Posts Tagged With: Montana Judicial
A MT Grandmother’s Fight For Her 10 Year Old Grandson Who Was Arrested And Placed On $500,000 Bond
Native American 10 Year Old Boy Was Handcuffed And Arrested In Montana
We have been following this tragic story of a Montana 10 year old boy who was arrested, handcuffed, and placed on a $500,000 bail who has then had to reside at the Youthful Offenders Correctional Facility in Galen, MT according to the Missoulian.
May 7th, 2013
Dorinda Buck, Nasewytewa’s grandmother, said she was shocked when Christopher announced the $500,000 bail, 10 times higher than what the county attorney’s office asked for.
“So shocked that I had to have my daughter come to the courthouse and lead me out and drive me home,” she wrote in a letter posted on her Facebook page, and emailed to media. “I couldn’t believe what I heard. He’s only 10 years old!”
A bail amount that high, she said, is usually reserved for adults accused of violent crimes.
Nasewytewa originally got in trouble as a 9-year-old, when he and another boy were accused of felony theft and burglary. Allen said that was resolved through a deferred prosecution agreement wherein the charges were dismissed without prejudice, so long as the boy met certain conditions.
“One of those conditions was that he obey the law,” Allen said, but Nasewytewa was recently cited for disorderly conduct for an alleged incident between the boy and a St. Ignatius school administrator.
When the misdemeanor charge was brought, he was re-charged with the theft and burglary. Since then, the boy has also been cited for assault for an alleged incident involving another student, but no charges have yet been brought in that case.
Buck said Monday she understands the concern about having the neuropsychological evaluation done.
“I agree he needs it,” she said in a telephone interview, “but the way to get it done is not to incarcerate a 10-year-old and take him from his family. To put such a high bail on him – he didn’t kill anybody, he didn’t put anyone in the hospital, there were no weapons involved. How could the justice system do this to a 10-year-old? He’s just a kid.”
***
Nasewytewa is being held at the Reintegrating Youthful Offenders Correctional Facility in Galen pending the evaluation.
“He’s losing steam,” said Buck, who indicated she had spoken to her grandson on the phone since he was transported to Galen after Thursday’s District Court hearing. “He said there’s nobody his own age in there. He feels lost – he’s just a little kid.”
Court documents indicate Nasewytewa was to be held until he could be seen for the evaluation at a Shodair Children’s Hospital, but his grandmother said there were no openings available before June 6. His caseworker has since found an opening at a Bozeman facility, but that’s not for another three weeks.
“They’re trying to get it expedited, find something sooner, but so far the earliest is May 22,” Buck said.
She would have gotten her grandson to an evaluation had bail been set at something the family could afford and taken him home, Buck said. She also thinks the court should have given more consideration to the family’s indication that it wanted to return the boy to Washington state to live with an aunt.
The Wa He Lut Indian School in Olympia was willing to enroll the boy and address his behavioral issues, Buck said, but there were indications during the court proceeding that Nasewytewa had lived with the aunt before, and that hadn’t worked out.
Isaiah is her son’s son, Buck said. His parents have separated and he has been living with her “off and on” for two years.
Although Buck said he is eligible to be enrolled in the San Carlos Apache Tribe of Arizona, where his mother is from, Nasewytewa is not an enrolled tribal member, the reason he fell under the jurisdiction of the District Court, according to his grandmother.
She said she wrote her letter and circulated it to the media and on social websites because “our family needs prayers and support to get Isaiah home.
May 8th,2013
Headline in news blog dedicated about Native American people and the world they live in “The Buffalo Post” click headline to read.
May 09, 2013 in the Missoulian:
Crying softly after a District Court hearing that lasted more than an hour Wednesday afternoon, a small, 10-year-old boy hugged his grandmother goodbye before being led away to be returned to a juvenile detention facility in Galen.
Judge Kim Christopher asked the officers in her courtroom to allow the contact after deciding to keep Isaiah Shane Nasewytewa’s bail set at $500,000 pending a neuropsychological evaluation.
The judge made clear she was keeping the unusually high bail amount only to ensure the evaluation – already scheduled and missed three times in the past 14 months – takes place.
Through The Eyes Of A Grandmother
Latest update from the Helena Independent Record
May 23, 2013
Ten-year-old Isaiah Shane Nasewytewa headed home to St. Ignatius with his grandmother Thursday afternoon, anxious to get his feet back on a skateboard.
