Posts Tagged With: Montana State Prison

Montana Parole Board Flex Their Muscles Denying Parole For The Incarcerated Montana Fireman, Allen Whetstone

Posted on May 22, 2013 by mejustice
The Incarcerated Montana Fireman

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.

Allen WhetstonePhoto 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.

Other Related Stories

The Incarcerated MT Fireman-Allen Whetstone

Allen Whetstone – Another Injustice

Allen Whetstone-Montana State Prison Setup

Allen Whetstone The Incarcerated Montana Fireman Threatened

Allen Whetstone More To The Story To Question

Allen Whetstone-MDOC And MBOPP

Montana Fireman Blogspot

Categories: Allen Whetstone, Montana BOPP | Tags: , , , , , , , , , , , | 2 Comments

Last Free Words From Barry Beach Before Surrendering

Posted on May 17, 2013 by mejustice
Barry Beach Speaks About His Experiences Along With The Montana Innocence Project.

Barry Beach Speaks About His Experiences Along With The Montana Innocence Project.

  • I just spent mothers day with my mom, we went to Bozeman, Reed Point, Columbus, and then home to dinner!!! It was so cool to spend the day with my mom all day long. Now Today I learned that the Montana supreme Court has ruled that it was against the law for Judge Phillips to release me. No wonder my trust is in God rather than man made laws! Rest assured that Jesus has my back, and will walk with me through the fire! Because all of you are praying for me!!! My deepest respect and love to you all, and thank you so so so much for the wonderful year of life I experienced! Now I must get back to fighting to prove my innocence!! I AM INNOCENT!
  • Everyone wants me to call or write, but I won’t be able to take anything in with me at all…so like before…you will have to write me at the following address:
  • Montana State Prison  Barry A. Beach  AO#21520, 700 Conley Lake Rd, Deer Lodge, MT 59722
  • I need prayers…I am not ready for this to happen to me again! I was innocent the first time, twice as innocent this time!!!    *His very last comment before going to surrender.*

According to an article A Soul-Wrenching Injustice from 102.9 Cat Country

A Montana judge says he fears he did a “soul-wrenching injustice” to a man he freed from prison after 27 years, only to see the man ordered back behind bars by a higher court. Retired state District Judge E. Wayne Phillips tells The Associated Press that his “error” in the case gave 51-year-old Barry Beach a 17-month taste of freedom. He freed Beach in 2011 and ordered a retrial in the 1979 killing of Beach’s teenage classmate on the Fort Peck Indian Reservation. The Montana Supreme Court this week reversed Phillips, sending Beach back to Montana State Prison for what could be the rest of his life.

An excerpt from the article in the GreatFalls Tribune

Before Wednesday, Beach had been free for more than a year, settling into a new life in Billings, with a house and a job, after more than 27 years in prison for the killing. The state Supreme Court’s reversal of the 2011 order put him back in prison for what will likely be the rest of his life barring some kind of intervention.

In his last hours of freedom, Beach ate breakfast at a Billings diner, where he gathered with a small group of friends, including the city’s mayor. Wearing a T-shirt that read “I didn’t do it,” he fielded calls from supporters and said he had received so many text messages that it was wearing out his phone battery.

“It was hard enough to be innocent to begin with,” Beach told The Associated Press. “But to be going back, still innocent, for the second time, is just unbelievable.”

Less than two hours later he surrendered himself to authorities and was returned to Montana State Prison in Deer Lodge, where authorities placed him in an intake unit that holds about 150 inmates.

By Thursday he already was going through the standard process for incoming inmates, including a series of medical and mental health checks and a review of his security status. He’ll stay in the intake unit until a bed opens up in the long-term cell blocks, said Department of Corrections spokesman Bob Anez.

In the Yahoo News there are almost 2,000 comments and that does not include comments on all of the articles in the Montana Newspapers, Twitter, Facebook and all other social media.

Montana Man In Custody After Release In 1979  Slaying

According to the Helena Independent Record this is the statement given from Governor Steve Bullock:

Montana Gov. Steve Bullock was attorney general when the state asked the Montana Supreme Court to reverse Phillips’ decision.

“I think the Supreme Court has now ruled, and we should respect that decision,” Bullock said Friday.

Governor Steve Bullock who was the Montana Attorney General wanted Barry Beach back in prison, of course he is going to say that we should respect the Supreme Courts decision.

In its decision, the Montana Supreme Court said Phillips didn’t balance new testimony in Beach’s favor with earlier evidence that pointed to his guilt.

There was no earlier evidence that pointed to his guilt. New testimony is just that, testimony that should be demanded to be heard.  An evidence hearing is suppose to be just that. A judge listens to the facts and then decides if a new trial is warranted. In this case four judges decided to do what a jury should do. When these judges took it upon themselves to dictate their views instead of what a jury should have done, they have put our country in a position that is against our constitutional rights.

Many people ask how can a person give a false confession.  Here is an in-depth explanation of this phenomenon from the Innocence Project.   Understand False Confessions

  • “Keith Morrison  from Dateline has stated that they are working on the story right now and will do what they can to help Barry!”

Here is more contact info for those of you that would like to help work on everything we can:
You can contact Jim McCloskey / Centurion Ministries here…
http://www.centurionministries.org/contact/general-contact.php

Send an email to Barry’s legal counsel:
findmontanatruth@live.com

The State Of Montana Office Of The Clerk Of The Supreme Court Docket-Barry A. Beach

Montana Supreme Court
Justice Building
215 N. Sanders
P.O. Box 203001
Helena, Montana 59620-3001
Phone: 406-444-5490

Office of  Governor Steve Bullock
PO Box 200801
Helena MT 59620-0801
Toll Free Number: 855-318-1330
406-444-3111, FAX 406-444-552

Make a stand for justice in the state of Montana for Barry Beach.  Make telephone calls, write letters, spread the word, educate others.   Most of all, honor Barry’s request and please pray for him. 

Categories: Barry A. Beach | Tags: , , , , , , , , , | 1 Comment

Barry A. Beach Back To Montana State Prison

Posted on May 16, 2013 by mejustice
Barry A. Beach Sent Back To Prison By The Montana Supreme Court

              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.

In a prepared statement, Montana Attorney General Tim Fox praised the efforts of prosecutors in his office.

“It was their job to defend a lawful conviction that is many years old, and they did it appropriately,” Fox said. “Their diligent efforts honor the memory of Kimberly Nees and hopefully bring about some sense of closure for her mother, Diane Nees.”

But according to the Nees family, their feelings on this decision is in major contrast to what Montana Attorney General Tim Fox had state.  Below is the statement from the Nees family to the press.

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.

Categories: Barry A. Beach | Tags: , , , , , , , , , | 9 Comments

Montana’s Prison Lust

Posted on November 29, 2012 by mejustice
Behind Montana Jail Fiasco: How Private Prison Developers Prey On Desperate Towns

Governor Brain Schweizter And Newly Governor Elect Steve Bullock Want More Inmates
Back In 2009 And Now 2013 Budget

This photo was used back in 2009 for an article on TPMMuckraker .  An excerpt from the article I found very interesting: 

With the unraveling of the deal for the shadowy American Private Police Force to take over and populate an empty jail in Hardin, Montana, it’s pretty clear that the small city got played by an ex-con and his (supposed) private security firm.

But an investigation by TPMmuckraker into how Hardin ended up with the 92,000 square foot facility in the first place suggests that, long before “low-level card shark” Michael Hilton ever came to town, Hardin officials had already been taken for a ride by a far more powerful set of players: a well-organized consortium of private companies headquartered around the country, which specializes in pitching speculative and risky prison projects to local governments desperate for jobs.

The projects have generated multi-million dollar profits for the companies involved, but often haven’t created the anticipated payoff for the communities, and have left a string of failed or failing prisons in their wake.

“They look for an impoverished town that’s desperate,” says Frank Smith of the Private Corrections Institute, a Florida-based group that opposes prison privatization. “They come in looking very impressive, saying, ‘We’ll make money rain from the skies.’ In fact, they don’t care whether it works or not.”

That last paragraph says it all.  Montana officials have been double faced about this.   Look at this article on Montana’s Incarceration Rates And The Salaries They Generate.    Here is an excerpt:

In 2006, Montana had the nation’s 17th lowest growth rate in the number of inmates under state jurisdiction and had the 4th highest increase in the number of offenders on parole, according to the Bureau of Justice Statistics. The state also had the 13th greatest increase in the number of offenders on probation.
Also, Montana’s incarceration rate for state and federal offenders continued to be significantly below the national average. The report said the rate in Montana was 374 per 100,000 residents, compared with 501 for the country. That means Montana’s rate was 25.4 percent less than the U.S. average. Only 21 states had a lower rate.
“This report shows the results of the state’s policies designed to put more emphasis on alternatives to prison,” said Mike Ferriter, Department of Corrections director. “Only 16 states have a lower growth in prison populations and that hasn’t happened by accident.  “Our goal is to do all we can to ensure only those who need to be in prison are in prison, as a matter of ensuring public safety,” he said.

Source:http://cor.mt.gov/content/news/NewsReleases/2007/BJSReport.pdf

That is what our state official Mike Ferriter, Director of Department of Corrections has stated.

Montana was 374 per 100,000 residents, compared with 501 for the country now Montana is 454 with a population of only 1 million for the whole state.   Excuse me?  

But according to the national studies this is what is stated.

HELENA – Montana will see the fastest prison population growth rate in the nation over the next five years unless it changes its current sentencing and prisoner release practices, a study released Wednesday predicted.

Nine of the top 10 states with the fastest projected inmate population growth rates are in the West.

The report, published by the Public Safety Performance Project of The Pew Charitable Trusts, predicted that Montana’s prison population to grow by 41 percent from 2006 to 2011.

So, who is telling the truth?  Our state officials or the national studies?  It sure isn’t our state officials telling us the truth.  They told us it was going to go down. Instead it grew immensely.  Montana has the highest incarceration rate of any state surrounding us, except for Idaho which has all privatized prisons for profit and still is only slightly higher than Montana.

On November 15th, Marnee Banks made this statement:

Today Governor Brian Schweitzer releases his budget for the next 2 years. Governor Elect Steve Bullock will likely be using it as a framework for his own budget.

Governor Brian Schweitzer’s Budget 

Get this….he wants to build another prison!  Governor Elect Steve Bullock will likely be using it as a framework for his own budget?

Montana’s women’s correctional system is projected to be at 101.1% of capacity and the men’s correctional system at 98.8% of capacity by the end of the 2013 biennium. In order
to accommodate projected offender populations, the Executive proposes a three-point
solution:

1. Montana State Prison (MSP): In order to accommodate additional inmate
population, enhance safety, and minimize risk to the public and staff, the Executive
proposes to construct a 640 bed facility within MSP. This will add 100 beds to the
current facility without need for additional utilities or FTE. The appropriation for this
facility is contained in the Long Range Building Program (HB5).
2. Montana Women’s Prison (MWP): To combat both infrastructure issues and local
zoning restrictions, the Executive proposes adding funding for an additional 15 beds
in the women’s pre-release system, alleviating overpopulation concerns.
3. Re-Entry Initiative: The Schweitzer Administration has reduced the percentage of
Montanan’s incarcerated in “high-cost, low–yield” correctional facilities (one of the
highest rates in the nation) by emphasizing effect, less-costly community
corrections programs. An investment of $1.1 million in the Re-Entry Initiative is
estimated to save the taxpayers $58 million over the next 8 years by reducing
reliance on secure facilities, enhancing treatment and counseling options for
offenders, and taking additional precautions all while making additional investments
in the pre-release programs across Montana.

Department of Corrections

  • Initiating the Department of Correction’s “Re-Entry Initiative”, saving taxpayers approximately $53 million over 8 years
  •  Constructing a new 640 bed facility at Montana State Prison to house projected population growth
  • (See: Statewide Issues: Incarceration)
  •  Annualizing and increasing appropriation for community corrections, including expanding women’s pre-release beds (15) to accommodate projected population growth
  • Annualizing and increasing appropriation for secure facilities
  • Restoring zero-based overtime for secure facilities
  • Providing a 2% provider rate increase

You know what this is? ….BS…..yep…Baloney Statistics.  They have been trying to tell us that the population was decreasing, instead it increased.  They said it was going to cost less, they give us some dummy figures that don’t add up nor does the plan work out.  They talk about their “Re-Entry Initiative” but they have a 94% recidivism rate.  They said they were going to have less inmates but now they want to build a new facility to house “projected” population growth.   They are no better than that “low-level card shark” with their only concern about making kickbacks off of their deals.   Just how many Montanan’s can you keep locking up with such a small population?

So, Montana are you proud to be known as the state with the highest rate of suicide?  Do you now want to be known as the state with such a high incarceration rate too?  I thought Montanans were proud of their land, their cowboys, their wildlife.  I didn’t know that Montana would stoop to such a level of wanting to just make money off of their lower income citizens.  You wonder why so many are hopeless?  These citizens know that officials will throw them under the bus to make a buck off of them.  Governor Schweizter would have done well owning a slave plantation.  I forgot his ever famous response…”Sorry folks, my hands are tied.”   Pure BS style.  Is this where SB, governor elect Steve Bullock will pick up the same proverbial line?  I sure hope not for the sake of all Montana.  Allow Montana to have some dignity and class.

Categories: Montana Politics | Tags: , , , , , | 1 Comment

America’s Growing Problem – A Jail Is Not A Place For The Mentally Ill

Posted on November 26, 2012 by mejustice

Photo: Rick Nease, MCT/Detroit Free Press

According to the Prisonmovements Weblog , an article by RICH STANEK,

Montana is not the only state that has a huge problem with the mentally ill.

The largest mental-health facilities in the United States are not hospitals — they are jails: in L.A. County, in Chicago’s Cook County, and on New York’s Rikers Island. Locally on any given day, the Hennepin County Medical Center Psychiatric Inpatient facility holds fewer mentally ill individuals than we hold in the Hennepin County jail, and quite frankly, many of these folks do not belong in our jail.

Over 35,000 inmates each year are booked into the Hennepin County jail. The Sheriff’s Office manages and operates the jail, and is responsible for the safe and secure custody of approximately 750 inmates each day as they await the resolution of their criminal charges by the court. We provide food and required medical care. We securely transport inmates to court appearances and to other facilities as determined by the courts. We estimate that as many as 25 percent to 30 percent of inmates suffer from mental illness.

The jail has medical and nursing staff who regularly check on inmates and provide prescribed medications and mental-health screenings. The Sheriff’s Office created a mental-health unit to allow for appropriate identification and placement of inmates with mental illness. Sheriff’s Office personnel receive extensive training on custody and safety issues for mentally ill inmates. The program has won a national award for its innovative and humane approach.

Even so, we know that a jail is not the right place to house the mentally ill for extended periods of time. In particular, I am concerned about criminal defendants with persistent and severe mental illness who have been determined by the court to be incompetent to stand trial, and those who have been civilly committed for up to six months at a time (because they are mentally ill and a danger to themselves or others). These inmates have been evaluated by licensed psychologists and have been ordered to the care and custody of the Minnesota State Department of Human Services (DHS). Yet, the Sheriff’s Office often is unable to make transfers, because there is a shortage of space at a suitable treatment facility. As a result, many of the mentally ill inmates stay in our jail for weeks and even months awaiting transfer and placement.

As an example, “T,” a 28-year-old male, was arrested by Richfield police and charged with felony possession of a firearm; he was booked into the jail in July. He suffers from grossly disturbed behavior and faulty perceptions, and he poses a substantial likelihood of causing physical harm. He was evaluated by a court-appointed forensic psychologist and was determined by the court in mid-August to be incompetent to stand trial. After further evaluation, the criminal charges against T were stayed in late October, and he was committed by order of the court to the custody of the Commissioner of Human Services for inpatient hospitalization for six months.

Continue Reading @ StarTribune

Related articles

If you browse throughout this website, here in Montana we have a severe problem with this issue.  Inmates that are yanked cold turkey off of much needed medication.  Inmates that are driven to the brink of despair in how our Montana system is medically treating them, many that have committed suicide.  Inmates or patients being flip flopped between mental hospitals and prisons.  More organizations and more Montana citizens are standing up to this ever growing challenge.  We are being the voice for those whose voices cannot be heard.

America, we have a problem.  Montana we can do our part to correct it in our state.  Especially since we seem to thrive on locking citizens up for profit.  Why is our incarceration rate higher than any state around us? With us only having a population of 1 million?

Review the data generated by our department through the state – Montana’s Incarceration Rates.

 

 

 

Categories: MDOC/Abuse | Tags: , , , , , , , , | 3 Comments

Montana’s DOC’s Solitary Confinement For Mental Illness Inmates – ACLU

Posted on November 10, 2012 by mejustice

MONTANA STATE PRISON

FYI – The ACLU will be hosting a free program – Solitary Confinement-Overused, Cruel, and Ineffective, at the University of Montana Law School evening of Thursday November 15, at 7pm, Room 201.

Currently our Montana prison and jail systems use solitary confinement when dealing with people who have a mental illness.  We have over 340 plus inmates with a mental illness at Montana State Prison, limited beds for people with mental illness –  25 total, 12 or 13 on the low side, 12 on the high side.

Low side receives mental health services from staff from the Montana State Hospital, but the majority of the inmates with mental illness are on the high side, and receive limited (maybe meds) or no services.  There is a disparity of services and treatment towards high side inmates with mental illnesses.

This will probably be one of the most contentious topics at the upcoming legislation.  Reason for it – cost – more to implement start up services and facilities, than what we have been doing.

Our State and correctional system has been reverting back to the 18th century on how we handle people with mental illnesses – perverse and cruel punishment by not giving the medical mental health services and treatment they need.

The teenage prisoner couldn’t take the isolation of solitary confinement. The 23 hours each day with no human contact exacerbated his mental illness. Suicide seemed the only way out. He bit through the veins in his wrists in a desperate attempt to end his suffering.

Thankfully the ACLU of Montana was able to get Raistlen Katka out of solitary confinement at Montana State Prison, and to win a settlement that means no other minors will have to endure the months on end of solitary confinement that Raistlen did.

But solitary confinement is still in use for adult prisoners in Montana and other states. On any given day, more than 80,000 American prisoners are locked in isolation.

On Thursday, November 15 attend a free program in Missoula on how solitary confinement harms prisoners, how that hurts us as a society and how we can reduce its use.

Participants will hear from prisoners, corrections officials and psychiatrists in the 50-minute National Geographic documentary “Solitary Confinement.”

They will then hear from Eldon Vail, former Secretary of the Washington State Department of Corrections, about how prisons can move more inmates out of solitary confinement and into the general population and about the special needs of mentally ill prisoners. Vail has 35 years of experience in corrections and has directly overseen three prisons. There will be the opportunity for questions.

Corrections officials argue that solitary confinement is necessary to maintain safety and order and that the practice modifies prisoner behavior. But experience shows solitary confinement modifies inmate behavior in unwanted and damaging ways. Deprived of any meaningful human contact, prisoners suffer from anxiety, depression, paranoia and sometimes even hallucinations. They often complete their prison sentences in solitary and are released directly into society with little or no ability to cope with other people. Many end up back in prison.

Even if you can’t attend, visit our website to learn more about solitary confinement and what the ACLU is doing to reduce its use.

Categories: MDOC/Abuse | Tags: , , , , , , , , | 1 Comment

Can You Hear Me Now? Prison Phones

Posted on October 4, 2012 by mejustice

Federal Communications Commission Chairman Julius Genachowski

In an online question-and-answer exchange last month, U.S. Federal Communications Commission Chairman Julius Genachowski called prison phone rates a “serious issue for families, communities, security” and said the FCC is “preparing next steps.” Photographer: Alex Wong/Getty Images

Bloomberg News

Prison Phones Prove Captive Market for Private Equity

By Todd Shields on October 04, 2012

U.S. prisoners pay as much as $17 for a 15-minute call with their families in a jailhouse phone market dominated by two private equity-backed companies, and that cost now is drawing scrutiny from regulators.

Global Tel*Link Corp., Securus Technologies Inc. and smaller competitors in the $1.2 billion inmate-phone industry bid for exclusive contracts to provide telephone service, agreeing to pay as much as two-thirds of calling charges to government or private prison operators. Those commissions can drive fees to levels that make it difficult for prisoners to maintain contact with spouses, children and parents.

“Hello, does anybody hear me out there?” David Wrobleski, serving a life sentence in a Michigan prison, wrote July 15 to U.S. Federal Communications Commission Chairman Julius Genachowski. “Over the years, I have lost most of my contact with my family and friends due to the increased cost of a telephone call from the prison setting. I come from a very poor family.”

In an online question-and-answer exchange last month, Genachowski, a Democrat, called prison phone rates a “serious issue for families, communities, security” and said the FCC is “preparing next steps.” He didn’t provide details.

A collection of civil rights, religious groups and members of Congress is pressing the FCC to act on a petition filed in 2003 by prisoners and family members to cut “exorbitant” rates. Representatives from the Leadership Conference on Civil and Human Rights, the United Church of Christ, the National Urban League and other organizations met with Genachowski in September and asked for a clear date for action.

Singapore Cheaper

“It is cheaper to call Singapore at 12 cents a minute from a cell phone than it would be to speak to someone in prison in this country,” a group of 30 organizations and individuals said in a May 18 filing asking the FCC to cap interstate rates. The current system, they said, provides “every incentive to choose bids that maximize fees.”

Global Tel*Link, based in Mobile, Alabama, has about 50 percent of the correctional phone services market, followed by Securus with almost 30 percent, according to Standard & Poor’s.

Global Tel*Link directed questions to its owner, American Securities LLC, a Park Avenue private equity firm. Caroline Harris, a spokeswoman for American Securities, declined to comment. So did Michael Millican, a spokesman for New York-based Castle Harlan Inc., which owns Securus.

Commission Criticism

Prison phone charges vary by location. A 15-minute call through Global Tel*Link costs $2.36 in Massachusetts and more than $17 in Georgia, according to a study released Sept. 11 by the Prison Policy Initiative, an advocacy group in Easthampton, Massachusetts. In New York, where commissions aren’t allowed, Global Tel*Link charges about 5 cents a minute, according to the study.

The commissions phone companies pay to prison operators “are the product of a public policy decision made by correctional authorities, and in some cases state legislatures,” which may use their share of phone fees to fund prison operations and inmate welfare funds, Dallas-based Securus said in a filing with the FCC.

Prison calls cost more than residential telephone service for reasons that include security requirements and bad debts, according to Securus, which said in a filing that it has about 1,400 contracts in 46 states.

Extra Security

Prison calling services include security capabilities such as preventing call-forwarding and conference calls, and caller identification based on voice analysis, Global Tel*Link said in an Oct. 3 filing at the FCC. Chief Executive Officer Brian Oliver discussed inmate calling in a meeting with Commissioner Ajit Pai, a member of the agency’s Republican minority, according to the filing.

Prisoners make collect calls or set up prepaid accounts funded by relatives or by their earnings from prison jobs that pay cents per hour. Service providers may collect per-call fees in addition to time-based charges, according to the Prison Policy Initiative.

Forty-two states got commissions from phone companies in 2008, averaging 42 percent of the charges and reaching as much as 66 percent, according to a July filing by groups asking the FCC to set a benchmark rate of 20 cents or 25 cents a minute.

Until recently, charges from Global Tel*Link ran about $100 a month for Tom and Dora Pickles, 79-year-old retirees in Wake Forest, North Carolina. Their son, Scott, is serving a life sentence in Connecticut after killing his wife and two children.

“We have counted that as an expense that was just there — we didn’t care what it was, were going to live with it, and pay it,” Dora Pickles said in a telephone interview.

Reducing Recidivism

After Connecticut rebid the contract and switched providers this year to Securus, charges dropped to less than $4 from about $13 for 15 minutes, the longest call allowed, Tom Pickles said.

“It certainly was a big break when it changed,” he said. “And by the way, that’s the quickest 15 minutes of the week.”

Connecticut reduced long-distance calling rates for most of its 16,000 inmates in 15 institutions, Brian Garnett, a spokesman for the Connecticut Department of Correction, said in an interview. “We are very cognizant of the strain that phone rates can place on family support of an inmate,” he said.

Keeping prisoners in contact with family reduces repeat incarcerations, Nancy La Vigne, director of the Justice Policy Center at the Urban Institute in Washington, told Congress in a May 2010 hearing. Contact while in prison reinforces ties between fathers and children, giving prisoners a greater stake in good behavior, La Vigne said.

Private Equity

Global Tel*Link was bought in December by its management and American Securities, a private-equity firm with investments that include Oreck Corp., a vacuum-cleaner maker, and the Potbelly Sandwich Works restaurant chain. Terms weren’t disclosed for the acquisition from Veritas Capital and GS Direct LLC, theGoldman Sachs Group Inc. (GS) investing unit.

Castle Harlan acquired Securus from HIG Capital LLC in May 2011 for $450 million, according to a video posted on Castle Harlan’s website. Securus was headed toward $80 million of earnings before interest, taxes, depreciation and amortization in 2012, up from $62 million at the time of the purchase, William Pruellage, co-president of Castle Harlan, said on the video.

Corrections Corp. of America, the largest private prison operator, said in a regulatory filing that an FCC decision to bar commissions would have a material adverse effect on its results. The company gets commission revenue “in some instances,” though not all, Steve Owen, a spokesman for the Nashville, Tennessee-based company, said in an interview.

Call Monitoring

Eight states, including New Mexico, have banned prison phone commissions and as a result the cost of calls in those states has dropped, the New Mexico Public Regulation Commission, which oversees phone services, said in a resolution adopted Sept. 25.

The National Sheriff’s Association told the FCC in a 2008 filing that capping rates for interstate calls would “seriously hamper the ability of sheriffs to effectively manage our nation’s jails.” Inmate charges help cover the cost of monitoring calls, Fred Wilson, a spokesman for the Alexandria, Virginia-based group, said in an interview.

If commissions are cut, localities could face a choice on whether to have taxpayers make up the difference, Wilson said. “Is that still going to get picked up, or is that program going to go away?” he said.

Money from commissions goes toward programs such as recreational and library supplies in Massachusetts, maintenance of county jails in Arkansas, and a victim compensation fund in Texas, Global Tel*Link said in its Oct. 3 filing.

‘National Priority’

Mignon Clyburn, a Democrat on the five-member FCC, supports limiting fees. “Connecting husbands to wives, parents to children, and grandparents to grandchildren should be a national priority,” she said in a statement.

Democratic Representatives Bobby Rush of Illinois and Henry Waxman of California urged the FCC Sept. 12 to act “as soon as possible” on the petition from 2003.

“It shouldn’t take the FCC one more decade to ensure that prison phone services are priced in line with their true costs and made more affordable,” Rush said in an e-mailed release.

Source: http://www.businessweek.com/news/2012-10-04/prison-phones-prove-captive-market-for-private-equity#p1

The company that Montana uses for their prisons is http://www.telmate.com/.  The prison phone business is booming.  They even have a “Now Hiring” banner on their website.    If you want to see how a prison can become corrupt and how profits are made well here you go.

 http://montanacorruption.org/2012/09/11/a-video-explanation-of-how-a-prison-system-can-become-corrupt-a-must-see/

Telemate advertises that their calls are around $3.85 for a 30 minute call.  But we have been checking on that and they end up being around $5+ for a 30 minute call.  They say how they are cheaper than calling collect yet we have records of a phone bill that shows that the collect calls were cheaper to use.   I asked Telemate if they can send an itemized receipt like phone companies do, they said “No, you would have to get a subpoena.”  Inmates families have to get a subpoena when it is their money that is being spent?  Why?  Why don’t they want families to know where that money goes too?  The DOC financially breaks the families in every way that they can but they can’t provide something that shows where their money has gone too. 

Categories: MDOC/Abuse, Wake Up America | Tags: , , , , , , | 2 Comments

Allen Whetstone – MDOC And MBOPP – Part 6

Posted on October 1, 2012 by mejustice

The Incarcerated Montana Fireman

It has now been 350 days,  

11 months, 14 days,  

30,240,000 seconds

504,000 minutes

8400 hours

50 weeks 

Each minute is an injustice.

Montana Department Of Corrections still can not or will not place Allen Whetstone into a regular CP&R class.   This class is required by all inmates that enter into a correctional institution.  This subject has been discussed thoroughly at the Law and Justice Meetings.  Department of Corrections blames the Board of Pardons and Parole that they are going to require more from him anyway.  Board of Pardons and Parole states that if DOC does not allow him to take his classes then they can’t release him.   Well, Board of Pardons and Parole has at least been showing up at the Law and Justice Committee Meetings, despite the heat.  Whereas DOC has not shown up at all, the Director of Department of Corrections, Mike Ferriter has not shown up once.   We don’t know if it is because he believes he does not have to answer to anyone or if he knows that the system has caught up with him.

Since no one can seem to explain why an inmate cannot get into a regular class such as CP&R, the wife of Allen Whetstone called Linda Moodry, Public Information Officer at Montana State Prison.  She stated that she would check into it and she did discuss it with one of the Wardens.   They said that they are backed up because anytime that the Montana Parole Board has an ex-inmate on probation that returns to prison they are required to take the CP&R class again.   These inmates are put on a priority list before the inmate population.   We already have studies on how many are returned to prison on technical violations.  This is not right nor fair that these returning inmates are put on priority to the top to take these classes while the inmate population gets shoved down the list. Allen should be on top priority since he will be going before the parole board in November. These classes take 12 weeks, so what is their reasoning beyond shoving these priorities down the list?  Seems like another way to keep inmates in the system longer and have some money making on the side.  Linda Moodry stated that she hopes they can indeed see where this problem is coming from and can correct it.   The return rate on ridiculous technical violations are astounding.  We are talking technical violations such as an ex-inmate being returned to prison for not getting permission to go to the emergency room or getting permission to get married.  One from not being able to attend work and a class scheduled at the same time.  Either way…if he goes to work he’s hanged, if he goes to the class he’s hanged.  He cannot be in two places at one time.  I didn’t know that was a cause to be incarcerated in Montana.

Also, they have taken Allen Whetstone off of his medication, again, cold turkey.  Dr. Edwards has decided that he does not believe that the VA knows how to diagnose.  Allen was taken off of this medication once when he first arrived at the prison, but after documents from the VA and a hearing at Montana State Prison even the prison ruled that he needed to be on the medication.    He is once again starting to lose weight and having side effects.   The VA and many other doctors have spoken up and stated that a prison that keeps yanking inmates off of life altering medication is inviting and instigating major health issues if not suicide with the inmates. Looking at the poor medical history of the prisons in Montana it seems like that is the very thing they are doing.     How many men and women have to die before state officials start looking into this?

Allen Whetstone’s wife has been threatened to stop testifying in front of the Law and Justice Committee by one of the parole board members. He stated that “she was only making it worse for her husband when he goes before them.”  That is a civil right.   When is this state going to turn things around?  Of course she has said she is not going to stop. The citizens of Montana need someone to speak on their behalf concerning all the atrocities that are going on within the state.  Someone has to be a voice for those that have no voice, more and more people are rising up to do just that!

Categories: Allen Whetstone, MDOC/Abuse, Montana BOPP | Tags: , , , , , , , , | 1 Comment

Montana State Prison Kills Justin Wing A Native American By Neglect

Posted on September 29, 2012 by mejustice

Photo Credit:  http://cor.mt.gov/Reentry/Resources/native_americans.mcpx  Ironic..huh?

We had a comment on the article “Another Man Dies At Montana State Prison.”  Acts of Hope   Sep 29, 3:54 pm     http://montanacorruption.org/2012/06/25/another-man-dies-at-montana-state-prison/

Why don’t you ask Cathy Redfern about her participation in Justin Wing’s death? She was the nurse charged with changing his bandages, but didn’t. He developed an infection and died. And like everyone else got promoted!

So we did just that.  Here is what we came up with.  

Photo Credit: Smithsonian

Montana State Prison Kills Justin Wing by Neglect
    by JUSTICE NETWORK

Do you know who Justin Wing was? Even if you do not, after you have read this, you should remember his name all your life.

Justin Wing was a Lakota/Sioux Warrior. He may not physically be with us now but his spirit of helping his People will live on forever.

He was only 50 years old, yet he died on July 8, 2004 at 2:45 P.M. He would have been eligible for parole in a few years. But it seems that at Montana State Prison were he was incarcerated, the administration did not consider him to be a human being.

Apparently they did not think he was worth the trouble or the expenses even when his life-threatening condition warranted urgent hospitalization.

It is with great sadness that we must accept that no one was able to save Justin Wing from the unjust Death Sentence that was imposed on him by Montana State Prison.

Isn’t denying a human being adequate medical treatment in a timely manner the same as a death sentence?

For 3 long years Justin did not receive adequate medical treatment for his condition, although its symptoms appeared early on.

http://www.conspiracyplanet.com/channel.cfm?channelid=59&contentid=1431

URGENT medical issue: Call for Action – Justin Wing
From Justicenetwork@…   - URGENT CALL FOR ACTION -May 26th 2004

Greetings,

We need your active support to put an end to another appalling case of medical neglect, against the Chairman

of the Prayer Warriors (the Native American circle at Montana State Prison).
Please take a few minutes of your time to save a life.

Justin Wing, AO # 12082 is in need of immediate medical attention. 

He has had a hernia growth for over three years in the stomach area.
It is infected causing the skin to break open.  From this open wound there is drainage, puss. 

He also has Hepatitis very bad. This additional health condition prevents him from eating. 

His normally yellow skin tone is now very pale.  He is also an elder which adds to his risks.

The prison refuses to assist him medically.  His stomach is swollen to the size of a football right in front. 
Dr. Goldstein, a physician who saw Mr. Wing a while back,
was upset because the prison could have done something a long time ago. 

Justin’s condition has been at this stage for 2 days now and it seems to now be a life threatening stage. 

He needs immediate and proper medical attention. 
To allow anyone to endure a condition like this without treatment is inhumane,
and as anyone can easily see…life threatening.

———————————————————-
Points to include when writing to the officials listed below:
- Mr. Justin Wing, incarcerated at Montana State Prison, has had concerning health problems
but is not getting adequate medical care.  This elder is in need of immediate medical attention.
- He has had a hernia growth for over three years in the stomach area.  It is infected causing the skin to break open.
  From this open wound there is drainage, puss.  His stomach is swollen to the size of a football right in front. 
He has Hepatitis and his current problem is preventing him from eating.

- Because of the medical neglect, his condition has worsened. Dr. Goldstein,
a physician who saw Mr. Wing a while back, was upset because the prison could have done something a long time ago. 
- Mr. Wing needs immediate and appropriate medical care. It is an emergency, a life threatening situation.
- Please request that Mr. Wing be seen by a specialist and receives proper treatment without further delay.
Please contact the prison officials as soon as possible.
==> Important: Please do NOT forward the entire message to the officials,
OR use our email address when emailing them. 
Please copy and paste your personal letter into new emails.  <==
If you wish, you can send us a copy separately at justicenetwork@… . Thank you. 
 
Contact Information: Please write to:
 Bill Slaughter, Director of Corrections
tward@…
Warden Mike Mahoney
mmahoney@…
Associate Warden Myron Beeson
mbeeson@…You can also send a copy of your email to the following MT senators/legislators:
Jerry O’Neil, Arlene Becker, James Corson, Sue Dickenson,
Tim Dowel, Carol Juneau, Tim Callahan, Joey Jayne, Tim Dowell,

oneil@…, arlene_becker@…, james_corson@… , SUEDICKENSON@…, CSJUNEAU@…, intic@… ,

 jayne57@… , timjdowell@… ,  ENEWHOUS@… (MT Reporter Eric Newhouse)THANK YOU FOR YOUR ASSISTANCE AND SUPPORT -
PLEASE CONTACT US  IF YOU RECEIVE A RESPONSE FROM THE OFFICIALS
===================================================================

http://dir.groups.yahoo.com/group/PrisonNewsNetwork/message/18086

Update on Justin Wing, July 03, 2004

While most of the country is celebrating the 4th of July with firecrackers, parades, barbecues and a myriad of other enjoyable activities, we have been told that Justin Wing lies in a hospital room in a Montana hospital with his liver shutting down its life sustaining functions. Due to pure medical neglect from the prison, Justin Wing’s condition, as described to some by the Native American Liaison, Mike Wetzel, is not good; he is not doing well at all. Justin’s sentence for crime he was convicted of, was confinement to Montana State Prison, not death. Yet it seems the sentence of the court and judge have been ignored by the prison, and by denying him proper medical care for too long, the prison decided on a death sentence…

Justin Wing has also had to endure cruel and unusual punishment due to the severity and length of suffering and pain that he has had to endure, due to the severe long-term medical neglect. Implementation of cruel and unusual punishment is in direct violation of the Constitution of the United States. If his medical condition had been treated properly when the hernia had first started long ago, it is quite possible that Mr. Wing would not have been in this life threatening situation now. Instead, he has been denied the proper medical care for approximately three very long years. So, while everyone is celebrating the birth of our country, and all that it is supposed to stand for, Justin Wing lies in a hospital bed as a result of his constitutional rights, as guaranteed to all Americans, being violated.

To make matters worse, the Native American Liaison is stating that Justin’s life threatening situation is due to the poor condition of his liver and that Justin would be the first to admit that he has abused his liver. This looks like an attempt to minimize the fact that Mr. Wing’s infected hernia has not been properly treated, and reflect as insignificant the fact that the infection was allowed to continue for over a month without adequate medication to get the infection under control. Yet, anyone with any degree of intelligence knows that an infection left untreated affects the entire body. Mr. Wing’s other medical condition with his liver was of course exacerbated by the deliberate medical negligence of the prison. Since it is widely accepted that an untreated, or improperly cared for infection can have detrimental effects on anyone, with or without other medical conditions, how can it possibly be implied that this negligence is not a factor?

To the awesome people who have stood beside Justin for over a month writing letters and making phone calls, our appreciation goes beyond measure. For those who might say “this does not concern me” , we say violation of the right to adequate medical treatment affects everyone: through the spread of communicable disease; through the unforeseeable future when there could be a time when you or someone you know, through a fallible Justice & Penal system, is wearing Mr. Wing’s shoes; or because of the tragic reality: we have lost the soul of our country by not caring about those less fortunate.

Please keep Justin Wing in your thoughts and prayers.

Respectfully,

Justicenetwork & Honor Your Spirit

from Justicenetwork: Please forward to all of your contacts and lists. Thank you.

UPDATE ON JUSTIN WING JULY 08, 2004

We are saddened to learn from reliable sources that Mr. Justin Wing is not expected to live thru this day. We are asking that your prayers and thoughts are with him at this time.
To all of his supporters some who may not know Mr. Wing personally but all are aware that he is fighting with his last efforts for each breath of life.

We would like to extend a heartfelt personal “Thank You” to all who have prayed, written letters, made phone calls, sent faxes and offered your moral support to Justin in his struggle to receive timely Medical Care from Montana State Prison. It is because of all of your efforts that he received ANY care at all in the last few weeks of his life.

We clearly still have a duty to bring Justin Wings fight and struggle against indifference and medical neglect from MSP to light. However at this time of his passing would like this day to be spent in peaceful tribute to a Sioux Warrior as he passes from this earth. May his passing be with calm and with dignity. May he find Peace.

Justicenetwork and Honor Your Spirit

From Justicenetwork [Please forward to all of your contacts and lists. Thank you.]

THE LAST UPDATE ON JUSTIN WING July 08, 2004 2:45 P.M. (MST)

Sioux Warrior of the Lakota Nation, Justin Wing died today, July 08, 2004 at 2:45 P.M. Although he will not physically be with us, his spirit of helping his People will always remain with us. He will live on in our memories, forever.

It is with great sadness that we must accept that no one was able to save Justin Wing from the unjust Death Sentence that was imposed on him by Montana State Prison. Not giving a human being adequate medical treatment in a timely manner is the same as a death sentence.

As you know for 3 long years Justin was deliberately denied adequate medical treatment for his condition as its symptoms appeared early on and as it deteriorated through out the years and resulted in his untimely death.

How could they let this deliberately happen?

This continues the tragic, documented cycle of discrimination and medical neglect towards Native Americans. This is another tragic episode in the long standing Genocide of the First Nations People. We must take this tragedy and work towards the goal of never having another Native American die from the wrongful Death Sentences handed down by Prison Authorities.

We must not allow Justin’s sacrifices be in vain, we must continue his struggle in his spirit, and in the spirit of his Ancestors.

No more discrimination, no more medical neglect towards Native Americans ! In the name of Justin Wing and of his People, please remember him in your beliefs and actions. Keep the fires of truth, justice, compassion and hope burning in each and every heart until those goals are met.

Respectfully,

Justicenetwork & Honor Your Spirit

 Memorial Service in Montana for Justin Wing
“Justin Wing Memorial Gathering” – Annoucement and Invitation to Dancers and Singers
The High Side Prayer Warriors would like to invite dancers and singers to their Spiritual Gathering. The High Side Prayer Warriors are trying to continue to offer a positive outlook as well as instill true honor, respect and pride in the Native Americans incarcerated at Montana State Prison and we are hoping that you will assist us in doing this. Our gathering is September 11th, 2004.
A Sweat Lodge Ceremony will be held that morning. There will be food, singing and lectures offered.
If you would like to participate or will be in this area, then please contact Sue Buck, at suemontana@mcn.net , for applications that the visitors must fill out ahead of time. No children under 12 unless they are dancers or singers.
If you can not attend, you can still support the Prayer Warriors by sending donations of funds in postal money order form to:
Ken Ingles, Religious Activity Coordinator, for High Side Prayer Warriors Account #22. It must say High Side Prayer Warriors.
Please mail any postal money order support for the High Side Prayer Warriors directly to:
Ken Ingles, Religious Activity Coordinator
Montana State Prison
600 Conley Lake Rd
Deer Lodge, MT 59722
[For those who would like to donate but do not have funds available, perhaps you would have on hand traditional CD's, books, videos, etc. that you would like to donate. Due to Montana State Prison policy, you CAN NOT send in items directly to the prison: they must be sent to a central collection point and then from that point, all items are sent in with a special form. Anything that could be used as a cultural learning or educational tool should be useful. Please do not send anything before checking with us to avoid postage wasted on items that can not be sent in. It is also requested that you let us know *before* you send any items to the collection point, that way we can confirm receipt of the item for you. Please email suemontana@mcn.net with any questions. Thank You.]
The Native American population in Montana State Prison has struggled long and hard to make positive changes for the Native American inmates at Montana State Prison. The struggle for them to be seen as humans and to be given the same rights as other religious groups are given, has forced them to endure retaliation for speaking up, for filing complaints in the Bureau of Human Rights, and in the courts. Even after council members were continually locked up, they still pushed forward knowing that only a positive change would reinforce their abilities once they are returned to their communities; and, with the high rate of Native American incarceration in Montana, they know this to be the only answer.
The High Side Prayer Warriors would like to thank you for all of your support throughout the years.
Respectfully,
The High Side Prayer Warriors Cultural Coordinator,
Manuel Redwoman

  

It has become more than disgusting with the behavior of these officials in this state of Montana.  The deaths that happen all the time in Montana prisons, not by other inmates but by the staff themselves.  Inmates that die from neglect, that die from being yanked off of medications, inmates that are driven to commit suicide.   Officers that have blatant sex with inmates, bring in contraband, bribe inmates, etc. A parole board that threatens inmates families, belittles inmates and families. What is the STATE OF MONTANA going to do about this behavior that has gone on for years and years?  We are sick of it!!  It is not just in this one department, it is a state epidemic!  Why do you think us citizens that are outraged are spreading like wildfire?  Enough is enough!   The Native Americans have told us that the white men do not listen to them.  Well, we are listening and we are being a voice! One thing that makes us brothers and sisters despite our ethnic backgrounds is we are all in this together.  The State of Montana does not care what color your skin is when it comes to prisons for profit and neglect.  We are all just dollar signs.  $$$

Categories: MDOC/Abuse, MT Speaks Up | Tags: , , , , , , | 2 Comments

Montana Innocence Project Appealing Life Sentence

Posted on September 18, 2012 by mejustice

Montana Innocence Project appealing Trout Creek man’s life sentence

September 17, 2012 7:15 am  •  By TRISTAN SCOTT of the Missoulian

POLSON – For 15 years, Richard Raugust has insisted that he did not commit the murder of his best friend, Joe Tash, whose body was discovered early in the morning of July 24, 1997, inside his camper trailer near Trout Creek. He had apparently been shot in the head in cold blood.

Raugust was arrested several hours later while painting a house nearby. Witnesses described him as “dumbfounded” when police arrived and explained that he was under arrest for the murder of his friend.

The following spring, Raugust’s deliberate homicide case was tried before a Lake County District Court jury, which came to an impasse and remained deadlocked for 10 hours, but eventually returned with a verdict of guilty. Raugust was given a life sentence in the Montana State Prison in Deer Lodge, where the 46-year-old inmate is still incarcerated.

Now the Montana Innocence Project is appealing Raugust’s conviction, saying that powerful new evidence implicates another killer, and that if Raugust were granted a new trial, a jury would agree.

“In light of these significant showings, it is clear that a jury would likely reach a different conclusion,” according to the group’s petition for post-conviction relief, filed last month in Lake County District Court.

In its petition, the group says the “coercive jury instruction” amounts to a constitutional and procedural error, and merits a new trial.

To Continue Reading: http://missoulian.com/news/local/montana-innocence-project-appealing-trout-creek-man-s-life-sentence/article_c7bc860c-0082-11e2-aac5-001a4bcf887a.html

Data Report: More Than 2,000 False Convictions In Past 23 Years They Allot

Over 10,000 Years!

To Read: http://montanacorruption.org/2012/05/22/data-report-more-than-2000-false-convictions-in-past-23-years-they-allot-over-10000-years/

Facts on Post-Conviction DNA Exonerations From The Innocence Project

There have been 297 post-conviction DNA exonerations in the United States.

• The first DNA exoneration took place in 1989. Exonerations have been won in36 states; since 2000, there have been 230 exonerations.

• 17 of the 297 people exonerated through DNA served time on death row. Another 15 were charged with capital crimes but not sentenced to death.

• The average length of time served by exonerees is 13 years. The total number of years served is approximately 3,944.

• The average age of exonerees at the time of their wrongful convictions was 27.

Races of the 297 exonerees:

186 African Americans
84 Caucasians
21 Latinos
2 Asian American
4 whose race is unknown

• The true suspects and/or perpetrators have been identified in 146 of the DNA exoneration cases.

• Since 1989, there have been tens of thousands of cases where prime suspects were identified and pursued—until DNA testing (prior to conviction) proved that they were wrongly accused.

• In more than 25 percent of cases in a National Institute of Justice study, suspects were excluded once DNA testing was conducted during the criminal investigation (the study, conducted in 1995, included 10,060 cases where testing was performed by FBI labs).

• 60 percent of the people exonerated through DNA testing have been financially compensated. 27 states, the federal government, and the District of Columbia have passed laws to compensate people who were wrongfully incarcerated. Awards under these statutes vary from state to state.

• An Innocence Project review of our closed cases from 2004 – 2010 revealed that 22 percent of cases were closed because of lost or destroyed evidence.

According to The Innocence Project these are the causes that can lead to a wrongful conviction.

Eyewitness Misidentification

Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in nearly 75% of convictions overturned through DNA testing.

While eyewitness testimony can be persuasive evidence before a judge or jury, 30 years of strong social science research has proven that eyewitness identification is often unreliable. Research shows that the human mind is not like a tape recorder; we neither record events exactly as we see them, nor recall them like a tape that has been rewound. Instead, witness memory is like any other evidence at a crime scene; it must be preserved carefully and retrieved methodically, or it can be contaminated.

Unreliable or Improper Forensic Science

Since the late 1980s, DNA analysis has helped identify the guilty and exonerate the innocent nationwide. While DNA testing was developed through extensive scientific research at top academic centers, many other forensic techniques — such as hair microscopy, bite mark comparisons, firearm tool mark analysis and shoe print comparisons — have never been subjected to rigorous scientific evaluation. Meanwhile, forensics techniques that have been properly validated — such as serology, commonly known as blood typing — are sometimes improperly conducted or inaccurately conveyed in trial testimony. In some cases, forensic analysts have fabricated results or engaged in other misconduct.

False Confessions

In about 25% of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or pled guilty.

These cases show that confessions are not always prompted by internal knowledge or actual guilt, but are sometimes motivated by external influences.

False Confessions & Recording Of Custodial Interrogations

 

How could someone confess to a crime one didn’t commit?
Over 25 percent of the more than 290 wrongful convictions overturned by DNA evidence in the U.S. have involved some form of a false confession. Yet it’s virtually impossible to fathom why a person would wrongly confess to a crime he or she did not commit. Researchers who study this phenomenon have determined that the following factors contribute to or cause false confessions:

• Real or perceived intimidation of the suspect by law enforcement

• Use of force by law enforcement during the interrogation, or perceived threat of force

• Compromised reasoning ability of the suspect, due to exhaustion, stress, hunger, substance use, and, in some cases, mental limitations, or limited education

• Devious interrogation techniques, such as untrue statements about the presence of incriminating evidence

• Fear, on the part of the suspect, that failure to confess will yield a harsher punishment

How to prevent “false confessions” from leading to wrongful convictions

• The entire interrogation – during the time in which a reasonable person in the subject’s position would consider himself to be in custody and a law enforcement officer’s questioning is likely to elicit incriminating responses – should be electronically recorded. This is simply the only way to create an objective record of what transpired during the course of the interrogation process.

• In cases where law enforcement failed to make a recording, at minimum, a mandatory instruction should be given to the jury, directing them to disregard the confession if they believe it was coerced. Ideally, the judge should suppress “confessions” that were not recorded or improperly recorded so that they are not heard by jurors.

The practice of recording of interrogations can be implemented in one of three ways:

• Via legislation

• By action of the highest court in a particular jurisdiction

• Through adoption of policies by individual police departments

An important note about videotaping interrogations is that it is only a reform when the videocamera is either focused upon both the interrogator and the suspect or when focused solely upon the interrogator. Research indicates that when the videocamera is fixed only upon the suspect, the problem of false confession is exacerbated, prompting jurors to disregard the appearance of the interrogator and conclude that the confession was given freely.

Do states legislate the electronic recording of interrogations?
To date, Connecticut, Illinois, Maine, Maryland, Missouri, Montana, Nebraska, New Mexico, North Carolina, Ohio, Oregon, Wisconsin, and the District of Columbia have enacted legislation requiring the recording of custodial interrogations. State supreme courts have taken action in Alaska, Iowa, Massachusetts, Minnesota, New Hampshire and New Jersey. Approximately 840 jurisdictions have voluntarily adopted recording policies.

Electronic Recording of Interrogations: A Boon to Both the Innocent and to Law Enforcement
The mandated electronic recording of the entire interrogation process protects the innocent, ensures the admissibility of legitimate confessions, and helps law enforcement defend against allegations of coercion.

Electronic Recording of Interrogations helps the innocent by:

• Creating a record of the entire interrogation, including the interaction leading up to the confession;

• Ensuring that the suspect’s rights are protected in the interrogation process;

• Creating a deterrent against improper or coercive techniques that might be employed absent the presence of a recording device.

Electronic Recording of Interrogations assists law enforcement by:

• Preventing disputes about how an officer conducted himself or treated a suspect;

• Creating a record of statements made by the suspect, making it difficult for a defendant to change an account of events originally provided to law enforcement;

• Permitting officers to concentrate on the interview, rather than being distracted by copious note-taking during the course of the interrogation;

• Capturing subtle details that may be lost if unrecorded, which helps law enforcement better investigate the crime; and

• Enhancing public confidence in law enforcement, while reducing the number of citizen complaints against the police.

Case in Point: Chris Ochoa, Texas Exoneree
In 1988, a woman was raped and murdered at an Austin, Texas Pizza Hut restaurant where she worked. Based on a hunch that the crime was committed by a Pizza Hut employee with a master key, police began questioning employees of the chain restaurant. Chris Ochoa and his roommate, Richard Danziger, worked at a different Austin area Pizza Hut, but became the main suspects when they were observed drinking beer and appearing to toast the victim. Mr. Ochoa and Mr. Danziger were subsequently convicted of the crime. Both convictions grew out of a false confession by Mr. Ochoa. It was later discovered that his confession was coerced and that interrogators had threatened him with the death penalty. Years after their convictions, letters detailing the crime were sent to the police, to then-Governor George W. Bush’s office, and the District Attorney’s Office. The author of the letters, Achim Marino, had apparently undergone a religious conversion while in prison on three other convictions, and felt obligated to confess to the Pizza Hut rape/murder. The DNA evidence from the original crime scene was retested. It exculpated both Mr. Ochoa and Mr. Danziger, while implicating Mr. Marino. Had Mr. Ochoa’s initial “confession” been taped, jurors, at the subsequent trial, would have had an opportunity to assess the circumstances under which his confession was made.

Government Misconduct

Some wrongful convictions are caused by honest mistakes. But in far too many cases, the very people who are responsible for ensuring truth and justice — law enforcement officials and prosecutors — lose sight of these obligations and instead focus solely on securing convictions.

The cases of wrongful convictions uncovered by DNA testing are filled with evidence of negligence, fraud or misconduct by prosecutors or police departments.

Informants

In more than 15% of wrongful conviction cases overturned through DNA testing, an informant testified against the defendant at the original trial. Often, statements from people with incentives to testify — particularly incentives that are not disclosed to the jury — are the central evidence in convicting an innocent person.

Bad Lawyering

The resources of the justice system are often stacked against poor defendants. Matters only become worse when a person is represented by an ineffective, incompetent or overburdened defense lawyer. The failure of overworked lawyers to investigate, call witnesses or prepare for trial has led to the conviction of innocent people. When a defense lawyer doesn’t do his or her job, the defendant suffers. Shrinking funding and access to resources for public defenders and court-appointed attorneys is only making the problem worse.

  • It is the only moral thing to do with the high incarceration rates in the United States that we look into these cases.  There are over 2.3 million inmates and over 7 million within our DOC system.  Something is not right America.   We cannot continue to use people as a money making machine by locking up citizens that do not belong there. 
Categories: The Innocent | Tags: , , , , , , , , | Leave a comment

Blog at WordPress.com. Theme: Customized Adventure Journal by Contexture International.

Follow

Get every new post delivered to your Inbox.

Join 526 other followers

%d bloggers like this: