Matthew G. McHenry, OSB 04357

Levine & McHenry LLC

1001 S.W. Fifth Avenue, Suite 1414

Portland, Oregon 97204

503-546-3927

email: matthew@levinemchenry.com

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA, 

Plaintiff, 

vs.

SEAN ANDERSON, 

Defendant.

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No. 3:16-cr-00051-BR-12

SUPPLEMENTAL MEMORANDUM

IN SUPPORT OF MOTION FOR 

PRETRIAL RELEASE 

On April 28, 2016, Defendant Sean Anderson, through his attorney 

Matthew G. McHenry, filed a motion for release and supporting 

memorandum (Docket No. 489). This brief memorandum supplements that 

prior filing. 

MEMORANDUM

This supplemental memorandum references a letter received from Iva 

and Rich Henderson, members of the community in Riggins, Idaho, where 

Mr. Anderson resides. The letter, attached, provides further support for the 

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notion that Mr. Anderson is neither a flight risk nor a danger to his 

community if he is released.

The Hendersons speak highly of Mr. Anderson, noting that they met 

him and his wife Sandy about a year earlier, when the Andersons “opened a 

sporting goods store in our local community of Riggins, Idaho.” The 

Hendersons have found both Sean and Sandy Anderson “to be very caring 

and honest people of great integrity.” 

The Hendersons also speak to the peaceful nature of Mr. Anderson. 

She notes that according to the Andersons, the events at the Malheur refuge, 

at least before the death of Lavoy Finnicum, were “very friendly, peaceful 

and caring.” The Andersons “never saw or heard anyone threaten or 

intimidate anyone, in fact, people from the local area and all parts of the 

country were coming and going all the time.”

The Hendersons also spoke by phone to Mr. Anderson during his final 

days at the refuge, and they echo what Dr. Millkey discussed in his report. 

Mr. and Mrs. Anderson were feeling isolated and abandoned. They were 

truly afraid for their lives after hearing of Mr. Finnicum’s death. They 

reached out to their local sheriff, Doug Giddings, in Idaho, seeking 

assistance for a peaceful resolution. Their understanding was that though 

Giddings agreed to assist, his efforts were rebuffed by the FBI. This made 

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Mr. Anderson “even more afraid.” As Dr. Millkey notes, it is precisely this 

siege mentality that led to Mr. Anderson making videotaped statements 

about killing law enforcement officers. These statements must be 

considered in the context in which they were delivered, and not in isolation.

Regarding whether Mr. Anderson is a danger in his community, the 

Hendersons write “he is not a threat to anyone. No one here considers him a 

threat.” Regarding his risk of flight, the Hendersons write “He would not be 

a flight risk as he and Sandy have made this their home. Sandy has a full 

time job and we have enough work to keep Sean busy for several months. 

They are honest, hard working, law abiding people.”

The Court should release Mr. Anderson to the supervision of United 

States Pretrial Services, with the conditions set forth in the previously-filed 

memorandum.

Respectfully Submitted this 29th day of April, 2016:

/s/ Matthew G. McHenry

Matthew G. McHenry

Counsel for Sean Anderson

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Letter from Iva and Rich Henderson

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