Reese family files motion to vacate felony convictions :: 09/10/2014

Defendants in the case of United States vs. Rick, Terri and Ryin Reese filed a joint motion Monday in the U.S. District Court for the District of New Mexico "to Vacate Felony Conviction, or in the alternative, Motion for Variance."

"According to the plain language of the statute, [it] carves out an exception to ... making the same act, when committed by a licensed dealer, a misdemeanor," the motion explains, citing a technicality in the way two different statute sections are written. "For these reasons, the Reeses respectfully submit their felony convictions should be vacated and they should be punished under the misdemeanor provisions of [U.S. Code]."

The move is a departure from prior legal strategies after a series of setbacks in a case that has embroiled the family for over three years. It also reveals that the family is now dependent on court-appointed counsel.

Arrested in 2011 for allegedly knowingly selling guns to cartel members while operating a New Mexico gun store, all Reese family members were found not guilty on the most serious charges of conspiracy. Additionally and significantly, money laundering charges against them were dismissed. Husband Rick, wife Terri and son Ryin were convicted on a handful of lesser charges of making false statements on forms, basically under the presumption that they should have known federal agents were lying, and son Remington was cleared of all charges.

While the District Court ruled the Reeses merited a new trial on the remaining charges following admissions of improper prosecution, the Tenth Circuit Court of Appeals overturned that decision in March despite acknowledging "that the government had indeed withheld favorable, material evidence from Defendants."

The case has been troubling for reasons outside of the relentless ordeal the Reeses have been forced to endure, as it has exposed the sanctioned injustices of asset forfeiture preventing Americans from being able to defend themselves in court.

• It's also illustrated how government evidence suppression and misconduct has been rewarded after he prosecutor who sanctioned such conduct was subsequently elevated to the federal bench.

The other reason it's troubling has been the scarce media coverage afforded the family, outside of this column, The Firearms Coalition, and the Tea Party Patriots of Luna County website, which has provided detailed investigative reports, family insights, and courtroom proceeding updates. That accounts in no small part from most gun owners still being unaware of the family's plight, and for the relatively small amount of interest, outrage and support that's been expressed.

UPDATE: See detailed report from TPPLC.

http://www.examiner.com/article/reese-family-files-motion-to-vacate-felony-convictions