The circumstances as to how I was charged is as follows; in 2000 I was living with my wife and her two daughters from a previous marriage along with our 4 year old son in Roundup, Montana. The ten year old daughter was out of control especially against me because I had married her mother and they were living in my house and under my roof, I had rules, so it is safe to say that she was very jealous of her little four year old brother and me. So one day a war breaks out between the two of us, she demanding, because of my rules, for her mother to pick up everything and move out, and to file for a divorce, but her mother doesn’t want to hear her reasons and ignores her request. She goes off to school and starts telling her friends about something that I had apparently done against my son because she was angry and jealous of him for spending so much time with their mother, time she thought taken away from her since she use to be the baby.
Because of her statements going around at the school, someone called Child Protection to file a complaint against me. Child Protection started an investigation, who in turn received most of their information from my wife’s second daughter through their interviewing her without her mother being allowed to be present, nor any attorney. They did the same thing with my four year old son and had my wife leave the room and in both of the interviews there were no Miranda warnings given. There after, I was placed under arrest and charged under M.C.A.45-5-507, and then convicted and sentenced, It was my understanding that my legal rights were suppose to be protected which is guaranteed under the constitution, but my case was a total nightmare.
Let me explain some of the details to help you understand what happened in my case. First, one member of the jury in my case use to go to school with me since junior high. This person not only knew me and my family, but also knew everything about my case before the fact, because of what he said from my wife’s daughter’s statements going around at the school, even after I was placed under arrest. This jury person and I had never gotten along that good in all the years that I have known him. I can say without a doubt that because of my family’s dealings in that area, that he had a lot of animosity against me and my family. I had told my attorney about the jury problem because I thought it was something of a conflict. But my attorney told me that “ it was not a problem and not to worry about it, because in the smaller towns where there is not as many people, it is very common for a court to place anyone they can find to put on a jury.”
Further, I had informed my attorney about my birth defect. Some form of autism dyslexia and attention deficit disorder that has resulted where my I. Q. level is rated at 42 and to make things worse, I read and write at a first grade level, so what you have been reading has been pre-written for me to copy. I had to find an inmate to write in my own words, so I could get this out to you.
Noting: that I have been trying to over come this problem all my life, I even enrolled in a special education English class at a college and because of doing so, in my case the state claims that my I. Q. disability is not a learning problem, saying this so they could force me to go to their treatment group. Needless to say, I have been kicked out of their treatment group because I could not read.
As for my court appointed counsel, he acted like he wanted nothing to do with me, or my case. My attorney refused to investigate any thing for my defense pertaining to my innocence.
At the end of my sentencing, I told my attorney “that something was not right about my case, and I wanted him to file an appeal.” Thereafter. My attorney packed up and moved to Japan without filing the required briefs, nor did he file for a withdrawal with the court. I could not ask for a new council because he was still my counsel of record.
The state and the court acted like it was no big deal that my counsel just left. I believe it was because of the charge against me. Not one time was I asked by notice, if I wanted to file for an appeal or a post conviction or sentence review. They just left me hanging without counsel, denying me of my constitutional rights to access the court on an appeal. All I know is that the court and the state took advantage of me because of my handicap. Case in point, in 2005 I filed a motion with the district court not knowing the law or what I was doing, anyway, I never heard a word from either the state or the court until 2010 when I filed a motion of what happened with my 2005 motion? In the end the court went through the process acting like they were concerned, then ruled in favor of the state covering up everything to protect the state. I know that in every other state they would have called it due process violation.
Because of the lies of an upset and angry 10-year-old girl , I have not seen or heard from my only son since that day so you can say that I am locked up for something I didn’t do especially to my own son and because I have a mental disability and cannot attend the court ordered classes in prison. Everything herein is true to the best of my knowledge. Sincerely JOHN COLLIER
Incarcerated at Shelby Prison
*Disclaimer from montanacorruption.org it is not our place to say if any accused testimonies that we share are innocent or guilty. Our motive is to start educating and exposing a problem here in the judicial system. A suggestion is that these cases be looked into and given due process but not from the same corruption. Many have stated and we have seen first hand where the public defenders did not do anything to investigate into the cases. It is too coincidental that none of these people know each other and there are more yet still, but they have many of the same complaints as how their cases were handled. *Anyone with a mental disability should be seen if they are getting the correct treatment needed in classes.