Wednesday, February 03, 2016

Bundy withdraws release appeal in Malheur takeover

The lawyers for Malheur Wildlife Refuge militia leader Ammon Bundy withdrew his appeal to be released from federal custody, but the appeal of 2 others accused was heard — and one was released. Bundy’s lawyers, Mike Arnold and Lissa Casey, said they will revisit the appeal at another time. In a statement read by his attorneys after he withdrew his appeal, Bundy said: 
 “Because of the restrictions of solitary confinement for 23 hours per day, I have not been able to speak to my father. I am requesting that the four remaining protesters go home now so their lives are not taken. This will allow the FBI and OSP to also go home and end their armed occupation of Burns in Harney County. Then Harney County sheriff should cordon off the refuge as the citizens work on returning these lands back to Harney County and the state of Oregon as prescribed in the Constitution. It is simple, the land belongs to the people.”
The appeal for two other jailed militia members, Peter Santilli and Joseph O’Shaughnessy, went forward in front of U.S. District Judge Michael W. Mosman.
Joseph O’Shaughnessy
In his case, Judge Stacie Beckerman ruled last Friday O’Shaugnessy could be released with conditions, but federal prosecutors appealed. According to court documents filed Tuesday, O’Shaughnessy’s attorney, Amy Baggio, wrote that U.S. Pretial Services submitted a report on Friday that recommends he be released. O’Shaughnessy’s lawyer argued on Tuesday he did not agree with the occupation of the refuge and went there to de-escalate things; didn’t stay at the occupation; didn’t actively participate in it; and encouraged communication with law enforcement to reach a peaceful conclusion.  His lawyer also presented statements from Ammon and Ryan Bundy that confirmed O’Shaughnessy opposed the takeover. Judge Mosman affirmed Judge Beckerman’s earlier ruling to release the 43-year-old O’Shaugnessy. For now, he ruled, the government hasn’t met its burden showing O’Shaughnessy is a danger to the public...more

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