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NV prosecutors seek new trial against Bundys, say evidence violations were 'inadvertent'

Published: January 2, 2018
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Source: The Oregonian

Prosecutors on Friday urged a federal judge to allow them to retry Nevada cattleman Cliven Bundy, his two sons and a fourth man, arguing that any failure to provide evidence to the defense in the last trial was simply "inadvertent'' or because they reasonably believed the law didn't require them to share the material.

"The Brady violations found by the court are regrettable and benefit no one,'' Nevada's Acting U.S. Attorney Steven Myhre wrote in a 55-page legal brief. "But because the government neither flagrantly violated nor recklessly disregarded its obligations, the appropriate remedy for such violations is a new trial.''

The prosecutors claim they couldn't simply turn over all the material, citing "harassment and threats'' made to witnesses, victims and officers in the case who would be in jeopardy if personal information got out, especially on social media.

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