The boy had one word to describe how he felt about going home – “good” – and one word to describe the last three weeks of his life, when he was held at a juvenile detention center in Galen and, later, a residential treatment center in Butte, initially on $500,000 bail.
“Horrible,” said the youngster, who was thrust into the spotlight when his family turned to social and traditional media to protest the unusually high bail set by District Court Judge Kim Christopher after Nasewytewa got in trouble at school.
Welcome Home Isaiah, Welcome Home!
An observation concerning the one statement out of that newspaper article,
“who was thrust into the spotlight when his family turned to social and traditional media to protest the unusually high bail set by District Court Judge Kim Christopher after Nasewytewa got in trouble at school.”
I give this grandma and the family kudos for standing up and doing what needed to be done. These injustices need to be brought to the attention of traditional media and if that does not work, social media, as it is growing larger each and every day! Citizens need to become educated on what is happening.
Does this 10 year old child have issues that need to be addressed? Yes. Did something need to be done? Yes. Did he need to be handcuffed and arrested and placed in jail with a $500,000 bond? Absolutely not! Not only did he already have mental health issues to contend with but now he will have Post Traumatic Stress Disorder to combat from this nightmare.
This family still has a lot to overcome and a lot of work to still do, but for now….Welcome Home Isaiah, Welcome Home. Enjoy just being a child.
Who’s Getting Rich off the Prison-Industrial Complex?
This is definitely worth a blog post and some thought people.....
By Ray Downs
You likely already know how overcrowded and abusive the US prison system is, and you probably are also aware that the US has more people in prison than even China or Russia. In this age of privatization, of course, it’s also not surprising that many of the…
Officials of Montana stated "they have to keep inmates in their private prisons and prisons, that's how they get paid" and "it's about business, it's dollars and cents." With that kind of mindset, do you think your officials really care about you and your family? Do you think they really care if you are innocent or not or if a citizen has received an unfair sentence or if they ever receive a fair parole? You are just a dollar sign that pays some good salaries, unless you have some money to get out of it or if you know someone in the good ole boys club. You know deep down inside what I'm saying is true. Sure there are those that need to be in prison and those that need to never get out. But on the whole, Montana...start looking at your incarceration rates and start researching your criminal system.
Barry A. Beach Back To Montana State Prison
Barry A. Beach Sent Back To Prison By Montana Supreme Court
Citizens in the state of Montana are reeling after hearing the news that the Montana Supreme Court ruled against allowing Barry A. Beach a new trial thus sending him back to prison to serve out a 100 year sentence after serving almost 3o years behind prison bars already.
Here is the Montana Supreme Court Ruling
The following are a few excerpts in a recent article to be seen here at the Billings Gazette
After 18 months of freedom, convicted murderer Barry Beach returned to Montana State Prison on Wednesday to finish serving a 100-year sentence after turning himself in at the Yellowstone County Sheriff’s Office.
“Beach’s conviction is valid,” said John Barnes, a spokesman for the Montana Attorney General’s Office. “Therefore, like every other person convicted of murder, Beach is required to serve his prison sentence.”
The dramatic turnaround in a case that has captivated many people across the state and nation began Tuesday afternoon when the Montana Supreme Court reversed a ruling by a judge in Lewistown that Beach deserved a new trial for the 1979 slaying of 17-year-old Kimberly Nees. “
Judge, E. Wayne Phillips, ruled in November 2011 that there was sufficient evidence presented by Beach at a hearing that he was wrongfully convicted. About two weeks later, on Dec. 7, 2011, Phillips released Beach from the prison in Deer Lodge, where he had served nearly 30 years of his sentence.
State prosecutors appealed the ruling, and in a 4-3 vote the state’s high court said there was not sufficient evidence to order a retrial.
As Beach, 51, ate breakfast at a Billings diner with supporters and Mayor Tom Hanel on Wednesday morning, prosecutors worked to secure an arrest warrant from a judge in Roosevelt County. During his last hours of freedom, Beach wore a T-shirt proclaiming “I didn’t do it.”
“It was hard enough to be innocent to begin with,” Beach told the Associated Press while at the diner. “But to be going back, still innocent, for a second time, is just unbelievable.”
Beach and Ziegler got together at the diner for breakfast at about 7 a.m., Ziegler said, and within a short time learned that a warrant was being sought for Beach’s arrest.
“It all happened very quickly,” Ziegler said. “They wanted him, and they wanted him now.”
