Ammon Bundy took the witness stand Monday, calling the government's allegations "frivolously pretend charges'' but admitting under cross-examination that he moved into the Malheur National Wildlife Refuge for nearly a month and knew federal officers worked there.

He testified as his attorney Marcus Mumford asked a judge to release both Bundy and his older brother, Ryan Bundy, so they can prepare for their Sept. 7 trial.

A deputy U.S. marshal escorted Ammon Bundy, dressed in standard blue jail scrubs, as he shuffled to the stand, his ankles chained together but hands free.

The brothers have pleaded not guilty to conspiring to impede federal employees from doing their work at the refuge through intimidation, threats or force. They were arrested Jan. 26 and are among 26 defendants indicted in the alleged conspiracy stemming from the 41-day armed takeover of the wildlife sanctuary in Harney County.

Federal prosecutor Ethan Knight objected to the Bundys' release, arguing that no conditions could ensure they would return to court, considering the "defiant role they took in leading the occupation'' and their well-established stance that the federal government has no authority over public land.

Assistant U.S. Attorney Geoffrey Barrow revealed for the first time that prosecutors believe Ryan Bundy tried to escape from the Multnomah County Detention Center on April 8.

Sheriff's deputies found in his cell a 12- to 15-foot-long rope of torn sheets braided together and hidden under Ryan Bundy's mattress, as well as a chair; two strips of torn sheets; extra pillow cases and towels; an extra pair of boxers, shirts and pants; and extra containers filled with food from the jail commissary.

Deputies accuse Ryan Bundy of plotting a jailbreak, possessing contraband and misusing or abusing the jail commissary, though no formal charges were brought, Barrow said.

Ryan Bundy told jail deputies that he was a rancher trying to practice braiding rope, Barrow said.

The older Bundy disputed the deputies' account, saying the story is "simply self-serving speculation.'' He said the extra towels and sheets were "for comfort" and he later was given extra blankets.

"It's simply not true, your Honor,'' Ryan Bundy said.

After a three-hour hearing before a packed courtroom, U.S. District Judge Robert E. Jones said he would issue his ruling Tuesday morning. Lisa Bundy, Ammon Bundy's wife, and Angela Bundy, Ryan Bundy's wife, attended the hearing.

Mumford and the Bundy brothers argued that the occupation was an attempt to return the refuge to the people using what's called an "adverse possession" claim because they don't believe the federal government has constitutional control of it. Adverse possession is the occupation of land to which another person has title with the intention of possessing as one's own.

That's why they publicly took over the refuge, put new signs up, opened a post office address to receive mail and tried to put the refuge utility services in their name, Ammon Bundy testified.

He and Mumford argued that at no time did the Bundys receive any formal order from the FBI or other law enforcement to leave the refuge.

"No, never was told to leave,'' Ammon Bundy testified. "There never was a standoff. We were willing and open to communicate in every way.''

Federal prosecutors conceded that the FBI didn't formally order the occupiers to leave the refuge. However, Knight argued that it was abundantly clear that they didn't belong there and had no authority to stay on the property.

"This is not a rental property,'' Knight said. "It's clear Mr. Bundy knew he was not supposed to be here.''

Harney County Sheriff Dave Ward met with Ammon Bundy on Jan. 7 on a road outside the refuge to convey the message that the community wanted the occupiers to leave. Mumford played a video clip of the meeting, in which Ward offered an escort to help them "get out and get home and resolve this thing peacefully.'' Mumford pointed out that Ward made no demand.

"I'm here because the citizens of Harney County have asked you folks to leave,'' Ward told Ammon Bundy.

But Knight noted: "Despite the niceties, they stayed. They can say what they want. The reality is they do what they want.''

The FBI came to Burns but stayed largely in the background to try to de-escalate the situation, Knight said. FBI agents didn't come to the refuge with a demand "get out or else'' because they wanted the matter to end peacefully, the prosecutor said.

Mumford countered that other Harney County residents were asking Ammon Bundy and his supporters to stay at the refuge. He acknowledged that the Bundy brothers and others controlled entry to the refuge but were doing so in a peaceful protest to exercise their constitutional and statutory claims to the land. He argued that federal agents don't have any evidence of Ammon Bundy carrying a firearm on the refuge, which prosecutors acknowledged.

Prosecutors said a rifle registered to Ammon Bundy and legally purchased was seized by federal agents. They didn't say in court where the rifle was found. A court document said a firearm was seized from Ammon Bundy upon his arrest Jan. 26.

Even if he didn't carry a firearm himself at the refuge, FBI agents seized about 50 firearms, more than 6,000 rounds of live ammunition and more than 1,000 rounds of spent shell casings from the refuge after the occupation ended in mid-February, Knight said.

"There's no question in my mind this was an armed occupation under the leadership of these two defendants, among others,'' the judge said.

Jones negated their land claim, saying it's not possible to make such a claim against the federal government. "My ruling is there was no lawful adverse possession available to them,'' he said. "They may very well have thought they were within the law. They weren't.''

Ammon Bundy testified that he came to Oregon because he saw "neighbors in need,'' referring to Harney County ranchers Dwight Hammond Jr. and son Steven Hammond, who had to return to prison for federal arson convictions.

"We did have every intent to take adverse possession of the refuge ... and get the people to reclaim that land,'' he said.

Asked by Knight if he led the takeover, Ammon Bundy replied it was "more of a combined effort.''

Turning to Jones, Ammon Bundy said he wants the courts to rule on whether this land is constitutionally controlled by the federal government.

"We didn't think we'd have to be shot at, and even killed and put away for six months to make this argument,'' he said. He thought he and the others would maybe face a criminal trespass allegation, and he accused the government of using excessive force to bring the "frivolous" charges against him and co-defendants.

"We're bringing these legitimate issues to hand,'' Ammon Bundy continued. "We should not be tucked away in a dark cell while we try to answer these issues.''

Ryan Bundy, seated beside his standby counsel, read a written statement to the judge. He promised that if he's released, he'll return to court. With his wife looking on from the front row of the courtroom gallery along with several of his eight children, he said his six months in jail has "literally wrecked'' his life and business. He submitted about 20 letters of support from family and friends.

"I have never been a violent person, but I'm an active and involved citizen and believe in standing up for what I believe is wrong,'' he said. "I am not ashamed of what we have done and generally believe we have created no crime.'

"I'm excited to prove our innocence to the world and to this court,'' he said. "I will be here gladly for the trial. I will not engage in any new attempts of adverse possession. ... My wife and children need me.''

The judge asked if he left the refuge at all in January to visit his family, and Ryan Bundy said he didn't.

Earlier Monday, Jones allowed co-defendant Shawna Cox to represent herself and eased her pretrial release conditions, allowing for the elimination of GPS monitoring.

However, he warned Cox that if she shared at trial with jurors her "screwball views,'' "legal garbage'' and "horribly distorted view of the law and procedures'' that the court lacks jurisdiction in the case, she'd be held in contempt and put in jail.

At first, Cox said, "Your honor I can't abandon those,'' but then agreed to abide by his decision.

Jones made it clear on two occasions that the Hammonds were sent to prison based on mandatory minimum sentences adopted by Congress, "which most judges do not like.''

"If the court had its choice, the Hammonds would be given what we think was a more appropriate sentence,'' Jones said.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian