by the news. This is a cover up at its finest. Roberts sentencing will be in February, you should give him the air time he deserves.

On the evening of June 24th, Lussier, of Dover, NH, was working at the Pine Tree Power Plant in Ossippee NH. The plant is owned by:

ENGIE North America
1990 Post Oak Boulevard, Suite 1900
Houston, Texas 77056-3831
Tel: 713.636.0000
[email protected]

Robert left the power plant and went straight to a local Ossippee bar with one of his employees and began drinking heavily. Robert, after drinking himself into a stupor, climbed in his vehicle and began driving home to Dover.

As Robert got on route 16, he hit the side of a pickup truck head on and bounced off He then drove straight head on into an old man driving his vehicle. Robert severed this mans legs and has forever altered this mans life. Yet it was never reported on the news. Robert’s vehicle was also totaled.

This is where is gets interesting. All you have to do is follow the trail of the cover up. The first police officer on scene was the son of one of Robert’s employees. This felony DUI crash, in which Robert was 100% at fault and removed a family member’s legs, was never reported by any news outlet. Robert’s blood alcohol content was three times the legal limit.

We’ve since found out that Robert’s father is also a retired state policeman who leveraged his time in uniform to make sure this accident stayed off the news. It worked. Robert successfully avoided his license suspension hearing because the associated officer was pressured not to show in court. After removing my family member’s legs and having a BAC three times the legal limit, Robert is still driving the roads of NH.

Sigh, must be nice to be a rich, white executive with a state police father.

Roberts sentencing is coming up in February. It’s not too late for you in the news industry to cover this story with the attention it deserves. I’d suggest digging into why this arrest is not on any police log, the Ossippee police love publishing photos and detailing the criminal actions of those who are not rich, white executives with state trooper fathers.

Some other interesting things to investigate:

Discovery had shined a light upon the fact that Robert is an avid gun enthusiast and we’ve found out he has an extensive arsenal of weapons. Robert cannot be trusted to drive his vehicle home at the end of a work day without a blood alcohol content of three times the legal limit, let alone to own an arsenal of guns. However, he’s still in possession of this firearm arsenal.

Robert has a NH license to carry permit. If he were not the son of a state policeman, this would have been revoked immediately. So not only is this irresponsible human being still behind the wheel of a vehicle after removing a my family members legs, he carries conceal firearms too.

The discovery process has produced yet another interesting paper trail you could investigate regarding his resident New Hampshire concealed carry permit. Investigate when he received his NH resident concealed carry permit and when he moved to Dover, NH.

Prior to moving to Dover, Robert lived his entire life in Massachusetts. By following the paper trail, you’ll notice that the Ossippee police chief gave Robert a NH resident concealed carry permit six months to a year before he actually moved to New Hampshire. Robert was given a NH resident concealed carry permit by the Ossippee police while he was still a Massachusetts resident, the paper trail will show this. That is completely illegal.

In the discovery process, we also found out that Robert has had some interesting run-ins with the law in Massachusetts, but his state police daddy covered things up yet again. Two years ago, Robert had a dog and that dog apparently bit someone. So Robert did what any responsible pet owner would do, he took the dog outside and shot it in the head; then buried it in a shallow grave. The Boston, Massachusetts police were not amused about Robert’s execution of the dog and he was under investigation after lying about the whereabouts of the dog. Once again, Robert’s state police daddy stepped in and the cover up began.

As you can see, Robert is troubled. However, he always manages to stay off of the news because of his father’s state police connection. I hope you can change this and give this story the attention it deserves. My family member is missing leg’s while Robert’s life has been unaffected.

Please help me and my family.

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Cleveland Cop Who Previously Shot Unarmed Man, Allowed To Attend Rehab Instead Of Jail After Drug Arrest

A member of the Cleveland Police Gang Unit, who was involved in a 2015 shooting of an unarmed man that the department initially lied about, was later himself busted for drugs. However, instead of going to jail, he’s been given a deal that will allow him to go to rehab instead of having his guilty plea count as a conviction.

