Case 3:16-cr-00051-BR

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Tiffany A. Harris OSB 02318

Attorney at Law

333 SW Taylor St., Suite 300

Portland, Oregon 97204
Tel: (503) 782-4788
tiff@harrisdefense.com
Standby Counsel for Shawna Cox

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

3:16-CR-00051-BR-7
MOTION IN LIMINE TO
ADMIT VIDEO EVIDENCE

SHAWNA COX.
Defendant.

Pursuant to Rules 401 and 402 of the Federal Rules of Evidence, along with the Sixth and
Fourteenth Amendments to the United States Constitution, Defendant Shawna Cox moves the
Court in limine to admit two items of evidence:
(1) A 12 minute, twenty eight second video of Ms. Coxs encounter with Oregon State
Troopers and FBI agents south of Burns, en route to John Day, on January 26, 2016the day of
LaVoy Finicums shooting and Ms. Coxs arrest. Ms. Cox videotaped most of the initial traffic
stop and the events that occurred inside the truck, leading up to the occupants exit and arrest.
Ms. Cox videotaped these events using the video function of a digital camera that she brought
with her on the car ride to John Day, where she planned to use the camera to videotape a
community or town-hall style event. The task force investigating Mr. Finicums shooting
extracted this video footage from Ms. Coxs camera pursuant to a search warrant and then
USDC Oregon Case 3:16-CR-00051-BR
Motion in Limine to Admit Video Evidence

Case 3:16-cr-00051-BR

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released it to the public during a press conference held to announce the task forces findings.
(2) Three minutes and 21 seconds of video footage extracted from Ryan Bundys camera,
showing another angle of the first moments of the traffic stop, when Mr. Finicum is still parked
at his initial location, speaking with Oregon State Police.
Neither video exhibit shows Mr. Finicum being shot. Neither camera was positioned to
capture those images.
Despite the Courts preliminary rulings excluding certain evidence of the circumstances
of Mr. Finicums shooting and the investigation into apparent tampering with evidence and
misrepresentations by FBI agents to investigators, the video evidence now being offered by Ms.
Cox has been made relevant by witnesses testifying for the Government. Oregon State Trooper
Jeremiah Beckert testified that Ms. Cox and the other passengers did not comply with the
commands of arresting officers. When asked, So the occupants of the truckon the second
stopthey complied with your commands to get out, Beckert answered, Initially, no. But
eventually they did, yes. Beckert persisted in making the claim that Ms. Cox and the other rear
passengers in the truck were initially disobedient at the time of arrest. When asked,
Approximately how long would you say it was until they got out, Beckert responded, I dont
know the exact time. But it wasit was delayed. In attempting to counter the insinuation that
Ms. Cox and the other rear passengers were combative or defiant after the truck came to rest on a
snow bank, counsel for Ammon Bundy asked, There was no one in the truckpointing guns at
you, right? Trooper Beckert responded, These people in the truck-- the people in the truck
were were not visible to me. I Don't know what they were doing, inside the vehicle. They
could have had--I mean that would be-- use your imagination. The Court then cautioned
Beckert: Dont use your imagination, sir.
The Government then offered evidence, through Trooper Ron Brown, of firearms seized
from Mr. Finicums truck. In support of its proffer, the Government argued, generally, that the
presence of firearms in the truck was relevant to the conspiracy, adding, there were two other
USDC Oregon Case 3:16-CR-00051-BR
Motion in Limine to Admit Video Evidence

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co-conspirators in the truck, but the weapon that was found on the floorboard was found at Ryan
Bundy's feet.
Ms. Cox now seeks offer the videos and publish them to the jury so that defendants can
rightfully argue that any so called delay in complying with commands to exit the truck resulted
from fear, as non lethal rounds and OC cartridges shattered the trucks windows, as Ryan Bundy
was shot in the shoulder, as laser targets appeared in the passenger compartment, and as one or
more lethal rounds ricocheted off the truck. Further, the video helps to establish that no one in
the passenger compartment of the truck ever brandished or pointed any of the firearms, despite
their apparent fear and the hail of projectiles pounding the truck.
The defense agrees, for purposes of this proffer, that the aerial footage and other images
of the shooting, itself, are not relevant. What is important here, is the defenses ability to rebut
claims that the occupants of Mr. Finicums truck brandished weapons during the traffic stop or
delayed their exit from the passenger compartment for reasons other than a justified fear that
they too would be killed or gravely wounded in the snow.
Dated this 12th of October, 2016
Respectfully submitted,
/S/
Tiffany Harris
Tiffany A. Harris
Standby Counsel for Defendant Shawna Cox
Reviewed and approved by
/S/
Shawna Cox
Shawna Cox
Pro Se Defendant

USDC Oregon Case 3:16-CR-00051-BR

Motion in Limine to Admit Video Evidence