Prosecutors, Judges And Misconduct

Can Prosecutors Be Sued By People They Framed?

Can Prosecutors Be Sued By People They Framed?

Can prosecutors be sued by the people they frame? 

Do prosecutors have total immunity from lawsuits for anything they do, including framing someone for murder? That is the question the justices of the Supreme Court face Wednesday.

On one side of the case being argued are Iowa prosecutors who contend “there is no freestanding right not to be framed.” They are backed by the Obama administration, 28 states and every major prosecutors organization in the country.

On the other side are two black men — Terry Harrington and Curtis McGhee — men who served 25 years in prison before evidence long hidden in police files resulted in them being freed.

Listen to the story and continue reading at Can Prosecutors Be Sued By People They Framed  at the NPR website.

Prosecutorial Misconduct

Now we go from prosecutors to judges.

Selling America's Children

Selling America’s Children

A couple of rouge judges in Wilkes-Barre, in the Northeast part of the state, destroyed the lives of thousands of young people because the judges were on the take.

These “people” (in quotes because I really don’t know what they are) abused their power as judges.  I will not value them as people by using their names.

The PA Supreme Court vacated case after case because these guys set up a scam where the juvenile court system became the feeder system to a bunch of for-profit detention centers.

These judges rushed kids through the juvenile justice system for truly minor offenses, rewarding them with 3 months at these prison camps.  Many times the kids had no legal representation and were immediately whisked away to do their time.

Now that these clowns are caught, they are trying to weasel their way through the system.  It appears the legal system can’t truly handle their own.  Evidently a deal was cut to allow these guys on the street after doing about 7 years.

Judges Found Guilty

Judges Found Guilty

Continue reading at Huff Post Politics

If you do not think these sort of things happen, you are living in a very isolated world.  If you think this does not happen in Montana, you need to start reading. There is documentation and evidence all over Montana with this sort of stuff and it is time for it to come out and get the state on the right track again.

2012 In Review! Thank You, We Are Going To Make A Difference!

The stats helper monkeys prepared a 2012 annual report for this blog.

Here’s an excerpt:

4,329 films were submitted to the 2012 Cannes Film Festival. This blog had 42,000 views in 2012. If each view were a film, this blog would power 10 Film Festivals

Click here to see the complete report.


Shame, Shame Representative Mike Menahan

Rep. Mike Menahan

Representative Mike Menahan HD 82

I have been receiving so many complaints about Representative Mike Menahan,Vice Chairman of the Law and Justice, and his attitude towards the public that were at the Law and Justice Committee for public comment. They felt he belittled them and disrespected them from his attitude and derogatory  comments. He believes that all complaints or concerns that have been brought before the Committee are false by families and the public.  He stated that out in the open before everyone and they can be found on the public transcripts.  The families also were outraged beyond belief that the Parole Board Chairman stated upon testifying that he believed it was all…….. C R A P…yes, they said it was spelled out.  These families drive there from all over, some with health problems, financial burdens and sit there at these meetings all day, for two days, just to be heard.  Does Representative Menahan think that these families would go through all of this if it was false?  Is this how he has operated the whole time that he has been a county attorney?  Has he been more about just getting the conviction and not really seeking the truth?  Does he not believe in accountability?  That even those in office have to be accountable, not just the citizens?  Who does he think put him in office in the first place?   Every single person that attended the Law and Justice Committee Meeting said it was very apparent, very obvious of those that are for Prisons for Profit.   We all wonder what are they exactly getting out of this system?  Do they receive compensation, bonus, kickbacks, percentage, profit…..what?  But these meetings are about the public, not about power hungry state departments and cohorts that want to keep everything hush, hush so they can continue to do whatever they want.   They don’t want these families and individuals to make the whole committee and Montana aware of what is really going on within the system. 