In the shooting, for which a lawsuit is set to go to trial soon, Detective Jon Periandri claimed that the man he shot during a drug bust, Joevon Dawson, had gotten out of a car with a gun in his hand. The other five Good Cops at the scene backed up his story and one of them also moved a bullet casing to support the claim. Even Cleveland Police Chief Calvin Williams got in on the act, making a statement to the press at the scene that Dawson was armed when he was shot.

However, information later released as part of the lawsuit indicated that the only gun recovered at the scene had been stored within the center console area on the inside of the vehicle. Investigators from the Ohio Attorney General’s Office Bureau of Criminal Investigation concluded that the gun could not have been used by Dawson.

Meanwhile, even as he was in the process of arresting and shooting people for drug crimes he was simultaneously buying drugs by the handful. In fact, evidence showed that he literally ordered drugs while on duty as part of the narcotics squad. Incidentally, his taste for prescription pain killers and heroin were uncovered after a drug bust that included the Brooklyn, Ohio Law Director and the son of the mayor of Parma, Ohio.

Via Cleveland.com:

Periandri would soon face criminal investigation for another incident that happened in the weeks before and after the shooting.

In October 2015, as investigators continued probing the Dawson shooting, local and federal authorities raided the Seven Hills home of Alfonso Yunis, a suspected drug dealer.

Police found Yunis counting and crushing pills at his house along with then-Brooklyn law director Scott Clausen and attorney Brian Byrne, son of Parma Mayor Mike Byrne.

All three were arrested. A subsequent tip from a confidential police informant and a search of Yunis’ cellphone turned up hundreds of text messages with a number that was later traced to Periandri, according to court records.

The messages appeared to be “criminal in nature” and showed Periandri, a detective in charge of investigating and arresting drug dealers, repeatedly requesting to buy prescription painkillers and heroin off of Yunis, and even agreeing to act as a middleman for some drug deals, according to a search warrant affidavit obtained by cleveland.com in December 2015.

Dawson’s attorney entered the affidavit as evidence in the federal lawsuit on Thursday.

Messages seized from May 23, 2015 showed that Periandri ordered drugs while he working during protests in Cleveland that followed the acquittal of Cleveland police officer Michael Brelo on manslaughter charges in the 2012 killing of an unarmed couple. He also used a shorthand for what the affidavit describes as a racial slur to describe the protesters.

Cleveland police’s internal affairs unit launched an investigation and, that same month, obtained a warrant to collect a hair sample from Periandri and have it tested for drugs.

But before they could execute the warrant, Periandri took a medical leave of absence and checked himself into a drug rehabilitation center in California, internal investigators wrote in the affidavit.

The deal

A May 13, 2016 email between from Cleveland police commander Brian Heffernan to Williams, the head of internal affairs Lt. Monroe Goins and another Cleveland police officer indicated that Periandri was in talks with Assistant Cuyahoga County Prosecutor Jim Gutierrez.

The two agreed that Periandri would be charged by information and plead guilty to a felony drug possession charge at a June 7 court hearing. He would receive treatment in lieu of conviction, the email says.

Periandri would then serve a year’s probation, and the charge would be dropped from his record if he successfully completed treatment. In exchange, Periandri agreed to give up his certification to be a police officer.

But that court hearing never happened.

Prosecutors did not charge Periandri until Thursday, more than eight months after the original offer, according to court records. And the information was not delivered to the clerk’s office until about 1:30 p.m. Monday, after reporters began asking the prosecutor’s office about Periandri’s case.

The information, signed by Gutierrez, Periandri and Periandri’s attorney, Robert Dixon, is stamped Jan. 19. A note stuck on the outside of Periandri’s file says the information was “back-dated” to Jan. 19.

Kathleen Caffrey, a spokeswoman for the prosecutor’s office, said on Monday that Periandri had been charged by information and pleaded guilty in June.

After a reporter asked for a copy of the information and more information about the court hearing on Tuesday, she called to say that she had misinterpreted a conversation with Gutierrez and that no June agreement was reached.

Periandri was allowed to retire from the department for medical reasons on Aug. 9, 2016, Williams said.

Also, when reporters began asking about the drug “conviction” as a result of discovery information from the lawsuit, a spokesman for the prosecutor’s office explained that the records of it had never been entered into the Cuyahoga County Common Pleas Court’s public docket due to an “IT issue.” #SeemsLegit

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Nevada Prison Guard Charged With Manslaughter in Fatal Shooting of Inmates (Update)

I’ve posted several times over the past year about the shooting of two prison inmates at the High Desert State Prison, which is located at Indian Springs, Nevada, just north of Las Vegas. Lawsuits by the families of those inmates, Carlos Perez and Andrew Arevalo, claimed that a fight was instigated between the two prisoners by correctional officers in order to justify the shooting.

As I’ve stated previously regarding the incident:

Both prisoners were handcuffed behind their back at the time of the fight and the lawsuits maintain that neither prisoner represented a threat to the guards sufficient enough to justify them being shot. Carlos Perez died from his injuries, while Andrew Arevalo was gravely wounded but survived. Although it was later overturned, Arevalo was also “internally convicted” of murder charges by the warden relating to Perez’ death.

As I’ve also reported, this and other incidents of shootings by Nevada prison guards led to a review of the use of force within state prisons and the use of shotguns in such incidents. A report produced at the conclusion of that review criticized prison guards’ use of shotguns by concluding “Nevada’s Department of Corrections (NDOC) is improperly relying on live ammunition instead of proper staffing.” Instead of accepting the advice to stop murdering inmates with shotguns, the NDOC responded to that report by saying they “hope to reduce the use of live rounds,” but won’t be doing so anytime soon and agreeing that they should hire more guards.

Two weeks ago in my last update, I discussed the releasing of internal disciplinary reports from the original “investigation” of the shooting, which were released as part of the discovery process in the lawsuits brought by the parents of the inmates shot at High Desert State Prison. Although they didn’t address the claims of the fight being instigated by the guards, they did pretty clearly place the blame for the shootings on those guards.

Latest: Guard Trainee Indicted

Earlier this week, former High Desert State Prison Correctional Officer Trainee Raynaldo J. Ramos was charged with two crimes in relation to the shooting of Perez and Arevalo. However, several questions remain regarding the nature of the charges, as well as the lack of any other indictments.

In light of the conclusions included within the disciplinary reports, the inmates’ families and others believe that Correctional Officers Jeff Castro and Isaiah Smith, both of whom were also present during the shooting, should have been charged, as well.

emailbannerVia Fox5 Las Vegas:

Ramos was charged with one count of the performance of an act in reckless disregard of persons or property resulting in death, and one count of involuntary manslaughter for his role in the death of inmate Carlos Perez.

According to the criminal complaint, while serving as a correctional officer trainee at High Desert State Prison, Ramos shot Perez in the chest, head, and neck while Perez and another inmate were involved in a brawl. Perez died as a result of the shooting.

Perez’s brother,  Victor Perez, believes those involved should be held accountable for his death.

“They can say all they want that it was an accident. I believe my brother was executed,” he said.

Charges were not filed against two other guards who resigned in May 2015, according to the Associated Press.

Perez’s lawyer, C.J. Potter from Potter Law Offices, said the two guards were present at the time of the shooting.

“There’s two other corrections officers there. The Department of Corrections said they failed to intervene, they allowed the two to be in that situation to fight,” Potter said.

” We do feel that the other guards are at least partially responsible because they’re supposed to be training this guard to do things the right way and they didn’t,” Victor Perez said.

Several other things including the length of time between when the issues were outlined in the internal reports, the fact that he was only charged for the fatal shooting and not the injuries to Arevalo, the changing stories that have been publicly released about the incident, and the previous attempt to charge Arevalo with murder for the death of Perez have all been pointed to as evidence of a cover-up by the prison administration.

