U.S. District Judge Anna J. Brown said Wednesday she will push to try the federal conspiracy case stemming from the armed takeover of the Malheur National Wildlife Refuge as soon as practically possible.
"My firm assertion is the case will be tried sooner than a year from now unless something makes that impossible,'' Brown said in court.
As the hearing began, every spot in the 14th floor courtroom was filled, with 10 defendants in the case and their lawyers seated in the jury box.
Ammon Bundy, the leader of the occupation, and co-defendant Ryan Payne sat between their lawyers at two defense tables. U.S. District Judge Robert E. Jones, who is assigned to a related case with nine co-defendants, sat in the witness stand. A ring of more defense lawyers sat around the edges of the courtroom, with federal marshals seated on each side of the jury box.
Ten of the original 16 people indicted in the alleged conspiracy appeared in court and entered not guilty pleas. Of those, Kenneth Medenbach said he wished to represent himself and was not ready to issue a plea yet, but the judge entered a not guilty plea on his behalf. Six others waived their right to appear at the arraignment.
After the judge explained their rights to a trial and their presumption of innocence, several of the defendants directly challenged her assertions.
"It's difficult to understand the presumption of innocence when I've spent the last month in a jail cell and led around in chains wherever I go,'' Payne said.
Brown said she understood his concerns, but noted that his detention was a separate matter.
Co-defendant Ryan Bundy, standing beside his lawyer in the jury box, grabbed hold of a wireless microphone that the lawyers were passing from one to another and told the court that he shared the same reservation. He is Ammon Bundy's older brother.
"We're being treated as we're guilty,'' he said. "So I don't understand the presumption of innocence.''
Co-defendant Jason Patrick, when asked if he understood his constitutional rights, replied, "I understand I have no rights at all. You're the federal government. You're going to do whatever you want.''
And David Fry, the last to surrender to federal officers on Feb. 11, joined in, "It's weird - innocent until proven guilty - shackled up.''
Twenty-five people have been indicted on a single federal conspiracy charge, accused of impeding the work of federal officers at the wildlife refuge through force, intimidation and threats. The takeover began Jan. 2 and lasted 41 days, partly to protest federal control of public land.
Federal prosecutors said they expect a grand jury to return two superseding indictments against all 25 defendants.
The first one is expected in mid-March to early April that will add all 25 defendants under one indictment. They are now charged under two separate indictments. The first superseding indictment may include some "modification'' to the charges, Assistant U.S. Attorney Ethan Knight said.
A second superseding indictment might be returned in 90 days, Knight told the court -- drawing a rebuke from the judge.
"Ninety days is simply beyond belief to me,'' Brown said. She urged the U.S. Attorney's Office to get the resources it needs to bring charges against the defendants sooner.
If the government plans to bring additional charges, Brown warned, "It had better do so promptly.''
"I do not intend to have this matter delayed in anyway,'' the judge said.
The FBI announced Tuesday that it had completed its examination of evidence at the refuge in Harney County. Firearms and dozens of electronics recovered from the site are being processed and hundreds of artifacts in culturally sensitive areas are being examined, Knight said.
The judge said that a tentative trial date had been set for April 29, although court papers indicated an April 19 date.
Defendants are seeking a speedy trial, but federal prosecutors have urged the court to designate the case as "complex,'' partly because the number of defendants and volume of discovery, and set a trial date sometime in 2017.
Brown did not set a new trial date, but said she would consider the matter at a status hearing on March 9.
The judge did note there was no debate on the difficulty in figuring out the seating arrangement for Wednesday's hearing -- "just the complexity of getting you all in one room for this conference.''
Brown also demanded to know when prosecutors would turn over discovery evidence to defense lawyers, who said they hadn't received any yet. Assistant U.S. Attorney Geoffrey Barrow said he'd share evidence with defense lawyers in 14 days, including 300 to 500 pages of FBI reports.
That isn't fast enough, the judge told him.
She ordered prosecutors to turn over some material to defense lawyers by March 4.
Brown said she appreciated the government's sensitivity in gathering the evidence in an organized fashion for defense lawyers, but their clients have already "been in custody four weeks. They need to get information.''
Defense lawyers have arranged to travel to the refuge Thursday to begin videotaping and photographing the site, escorted by federal officers. The judge declined a request by Ammon Bundy's lawyers to allow their client to be transported to the refuge as well so he could help pinpoint what may be significant.
When the judge dismissed his lawyer Lissa Casey's concerns about getting enough time to examine the evidence at the refuge, Ammon Bundy stood up beside Casey, only to be quickly admonished by Brown to "Sit down sir.'' And, he did.
Defense lawyers have from noon to 5 p.m. Thursday and from 9 a.m. to 5 p.m. Friday to take photos or videos at the refuge site.
The judge set a Feb. 29 date for defendant Pete Santilli, an independent broadcaster, to argue for a review of his continued detention. Medenbach stood briefly to read his "motion to dismiss for lack of jurisdiction,'' but the judge said he could do so at a later date.
Before the hearing, a family of Bundy supporters broke out in song in the staid hallway outside the courtroom. "When love shines in,'' "when tomorrow comes,'' and "you're my flashlight,'' were among the lyrics.
Mother Odalis Sharp said she drove with eight of her 10 children from Kansas to support the defendants in the case. She said they face injustice, and "God-fearing, land-loving people are standing for them.''
The Sharp family sat in the second row of the courtroom gallery. Odalis Sharp had her Bible open on her lap during the proceeding, with one of her younger daughters resting her head on her mother's lap at times.
The Sharp family of singers drove off after the federal court hearing in Portland in their blue van with the words, "Spirit Driven'' on the side. (Maxine Bernstein |The Oregonian) Ammon Bundy turned in his seat and blew them a kiss when they entered.
Victoria Sharp, 18, who was riding in Robert "LaVoy" Finicum's truck and was among those stopped by police Jan. 26 when the occupation leaders were arrested, also attended the hearing with her family. She gave a thumbs-up to Jason Patrick, who smiled from the jury box.
Finicum, a spokesman for the occupation, was shot and killed by police during the traffic stop when he drove away and then reached in his jacket for a gun, the FBI said.
Several defendants also waved to the Sharps from the jury box.
After court, the family sang on the steps outside the federal courthouse in downtown Portland. They then drove off in their blue van that read "Spirit Driven'' on the outside, with Finicum's cattle brand 'LVF' etched into a back window.
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian