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

Daily on Defense: Zelensky cites new phase of war, poll shows strong support for Ukraine, Truce ends in Gaza, Tuberville targets woke officers

Follow us on Twitter View this as website BY JAMIE MCINTYRE ADVERTISEMENT ZELENSKY: 'WE DID NOT ACHIEVE THE DESIRED RESULTS': I n a wide-ranging interview with the Associated Press, conducted Thursday in the war-ravaged northeastern Ukrainian town of Kharkiv, President Volodymyr Zelensky offered a sobering assessment of the shortcomings of Ukraine's summer counteroffensive against Russian forces, while remaining resolute about the need to keep fighting. "We wanted faster results. From that perspective, unfortunately, we did not achieve the desired results. And this is a fact," Zelensky said. "We are losing people, I'm not satisfied. We didn't get all the weapons we

Daily on Defense: Border deal DOA, Ukraine aid in peril, Blinken back in Mideast, retaliatory strikes in Iraq and Syria, McKenzie’s advice to Biden

Follow us on Twitter View this as website BY JAMIE MCINTYRE ADVERTISEMENT FROM 'CATCH AND RELEASE' TO 'DETAIN AND DEPORT': After months of hard-nosed negotiation behind closed doors in the Senate, the text of a compromise $118 billion national security supplemental budget bill, which includes major concessions from the Democrats on border security and desperately needed aid for Ukraine, was released last night. Senators now have two days to read and digest it before a Wednesday vote. Sen. James Lankford (R-OK), the lead GOP negotiator, said the bill contains all the most vital reforms Republicans have demanded and called it a "once-in-a-generation opportunity to close our open border." "The bill provides funding to build the wall, increase technology at the border, and add more detention beds, more agents, and more deportation flights. The border security bil

Horror: Watch a Mother describe how California stole her daughter, transitioned her, and caused her death

Ivanka Trump ordered dropped from New York case and the libs are furious ͏ ‌   ͏ ‌   ͏ ‌   ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ‌   ͏ ‌   ͏ ‌   ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   ͏ ‌   Horror: Watch a Mother describe how California stole her daughter, transitioned her, and caused her death Read Story Ivanka Trump ordered dropped from New York case and the libs are furious Read Story ADVERTISEMENT Writer gets whipped for complaining that new Indiana Jones flick doesn't discuss why Nazis are bad Read Story