In addition, the fact that the trainee was the only one charged and the low level nature of the charges (often referred to as a “Policeman’s Discount”) that were filed against him has been characterized as a scapegoating tactic to draw blame away from the other two guards involved and the NDOC itself.

Via ABC 13 Action News:

It’s taken nearly a year and a half, plus allegations of a cover up, for the state to charge a corrections officer in a deadly prison shooting.

Contact 13 explains why some say this is only half a cup of justice.

In November 2014, two handcuffed inmates in a secured unit called “The Hole” got into a fight at High Desert State Prison. A guard fires multiple rounds to break it up. Inmate Andrew Arevalo is seriously wounded. Inmate Carlos Perez is killed.

“Carlos’ mother, Mrs. Perez, was very concerned that there would never be that sense of justice in the case,” said Perez family attorney Cal Potter.

On Monday, the Nevada Attorney General filed a criminal complaint against former Correctional Officer Trainee Raynaldo J. Ramos.

Ramos is charged with “reckless disregard of persons or property resulting in death” and “involuntary manslaughter” for his role in the death of Perez, who was shot in the chest, neck and head.

“Why did it take this long for these distilled charges to come down?” Potter asked.

The charges come just one week after an internal prison report went public — blaming two other corrections officers for failing to follow safety procedures, failing to break up the fight and bringing “negative media attention” on the Department of Corrections. There is no mention in the report of Trainee Ramos.

Potter said, “It’s almost like a half a cup of justice at this point.”

And for only half of the victims. Arevalo was injured by the same gun in the same incident, but no one is being held criminally responsible for shooting him.

“This gives NDOC, this gives the AG’s office almost a scapegoat in COT Ramos,” said Arevalo’s attorney, Alexis Plunkett. “They’ve charged him with low-level felonies and they’ve charged the lowest person on the totem pole.

They’ve charged the trainee. And they’re attempting to remove the blame from all the higher-ups and from anyone else. It’s a trickle-down. And at the very bottom of the totem pole is the person that they’re making take the fall for this.”

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Official Report: Nevada Prison Guards Blamed For Fatal Shooting of Inmates (Update)

Last year, I posted about the shooting of two prison inmates at the High Desert State Prison, which is located at Indian Springs, Nevada, just north of Las Vegas. Lawsuits by the families of those inmates, Carlos Perez and Andrew Arevalo, claimed that a fight was instigated between the two prisoners by correctional officers in order to justify the shooting.

Both prisoners were handcuffed behind their back at the time of the fight and the lawsuits maintain that neither prisoner represented a threat to the guards sufficient enough to justify being shot. Carlos Perez died from his injuries, while Andrew Arevalo was gravely wounded, but survived. Although it was later overturned, Arevalo was also “internally convicted” of murder charges by the warden relating to Perez’ death (see the first video embedded below).

As I also posted about last year, this and other incidents of shootings by Nevada prison guards led to a review of the use of force within state prisons and the use of shotguns in such incidents. The resulting report (see the second video embedded below) stated that “Nevada’s Department of Corrections (NDOC) is improperly relying on live ammunition instead of proper staffing” and recommended they stop doing that. Not surprisingly, the NDOC responded to that report by saying they “hope to reduce the use of live rounds,” but won’t be doing so anytime soon and agreeing that they should hire more guards.

Yesterday, as a result of the aforementioned lawsuits, internal reports relating to the “investigation” of the shooting were released as part of the discovery process. While these disciplinary reports, which the Nevada Attorney General’s Office fought to keep secret, don’t address the claims of the fight being instigated by them, they do pretty clearly place the blame for the shootings on the guards involved.

Via the Las Vegas Review Journal:

The Employee Misconduct Adjudication Reports specified six allegations against Correctional Officer Jeff Castro for neglect of duty, insubordination, unauthorized use of force, false statements and unbecoming conduct that brought the Corrections Department “negative media attention.”