Beach was told he was to turn himself in at the Sheriff’s Office at 11 a.m. Ziegler said he and his wife, Stella, walked with Beach the few blocks from the diner and arrived at the Sheriff’s Office a few minutes past 11 a.m.
“He wasn’t going to run from this,” Ziegler said. “He’s a very proud person and a man of honor.”
Barnes, of the Attorney General’s Office, said arrangements would be made to return Beach to Montana State Prison. The prison confirmed Wednesday evening that Beach was there.
Many of you have probably read the statement given by the Montana Attorney General regarding the decision of the Supreme Court, but what you have not read is the statement given by a member of the Nees family. In some articles only a sentence of this statement was printed. With her permission, it read as follows:
“I am saddened, sickened and outraged by the decision of the Supreme Court regarding my cousin, Kim Nees’ murder. Barry Beach, Centurion Ministries, Montanans for Justice, and several key witnesses HAVE proven Barry’s innocence. The State of Montana has done very little to prove his guilt and have nothing to go off of other than a false coerced confession. The State refuses to test the bloody palm print, foot prints and other physical evidence. I have stood behind Barry throughout the years and have had high hopes that the State would finally go after those who are responsible for killing Kim. It has been my opinion and that of many others that this is nothing more than a political cover up. This is a grave injustice not only to Barry and Kim but also the State of Montana. I will continue to support Barry and will never give up hope that those responsible are held accountable.”
Sincerely, Glena Nees Lockman
Montana citizens across the state and citizens across the nation are outraged over the blatant disregard for justice in Montana. Even the family of the victim stand behind this man and believe that he is innocent. Montana is becoming well known for its political cover ups and the many cases of abuse of power within the Judicial system and the Department of Corrections.
The case of Barry A. Beach has had the spotlight of national media. Dateline aired a whole series on the case of Barry A. Beach. If you would like to see this series you can watch it by clicking on the following link.
Dateline: Whispers In A Small Town
Barry has supporters from all over the nation and we have been reading many of the comments of outrage. There are literally hundreds but here are just a few.
- Words cannot describe how OUTRAGEOUS our supposed JUSTICE system really is when it comes to a case such as this. Hasn’t Barry and his family been through enough because of this Travesty? He not only deserves his freedom, he deserves JUSTICE when it comes to the people responsible. I want this case investigated for corruption. Why hasn’t this case been investigated and why hasn’t the real murderers been brought to justice? Let’s not forget one of the witnesses said she thought the police must have known what happened because a patrol car pulled up to the area, was parked for a time, then drove away right after the fighting had stopped. Sounds like someone inside is hiding the truth because they are protecting someone. I want to know how we can get to the truth! Leslie
- I am mailing my letter to Governor Bullock this morning…everyone write to him…if you can’t think of what to say just say..Pardon Barry Beach…write often…lets flood his office and maybe…just maybe he will have the guts to make us proud..I’m 71 and have never been ashamed of being a Montana native…I am now… what the Montana Supreme court did to Barry and to Judge Phillips needs to be corrected…Bullock can do that if he has the guts…. Nancy
- Can you post an address. I don’t live in MT but I will write Governor Bullock and I hope many others will also. Dale
- Barry A. Beach surrendered with class and dignity. He showed the kind of man he is. After meeting Barry at the Capitol during the 2013 legislative session and chatting with him many times, this does not surprise me that he would surrender in this fashion. He presented himself at all times in that manner. I am glad that I had the chance to meet him in person a few months ago. This is a shock to everyone. Melise
- Help Barry Beach Send letters–Send Faxes and/or Call!
Attention: Gov of Mt. STEVE BULLOCK Fax 406-444-5529 Phone 406-855-1330
Address P.O. Box 200801 Helena , MT 59620-0801
Message: Give Barry Amnesty NOW!!!
- Please call the governor’s office and leave a message for him to “Pardon Barry Beach“. The correct phone number is 1-855-318-1330 Spread the word!!
We are going to leave this article on that note. Please contact the Governor of Montana and help Barry Beach.
Montana Law – States Gays Are Felons
Representative Amanda Curtis D-Butte, MT aired a video of Day 73 of the Montana legislature. Her commentary is about SB107 which is basically decriminalizing that being gay is a felony in Montana. Right now as it stands on the law books, it is a felony of 10 years.
Representative Amanda Curtis D-Butte
Click below link to watch video.
