Judge: Possible FBI misconduct irrelevant in standoff case

PORTLAND – A federal judge ruled on Friday that the investigation into alleged misconduct by FBI Hostage Rescue Team officers at the shooting of Robert “LaVoy” Finicum isn’t relevant to the defense in the conspiracy case against Ammon Bundy and co-defendants.

Prosecutors last month revealed the investigation into an FBI agent’s apparent shooting of Finicum and alleged FBI tampering with evidence at the scene was sent to a grand jury for review, the Oregonian/OregonLive reported.

Defense lawyers urged the judge to compel the government to turn over the investigation records, arguing prosecutors must share any evidence that could benefit the defense. Prosecutors objected.

U.S. District Judge Anna J. Brown wrote in her order that whether the shooting of Finicum was justified or whether FBI officers engaged in misconduct at the time of that shooting are beyond the scope of this criminal case.

The circumstances surrounding the FBI’s firing of shots play no part in helping the defense explain why they came to the refuge armed with guns, since the shooting occurred more than three weeks after Ammon Bundy and supporters first arrived at the refuge, the judge said.

Ammon Bundy and others were arrested while driving from the Malheur National Wildlife Refuge to a community meeting in John Day on Jan. 26. Finicum, the occupation spokesman, swerved his truck into a snowbank from U.S. 395 to avoid an FBI and state police roadblock. He was fatally shot after exiting the vehicle.

Ammon Bundy is one of more than two dozen defendants indicted on a charge of conspiring to impede federal workers at the refuge through intimidation, threats or force. A trial is set for Sept. 7. Seven defendants have pleaded guilty in the conspiracy case, and an eighth, Ryan Payne, another from Bundy’s inner circle, is set to do so Tuesday.

The judge also found that the investigative details of the FBI’s actions were not relevant for co-defendant David Fry and three other refuge holdouts who were the last to surrender on Feb. 11, since they didn’t learn of the alleged FBI cover-up until after their arrests.

Additionally, the judge denied defendants’ motion for a change of venue. While acknowledging that media coverage has been extensive, Brown said she found no showing that it’s been prejudicial.

“Whether the Court is capable of seating an impartial jury will be determined during a voir dire process in which the parties and the Court will be acutely attuned to the possibility of actual prejudice resulting from the media coverage of this case,” Brown wrote.