Crime, Law & Justice

Prosecutors Weighing Whether To Move Forward With 2nd Malheur Trial

Oregon Public Broadcasting | By Conrad Wilson

Published November 25, 2016 at 10:02 AM PST

Federal prosecutors are weighing whether to continue with a trial set for February for the defendants who occupied the Malheur National Wildlife Refuge.

It follows a trial earlier this year where a jury surprised many and found the occupation’s leaders, brothers Ammon and Ryan Bundy, along with five others, not guilty.

The second trial is set to begin at the federal courthouse in downtown Portland on Feb. 14.

Those facing trial in February are charged with the same felony as earlier defendants: Conspiring to prevent federal employees from doing their job at the wildlife refuge near Burns.

Given the leaders of the occupation were acquitted, some legal experts have questioned whether it’s fair to try the remaining defendants.

U.S. District Court Judge Anna Brown said prosecutors must decide by Dec. 12 whether to move forward. The government could continue with the felony conspiracy charges or bring different ones, likely misdemeanors.

Brown also wants prosecutors and the defense to tell her next month how long they expect the February trial to last and what questions they’d like to ask potential jurors.

<p>Neil Wampler, right, signs a napkin outside the federal courthouse in downtown Portland.</p> — Neil Wampler, right, signs a napkin outside the federal courthouse in downtown Portland.

<p>An alternate juror with defendant Shawna Cox outside the federal courthouse in downtown Portland.</p> — An alternate juror with defendant Shawna Cox outside the federal courthouse in downtown Portland.

<p>Occupation supporters grilled hotdogs across from the federal courthouse in downtown Portland.</p> — Occupation supporters grilled hotdogs across from the federal courthouse in downtown Portland.

<p>Occupation supporter John Lamb smiles while grilling hotdogs outside the federal courthouse in downtown Portland.</p> — Occupation supporter John Lamb smiles while grilling hotdogs outside the federal courthouse in downtown Portland.

<p>Occupation supporters ate hotdogs and grits outside the federal courthouse in downtown Portland.</p> — Occupation supporters ate hotdogs and grits outside the federal courthouse in downtown Portland.

<p>Neil Wampler clutches a stack of newspapers the day after he and six others charged in the occupation of the Malheur National Wildlife Refuge were ruled not guilty of federal conspiracy charges.</p> — Neil Wampler clutches a stack of newspapers the day after he and six others charged in the occupation of the Malheur National Wildlife Refuge were ruled not guilty of federal conspiracy charges.

<p>David Fry talks on the phone outside the federal courthouse in downtown Portland.</p> — David Fry talks on the phone outside the federal courthouse in downtown Portland.

<p>Occupation supporters were well-stocked with hotdogs, buns, chips and charcoal outside the federal courthouse in downtown Portland.</p> — Occupation supporters were well-stocked with hotdogs, buns, chips and charcoal outside the federal courthouse in downtown Portland.

<p>David Zion Brugger speaks with other occupation supporters outside the federal courthouse in downtown Portland.</p> — David Zion Brugger speaks with other occupation supporters outside the federal courthouse in downtown Portland.

<p>From left, occupiers Neil Wampler, David Fry and Shawna Cox pose for a photo outside the federal courthouse in downtown Portland.</p> — From left, occupiers Neil Wampler, David Fry and Shawna Cox pose for a photo outside the federal courthouse in downtown Portland.