Representative Amanda Curtis Discussing SB107 – Being Gay In Montana Is A Felony
The Vote Tabulation below is from Montana House Legislative
MONTANA HOUSE
63rd Legislative Session
2013 Regular Session
VOTE TABULATION
| DATE: April 08, 2013 | SEQ. NO: 1479 |
| TIME: 02:28 PM | BILL NO: SB 107 |
| Motions | SPONSOR: Facey, Tom |
Take from JUH-to 2nd rdn
| YEAS | NAYS | EXCUSED | ABSENT |
|---|---|---|---|
| 60 | 38 | 2 | 0 |
| Y Ankney, Duane | Y Fitzpatrick, Steve | N Lang, Mike | N Randall, Lee |
| N Ballance, Nancy | N Flynn, Kelly | N Laszloffy, Sarah | N Redfield, Alan |
| Y Bangerter, Liz | N Galt, Wylie | Y Lavin, Steve | N Regier, Keith |
| N Bennett, Gerald (Jerry) | Y Gibson, Steve | N Lenz, Dennis | Y Reichner, Scott |
| Y Bennett, Bryce | N Glimm, Carl | Y Lieser, Ed | Y Salomon, Daniel |
| N Berry, Tom | N Greef, Edward | Y Lynch, Ryan | Y Schreiner, Casey |
| N Blasdel, Mark | Y Gursky, Jenifer | Y MacDonald, Margaret (Margie) | Y Schwaderer, Nicholas |
| N Blyton, Joanne | E Hagan, Roger | Y McCarthy, Kelly | Y Shaw, Ray |
| Y Boland, Carlie | N Hagstrom, Dave | Y McChesney, Bill | N Smith, Cary |
| Y Brockie, Clarena | N Halvorson, David | Y McClafferty, Edith (Edie) | Y Smith, Bridget |
| N Brodehl, Randy | N Hansen, Kris | Y McNally, Mary | Y Squires, Carolyn |
| Y Calf Boss Ribs, Forrestina (Frosty) | N Harris, Bill | Y McNiven, Jonathan | Y Steenberg, Tom |
| Y Clark, Christy | Y Hertz, Greg | Y Mehlhoff, Robert (Bob) | Y Swanson, Kathy |
| Y Coffin, Douglas | Y Hill, Ellie Boldman | Y Miller, Mike | N Vance, Gordon |
| Y Connell, Pat | Y Hollandsworth, Roy | Y Moore, David (Doc) | N Wagoner, Kirk |
| Y Cook, Rob | Y Hollenbaugh, Galen | Y Neill, Reilly | N Warburton, Wendy |
| Y Court, Virginia | Y Hoven, Brian | Y Noonan, Pat | N Washburn, Ted |
| N Cuffe, Mike | N Howard, David | Y O’Hara, Jesse | Y Welborn, Jeffrey |
| Y Curtis, Amanda | Y Hunter, Chuck | N O’Neil, Jerry | N White, Kerry |
| N Doane, Alan | N Ingraham, Pat | N Osmundson, Ryan | Y Whitford, Lea |
| Y Dudik, Kimberly | Y Jacobson, Tom | Y Pease-Lopez, Carolyn | Y Williams, Kathleen |
| Y Eck, Jennifer | N Jones, Donald | Y Peppers, Rae | Y Wilmer, Franke |
| N Edmunds, Champ | N Kary, Doug | Y Pierson, Gordon | Y Wilson, Nancy |
| N Ehli, Ron | N Kerns, Krayton | Y Pomnichowski, JP | Y Woods, Tom |
| N Fiscus, Clayton | E Knudsen, Austin | Y Price, Jean | Y Zolnikov, Daniel |
I understand that those who do not want to change the law are standing on biblical principals according to what I gathered from Representative Curtis’s video. I do not believe that this law would come down to individual judgement on where each Representative feels or stands if this is morally wrong or right. Nowhere does it state in the bible, that we (society or of religious beliefs) are to convict anyone for being gay. Whether a person agrees or disagrees with the lifestyle should not be taken into consideration as to whether this should remain a felony. When two people are of consenting age and make a lifestyle choice it is really none of our business. The moral issue is between them and God, not them and society. I am considered a conservative Christian, but I do not promote that we consider it a criminal offense nor am I promoting the lifestyle. I am promoting that we make prisons for true criminals, and these are not criminals by any means.
