Skip to main content

Judge rejects prosecution motion to bar public from Reese hearing

EXAMINER.COM 2 Hours Ago
Judge rejects prosecution motion to bar public from Reese hearing
by David Codrea

A court order filed yesterday and obtained by Gun Rights Examiner in the case of U.S. vs. Reese has denied a motion by the prosecution to seal a hearing from the public. Defendants Rick and Terri Reese and son Ryin, New Mexico gun dealers jailed for allegedly knowingly selling guns to cartel members, and who have since had conspiracy and money laundering charges against them dismissed, have filed a motion for a new trial after being convicted of, as Jeff Knox of the Firearms Coalition described it, “the comparatively minor charge of lying on gun sales forms -- even though the lies they were convicted of were perpetrated by federal agents and the Reese's crimes were that they ‘should have known’ that the agents were lying.”

“To justify the closure of a courtroom over the objections of a defendant, ‘the party seeking to close [a public] hearing must advance an overriding interest that is likely to be prejudiced, the closure must be no broader than necessary to protect that interest, the trial court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure,’” Judge Robert C. Brack of the United States District Court for the District of New Mexico wrote in Friday’s order.

“The Government has not met its burden in light of the Government’s disclosure of the witness’s identity in open court,” Brack continued. “Further, the Court has been told for at least two years that the Government could not seal a hearing and could not agree to seal a hearing as a result of a policy adopted by the Attorney General.

“The position of the Government here runs contrary to this policy without an explanation,” the judge determined. “The Court is all the more disinclined to seal the hearing on this basis.

“Finally, the Court is skeptical of the Government’s representation that the investigation remains ongoing since the reports date back over a decade,” Brack concluded in an undisguised rebuke to the prosecution. “In that the Government has not made the required showing, the hearing will be open to the public,” he ordered.

The order also decided documents would remain sealed for the defendants’ motion to unseal the motion for a new trial.

Gun Rights Examiner readers following this case and the family’s ordeal know the family has had assets needed to mount an effective defense seized, and Rick and Ryin have been jailed since their arrest in August of 2011. Wife Terri made bail in late March of 2012 when she was released to a halfway house. Son Remington was acquitted of all charges.

Readers here have also learned about conflicting testimony against the family by an ATF agent, puzzling details with a potential Fast and Furious connection, and stunning developments pointing to the prosecution withholding evidence about a key witness while the father and son, already cleared on the most serious charges, were led into Judge Brack’s courtroom shackled like dangerous animals.

With evidence of improprieties mounting, the government’s attempt to keep the public from witnessing further proceedings, in violation of the Justice Department’s own policy, becomes understandable, particularly as much of the information shared with the public about this case has come to Gun Rights Examiner via sources close to the family and the case, and notably, through the ground-breaking courtroom reporting of the Tea Party Patriots of Luna County, more often than not sharing information the “Authorized Journalist” media will not. Even considering all the outrageous persecution the Reese family has already suffered, it’s not hard to imagine it being much worse if the prosecution got its wish to seal off proceedings from such public scrutiny, and it’s also not hard to extrapolate that if they could do that to these defendants, they could do that to any.

The hearing will take place on Monday at 8:30 a.m. in Judge Brack’s court room in Las Cruces. Supporters of the Reese family are urging interested members of the public to attend.

------------

If you're a regular Gun Rights Examiner reader and believe it provides news and perspectives you won't find in the mainstream media, please subscribe to this column and help spread the word by sharing links, promoting it on social media like Facebook (David Codrea) and Twitter (@dcodrea), and telling your like-minded friends about it. And for more commentary, be sure to visit "The War on Guns: Notes from the Resistance."

Comments

Popular posts from this blog

BANANA PANTS: Joy Reid Cranks the Crazy to Eleven Says Trump Will Shoot Americans to End Multiculturalism

Hypocrite in Chief, Sunny Hostin, Finds Out Her Ancestors Are Everything She Despises ͏ ‌   ͏ ‌   ͏ ‌   ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ‌   ͏ ‌   ͏ ‌   ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   BANANA PANTS: Joy Reid Cranks the Crazy to Eleven Says Trump Will Shoot Americans to End Multiculturalism ͏ ...

The Brew: Trump Wants Greenland and the Panama Canal for Christmas

Donald Trump wants the Panama Canal back and Greenland for Christmas. Meanwhile, we take a Christmas Eve peek at a treasured Icelandic tradition. View Online December 24, 2024 Trump Wants Greenland and the Panama Canal for Christmas Al Perrotta A joyful Christmas Eve to you! We have a lot to get to before scattering far and wide for Christmas Eve services, so let’s get pouring. Trump Threatens to Take Back Panama Canal, Renews Interest in Purchasing Greenland President-Elect Donald Trump is threatening to take back the Panama Canal, complaining about the exorbitant fees Panama is now charging American ships to pass through it. “Our Navy and commerce have been treated in a very unfair and injudicious way,” he said. The U.S. handed over control of the canal, built with enormous American blood and treasure, in 1999 for $1 under a 1977 treaty signed by President Jimmy Carter. Warned Trump, "If the principles both moral and legal of this magnanimous gesture of giv...

HotAir Daily Express 05/15/2019

Banks Get Green Light to Seize Bank Accounts Alyssa Milano reacts to passage of Alabama anti-abortion bill, "Not one uterus" 5/15/2019 11:01:18 AM  Karen Townsend 0 Comments Tuesday Alabama’s state Senate passed a bill that outlaws almost all abortion, with the only exception being to protect the life of the mother. It is the country’s strictest abortion bill. Alabama’s House of Representatives already More... All has been forgiven for Brian Williams at NBC 5/15/2019 10:31:41 AM  Jazz Shaw 0 Comments Is Brian Williams on his way back to the big chair he surrendered to Lester Holt on Nightly News? It’s starting to look that way. After his awkward departure from his anchor duties nearly four years ago, it looked as if his career was More... ...