Correctional Officer Isaiah Smith was written up for three allegations of neglect of duty and false statements for failing to report repeated, prior security breaches “which led to an inmate’s death.”

Carolos Perez, 28, died Nov. 12, 2014, from multiple gunshot wounds. Another inmate, Andrew Arevalo, now 25, was wounded. Both men were handcuffed behind their backs when they were shot in a shower hallway in a segregation unit known as “the hole.” High Desert is about 40 miles northwest of Las Vegas, just south of Indian Springs.

The shooting death of Carlos Perez by a NV Prison Guard Has Raised many Questions

The shooting death of Carlos Perez by a NV Prison Guard Has Raised many Questions

Another correctional officer who arrived after the shooting stopped said there were “vast amounts of blood everywhere on the tier.” Another officer, identified only as Senior Correctional Officer Mumpower, evaluated the inmates who were both handcuffed and lying on the ground, according to an incident report.

Mumpower determined Perez needed immediate medical attention. He placed Perez “on his left side as he heard him gurgling on his own blood and this would allow for it to drain out,” the report said.

Prison medical staff took Perez to a trauma room and administered CPR and other treatment for about 45 minutes before he was declared deceased, the report said.

Prison officials acknowledged Perez’s death when it happened but didn’t provide details. That he was shot by staff didn’t become known until four months later when the Clark County coroner reported the cause of death and ruled it a homicide.

Two civil lawsuits, one filed by Perez’s family, the other by Arevalo, are pending.

The latest documents were contained as exhibits in a motion by the attorney general’s office seeking dismissal or summary judgment of the case filed by Las Vegas attorney Cal Potter on behalf of Victor Perez.

Besides the officers, the lawsuits name the state, former Corrections Department Director Greg Cox, the warden and other administrators as defendants. A state board in March approved hiring private lawyers to represent the three correctional officers for up to $45,000 each.

Cox resigned in the fall at the insistence of Gov. Brian Sandoval.

Castro, Smith and the trainee who fired the four shotgun blasts, Reynaldo-John Ramos, were put on leave immediately after the incident. Ramos, who was on probation, was terminated. Castro and Smith resigned May 1, 2015.

Andrew Arevalo was also shot and seriously injured by a guard's shotgun, but survived.

Andrew Arevalo was also shot and seriously injured by a guard’s shotgun, but survived.

The attorney general’s office sought to keep the internal reports secret, arguing they are personnel records not subject to disclosure.

But U.S. District Judge Andrew P. Gordon, in an April 4 order, denied the state’s motion.

“Those reports concern the state’s investigation of the events that give rise to this litigation,” Gordon wrote. “The public has an interest in seeing that the state properly and thoroughly investigates allegations of serious wrongdoing.”

At the time of the shooting, both Perez and Arevalo were in a segregation unit known as “the hole,” where regulations require that inmates be moved one at a time and “all escorts of retrained inmates are hands on.”

Castro, according to the documents, admitted he often failed to comply with the regulation, telling an investigator, “Pitch and catch, that’s the norm at HDSP.” The description refers to allowing inmates to walk unescorted from one correctional officer to another.

The report said Castro failed to directly escort Arevalo from the shower to his cell, and also allowed Perez out of the shower without a hands-on escort while Arevalo was in the hallway. The two inmates got into a fight, and Castro failed to intervene, instead leaving the area to find a pair of gloves.

“The use of the shotgun would not have been required had … Castro followed policy and had he not had two inmates out of the cells at the same time,” the report said, adding that had he broken up the fight “the other officer would not have used the shotgun to quell the fight.”

Smith was also cited for failing to intervene in the fight. The report said Smith had witnessed Castro moving multiple inmates out of the cells at the same time but failed to report the security breaches.

The Review Journal also reports that “The attorney general’s office has been investigating the case for a year for potential criminal charges.” I wouldn’t suggest holding your breath on that, though.

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