The Incarcerated Montana Fireman

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Just Came Out Of Burning Building

Willing To Risk His Life For Others

 Case On A Montana Firefighter  – Excerpt Of Letter That Was Sent To The Innocence Project

They arrested him on rape charges with one alleged victim.  Then they added two more charges of rape with two other alleged victims against him. It was at this time that I asked the public defender at the hearing where they added the trumped-up charges if we should get a private defense attorney or could she handle a case like this? She looked me in the eyes and said in no uncertain terms, “No, you do not need to hire someone else, I can handle this.” (I didn’t know that it was a public defender’s right to tell a defendant not to get an attorney. Why wouldn’t she have said by all means, since the MT public defenders office is well known for being case overloaded?)   I have internal documents that show that there was no evidence. I have the DNA report that shows that the victim was not in the room and there was no evidence of the accusation of the crimes charged against Allen. The victim was taken to the hospital for a rape examination and the doctor proved upon examination that she could not have been raped vaginally or anally, upon his findings she is still 99.9% a virgin.  There was no DNA of Allen of any kind on her.  I have the medical records and internal documents of how evidence was tampered with, how millions of dollars was riding on Allen being convicted.   They got a false confession from Allen as they threatened him that he would not get a fair trial in that county, (which he would not). They never offered us another venue for trial. We were told that he would be facing all the charges and would be looking at 40 years to life. There was no evidence of any kind on any crimes being committed but the hearsay of these ladies who are all friends. Even the investigative reports show the ladies were “parroting” each other and asking “which Allen?” There was another Allen with a very similar name under investigation also.  I have internal documents that show all of this and they have threatened me if I were to use them.  I made copies of everything after helping the public defender, by going through all the documentation and highlighting all the discrepancies with the help of Allen and his brother-in-law. I had asked her prior to the plea bargain what was the obstacle to overcome in a trial.  She told us “His confession, that there is no evidence but because it was publicized so heavily in the media and the way they had it that he would not get a fair trial by jury.” I thought everyone had the right to a fair trial.  Even in the Forensic Examiner Evaluation Services Documentation it states “Mr. Allen Whetstone  first denied, but eventually admitted to having sexual contact.” That is after all the continual duress and pressure they were putting him through and lying saying they had something which as I stated the medical doctor proved that it was not true and was a lie.

They also told us that he could go to Florida with me, his wife, if he signed the plea bargain for “Inappropriate Touch By Hand.” (I have fibromyalgia and a tumor that I will be having surgery to remove).    We were also told that it was mandatory for him to be labeled as a sex offender.  While we were in Florida for 5 months the probation officer that did the PSI Report and the public defender told us that Allen should get his Florida residency. *Note: How many persons on bond that is considered such a danger as they made Allen to be in the media are able to travel across country and live there for 5 months?  The officer was going to recommend a 10 year suspended sentence without probation.  I was told to go ahead and get a returning airline ticket for Allen. I have e-mails between the public defender and I.  I was there at the plea bargain and all the meetings as Allen has a major loss of hearing and the VA had scheduled to set him up for surgery to replace the ear drum upon returning to Florida.

There are other names of crimes and incidents that happened at this facility that they covered up once they got Allen to be the scapegoat.  There are dramatized accusations from his ex-wife which should be a conflict of interest. To use testimony that would be tainted  and whom also broke the law during this investigation.    Allen is a non-confrontational, people pleasing person. He has a history under duress of going ahead and confessing to things that he did not do.  He was beaten severely as a child and would rather just be quiet than to have a major confrontation or to confess than to have someone being so upset with him. He figures that it is better to get the beating over and be done with it.  He has been diagnosed with PTSD by the VA. He started medication in August, 2011 for this as he has tremendous nightmares where he is crying for help. (I can tell you more of this at a later date as I am trying to keep this as brief as possible.) I would like to stress at the time that he was pressed into admitting or confessing anything of nature I was not present in his life.  I met him after he was charged and we married months later as I could see the type of person that he is and not what they have tried to portray him to be.  Plus everyone spoke very highly of him and I do mean everyone.

