The Bundy group made lots of videos and pictures during the taking over of the Bird Sanctuary. I can only assume that the intent was to help make the case when it came to trial and to help others learn about their reasons for doing as they did. I went to the trial last week for a day and I did not see bias by the Judge. I saw witnesses, pictures and videos which to me showed an overwhelming case against the Bundy group. The actions during the takeover stopped work and disrupted normal town function with and by people with guns. Those people made statements that they would use them if anyone tries to make them leave. They blocked the entrances with Government vehicles which they did not have permission to use and used Government Vehicles without permission for their own use.
The case against the Bundy group appears strong against them but I am assuming that they have videos and pictures to make their case. The judge is doing a good job in sorting out some complex issues but allowing the testimony to move forward and taking care of issues when the jurors are not present.
What If You’re Viewed as the Red-Headed Step Child?
Have you ever watched the movie
Ever After starring Drew Barrymore? It depicts Barrymore in a Cinderella role, as the French maiden, Danielle de Barbarac, who is treated very poorly by her step-mother. But in real life, for most stepchildren, life is not a Cinderella story.
After spending a week observing the Oregon Standoff Trial, and burning the candle at both ends to make short video clip commentaries about developments in the trial, I’ve got to take a break and do some writing. There is something I’ve got to get off my chest. I’ve got to address the elephant in the room.
I’ve talked about foxes guarding the hen house in federal court generally. At this point all those analogies apply to the Oregon Standoff Trial.
When it comes to the contrast between how natural children are often treated by their parents versus step children, although there are clearly exceptions to that and every other rule, many people can relate to this analogy. Whether it has happened to them or not, they have often seen families and situations where there is a stark contrast between how the natural and step children are treated, with marked preferential treatment for a parent’s own natural children.
Let’s face it, Bundys are also viewed and treated as redheated stepchildren by their siblings — the vast majority of the American People. If there is a derogatory label or characterization that can be found, it has been used to describe them. They and their associates are viewed to be the “bad,” misbehaving problem children. I had one U.S Marshall at the Portland federal courthouse tell me just that — when problem children misbehave, you have to get out the belt to send a message to everyone else.
That’s why having judges who are able to act impartially is so critical to the fair and just operation of our judicial system. And as a general rule, many of them probably are. It isn’t easy. Judges are human beings. The have opinions. The have inherent natural biases. Sometimes they can set those aside. Sometimes they can’t.
At this point I’m just going to interject and say that Oregon Federal District Judge Anna Brown does not appear to be an exception to the general step-parent analogy – at least not in this case. Before going any further, however, I also want to say that I have come to like Judge Brown, as I have observed her over the course of a week, as she presides over the Oregon Standoff Trial.
I have come to the conclusion that she is a very competent and efficient jurist, fully capable of handling a complex case like this with multiple defendants and other challenges. But her preferences and biases are really starting to show.
I have a former law partner who is now a judge.
I have previously made reference to him, his observations,
and my most recent discussions with him, in several of my previous articles about the Oregon Standoff. Back when we worked together in the same law firm, when I was first a paralegal, then (following law school) an associate, and eventually a partner, I used to tell people that he was the best lawyer I had ever known –
as long as you were on his front burner. Based on my observations of this trial thus far, I’m going to offer a similar caveat about Judge Brown – as long as you are not viewed as a step child – possibly a bastard step child – she is probably a pretty darn good jurist.
But what if you happen to be viewed as that red-headed step child?
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