It has come down to the fact that there is pure blackmail going on within the Montana Department of Corrections. This is an excerpt of an email that was sent out from his wife to the Chief Public Defender and forwarded to many Montana Politicians, ACLU, Innocence Project, etc.
How can a prison go above what Judge Loren Tucker court ordered? Blair Hopkins, MSP and the Parole Board has said that Allen has to sign a paper for SOP2 within the prison which is not mandated, that would admit his guilt to this crime. If he did not sign it then his model inmate status would change as they would write that he has decided not to follow treatment. They will add points to his record and transfer him over to the high side. That he will not be paroled January 3rd, 2013 or at any point. He was only ordered by Judge Tucker to take SOP1 and CP&R which now they have not allowed him to take CP&R, they said now they are having the class with SOP2.This seems to be an ongoing trend and I would think that Kristina Neal would have known this. Everyone else does. Allen said he is not signing a document that says he is guilty of a crime that he did not do. The plea bargain was not even correct. That is not what Allen plea bargained too. I was there at all meetings and I have the court transcripts. Was the plea bargain typed in after Allen signed a document? Because that is not what the plea bargain that was agreed to or in the court transcripts. Although Kristina threatened us that we would not get a fair trial, it seems that this is not fair either. Blair Hopkins said he is only giving Allen until Monday to sign this document or not, Allen told him that he wanted to talk to me about it. Blair Hopkins said he did not care what I think. Allen told him, “Well, I do she is my wife and this not only affects me but affects her too, we live 2,000 miles away from here and she has health issues.” I do not know who is suppose to give him legal advice on this issue as this whole thing has been thrown up in the air. Isn’t this blackmail? How are we suppose to work on his exoneration if he has to sign this?
I worry for the safety of my own husband, not from other inmates but from the Montana system itself. They seem to think that they are above the Federal Law and answer to no one. How do you fight for someone when there is that attitude all around you?
- As to the statement of guilt it’s a classic ploy, to be eligible for a parole he will likely not get for many years he must admit guilt, there have been several Supreme Court cases that have stated such action or demand is a violation of several rights. That said he cannot enter or complete SOP 2 until he confesses (admits guilt) thus he is ineligible for parole and by DOC policy labeled non-compliant and assessed points that generally raise a prisoners custody level, this a move to the “High Side.”
- But here is the real kicker, to pass SOP 2 he will have to pass a polygraph and they will in most instances (based on interviews with SOP 2 participants) ask him about all or any crimes he may have committed and he will have to admit to all of them truthfully so since his is innocent he will never pass the polygraph as either he will lie when he admits guilt or it will show he is truthful and then he will be labeled as deceptive (socio or psychopath) that will then be transmitted to the Board who will then deny him as a danger to the community.
- In our study of parole data if the parole board told your husband that he would not be eligible for parole until he completes SOP 2 then they have in effect even if he was guilty and admitted everything he would not get a review for years.
- But the good news is there are several MT Supreme Court cases that deemed such action to violate the persons State and Federal Constitutional rights. So, in the meantime he is going to have to stand strong and request more time to confer with his attorney before signing anything.
- They can like all evil do what they want till someone stands up and opposes them. Edmund Burke said it best “All that is necessary for the triumph of evil is that good men do nothing.” That’s not to say evil will not put up a fight, it is standard procedure for the Parole Board to demand a confession a mea culpa from a prisoner prior to any action. If the prisoner refuses well back you go, for someone tagged as a sex offender SOP 2 is the tool, to pass or attend you must “confess” and not just one but several times during the process (interview data) and they make them write every gory detail out on paper. In reading your emails your husband is innocent and by that fact alone he cannot pass the program, he would have to make up stuff to complete the “assignments” and then pass a polygraph on the fiction. If he fails the polygraph he gets kicked out, if he states his innocence he does not get in.
- However here is the real problem in my opinion, how do you reign in the DOC, as has been shown, follow the law, no they don’t care, Court orders, Court cases, don’t care so if the Legislative and the Judicial have no power to stop them and they are part of the Administration then who or what holds them accountable. The Court has stated that such actions are wrong, but a Court order seems to change little, they simply do the minimum for that person and shove the next into the same hole.