LAS VEGAS -- More than three years after the 2014 Bundy standoff with federal officers near Bunkerville and after two trials in the case, testimony elicited in court Friday revealed for the first time that the FBI had one surveillance camera perched on a hill overlooking the Bundy Ranch.
A large TV screen set up in the federal officers' makeshift compound carried a live feed from the images, National Park Service ranger Mary Hinson testified.
Her testimony came during questioning by defendant Ryan Bundy in a pretrial hearing held in federal court in Nevada.
Bundy, who is representing himself, father Cliven Bundy, brother Ammon Bundy and co-defendant Ryan Payne, are accused of planning a "massive armed assault'' and conspiring to block federal officers from rounding up Bundy cattle unlawfully grazing on federal land in April 2014. The four have pleaded not guilty to federal conspiracy, weapons, threatening and extortion charges.
Opening statements are set for Tuesday.
Under questioning, Hinson said she did not know if the footage, which captured images from outside the Bundy home and a stage set up miles down the road, was recorded. She said the FBI operated the camera.
On Aug. 22, Ryan Bundy had filed a motion, asking the court to compel the government to provide discovery "regarding photographic and laser equipment used to surveil the Bundy home and American People who peacefully assembled'' between March 26, 2014, and April 12, 2014. He asked for the make and model of any such equipment used, as he had found nothing in discovery provided to the defense that referenced what he described as the "mysterious device'' overlooking the Bundy home.
"What was it picking up? I want to know,'' Ryan Bundy told a judge Friday. "The government's response was mocking me.''
Nevada Acting U.S. Attorney Steven Myhre had responded in writing on Sept. 5, calling the motion "little more than a fantastical fishing expedition for evidence'' and arguing that Ryan Bundy had failed to show how such information, even if it did exist, would be relevant to the case. The judge, at the time, denied the motion.
On Friday, based on the first confirmation that an FBI camera was perched on a hill outside the Bundy home, U.S. District Judge Gloria M. Navarro said she would allow the defense to file a new motion.
"We have to find out if a video of that live feed exists,'' said Cliven Bundy's lawyer, Bret O. Whipple.
Whipple had asked for the case to be dismissed or delayed at least 30 days because of the new information. He questioned why the government didn't share information about the surveillance camera since the standoff and through two previous trials. He argued that defendants shouldn't be penalized because the acknowledgement of a surveillance camera wasn't disclosed by prosecutors.
"It's just kind of outrageous,'' Whipple said. "How can you sit on this information for 31/2 years?''
Assistant U.S. Attorney Nadia Ahmed immediately objected. "This is implying government misconduct,'' Ahmed said.
Defense lawyers called four witnesses to testify during Friday's hearing. Most of the testimony revolved around defense concerns that government officials had shredded documents at the federal incident command center used during the standoff. But while questioning Hinson and others about potential shredding of notes, Ryan Bundy queried her about a camera, and she became the first federal official to confirm its presence. She estimated it was up for four days before someone destroyed it.
Ahmed objected to Ryan Bundy describing the camera as a "surveillance'' camera. During a cross-examination by the prosecutor, Hinson noted the camera was placed on public land and was also capturing the road where cattle had been collected and federal officers were stationed.
"Was it or not surveilling the Bundy home?'' Bundy asked Hinson.
"Yes, we could see it,'' Hinson answered.