One family member that was there representing not only her husband but the injustices and the ongoing treatment to inmates within the Montana system had a major concern about threats that they were receiving.  Senator Jim Shockley, the chairman of the Law and Justice Committee brought out her husbands sentencing documents.  She had a valid question that Senator Shockley wanted an answer too also.  Why was DOC and other staff threatening her and her husband Allen Whetstone, The Incarcerated Montana Fireman, already, that he would not get out when he was eligible for parole.  That no one gets out on their first try.  That the parole board would require it differently than what the judge sentenced.   Now Mr.Whetstone has not even gone before the board yet.  His wife took it upon herself to meet with Executive Director Fern Osler, Representative Ken Peterson had recommended she meet with her about this situation and to find out who is actually in control of a persons parole release.  DOC or the parole board.  So, with Senator Shockley already knowing what was stated in the sentencing documents,  Fern Osler knowing what the situation was as she and Mr.Whetstone’s wife went through everything during discussion, the other board members being present at the Law and Justice Committee having an idea also……Representative Mike Menahan took it upon himself to take the documents away from Senator Jim Shockley, the Chairman and read it himself.  We don’t know if he thought Senator Shockley did not know how to read a sentencing document or not. Although Senator Shockley has been a practicing attorney himself, much longer than Representative Mike Menahan.  Anyway,  Representative Menahan had to go above and beyond and read the rest of the documentation…stating what the conviction was about.  Then he stated very arrogantly “See there is always two sides to every story.”    Senator Shockley had to remind him that the Law and Justice was not discussing that issue.  They were discussing the issue of DOC or the Parole Board over-riding a judges sentence and him being threatened that he would have to take a class that the judge said needed to be taken on the outside and for Mr.Whetstone to pay for it himself.  

Hmmmm….we are all trying to understand where Representative Mike Menahan was coming from.  Everyone pretty well had a dumbfounded look on their face as Representative Menahan seemed to lose his self control on this issue, because it did not make sense otherwise.  Those documents first of all are public record.  The wife has allowed us to share the entire story on the internet that goes world wide.  She also handed the internal investigative documents to another organization that gave more information than what the public was entitled too or what the public is ever allowed to see, so they could sue for the rights to it. She has met with many organizations and has been very straight-forward about the case.  She met with the Executive Director Fern Osler.  Not sure if there is not too many people that she has not met with as of yet and she is still working on it.  She wants a national network to pick the case up.  The Innocence Project also has the documents.  Soon we want a third side of the story to come out. 

This is really kind of scary to hear families being alarmed and upset with how he looks down on the public.  He has been a county attorney in Lewis and Clark County, a Representative of HD 82 and now he is going to be a judge because there is no one else running against him.  It is very obvious that he does not want corruption exposed. He does not want accountability in the Justice system. He does not think they need to answer to anyone.  He believes that the prison system should have the right to over-ride a judge. (Wonder if he will feel that way when they start over-riding his sentences.  After all they don’t believe judges know what they are doing in the first place.)  Montana be very, very careful, because if any of you ever go before this judge, it might be when hell freezes over that you get true justice.  In my opinion after hearing all of this information that he stated himself,  he is going to be a hardcore judge that believes everyone is guilty before they even go to court.  May God have mercy on those future souls.  

Honor Student Diane Tran Gets A Clean Record.

Honor student Diane Tran gets a clean record.

Diane Tran is a 17-year-old who works two jobs to support herself and her siblings since her parents moved away — and she was thrown in jail for a night because she was exhausted and missed school. But after a few days and more than 100,000 signatures supporting her on a petition on started by Samuel.  Oh, the judge in Diane’s case dropped all charges against her.

  • This is what it is all about.  Standing up to injustice. We were a part in this effort.  For those of you that signed the petition for this young girl, we all thank you! 


No Prison Time For Former Butte Judge, Sentenced To Probation


By Alyx Sacks

POSTED: 1:25 pm MDT April 13, 2012


Leniency for corruption

BUTTE, Mont. — Former Butte city judge Steve Kambich received five-year probation Friday in his sentencing hearing in Butte federal court.

Kambich, 53, pleaded guilty to felony bribery taking more than $13,000 from defendants in at least 10 court cases he heard between 2008 and 2009.

Montana U.S. District Court Judge Dana Christensen sentenced Kambich to pay restitution of $5,000, serve 200 hours of community service, with no less than five hours a week, in addition to the five-year probation. Judge Christensen claims the sentence is “sufficient, but not greater than necessary.”

In court, Kambich’s attorney David Vicevich, explained to Judge Christensen that his client has taken full responsibility, has been publicly humiliated, and has lost both his jobs.

“Mr. Kambich is the ideal candidate for a probationary sentence because his offense is non-violent, he poses no risk to the community; he has accepted responsibility for his actions,” Vicevich said in court documents.“He already has suffered great punishment through the public humiliation and embarrassment caused by this offense and the loss of public office, his other employment, and his loss of judicial and law enforcement certification.”

Judge Christensen asked both Kambich and his attorney why Kambich accepted bribes.

Kambich offered no explanation and said he is seeking counseling both with a physiatrist and through his church to get a better understanding.

Kambich’s family as well as community members were present during the sentencing.

Kambich was facing a maximum sentence of 10 years imprisonment and a $250,000.00 fine.


Former Butte Montana city judge, Steven Kambich, convicted of bribery in federal court was sentenced this week to paying $5000 in restitution, far less than even the total of the bribes he accepted, and five years of probation.  He faced fines of $250,000, a prison sentence of up to 10 years and 3 years of supervised release.  Kambich offered guilty pleas in January for accepting bribes in excess of $13,000 in exchange for dismissing traffic tickets and other citations.  He was accused of a variety of other corrupt practices unbecoming of any human being let alone an elected official.

In a January 13, 2012 press release related to the case, U.S. Attorney Michael Cotter said:

“There are few positions in the law more powerful than that of a judge. Judges have the authority to change individual lives with their actions. Former Silver Bow County City Judge Steve Kambich pled guilty today in Federal Court to accepting bribes – usually in the form of cash or checks – for dismissing traffic and other misdemeanor tickets. The prosecution of Kambich sends a strong message that public corruption will not be tolerated and when detected it will be prosecuted.”

Chris Lindsey faces up to 25 consecutive life sentences for adhering to state medical marijuana laws.

Sounds more like a slap on the wrist to me, especially when the punishment is contrasted with sentences facing former medical marijuana caregiver Chris Lindsey.  Although he has not been accused of breaking any state laws, the Missoula attorney is facing federal mandatory sentences ranging from 690 years to 25 consecutive life sentences with an additional 85 years for good measure.

What ever happened to the guidelines contained within the infamous Ogden memo? In the memorandum, the Department of Justice said that it was committed to the “efficient and rational use” of its resources and that prosecuting patients and distributors who are in “clear and unambiguous compliance” with state laws did not meet that standard.

Lindsey may indeed have been in “clear and unambiguous compliance” with Montana’s medical marijuana laws, but we may never hear about that in court as evidence indicating adherence to state laws is inadmissible in prosecutions for violating federal laws.

Bribery by a corrupt judge warrants a more lenient sentence than those that medical cannabis providers receive? In what sort of world is the dismissal of charges in exchange for cash a lesser crime than advising a medical marijuana business of their rights and responsibilities under state law?  Even monsters like Charles Manson have parole opportunities periodically.  This isn’t the case in federal cases where inmates serve 85% of their sentences at minimum.

Life presents us with many injustices and often reforms are only possible after exhausting struggles.  Familiarize yourself with jury nullification at  Education is the answer.  Please share this story in any way possible-  via social media, telling everyone you know, writing a letter to the editor, however you see fit. A tyrannical federal government affects us all.  The oppressive muscle of the fed knows no bounds- now it is medical marijuana, but what is next?  Guns?  Healthcare?  Education?  Whether you use medical marijuana or not, please don’t be so naive as to believe that this doesn’t affect you.  I am haunted by this injustice.  Law enforcement is in theory a comforting sight.  Good people aren’t supposed to fear federal agents yet when I see anyone with a badge, I am faced with the reality that one day I could be in a similar position as Chris.  Although I am not a marijuana user nor am I a marijuana provider, simply discussing becoming one is a federal crime.  Most of us commit federal crimes every day without even realizing it.  Chris is your neighbor, your friend, your mentor, your brother, your father, your husband, he is me and he is you.

There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.”          –Charles de Montesquieu

Source and More Links:


BUTTE, Mont. (AP) — A Butte-Silver Bow County justice of the peace faces another 22 felony counts of fraudulently obtaining dangerous drugs.

The charges were filed against Bob Lee in District Court in Jefferson County on Monday, three days after a dozen felony charges for the same crime were filed against him in Anaconda.

Prosecutors say Lee obtained 35 methadone prescriptions from doctors in Anaconda, Whitehall and Butte in 2010 and filled them at separate pharmacies to conceal the amount of methadone he was using. Investigators also say a confidential informant told them the judge bought pharmaceutical narcotics from a suspected drug trafficker in Butte.

Lee, who is in his late 60s, is scheduled to appear in District Court in Anaconda on Feb. 8, though it remains unclear if both sets of charges will be combined into one case.

The Montana Standard reports neither Lee nor his attorney, Bill O’Leary, returned calls seeking comment Monday.

Lee received a one-year deferred sentence Friday after pleading no contest to misdemeanor negligent endangerment. Prosecutors said he drove to the courthouse under the influence of methadone on Nov. 13, 2010.

