Michelino Sunseris case has been controversial among outdoor enthusiasts. But newly released information reveals that its also been divisive among the government agencies involved in it.

　　The 32-year-old California endurance runner is being charged by the Department of the Interior (DOI) with ignoring posted signage to take a prohibited shortcut, after he cut a switchback during a fastest known time (FKT) attempt on Grand Teton. Sunseri is facing a 5-year ban from Grand Teton National Park (GTNP) and as much as a $5,000 fine.

　　However, on May 19, Frank Lands, deputy director of the NPS, sent an email to DOI lawyers stating, We believe that the previously offered punishment, a five-year ban and fine, is an overcriminalization based on the gravity of the offense. Therefore, we withdraw our support.

　　Sunseris two-way bench trial proceeded, nevertheless, on May 20 and 21, 2025. But his defense was not notified of NPSs decision. It was only revealed following a Freedom of Information Act (FOIA) request filed by Sunseris legal team in the days afterward.

　　Now, Sunseris lawyers are arguing that the fairness of the trial has been undermined.

　　Michelino Sunseri: An Example of Overcriminalization?

　　(Photo/Connor Burkesmith) The NPS decision to revoke its support follows an executive order signed by President Trump on May 9, targeting overcriminalization in federal regulations. The order aims to ensure no American is transformed into a criminal for violating a regulation they have no reason to know exists.

　　The email chain, which was shared with GearJunkie on June 6, raises questions about whether the prosecutors in Sunseris case met constitutional obligations to share information that could have been helpful for his defense. Sources close to the case also allege that it seems to reveal that the Justice Department is not complying with Trumps executive order.

　　In the emails obtained by Sunseris legal team, Damon Hagan, the advisor to the DOI solicitor, mentioned Trumps executive order twice. It was not directly cited as the reason that NPS revoked its support for the Sunseri case, but it was referenced as the subject of meetings directly prior to Deputy Director Lands email to the DOI notifying them of NPSs withdrawn support for the case.

　　In a motion filed on June 6, Sunseris defense said that the prosecutions failure to share information regarding NPSs decision undermin[ed] the fundamental fairness of Mr. Sunseris trial.

　　Cutting a Switchback? Or Using an Old Trail?

　　A side-by-side showing the FKT route for Grand Teton (on the left) and Sunseris Grand Teton route (on the right); (photo/FKT.com and Strava) Sunseri finished his FKT attempt on Grand Teton on September 2, 2024, sprinting from the trailhead to the summit and back in just2 hours, 50 minutes, and 50 seconds. He published his route publicly online, and fastestknowntime.com (the unofficial record keeper for FKTs) acknowledged that he had beaten the previous record by 3 minutes and 12 seconds.

　　However, 16 days later, his FKT was revoked when it was revealed that hed cut a switchback using an old climbers trail. This shortcut was allegedly frequented by tour guides and used by previous FKT holders during their attempts on Grand Teton.

　　When Sunseri used this route, he bypassed two small signs, one reading Closed for Restoration and the other reading Shortcutting Switchbacks Causes Erosion.

　　The signs at the bottom (left) and top (right) of the switchback where Michelino Sunseri departed from the trail on his Grand Teton FKT attempt; (photo/TKTK) It wasnt long before GTNP rangers officially charged Sunseri with violating 36 CFR 21(b). That code states that a park superintendent may restrict hiking or pedestrian use to a designated trail or walkway system.

　　Sunseris legal team said that despite the two signs, it was not clear that this trail was closed. Ed Bushnell, Sunseris defense attorney, argued further that there is a strict process for closing trails in national parks. It requires the park superintendent to make a written determination and notify the public using conspicuous signs, maps, even a newspaper publication, and printing/posting in the parks media.

　　During the trial, Bushnell said of the old climbers trail, “There is no clear prohibition there. This is not conspicuous signage.”

　　Undermining Fundamental Fairness

　　(Photo/Connor Burkesmith) The motion filed by Sunseris legal team argues that they should have been notified of NPSs decision to withdraw its support of Sunseris case prior to the trial. They cite the 1963 case Brady v. Maryland, in which the Supreme Court held that it is a criminal defendants due process right to see evidence material relevant to their guilt and/or punishment.

　　The prosecution had access to this email [from Lands] before trial, Sunseris legal team wrote in the motion, and yet, they decided not to disclose it to the defense, despite its clear relevance to DOJ authorization, defense strategy and witness impeachment.

　　Had they known about it prior to the trial, Sunseris legal team alleged they would have called additional witnesses, including NPS Public Affairs Officer Emily Davis.

　　The timing and content of the withheld communication raise serious constitutional questions, the motion reads, and go directly to the integrity of the prosecution and the fairness of the trial.

　　There is no estimate for when the judge in Sunseris case will release the verdict. GearJunkie will continue reporting on this story as it continues to develop.