U.S. Supreme Court Rejects Appeal of Three Men Convicted for Illegal Occupation of Oregon Wildlife Refuge

The U.S. Supreme Court has rejected an appeal by three men to overturn their convictions for their illegal occupation of the Malheur National Wildlife Refuge in Oregon in 2016.

Duane Ehmer, Darryl Thorn, and Jake Ryan argued that their constitutional rights were violated during their trial.

Over 400 Potential Jurors Were Excluded

Their attorneys claimed that U.S. District Judge Anna Brown excluded over 400 potential jurors based on a written questionnaire without allowing input from the defendants. They also claimed that the defendants were unfairly denied a trial by jury for their misdemeanor charges.

In a petition in July, the defense pointed out that their clients had a right to a jury trial in terms of the Constitution guaranteeing those privileges for all criminal prosecutions, including misdemeanors.

The men were convicted following their illegal occupation of the wildlife refuge near Burns in Eastern Oregon. Thorn was found guilty of conspiracy to obstruct federal employees from performing their duties through threats, force, or intimidation. He was sentenced to 18 months.

Ehmer and Ryan were acquitted of conspiracy but found guilty of damaging government property after using an excavator to dig trenches on the refuge grounds. They received prison sentences of just over a year.

Lodging opposition to the appeal, federal prosecutors argued that the appellate court had already reviewed and rejected the claims. While the 9th U.S. Circuit Court of Appeals acknowledged that Judge Brown’s exclusion of prospective jurors without defense was improper, her actions nevertheless did not warrant overturning the convictions.

The court also upheld that a jury trial was not required for misdemeanor charges, citing historical legal precedent.

The Supreme Court rejected the petition in a single sentence, offering no further explanation.

The appeal initially included Jason Patrick who also participated in the illegal occupation of the wildlife refuge and was sentenced to nearly two years in prison. However, Patrick committed suicide in August.