Read more:

Justice Robert Lee appears in Jefferson Co. Court Before Judge Loren Tucker



BILLINGS  — After a Lewistown judge slapped his female law clerk’s butt with a folder, the clerk first sued her boss. Now she wants his job.

Attorney Britt Long characterizes her election bid to replace Judge E. Wayne Phillips on the bench in Montana’s 10th Judicial District as a battle against an entrenched status quo that doesn’t want her to speak up.

To Read More:

I could go on and on showing you the documentation of more judges.  This is completely ridiculous. What I find more ridiculous is that I’ve sat in the courtroom and have listened to one of these judges use the same recommendation that was given but instead of any leniency he gave the maximum and then some.  Must be nice to be part of the Montana Judges Club.  Must be nice to be any part of the Montana Justice Department System.  They seem to have all the “Go Free Jail Cards” while the rest of us get sent to prison forever.    What do you think my fellow Montanans?  

Is Montana Cherry-Picking Inmates?

Arizona’s Private Prisons: A Bad Bargain

No Private Prison

Sasha Abramsky

April 4, 2012   |
In mid-February, the Arizona chapter of the American Friends Service Committee (AFSC) released a report on the impact of private prisons in the state. Private Prisons: the Public’s Problem concluded that Arizona overpaid for private prison services between 2008 and 2010 to the tune of
$10 million, and that the services it received were shoddy at best: malfunctioning alarm systems, fences with holes in them, staff who didn’t follow basic procedures and many other failings. All told, the state’s auditor general documented 157 serious security failings across five facilities that hold in-state prisoners. (There are three additional private prisons.) At least twenty-eight riots were also reported. (The report’s authors hesitated to give exact numbers on the latter, concluding that private prison administrators tried to hide evidence of riots from the public.)

Since 1987, Arizona’s Department of Corrections has been legislatively mandated to produce cost and quality reviews for its private prisons, in part to judge how they compare with state-run facilities. The data on costs were collected, but in recent years, it took a lawsuit by the AFSC for the Department of Corrections to release quality comparison data. Finally, in December it complied. The results were damning.

“The main purpose of a prison is to reduce crime,” said the AFSC’s report. “The only measurement available of how well a prison performs this function is its recidivism rates.” Yet, “none of the corporations operating in Arizona measure recidivism.” The report noted that at the private facilities there were higher staff turnover and lower staff qualifications, as well as more cases of violence than in state prisons.

One might think that, faced with evidence that the state isn’t getting enough bang for its buck, Arizona legislators would rethink their commitment to putting ever more prisoners into private facilities. Instead, in a move Orwellian even by the gutter standards of Arizona politics, they’ve simply tried to bar the state from collecting the evidence. On February 27 the legislature proposed a budget bill eliminating the requirement for a cost and quality review of private prison contracts. According to the AFSC, “The move would ensure that the public would have no way of knowing whether the state’s private prisons are saving money, rehabilitating prisoners, or ensuring public safety.”

Why have Arizona’s politicians taken this route? Part of the explanation may be that many of them have received large campaign contributions from private prison companies like GEO Group and Corrections Corporation of America. Although Democrats and Republicans have benefited, most of these influential dollars have gone to Republicans. These corporations have literally helped write legislation that is good for business (like SB 1070, the state’s notorious immigration bill, passed in 2010).

Since 1997 Arizona’s prison spending has increased from
$409 million per year to more than $1 billion today. Yet the state is still playing catch-up: it never has enough money to pay for its incarceration obligations. That’s because Arizona’s prison population continues to soar; it’s currently at nearly 40,000—and rising fast. In an attempt to manage this growing population, the Department of Corrections has moved since 1986 to privatize services. Its current five-year plan notes that “with over 600 current contracts the Department uses private contractors for many functions, including private prisons that house inmates in-state; correctional health services” and much more.

Private prisons profit only when they can cherry-pick the inmates—setting the conditions for those they’ll accept and rejecting violent or seriously ill inmates—and can make the state cover the hidden costs of running a prison, such as training drug-sniffing dogs and processing release paperwork.

To Read Complete Source:

Arizona Governor Brewer received campaign funds from CCA.   CCA and GEO contribute to campaign funds.  Our own Governor and Attorney General have received funds according to reports. This whole concept is bizarre.  But then again it is taking money from us so someone else profits from it…not us, not the community and definitely not the inmates.  They cherry-pick the inmates?   Montana, does this sound familiar?   Inmates in Montana that have either been set up or those that have committed legitimate crimes receive lengthy sentences and never see parole?  The cherry pickers are soaking up the gravy train.  Montana, it is time to stop that train!