The Incarcerated Montana Fireman

Many have asked what has happened with the Incarcerated Montana Fireman, Allen Whetstone.  With so many stories happening right now with Barry Beach being returned back to prison, the 10 year old boy that was arrested and given a $500,000 bond and many other stories flooding in, we have not had the chance to bring you up to date.  Yes, he has been brought up in the newspaper.  But, only in the way that they wanted it to be presented.  So, let’s break it down correctly.

Here is a petition that was requesting his parole as per the court judgement given by Judge Loren Tucker.   Allen Whetstone complied with everything within that court order.  This petition is still active.  Petition For Allen Whetstone

Let us first give you the version of the media, and I don’t blame the media.  They were only reporting what they heard and were being told.  The parole hearing was like a court hearing without any defense present and no one was allowed any form of rebuttal.   They are the court of law now, a parole board and county attorneys placing themselves higher than the Montana Judges.  This is why they had the legislature pass a law back in 1997 that they could have the power to do this and answer to no one.   They have disrespect for the judges of Montana, they have been caught in lies, issuing threats and terrorizing citizens like any other terrorist.

According to the Independent Record:

DEER LODGE — Allen Whetstone, in prison for the sexual assault of a client under his care at the Montana Developmental Center, was denied parole during a hearing Thursday.

During what was at times an emotionally charged proceeding, Whetstone denied ever touching the woman, who was in her 20s at the time of the assault but has the mental capacity of a 6- to 9-year-old. He said he only pleaded guilty to one count of sexual assault because he felt “backed into a corner” and was facing up to 100 years in prison. In exchange for his guilty plea, four counts involving two other developmentally disabled women at MDC were dropped.

“I can’t handle the pressure. I have learned to just give people what they want to hear because I feel it’s easier to do,” Whetstone said, trying to explain why he pleaded guilty and admitted to a friend and a co-worker that he sexually assaulted the client.

Whetstone twisted his clasped hands as he sat in a chair before the Montana Board of Parole and Pardons in a small conference room filled with his family members, supporters and those who wanted him to remain behind bars. He added that he was molested as a child by a hired hand at their ranch, which is why he says now he would never do that to anyone else.

“I kept it a secret. I didn’t want people to think I had done something to cause that to happen,” Whetstone said. “Being the victim of sexual molestation as a child, I know the impact of how it makes a person feel.”

Cody Danielson listened to Whetstone deny assaulting the woman with a look of disbelief on his face. Danielson is a criminal investigator for the Montana Department of Justice, and he painstakingly looked into the 2010 allegations. Earlier in the parole board hearing Danielson said they had “incontrovertible evidence” that Whetstone committed not just the one sexual assault but also at least two others, and he asked the board to keep Whetstone locked up as a public-safety measure.

Whetstone was employed at MDC on May 24, 2010, when he took the victim into an empty room and sexually assaulted her. He then gave her Skittles candy and warned her not to tell anyone. An employee saw her with the candy, and asked where she got it. The MDC client, identified in court papers as T.R., said Whetstone had given it to her in exchange for sex.

The state of Montana, which operates MDC, has paid a $350,000 settlement to the victim’s family and spent another $21,000 on an outside attorney.

“The victim’s statements about the sexual assault were clear, consistent and matched the evidence of the crime,” Danielson said. “Our investigation clearly showed that Mr. Whetstone had sexually assaulted one other victim on at least two occasions. Evidence also clearly showed Mr. Whetstone had been involved in the physical assault, attempted sexual assault and ‘grooming’ of another victim at MDC.”

He added that the DNA from semen found in the room where the assault occurred had a “one in 10 quintillion, 130 quadrillion — that is the number 1-0-1-3-0 with 15 zero’s after it” that the semen wasn’t Whetstone’s.

“ … I believe it is necessary to not forget who Mr. Whetstone sexually assaulted,” Danielson said. “As a law enforcement officer, I cannot conceive of a more vulnerable population than the mentally disabled.

“In my opinion, if you are willing to take advantage of this portion of society, you are a rare breed of predator … If rehabilitation is an option — and that’s completely up to Mr. Whetstone — he will have to take personal responsibility for the heinous crimes he has committed.”

Along with Danielson, Jefferson County Attorney Matt Johnson, and Sheriff Craig Doolittle urged the board to keep Whetstone locked up for the publics’ safety.

Photo Purchased – Allen Whetstone

Let me interrupt here and explain some things and then we will continue with the rest of the article.  (Little side note, everyone has commented on the smirk on the ladies face in the background of this photo.  Yes, she works for the parole board.  This is how they behave in hearings and in hearings in front of the legislators.)

“Cody Danielson listened to Whetstone deny assaulting the woman with a look of disbelief on his face. Danielson is a criminal investigator for the Montana Department of Justice, and he painstakingly looked into the 2010 allegations. Earlier in the parole board hearing Danielson said they had “incontrovertible evidence” that Whetstone committed not just the one sexual assault but also at least two others, and he asked the board to keep Whetstone locked up as a public-safety measure.”

The tons of documentation that we have shows that Cody Danielson did not “painstakingly” look into the 2010 allegations. It was all over the media how his department botched up the investigation and documentation was sued for by Disability Rights.  He outright lied stating they had “incontrovertible evidence” concerning any of these allegations.  They botched up the investigation, they tampered with evidence, the room was contaminated before they even arrived there…and according to the medical doctor’s statement, the rape they charged him with did not happen, the 29 year old woman was still a virgin.

Danielson went on the statements of two of her best friends who were also alleged victims in the trumped up charges. One is in there for murdering her sister and she had also went after Allen Whetstones girlfriend, who worked there at the time, by trying to stab her in the neck.  The other alleged victim had an obsession with the other Allen that had charges pressed against him also, that had worked there at the same time.  This other “so called victim” had such an obsession that she went to the bathroom in her pants and rubbed it all on the MDC staffers truck.  She was known to jump on male staff that worked there.  Danielson and the investigation stated that the “girls were parroting each other.”  The ladies did not even know which Allen they were talking about as there were three Allens.  This sounds like a joke or a bad comedy movie, but this is the truth of what happened.  This is your Montana Department of Justice at work.

It was stated from the very beginning that he did not give her any candy. This is another way they have twisted the story to suit their needs.  She had the candy and he did not make her turn it in, TR did not say that Whetstone gave it to her in exchange for sex.  He allowed her to keep what she already had before she saw him.  Staff gives them things all the time, it has been in the newspapers before on other staff members, including female staff.  Now the staff are stricter and parents are upset that their loved ones are not allowed anything like a soda or some candy.  So, it’s pretty much damned if you do and damned if you don’t.   If Danielson really did his job he would have found all this out, besides the fact that the other alleged victims were having sex with others and asking everyone for something.  The clients that live there have sex with one another, one of them being named Allen.

The Montana public defender Kristina Neal stated many times that they did not have one shred of evidence, they only had a confession that another staff worker coerced from Allen, this co-worker stating that they had evidence and a bunch of other nonsense.  Noting that this guy would not even allow his fingerprints to be taken and has bragged of physically abusing clients.  This was told to the public defender and nothing ever happened with that information although there were witnesses that heard the bragging.   So, either Cody Danielson and Matt Johnson are lying or Kristina Neal is lying.   But the evidence stacks against Cody Danielson and Matt Johnson.

Let’s read some more of the article.

Johnson said while they initially charged Whetstone in the other alleged assaults, his office agreed to a plea bargain because testifying would be difficult on the developmentally disabled women. He added that one of the charges involved exposing one of the women to a sexually transmitted disease.

Johnson also noted that they sought a 10-year prison term, but the sentence handed down in October 2011 was five years in prison and five suspended, meaning Whetstone has only served one year and four months. He’s completed one sex offender program, but Johnson said he believes Whetstone needs more help.

“He deserves that punishment and the victim demands that punishment,” Johnson said. “What we have to risk is that he may violate other victims and that needs to be considered by the board as a reason why to not let him out. There are other victims; they just have a difficult time speaking for themselves.”

Doolittle said the high-profile case has negatively impacted not just the victim, but also citizens of Boulder. He noted that a bill was introduced in the legislature calling for the closure of MDC, in part because of Whetstone’s actions, and said the former volunteer firefighter and search and rescue team member violated the trust of the community.

“I believe that the community is going to remember this and MDC and the woman he violated would remember this for a long time into the future, and that warrants him spending more time at Montana State Prison,” Doolittle said.

Let me interrupt again at this point.

They did not realize that Allen Whetstone had such a lengthy credible background back in 2010.  They thought they had a regular patsy that they could use and sweep all the other investigations concerning other staff members and victims under the rug.  They had to have a patsy quick, so they could get their millions of dollars of medicaid from federal funding. They have lost this funding almost six times. They had to show that they had their guy.  That next statement from Sheriff Dolittle is ludicrous.  Nothing was said from any of these departments before on Allen’s history until we brought it up.  Now they are trying to use it for their own gain, what a bunch of jokers

Let’s not forget, a dedicated Firefighter, served in the Navy, a member of the VA.  A member of Search and Rescue, CERT certified, Safety Trainer, certified Life Guard.  Passed both exams for Montana State Troopers.  Maintains a CDL License, Forklift Operators Permit. AFSCME Council 9 Local 917 Vice President 1 year, AFSCME Council 9 Local 971 Trustee 2 years.   Blue ribbon winner in both Handcrafted Furniture and Dancing Competitions. Involved in Rodeos, Singing, and a great father. Worked in the field for 20 years of Caregiving. Excellent work record and history, others have always spoke highly of him.

Sheriff Doolittle, Matt Johnson, if you did your homework, you would have known that Allen Whetstone and his wife were a part in helping with that bill for the closure of MDC.  His wife giving some of the investigation documents to Disability Rights, even testifying before the legislative committee herself to close it down.  Both Allen and his wife offering their services of their testimonies and access to ALL of the internal investigative documents.  You both know that this facility has had problems for well over two or more decades.  You know that you swept things under the rug…You KNOW it!  Allen Whetstone violated the trust of the community?  How about the system violating the trust of the Whetstones, their families, the community and the state of Montana?

Let’s get honest here, it is about a lot of jobs that ride on this institution and that’s okay.  What is not okay is to make a man like this your patsy and for you to continue to lie to justify what you did for the millions of dollars.   And if what Matt Johnson is stating is true, that “these women had a hard time talking for themselves so that is why they did not want to go to trial.”  Well, how in the hell did they get that “the alleged victim was consistent in her statements that matched the evidence of the crime.”  When the hospital doctor stated that there was no crime.  Did the staff at MDC or did DOJ coach the woman into saying what they wanted?  Because they are not making sense by their own admission!  They said the other two kept parroting each other.  Kristina Neal stated at the time that Matt Johnson did not want to go to court and it look like a circus.  Because he had no evidence…none!   He would have looked like an idiot, but because the system is the way that it is Allen was told he would not get a fair trial.

It was prosecutorial misconduct pure and simple and still is.  He used misconduct on calling Andy Larsen, and Chris Quiqley to change their recommendations on the PSI at the last minute.   We still want to know where they got this DNA because our records show that the “alleged victim” was not even in the room, there was no DNA of Allen Whetstone on her if he had even touched her sexually.  Not even a skin cell.  And if he had exposed himself there was not a hair to be found anywhere.   Yet, they found someone else’s DNA….we would like to know whose that is.   Besides that, this was not the plea bargain that was agreed to in court.  We have the court transcripts that shows what the plea bargain was and Matt Johnson has lied about that.  Just as they lied to Mr.Whetstone and his family about having to register as a sex offender, this is not even mandated by the law.  Again, they think they are above the law and above the judges.   I don’t know why Montana has any legislators or judges as the Montana Department of Justice and the Montana Parole Board does not think that either group have the brains to use what God has gifted them with.

Let’s continue and finish the article.

Yet Whetstone’s wife, who sat next to Jefferson County resident Sen. Terry Murphy during the hearing, continued to protest her husband’s innocence. She called his conviction and imprisonment a “miscarriage of justice” and said he has been a “model prisoner” who has a job and home waiting for him in her home state of Florida.

“Claims are in the process of being filed against both the prosecuting attorney and the public defender at this time for prosecutorial misconduct and for not telling the truth,” she wrote in a petition she gave to the parole board. “Allen Whetstone would serve the community better by being a productive tax paying citizen rather than to be a burden on the taxpayers.”

Parole board member John Ward recused himself from the proceedings based on a previous conversation with Jordan that he said was misinterpreted. The two remaining board members, Mike McKee and Sam Lemaich, told Whetstone that while he has taken one of three sex offender treatment programs offered at the prison, at a minimum he needs to participate in a second program to lessen the chance of recidivism.

McKee noted that the second-level sexual offender program takes four to 24 months, depending on the motivation and desire of the inmate, and he recommended Whetstone return before the board after completing it. Lemaich concurred, based upon the severity of the offense and Whetstone’s statements that he wasn’t guilty.

“This was an egregious crime and there are concerns to me at this point over your lack of culpability,” Lemaich said.

Florida is not only his wife’s home state but is Allen Whetstone’s home state also.  Parole Officer Andy Larsen and Public Defender Kristina Neal told Allen to get his permanent residency in Florida while he was there for almost half a year on bond.   If Allen Whetstone was such a monster, predator, groomer as they portrayed him to be, why in the world did they think he was safe enough to travel 2500 miles across country and live there for half a year.  If Allen was as bad as they portrayed, he could have ran, but he did not because it would be wrong and because he naively trusted the system. They knew he was the honorable type man to keep his word and would not break the law.  They never once got a confession from him, not verbally or written.  They got a second hand so called confession from a co-worker that had beaten others himself and bragged about it.  Did the system bargain with this co-worker to get Allen to admit under duress so he would not be charged with something?

Parole board member John Ward did threaten Allen Whetstone’s wife.  There was no misunderstanding.  There were others around that heard, she went back into the Law and Justice room crying, it would be on their video records and she told one of the staff, that works at the Capitol, who then proceeded to go out and confront John Ward.  He admitted that he did wrong.  The threat?  John Ward angrily stated that “if she did not quit testifying before the Law and Justice about the Montana Parole Board and the Montana Department of Corrections that she was only making it harder for her husband when he came before them for his hearing.”  After telling her to “shut up” several times.  He was so angry that he had to stand on the other side of the hall after Fern Osler, the Executive Director of the Montana Board of Pardons and Parole, had put her hand on his shoulder to get his attention to calm down.  Besides people standing around, if there are cameras in the Capitol, it would show this on surveillance.

Yes, they indeed made it hard on Allen Whetstone and his wife at the hearing.  Asking his wife many questions about her own life that had nothing to do with the hearing.  Questioning her about her advocacy work and the parole board.   Matt  Johnson stated that after the initial sentencing hearing that she was ranting afterwards.  Excuse me?  The whole family was upset and crying.  What kind of  person expects families and spouses not to be upset when they see an injustice done and know that’s the last time they are going to see their loved one in the free world for a very long time.   When even the staff at MDC apologize for what just happened in the courtroom.  Only a monster that preys on people to gain a political status or recognition would say what Matt Johnson stated at that parole hearing.  He should be held accountable for his misconduct.  John Ward committed “official misconduct”, that is a felony.  But what is the state of Montana doing about it?   These departments protect each other.  It is sickening.

Montana, stand up and be a voice.  Quit letting these officials keep getting away with these injustices.  You know deep down what we are saying is true, only those in the good ole boy club are protected and those that have money to buy their way out. Yes, there are inmates that need to be in prison and those that need to never be released. But you also have fellow Montanans that need your help!   They put Barry Beach back in prison without letting him have a trial.  They followed through on their threat to Allen Whetstone who was up for parole, who had completed what Judge Tucker ordered and was only wanting to be able to help work on his case.   A parole hearing that is worse than a court hearing.  They are the judge and the jury and you are not allowed to defend yourself at all.  They are now retaliating against Allen Whetstone and putting his life in jeopardy.

McKee noted that the second-level sexual offender program takes four to 24 months, depending on the motivation and desire of the inmate, and he recommended Whetstone return before the board after completing it. Lemaich concurred, based upon the severity of the offense and Whetstone’s statements that he wasn’t guilty.

“This was an egregious crime and there are concerns to me at this point over your lack of culpability,” Lemaich said.

Everyone has told Allen Whetstone not to admit to anything that he is not guilty of.  We were very proud of him, not letting them break him, because they tried every which way they could to break him. The whole hearing was a joke and you could tell it was staged from the beginning.  Everyone that was there on behalf of Whetstone said they could tell it.   Mr. Lemaich, it concerns us of the egregious crimes that are being committed within state departments and the lack of culpability from anyone that works within them.  This seems to be normal business and that is very scary and unacceptable.

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