Montana Incarceration Rates are high as it is. We have allowed the system to take control of the state, and this is just one more avenue if it literally came down to it where prisons for profit have one more venue to make money. Will your conscience allow that to happen? Please take this into consideration and please research the website on an ever growing problem that we have here in Montana already.
This was posted in the comment section, but we are going to move it up here to the article.
{This comment just in from Rick Tryon with “Politics Montana” KINX 102.7 FM/ Wednesday Mornings 10am}
“I urge all Cascade County Reps to either vote to overturn the law criminalizing consenting adult sex or cast the first stone.
Just tweeted this and want to expand a little. I’m a social libertarian and believe that whatever consenting adults do in the privacy of their own home is THEIR BUSINESS AND THEIRS ONLY. Criminalizing adult homosexuality is wrong, and it’s high time Montana struck it from the state statutes.
If you have a moral or religious objection to homosexuality that is your right, but keep it to the confines of your spiritual life and discussion and don’t try to impose it on anyone through legislation.
Homosexuality is no more or less a sin than adultery or pre-marital sex, neither of which are crimes as long as consenting adults are involved. Don’t confuse sin with crime O Ye generation of hypocrites! Jesus said if you look upon someone with lust in your heart then you have already committed adultery in your heart. That means that if adultery were a crime we’d all be in jail!
Vote yes on SB 107 Cascade County (and other) Reps. We’re watching, and if you claim to be a conservative and don’t vote TO END this government intrusion into private lives then you are HYPOCRITES.”
“Politics Montana with Rick Tryon” podcast featuring MT DOC & DOJ Reform Advocate Melise Jordan
Politics In Montana With Rick Tryon
“Politics Montana with Rick Tryon” podcast featuring MT DOC & DOJ reform advocate Melise Jordan is now available from our broadcast that was aired on March 20th, 2013. Melise Jordan, a writer, speaker and advocate for reforming the Montana justice system and the Montana Department of Corrections. Topics on the show, current legislation such as SJ 3 on parole board reform and SB 9 on creating a DOC advisory board. Other topics will include cronyism and nepotism within the DOC and other state departments and the cost and rate of incarceration in Montana.
- SJ3 – A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA REQUESTING A STUDY OF THE OPERATIONS OF THE MONTANA BOARD OF PARDONS AND PAROLE.
(SB9 has been tabled in second House Committee)
IPS – U.S. Prison Population Seeing “Unprecedented Increase” | Inter Press Service
IPS – U.S. Prison Population Seeing “Unprecedented Increase” | Inter Press Service.
- The research wing of the U.S. Congress is warning that three decades of “historically unprecedented” build-up in the number of prisoners incarcerated in the United States have led to a level of overcrowding that is now “taking a toll on the infrastructure” of the federal prison system.
Over the past 30 years, according to a new report by the Congressional Research Service (CRS), the federal prison population has jumped from 25,000 to 219,000 inmates, an increase of nearly 790 percent. Swollen by such figures, for years the United States has incarcerated far more people than any other country, today imprisoning some 716 people out of every 100,000. (Although CRS reports are not made public, a copy can be found here.)
“This is one of the major human rights problems within the United States, as many of the people caught up in the criminal justice system are low income, racial and ethnic minorities, often forgotten by society,” Maria McFarland, deputy director for the U.S. programme at Human Rights Watch, told IPS.
In recent years, as a consequence of the imposition of very harsh sentencing policies, McFarland’s office has seen new patterns emerging of juveniles and very elderly people being put in prison.
“Last year, some 95,000 juveniles under 18 years of age were put in prison, and that doesn’t count those in juvenile facilities,” she noted.
Radio Interview “Politics Montana With Rick Tryon”
Politics In Montana With Rick Tryon
Advocates Against Injustice In The Judicial Center Speaker will be on “Politics In Montana With Rick Tryon” this Wednesday March 20th, 2013. You can find Advocates Against Injustice On Our Facebook Page. Scroll down on the left side of the website and you will find it. Be sure to tune in!
Amazing Growth For Montana Website!
We Have Surpassed 50,000 Views! Thank you!
We surpassed 50,000 views and wanted to give a shout out to everyone that is following us and sharing the website! Thank you for helping us to get to this level so quickly. Let’s keep up the great work and continue to get the message to the public! Citizens need to stay informed!!
Prosecutors, Judges And Misconduct
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.
Now we go from prosecutors to judges.
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
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.
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