Case 3:16-cr-00051-BR
Document 1882
Filed 02/12/17
Page 1 of 3
Jesse Merrithew, OSB No. 074564 Email: jesse@lmhlegal.com Levi Merrithew Horst PC 610 SW Alder Street, Suite 415 Portland, Oregon 97205 Telephone: (971) 229-1241 Facsimile: (971) 544-7092
UNITED STATES DISTRICT COURT DISTRICT OF OREGON
UNITED STATES OF AMERICA,
Case No.: 3:16-CR-00051-BR-26
Plaintiff, vs.
JASON PATRICK, DUANE LEO EHMER, DARRYL WILLIAM THORN, and JAKE RYAN,
DECLARATION OF JESSE MERRITHEW IN SUPPORT OF DEFENDANTS’ MOTION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM
Defendants.
The undersigned, Jesse Merrithew, CJA appointed counsel for the defendant herein, hereby swears and affirms under penalty of perjury that the following is true and correct: 1. I am an attorney licensed to practice in the State of Oregon and admitted to practice before this Court. 2. I was appointed counsel for defendant, Jake Ryan, in this prosecution, pursuant to the Criminal Justice Act, 18 U.S.C. 3006A by Order of the Honorable Anna J. Brown on March 18, 2016.
Page 1 – DECLARATION OF JESSE MERRITHEW IN SUPPORT OF DEFENDANTS’ MOTION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM
Case 3:16-cr-00051-BR
Document 1882
Filed 02/12/17
Page 2 of 3
3. I make this Declaration in support of the attached Motion for a Writ of Habeas Corpus Ad Testificandum – Peter Santilli. 4. The defendant is charged by Superseding Indictment dated March 8, 2016, with one count of Conspiracy to Impede Officers of the United States, one count of Possession of a Firearm within a Federal Facility, and one count of Depredation of Government Property. Defendant is also charged by Misdemeanor Information dated December 19, 2016, with one count of Trespassing and one count of Tampering with Vehicles and Equipment. 5. Of the 26 individuals originally charged, seven were acquitted after a jury trial on October 27, 2016, one (Peter Santilli) was dismissed from the case on the motion of the government, 14 have pled guilty, and four, including Mr. Ryan, remain set for a jury trial set to commence of February 14, 2017. 6. Peter Santilli is a journalist who reported on the protest at the Refuge from its inception, and has extensive personal knowledge of events relevant to these proceedings. He was close to Blaine Cooper throughout the events at issue. Defendants intend to call Mr. Santilli to impeach the testimony of Blaine Cooper, who the government recently disclosed will testify as a government witness. Mr. Cooper pled guilty to count one of the Superseding Indictment, Conspiring to Impede Officers of the United States, on July 7, 2016; he has not yet been sentenced. Both men are also facing charges in the District of Nevada for their roles in the Bunkerville incident, and are incarcerated in that district. 7. I have discussed calling Mr. Santilli as a witness with counsel of the other three defendants also set for trial on February 14. It is the unanimous judgment of all defense counsel that Peter Santilli is a critical rebuttal witness for the defendants in this case. 8. I have spoken with Chris Rasmussen who represents Mr. Santilli in the Nevada matter, Page 2 – DECLARATION OF JESSE MERRITHEW IN SUPPORT OF DEFENDANTS’ MOTION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM
LEVI MERRITHEW HORST PC 610 SW Alder Street, Ste 415 Portland, Oregon 97205
Case 3:16-cr-00051-BR
Document 1882
Filed 02/12/17
Page 3 of 3
United States v. Bundy, et. al, 2:16-cr-00046-GMN-PAL-5. He has indicated that neither he nor Mr. Santilli has an objection to his giving testimony in this case. He only requests that he be allowed to be present in the courtroom when Mr. Santilli testifies. 9. Mr. Santilli is presently in the custody of the U.S. Marshals by Court Order in that case. He is currently being held at the Nevada Southern Detention Center, 2190 E. Mesquite Ave., Pahrump NV, 89060. 10. The Court in the Nevada Case has set separate trials in that case for three groups of defendants. The first group is set to begin trial on February 6, 2017. Mr. Santilli is scheduled for trial in Nevada in the second group, which according to the Nevada Court’s order (Docket record # 1113) is set to begin 30 days after the conclusion of the first trial. It is anticipated that Mr. Santilli’s trial will begin no sooner than a date in April, 2017. 11. Defense counsel herein estimate that Mr. Santilli’s testimony in this case, including cross examination will take no more than a half court day and anticipate his testimony to be given early in March 2017. This should allow time for his transport to and from this district without interfering with his trial dates in Nevada.
DATED this 12th day of February, 2017 By: /s Jesse Merrithew Jesse Merrithew, OSB No. 074564 Attorney for Jake Ryan
Page 3 – DECLARATION OF JESSE MERRITHEW IN SUPPORT OF DEFENDANTS’ MOTION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM
LEVI MERRITHEW HORST PC 610 SW Alder Street, Ste 415 Portland, Oregon 97205