As a Sept. 7 trial for Ammon Bundy and seven co-defendants approaches, the trial court judge Wednesday mapped out her plans for seating a jury, crafting jury instructions and scheduling the last pretrial motions to be heard in the case.

The court has summoned about 1,500 potential jurors and asked them to complete a questionnaire either online or in writing. Those questionnaires will be distributed to the attorneys and parties in the case for review. The defendants and prosecutors will have a chance to discharge a number of jurors for cause.

U.S. District Judge Anna J. Brown said she expects jury selection to last three days, starting Sept. 7, and opening statements by lawyers would tentatively begin the following week, on Tuesday, Sept. 13.

"I will conduct voir dire,'' the judge said. "All the questions will come from me.''

Ammon Bundy, his brother Ryan Bundy and co-defendants have pleaded not guilty to a federal indictment charging them with conspiring to impede the work of federal officers at the Malheur National Wildlife Refuge through intimidation, threats or force. The indictment stems from the 41-day armed takeover of the federal wildlife sanctuary outside of Burns in Harney County. Ten co-defendants have pleaded guilty to the conspiracy charge, and another eight are set for trial in February.

Brown granted the Bundys' motions to inspect records of the grand jury that returned the federal indictment against them, and the jury pool records, with any material kept sealed under a protective order.

Defense lawyers have until Aug. 10 to file any pretrial motions contesting evidence for the September trial. A pretrial conference will be held Aug. 22.

Defense lawyer Per C. Olson, who represents David Fry, told the court he expects to file motions seeking to limit government evidence of co-conspirators' statements, material regarding the "subjective fears'' of federal employees or people in Burns, alleged threats to law enforcement, or evidence regarding the "collateral impact''' of the occupation.

Defense lawyer Thomas Coan, representing defendant Peter Santilli, said he anticipates a motion to exclude government evidence involving the alleged removal of certain U.S. Bureau of Land Managment documents from the refuge, which were published on Santilli's online broadcast show.

According to prosecutors, Santilli posted on his show's website about 682 pages of stolen federal Bureau of Land Management paperwork relating to Harney County ranchers Dwight Hammond Jr. and son Steven Hammond, who were convicted of arson on federal land.

"This material was unlawfully removed from the refuge during the occupation from the office of an archeologist working at the refuge,'' Assistant U.S. Attorney Ethan Knight wrote in a trial brief. "Most of these materials were never released lawfully.''

Santilli's lawyer Coan said Wednesday, "We don't think that's relevant to the charge and is protected by the First Amendment.''

Further, Coan will argue that government evidence regarding Santilli's alleged heckling of counter protesters in Burns should not be presented at trial. Other than suggesting that Santilli is a "mild heckler'' who got into people's faces, it's irrelevant, Coan said.

The judge repeatedly urged lawyers in the case and parties to the case to observe court deadlines in filing their motions.

Defendant Shawna Cox, who is representing herself with a standby counsel, recently filed a motion to suppress a former U.S. Fish and Wildlife Service employee's photo identification of her as being among the women he saw cooking in the refuge kitchen, wearing a firearm on her waistband, during a visit to the refuge in early January.

Federal law enforcement gave the witness a "two-page packet of named suspects'' and their photos to review, Cox's standby counsel Tiffany Harris wrote in the motion. She described the government's procedure of having a witness identify someone as " impermissibly suggestive.'' A hearing will be held Aug. 19 on the motion.

Cox stood in court to note that she hasn't had time "to depose'' certain witnesses.

"There aren't depositions in federal court, ma'am,'' Brown told her. "So that's not an issue I'm concerned with.''

"Can I ask one more question?'' Cox requested, a short time later.

Cox said she'd like to confer with some of the co-defendants and their lawyers and hasn't been able to do so just yet.

"That's totally up to you,'' Brown told her.

Defendant Jason Patrick, who is out of custody and not set for trial until Feb. 14, said in court that pretrial services officers don't permit him to have the contact Cox is seeking. The judge urged them to discuss the issue with pretrial services officers, or seek a court order to enable that.

The judge also granted a motion by Kenneth Medenbach's standby lawyer, Matthew Schindler, to serve in a "hybrid counsel'' role with his client. That will allow Schindler to handle arguments on any pretrial legal matters, with Medenbach still able to direct trial strategy, according to his motion. In a separate unlawful camping trial Medenbach faced in federal court earlier this year in Eugene, Medenbach gave an opening statement and then all witness examination and exhibit handling was done by Schindler.

Assistant U.S. Attorney Craig Gabriel said the government was not for or against the hybrid counsel request, but did have concerns that the arrangement could allow Medenbach's lawyer to raise issues that aren't relevant in the case, or that have already been ruled on by the court. For example, Medenbach has challenged the judge's oath of office repeatedly in court and in written motions, and each time was shot down.

"I feel very confident delving into those areas is not going to be tolerated by the court,'' Schindler responded.

The judge cautioned Medenbach that if he disagreed with something Schindler does at trial, he can't blame him later through a post-conviction relief request.

At trial, the judge urged defense lawyers to figure out who will question which witness, and who is going to make opening statements. With regard to cross-examination of witnesses, Brown urged lawyers not to duplicate questions.

"I'm not free to let you wander into territory that's not relevant,'' Brown said. "You ought to start figuring out who's going to take the lead.''

She reiterated that the defendants representing themselves, and defense lawyers in the case can't permit something to be presented to jurors that she's ruled as inadmissible.

"When a court makes a ruling on a contested issue, that's it,'' Brown said. "Every lawyer has to observe it. Every self-represented person has to observe it, and I expect that's going to happen.''

With the guilty plea issued by co-defendant Joseph O'Shaughnessy early this week, his defense lawyer Amy Baggio is no longer involved in the trial preparation, Schindler lamented.

"Ms. Baggio was the person driving the bus,'' Schindler told the court.

"Don't tell me your bus has no driver,'' the judge replied.

"It definitely has no driver,'' Schindler said.

The judge urged the other defense lawyers to collaborate and "figure out how to get it done'' to be ready for trial.

Just before Wednesday's status hearing was adjourned, Ryan Bundy stood, and asked the judge for a clarification of remarks that U.S. District Judge Robert E. Jones had made in rejecting the Bundys' defense that they had tried to stake claim to the federal refuge through adverse possession.

Adverse possession refers to a method to gain title to property through the "open, hostile and continual claim" to it, and to the exclusion of its owner.

Jones had said the claim doesn't apply to federal government land, and was born from English common law during the reign of a king.

"Just for clarification'' Ryan Bundy said, "I would like to know who the king is?''

Brown told him she wasn't going to comment on another judge's statements.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian