Case On A Montana Firefighter - Excerpt Of Letter That Was Sent To The Innocence Project
They arrested him on rape charges with one alleged victim. Then they added two more charges of rape with two other alleged victims against him. It was at this time that I asked the public defender at the hearing where they added the trumped-up charges if we should get a private defense attorney or could she handle a case like this? She looked me in the eyes and said in no uncertain terms, “No, you do not need to hire someone else, I can handle this.” (I didn’t know that it was a public defender’s right to tell a defendant not to get an attorney. Why wouldn’t she have said by all means, since the MT public defenders office is well known for being case overloaded?) I have internal documents that show that there was no evidence. I have the DNA report that shows that the victim was not in the room and there was no evidence of the accusation of the crimes charged against Allen. The victim was taken to the hospital for a rape examination and the doctor proved upon examination that she could not have been raped vaginally or anally, upon his findings she is still 99.9% a virgin. There was no DNA of Allen of any kind on her. I have the medical records and internal documents of how evidence was tampered with, how millions of dollars was riding on Allen being convicted. They got a false confession from Allen as they threatened him that he would not get a fair trial in that county, (which he would not). They never offered us another venue for trial. We were told that he would be facing all the charges and would be looking at 40 years to life. There was no evidence of any kind on any crimes being committed but the hearsay of these ladies who are all friends. Even the investigative reports show the ladies were “parroting” each other and asking “which Allen?” There was another Allen with a very similar name under investigation also. I have internal documents that show all of this and they have threatened me if I were to use them. I made copies of everything after helping the public defender, by going through all the documentation and highlighting all the discrepancies with the help of Allen and his brother-in-law. I had asked her prior to the plea bargain what was the obstacle to overcome in a trial. She told us “His confession, that there is no evidence but because it was publicized so heavily in the media and the way they had it that he would not get a fair trial by jury.” I thought everyone had the right to a fair trial. Even in the Forensic Examiner Evaluation Services Documentation it states “Mr. Allen Whetstone first denied, but eventually admitted to having sexual contact.” That is after all the continual duress and pressure they were putting him through and lying saying they had something which as I stated the medical doctor proved that it was not true and was a lie.
They also told us that he could go to Florida with me, his wife, if he signed the plea bargain for “Inappropriate Touch By Hand.” (I have fibromyalgia and a tumor that I will be having surgery to remove). We were also told that it was mandatory for him to be labeled as a sex offender. While we were in Florida for 5 months the probation officer that did the PSI Report and the public defender told us that Allen should get his Florida residency. *Note: How many persons on bond that is considered such a danger as they made Allen to be in the media are able to travel across country and live there for 5 months? The officer was going to recommend a 10 year suspended sentence without probation. I was told to go ahead and get a returning airline ticket for Allen. I have e-mails between the public defender and I. I was there at the plea bargain and all the meetings as Allen has a major loss of hearing and the VA had scheduled to set him up for surgery to replace the ear drum upon returning to Florida.
There are other names of crimes and incidents that happened at this facility that they covered up once they got Allen to be the scapegoat. There are dramatized accusations from his ex-wife which should be a conflict of interest. To use testimony that would be tainted and whom also broke the law during this investigation. Allen is a non-confrontational, people pleasing person. He has a history under duress of going ahead and confessing to things that he did not do. He was beaten severely as a child and would rather just be quiet than to have a major confrontation or to confess than to have someone being so upset with him. He figures that it is better to get the beating over and be done with it. He has been diagnosed with PTSD by the VA. He started medication in August, 2011 for this as he has tremendous nightmares where he is crying for help. (I can tell you more of this at a later date as I am trying to keep this as brief as possible.) I would like to stress at the time that he was pressed into admitting or confessing anything of nature I was not present in his life. I met him after he was charged and we married months later as I could see the type of person that he is and not what they have tried to portray him to be. Plus everyone spoke very highly of him and I do mean everyone.
Upon returning to Montana for the sentencing hearing we met with the public defender on Friday October 14th, before the hearing on Monday October 17th, 2011. She shocked all of us as she said that Andy Larsen the probation officer handed her the PSI and changed his recommendation just the hour before. That DOJ was making calls and having them change their recommendations. There was no time whatsoever for our objections. I also showed her that a date was stamped for September 2011 on the documents, why didn’t she have them and let us know so we could act accordingly. *Note the probation officer knows both Allen and his ex-wife and I would think that would be a major conflict of interest for him to do the PSI report. This was brought to the public defenders attention and her response was that “Andy Larsen could have one of his other probation friends to do the report and have it worded in a different way but with the same result.” Mr. Quigley, LCSW who is the Certified Forensic Examiner/Criminal Justice Specialist who does the Forensic and Clinical Evaluation for the state told the public defender that they had called him at the last-minute also to change his recommendation. He told them that he would not change his recommendation. Even on the stand they tried to get him to change it, even the judge questioned his experience in such things. Mr. Quigley testified that “It would be unethical for me to change my recommendation and that I would no longer be credible in my field.” I had talked to him before the trial and he said that “You don’t have to sell me on Mr. Allen Whetstone at all.” He knew from the initial meeting that he did not fit the criteria. Even the prison that did his classification told me that Allen scored very low. Lower than what men do when they are classified for parole.
- A presentence investigation report, often called a “probation report,” is a report prepared to help the judge decide what sentence to give someone who has either pled guilty to a crime or been found guilty of a crime.The report is prepared by a probation department, which should be a neutral agency. It’s independent from both the prosecution and the defense. The report will include sections on the defendant’s personal and employment history and prior criminal history, as well as details of the offense. While the probation officer interviews the defendant, he often describes the details of the offense as set out in police reports received from the prosecutor. The report may also contain statements from victims. The report will often conclude with a sentencing recommendation.With the possible exception of the final sentencing recommendation, the report is given to the defendant before sentencing so he can object to anything in it if wants to.While presentence reports don’t determine a judge’s sentence, judges rely heavily on them. You and your lawyer should make sure you review the report thoroughly and voice your objections before going to the sentencing hearing.
- Allen is not inmate material. He was in the Navy. He is a member of the VA. He has been a dedicated Fire Fighter, Search and Rescue, CERT, Safety Trainer, Certified Life Guard, CDL Permit, Forklift Operators Permit, Dance Competition Winner, Singer, Blue Ribbons Winner in Handcrafted Furniture, Rodeos. Allen even took the Montana State Troopers exams and passed. He has a heart of helping people, not hurting them. He cannot stand to see other’s hurt because of the hurt that he has endured in his own past. He does not wish anyone to suffer that.
With all of that being said, I believe the public defender Kristina Neal had a bargain set with the county attorney from the very beginning. Allen was made to be the “poster child” for their 100 to 200 million per year based upon his conviction and for political gain. ( Internal Documents State That Millions Of Dollars Was At Stake) Allen plea bargained to “Inappropriate Touch By Hand” with a mandatory label of a registered sex offender and that he would have a suspended sentence with no probation. He would be flying back to Florida with me on October 26th. As we were told they would need 10 days to do the paperwork. Instead they gave him 10 years, sex offender label, and had to do three phases of sex offender classes. We were all in shock and traumatized at the harsh sentence. I promised Allen upon my life that this was not the end of it; I would get the scandal exposed and the truth told so he would hold onto some hope. (I had a bad feeling the next day and had to call the jail and was told that Allen was under suicidal watch. I asked “why did someone not call me”? As he had given a suicidal note to the officer. I was told that “it is not their policy to call unless they tried it”. I could not believe that they wait till after they have done it, by then it could well be too late! As we have seen in many of the cases that have committed suicide in the jail and prison system there in Montana! I told the officer “Please get a message to him that I need him and not to do anything”. I knew that would give him the strength to endure this nightmare.)
It was not until the newspaper came out that it quoted Jefferson county attorney Matt Johnson, saying “He had fashioned a plea bargain where Allen had pled to inappropriately touching her and rubbing her with his genitals. That he put together the sex offender label, as it was not mandatory for the crime. Also, that he believes that Allen did rape the other girls (women) but there is no evidence and they were not going to put them on trial. (Chief Prosecutor Brant Light told me in an email that Matt Johnson is allowed to say that as it is his “opinion”. Opinion? When everyone watching or reading the media thinks that what he is saying is the truth?) They made him to look like a serial rapist when there was not even one rape. Even the PSI report states that the recommendation was due to hearsay and the possibility that there could be more. Since when can you charge, convict and sentence someone based on hearsay alone? Especially when I have the investigative reports show that these ladies (women) were clearly not credible. Yet they are more credible than the credibility of my husband? They did not know that my husband had achieved all that he had in the community before this. My husband does not brag or credit himself. I am the one that brought that out. One of the main people who helped in his conviction came up to me after the hearing and apologized to me. He said that “He did not know about all of that in Allen’s background. All that he has accomplished and the PTSD and the history before where once when he was a child confessing to something that he did not do? ” Why the apology? Does that mean before they thought they could railroad him because they thought Allen was an easy target? As a child Allen’s house burnt down. The captain questioned his siblings and Allen. The captain concluded and believed that Allen started the fire and kept at him. Allen confessed that he did do it. The fire investigators are the ones that proved there was no way that Allen could have started it as it was due to an internal electrical problem. Because of that whole incident that is what caused Allen to become a fire fighter as an adult. His youngest son has followed in his footsteps and has become a fire fighter. Allen helped train his son in the firefighting field. The fire fighters look out for his son as Allen now cannot. They have told me that no matter what kind of fire or situation that they may be in they all knew they could count on Allen to have their backs. That is the kind of man Allen is. He would sacrifice his own life to save someone else’s. I have told him now that “He is worth saving also.” I just want to know who has Allen’s back?
(I have in my possession a copy of his original statement that he wrote that he was not guilty. After that is when he was pressured and coerced to confess. There was no other statements or recordings of him confessing. Again no evidence.)
This was quoted from Judge Loren Tucker in the Boulder Monitor on Dec.14th, 2011 from another case. “Tucker admitted confusion about the definition, and pointed out more than once that Jefferson County Attorney Matt Johnson seemed inconsistent in his references. It is no wonder Simac seemed confused about what was expected of him, said the judge.” He was inconsistent in that case, what about the other inconsistencies in his practice? Is he allowed to go against the law of how a PSI report is done? Is he allowed to make calls to those that are involved in the PSI and bribe them? Is he allowed to insinuate and slander the defendant in the media to get his own way? Is he allowed to have control of the media so that the media cannot do a retraction? Is the public defender and the county attorney allowed to conspire together how they want a case to go all for money? If all of this or just even one of these are true, then we live in a very unjust world and none of us are safe.
*At this time Allen has been in prison 4 months. Montana State Prison has given him no indication of when the SOP classes would even be started. He is anxious to start them as he will be up before the parole board this year with a release date of January 2013. Montana State Prison is giving every indication that they are not going to have him in and completed with the first phase of the program in time, thus he will not be eligible for parole. (While in the reception unit they yanked him off his VA medication cold turkey. He did have side effects and it is dangerous to stop cold turkey. He also was freezing due to not being allowed any warm clothes during the stay in reception unit. His teeth were chattering all the time. His stay was about 75 days in the reception unit.)
This letter was submitted by his wife who did not mention her name.
Incarcerated Montana State Prison
* Note: This case also had a defense attorney that would not return calls to him until his wife was able to start getting involved. This attorney did not investigate into the case nor did she listen to any explanations and was asked to check with Colorado for the records of Allen confessing to the Firefighter Chief as a child, she did not. There was an attitude of really not wanting to represent the case and the defense attorney that was standing in for Kristina Neal as she was on maternity leave had a disgusted look on her face during the interview. When Kristina got back and both of them were present during the interview the stand in attorney replied to the “what was the biggest obstacle to overcome” she said “the evidence” and Kristina quickly looked at her and shook her head, this being after Kristina had said “his confession”. Remember “his confession” was a testimony from another co-worker’s testimony not Allen’s. That was a “hearsay” testimony) There was no evidence and what she was referring to did not belong to Allen. What kind of games are being played here? It is felt that a plea bargain was made between the Public Defender (Kristina Neal) and the County Attorney (Matt Johnson) from the beginning. The sentence hearing seemed to have already been decided, they did not even need anyone to testify. Judge Tucker was not interested in hearing those that testified, he even cut the testimony short on Allen’s behalf. Although Matt Johnson was able to call his secretary to the stand to testify about the tone of a phone call from his witness. A phone call? It became glaringly obvious why there would be threats of not having a fair trial.