United States District Court, D. Oregon
ORDER FOLLOWING FINAL PRETRIAL CONFERENCE
J. BROWN United States District Judge.
February 7 and 8, 2017, the Court conducted a Final Pretrial
Conference with the parties. The Court issues this order to
confirm the rulings at the Pretrial Conference:
OF ALTERNATE JURORS AND PEREMPTORY CHALLENGES
number of Defendants going to trial beginning February 14,
2017, is now four. As a result, the Court reconsidered with
the parties the number of alternate jurors to seat. Although
the Court previously planned to seat six alternate jurors
(see Jury Management Order (#1709) issued January 13, 2017,
at 8), based on the parties' agreement, the parties'
updated trial-time estimates, and the Court's own
assessment of need, the Court now intends to seat four
alternate jurors in addition to the 12 trial jurors.
Pretrial Conference the parties jointly recommended the Court
allocate 15 peremptory challenges to Defendants collectively
for the 12 trial jurors and 9 peremptory challenges for the
government for the 12 trial jurors. The parties also jointly
recommended each side (Defendants collectively and the
government) to be allocated two additional peremptory
challenges for alternate jurors.
Court finds the parties' joint recommendations to be
reasonable, and, in the exercise of its discretion pursuant
to Federal Rule of Criminal Procedure 24, allocates 15
peremptory challenges to Defendants collectively for trial
jurors and 9 peremptory challenges to the government for
trial jurors. In addition, the Court allocates two peremptory
challenges each to Defendants collectively and to the
government for alternate jurors.
MOTION (#1683) TO EXCLUDE EVIDENCE OF ARCHAEOLOGICAL
move to exclude evidence regarding the following subjects:
a) that particular areas of the Malheur National Wildlife
Refuge pMNWR") were archeologically significant sites;
b) that any of defendants actions threatened the integrity of
those sites; c} that the use of heavy equipment to move dirt
had some impact on the archeological value of any site; d)
that any artifacts were damaged as a result of the use of
heavy equipment; or e) that the government chose to conduct
an archeological exploration of the dirt moved by heavy
equipment, and the cost to the government of that choice.
Defs.' Mot. (#1683) at 1-2. The government, on the other
hand, responds that some such evidence is relevant to
demonstrating the value of the damage caused by the conduct
charged in the Depredation of Government Property
Pretrial Conference the parties represented they have reached
a stipulation that renders moot the government's need to
provide evidence of the value element of the Depredation of
Government Property counts, and, therefore, Defendants'
Motion is moot.
on this record the Court DENIES as moot Defendants'
Motion (#1683) to Exclude Evidence of Archaeological Damage.
The Court directs counsel for the government and for
Defendants Duane Leo Ehmer and Jake Ryan to file their
stipulations as to this issue no later than Noon, Monday,
February 13, 2017.
MOTION (#1776) IN LIMINE TO EXCLUDE EVIDENCE NOT ATTRIBUTED
TO A SPECIFIC ALLEGED CO-CONSPIRATOR
Pretrial Conference the Court considered with the parties
Defendants' Motion (#1776) in Limine to Exclude
Evidence Not Attributed to a Specific Alleged Co-Conspirator.
The general groups of evidence discussed at the Pretrial
Conference were (1) firearms found on the MNWR after the
occupation ended; (2) a safe, filing cabinet, and door that
the government alleges were damaged by co-conspirators; and
(3) photographs of the MNWR after the occupation that show a
general state of disarray. Although the Court agrees with the
government in general that evidence need not be attributable
to a specific co-conspirator to be admissible, the