Supreme Court rejects case over Malheur occupation

PORTLAND, ore. (KOIN) – The United States Supreme Court rejected the appeals of three men previously convicted after occupying Oregon’s Malheur National Wildlife Refuge in 2016.

In their petition to the country’s supreme court, the men – Duane Ehmer, Darryl Thorn and Jake Ryan – Tried to challenge the Oregon district court’s jury selection process.

These individuals had previously been convicted of felonies and misdemeanors related to the occupation; among them was Thorn, who was convicted of conspiring to obstruct federal employees and possessing a firearm on a federal facility. Ryan and Ehmer were convicted of damaging government property.

FULL COVERAGE: Malheur Acquisition

The Supreme Court’s Nov. 18 denial came after the appeals court rejected the plaintiff’s claims in December 2023 and denied a retrial in April 2024.

In their petition to the Supreme Court, the men sought to challenge the Oregon district court’s decision to excuse jurors and whether the Sixth Amendment’s guarantee of a jury trial “‘(I)n all criminal prosecutions’ includes the right to a trial involving “petty crimes.” jury trial in cases.

To facilitate jury selection in the first district court case, the parties agreed to pre-screen potential jurors through a written questionnaire, according to court documents.

The district court ruled that decisions regarding dismissal of jurors for delay or hardship must be made without input from either party. Additionally, the court ruled that the parties would have the opportunity to review the surveys and that any challenges to the surveys would be resolved at a pre-trial conference.

In their petition to the Supreme Court, the men argued that the district court ignored those decisions and that the jurors’ excuses violated their rights to a public hearing, assistance of counsel and due process.

Before the case moved to the high court, the appellate court rejected the plaintiff’s claim that his right to trial and right to be present had been violated, and later ruled that the jurors were properly excused.

An attorney representing Ryan declined to comment and attorneys representing the other plaintiffs could not immediately be reached. This story will be updated if we receive a response.

The case stems from a district court hearing of Malheur Wildlife Refuge protesters following a 41-day armed occupation in 2016. The occupation involved two Oregon farmers, 73-year-old Dwight Hammond and 46-year-old Steven Hammond, father and son.

As reported by Associated PressThe Hammonds said they lit fires on federal land in 2001 and 2006 to reduce the growth of invasive plants and protect their property from wildfires.

Both were convicted and sentenced to prison; Dwight Hammond was sentenced to three months and Steven Hammond to one year. A federal judge in Oregon ruled the sentences were too short and ordered each to serve about four years in prison; this led to the takeover of the national wildlife refuge. Protesters also demanded that the federal government cede 300 square miles of land to local control for farming, mining, logging and other uses.