Burns Chronicles No 28 – Public Trial – Mistrial? – What stinking Mistrial?

A rather interesting what, and from a lay standpoint unjust, occurrence, happened both in the paper chase (at this point, nearly 1300 docket entries) and in the courtroom. It had to do with the testimony of the government’s first witness, Harney County Sheriff David Ward. It was a Motion for Mistrial.

An interesting note on the Motion is that we obtained a copy shortly before it was “SEALED”. This led to the admonishment that is addressed below.

It all began on the 2nd day of the trial (Wednesday, September 14), during cross-examination by Ammon Bundy’s attorney, Marcus R. Mumford is questioning Sheriff Ward.  Here are excerpts from the Motion, taken from the rough-draft transcripts:

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