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Fri Jul 15, 2016, 11:33 PM

Federal judge: Possible misconduct by FBI in LaVoy Finicum shooting irrelevant to defense in Oregon

The investigation into alleged misconduct by FBI Hostage Rescue Team officers at the scene of Robert "LaVoy" Finicum's shooting in Harney County isn't relevant to the defense in the federal conspiracy case pending against Ammon Bundy and co-defendants, a federal judge ruled Friday.

Prosecutors last month revealed that the federal investigation into an FBI agent's apparent firing of gunshots at Finicum on Jan. 26 and the alleged FBI tampering with evidence at the scene had gone to a grand jury for review. They objected to any sharing of the evidence with defense lawyers.

Defense lawyers urged the judge to compel the government to turn over the investigative records regarding the FBI's alleged misconduct. They argued that prosecutors must share any evidence that could benefit the defense, including any material that could damage the credibility of a prosecution witness. Federal prosecutors countered that they won't call law enforcement officers involved in the investigation as witnesses in the case.

"The Court emphasizes this criminal case concerns only Defendants' alleged conduct in relation to the events at the MNWR (Malheur National Wildlife Refuge) as set out in the Superseding Indictment,'' U.S. District Judge Anna J. Brown wrote in her order. "The very important questions whether the shooting of Lavoy Finicum was justified or whether FBI HRT officers engaged in misconduct at the time of that shooting are beyond the scope of this criminal case.''

Read more: http://www.oregonlive.com/oregon-standoff/2016/07/fed_judge_possible_misconduct.html

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