Sandy Anderson

Sandy Anderson at the Malheur National Wildlife Refuge on Jan 6., 2016. ( Mark Graves, The Oregonian/OregonLive.com)

(Mark Graves)

Sandra Anderson, one of the last four people to surrender at the Malheur National Wildlife Refuge on the 41st day of the armed occupation, will be released from jail but can't have any contact with her co-defendant husband.

U.S. Magistrate Judge Janice M. Stewart agreed Friday with the government that Anderson engaged in a "very public defiance'' of federal law enforcement orders.

But the judge allowed Anderson's release, noting she has a steady place to live in Riggins, Idaho, has held a steady job and has no criminal history.

Anderson, 48, and her husband, Sean Anderson, 47, both of Riggins, were among the final holdhouts who remained at the Harney County refuge for another two weeks after the takeover leaders were arrested Jan. 26.

In a negotiated surrender brokered with the help of Nevada Assemblywoman Michele Fiore, the four turned themselves over to the FBI on Feb. 11.

Anderson has pleaded not guilty to a one-count indictment charging her with federal conspiracy to impede officers of the United States from doing their work at the wildlife sanctuary through intimidation, threats and force. The refuge is managed by the U.S. Fish & Wildlife Service. She's one of 25 indicted on the conspiracy charge.

Refuge evidence

Ammon Bundy and his co-defendants

for an "immediate stay'' on the federal government's examination of evidence at the Malheur National Wildlife Refuge.

They argue that the FBI's processing of evidence shouldn't be allowed to continue until defense lawyers' investigators can be present to videotape and watch the activity.

In a separate motion, Ammon Bundy's lawyers argued, "The problem in this unique case is that the Government will not know what evidence at the scene is specifically favorable to Mr. Bundy as opposed to another co-defendant.''

Federal prosecutors

in the federal investigation of the refuge site.

"Delay and the presence of third parties during the processing of the crime scene are both unprecedented and would undermine the integrity of the evidence,'' they wrote in a court filing.

"That delay would consequently delay the return of MNWR employees and other Fish and Wildlife or BLM officers to do the important work they are paid to do: maintain the Refuge for the benefit of both the wildlife which inhabit the Refuge and American taxpayers who wish to visit it in a lawful manner,'' prosecutors wrote in their response memo.

That matter is expected to be heard by the court next Wednesday.

Anderson's court-appointed lawyer, Tyl Bakker, said his client didn't know the Bundys, who led the refuge occupation. She also hadn't engaged in political protest in the past and had visited the refuge with her husband on four separate occasions before the final visit - no longer than two nights each time - to bring donations and other supplies to Ammon Bundy, his brother, Ryan, and other protesters, Bakker said.

He called Anderson a "relatively minor player'' who got "mixed up in these circumstances.''

Ammon Bundy has said he took over the refuge to protest the return to prison of Harney County ranchers Dwight Hammond Jr. and his son, Steve Hammond, and the federal control of public land.

On the night that Ammon Bundy and other leaders were arrested during a police stop on U.S. 395 north of Burns, the Andersons remained at the Malheur reserve and were asked by others still there to go to an outlying area where they had no cellphone or walkie talkie connections, Baker told the court.

He said Sandy Anderson wasn't aware of federal law enforcement orders to leave the property in the wake of the arrests. The next morning, she was surprised to find only herself, her husband and two other men there, Baker said.

"She was pretty shaken up and scared,'' he said.

Assistant U.S. Attorney Ethan Knight had argued for Anderson's detention, particularly because of the "prolonged nature'' of her time at the refuge.

Knight said there was some indication Anderson suffered from mental illness but didn't cite any specifics, other than noting her "absence of judgment.'' He pointed out that videos and photos from the refuge captured her with firearms and said three additional firearms and ammunition were found in the Andersons' vehicle after they had left the wildlife refuge.

Anderson lost a full-time job working at a Chevron gas station in Riggins because of her stay at the refuge, but her lawyer said he expected her to be able to get the job back when she returns.

"If you want to stay out of custody you have to follow each condition to the letter,'' the judge told Anderson.

Stewart asked Anderson if that was clear.

"I understand that,'' Anderson replied softly.

Anderson needs to maintain a full-time job, live in Riggins and not possess or carry any firearms. Her travel will be restricted to Idaho and Oregon for court appearances.

When the judge ordered Anderson not to have any contact with any of the co-defendants in the federal case, including her husband, Anderson gasped, covered her mouth with her hand and sobbed, looking down at the defense table.

She isn't allowed to write, phone or email her husband or have any physical contact with him, the judge said. Messages can be relayed only through her lawyer, Stewart said.

Fiore, who talked to the four refuge holdouts in a conversation broadcast online the night before they surrendered, attended Anderson's brief hearing. Fiore had traveled to Burns to help convince them to leave peacefully that morning.

Anderson is one of five people who have been released from custody pending trial. The others are Shawna Cox, Duane Ehmer, Joseph O'Shaughnessy and Geoffrey Stanek.

Detention hearings for David Fry and Jeff Wayne Banta -- who joined the Andersons as the last to occupy the refuge -- were rescheduled for late February and March. Sean Anderson's attorney asked to cancel his detention hearing set for Friday and hasn't yet reset it.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian