Courtroom Update: Tuesday 12/6
Judge Bury heard final pretrial motions this morning, and we’re moderately pleased with the outcomes. He ruled the following:
* The prosecution may not use the term “trespassing” to refer to the defendants’ actions, and there can be no criminal consequences for merely entering the canyon (the federal closure was previously found to be invalid on a technicality). They may, however, tell the jury that the canyon was believed to be closed during the hunt, to prove that the defendants were willing to break the law to accomplish their goals.
* The statements made by Esquire reporter John Richardson on tapes that were later seized by the FBI cannot be admitted as evidence until the government proves that John was a co-conspirator and that his statements were made to further that conspiracy. Otherwise, his statements are inadmissible because the defendants would have no opportunity to “confront the witness” in court (John is not testifying). The judge admitted to skepticism that John was actually involved in the conspiracy but said he is open to being convinced. The few statements on the tapes that are direct recordings of Rod or Matt’s voices CAN be admitted.
* The government must release to the defense any evidence that other people were in the canyon that day, since AGFD officer John Romero admits only that he saw three people tampering with a snare, but couldn’t see who they were. If there were others in the canyon, the government cannot prove who did what.
Also, we inaccurately reported the charges against Rod and Matt in the last post. The actual charges are:
* Felony conspiracy to interfere with or injure a federal official (or his property): max 6 yrs
* Misdemeanor interference with or injury of a federal official (or his property): max 6 months
* Petty theft or destruction of government property (valued at less than $1000)
Jury selection will take place this afternoon, with the opening arguments to be heard tomorrow morning. When we know what time the proceedings will begin tomorrow, we will let you know.