Monday, July 15, 2013

NM:BATFE Persecution in Reese Case Continues

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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