Requesting that the United States Court of Appeals affirm the district
court’s decision to grant a new trial and permit oral arguments,
attorneys for the Reese family filed an Apellees’ Brief
Thursday claiming “suppressed impeachment evidence was both favorable
and material and … the decision to grant a new trial was within the
sound discretion of the trial court.”
Arrested almost two years ago for allegedly knowingly selling guns to
cartel members while operating a New Mexico gun store, all Reese family members were found not guilty
on the most serious charges of conspiracy. Additionally and
significantly, money laundering charges against them were dismissed.
Husband Rick, wife Terri and son Ryin were convicted on a handful of
lesser charges of making false statements on forms, basically under the
presumption that they should have known federal agents were lying. Rick
and Ryin were released on bond in February and Terri was released on
bond last year. Son Remington was cleared of all charges, and a new trial for the outstanding convictions has been ordered following the judge’s ruling that the prosecutor withheld evidence from the jury.
Claiming “the government’s statement of facts is flawed” and that it
“suppressed potential … evidence [and] misstated [its] claim, the brief
documents how the prosecution then attempted to “marginalize” the impact
of keeping from the jury the fact that a law enforcement witness was
himself under criminal investigation.
More Here at Gun Rights Examiner
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