Good news concerning Recapture Canyon
It appears that the Utah State of Utah has decided to send a NOTICE OF INTENT to sue the federal government on the entire Recapture Canyon Road. The notice should have gone out on the 5th of August. The decision to file the NOI was based on a thorough review of maps, BLM records, and witness testimony. The information we received indicates that the state feels they have enough evidence to prevail in the case.
This is a significant break in what has been a frustrating case of prosecutorial misconduct including, false accusations, misuse of federal records, non disclosure of exculpatory documents, over-charging of the defendants, scurrilously inflated costs for damages to cultural resources, a Judge that has the appearance of bias based in his admission of a close friendship with the lead attorney for SUWA Stephen Block, and the release of erroneous information to the press for the purpose inflaming the passions against the accused. If the road is found to be a county road, granted under RS2477 then would mean that those charged in the Recapture Protest Ride didn’t commit the crime of trespass and therefore there could not be a conspiracy charge.