Upon returning to Montana for the sentencing hearing we met with the public defender on Friday October 14th, before the hearing on Monday October 17th, 2011.  She shocked all of us as she said that Andy Larsen the probation officer handed her the PSI and changed his recommendation just the hour before.  That DOJ was making calls and having them change their recommendations. There was no time whatsoever for our objections. I also showed her that a date was stamped for September 2011 on the documents, why didn’t she have them and let us know so we could act accordingly. *Note the probation officer knows both Allen and his ex-wife and I would think that would be a major conflict of interest for him to do the PSI report. This was brought to the public defenders attention and her response was that “Andy Larsen could have one of his other probation friends to do the report and have it worded in a different way but with the same result.” Mr. Quigley, LCSW who is the Certified Forensic Examiner/Criminal Justice Specialist who does the Forensic and Clinical Evaluation for the state told the public defender that they had called him at the last-minute also to change his recommendation. He told them that he would not change his recommendation.  Even on the stand they tried to get him to change it, even the judge questioned his experience in such things. Mr. Quigley testified that “It would be unethical for me to change my recommendation and that I would no longer be credible in my field.”  I had talked to him before the trial and he said that “You don’t have to sell me on Mr. Allen Whetstone at all.” He knew from the initial meeting that he did not fit the criteria. Even the prison that did his classification told me that Allen scored very low. Lower than what men do when they are classified for parole.

  • A presentence investigation report, often called a “probation report,” is a report prepared to help the judge decide what sentence to give someone who has either pled guilty to a crime or been found guilty of a crime.The report is prepared by a probation department, which should be a neutral agency. It’s independent from both the prosecution and the defense. The report will include sections on the defendant’s personal and employment history and prior criminal history, as well as details of the offense. While the probation officer interviews the defendant, he often describes the details of the offense as set out in police reports received from the prosecutor. The report may also contain statements from victims. The report will often conclude with a sentencing recommendation.With the possible exception of the final sentencing recommendation, the report is given to the defendant before sentencing so he can object to anything in it if wants to.While presentence reports don’t determine a judge’s sentence, judges rely heavily on them. You and your lawyer should make sure you review the report thoroughly and voice your objections before going to the sentencing hearing.
  • Allen is not inmate material. He was in the Navy. He is a member of the VA. He has been a dedicated Fire Fighter, Search and Rescue, CERT, Safety Trainer, Certified Life Guard, CDL Permit, Forklift Operators Permit, Dance Competition Winner, Singer, Blue Ribbons Winner in Handcrafted Furniture, Rodeos.  Allen even took the Montana State Troopers exams and passed. He has a heart of helping people, not hurting them. He cannot stand to see other’s hurt because of the hurt that he has endured in his own past. He does not wish anyone to suffer that.

With all of that being said, I believe the public defender Kristina Neal had a bargain set with the county attorney from the very beginning.  Allen was made to be the “poster child” for their 100 to 200 million per year based upon his conviction and for political gain.   ( Internal Documents State That Millions Of Dollars Was At Stake)  Allen plea bargained to “Inappropriate Touch By Hand” with a mandatory label of a registered sex offender and that he would have a suspended sentence with no probation. He would be flying back to Florida with me on October 26th.  As we were told they would need 10 days to do the paperwork. Instead they gave him 10 years, sex offender label, and had to do three phases of sex offender classes.  We were all in shock and traumatized at the harsh sentence.  I promised Allen upon my life that this was not the end of it; I would get the scandal exposed and the truth told so he would hold onto some hope. (I had a bad feeling the next day and had to call the jail and was told that Allen was under suicidal watch.  I asked “why did someone not call me”? As he had given a suicidal note to the officer.  I was told that “it is not their policy to call unless they tried it”.  I could not believe that they wait till after they have done it, by then it could well be too late! As we have seen in many of the cases that have committed suicide in the jail and prison system there in Montana!  I told the officer “Please get a message to him that I need him and not to do anything”.  I knew that would give him the strength to endure this nightmare.)

It was not until the newspaper came out that it quoted Jefferson county attorney Matt Johnson, saying “He had fashioned a plea bargain where Allen had pled to inappropriately touching her and rubbing her with his genitals. That he put together the sex offender label, as it was not mandatory for the crime.  Also, that he believes that Allen did rape the other girls (women) but there is no evidence and they were not going to put them on trial.  (Chief Prosecutor Brant Light told me in an email  that Matt Johnson is allowed to say that as it is his “opinion”. Opinion? When everyone watching or reading the media thinks that what he is saying is the truth?)   They made him to look like a serial rapist when there was not even one rape.  Even the PSI report states that the recommendation was due to hearsay and the possibility that there could be more.  Since when can you charge, convict and sentence someone based on hearsay alone?   Especially when I have the investigative reports show that these ladies (women) were clearly not credible. Yet they are more credible than the credibility of my husband? They did not know that my husband had achieved all that he had in the community before this. My husband does not brag or credit himself.  I am the one that brought that out.  One of the main people who helped in his conviction came up to me after the hearing and apologized to me.  He said that “He did not know about all of that in Allen’s background.  All that he has accomplished and the PTSD and the history before where once when he was a child confessing to something that he did not do? ” Why the apology? Does that mean before they thought they could railroad him because they thought Allen was an easy target?  As a child Allen’s house burnt down. The captain questioned his siblings and Allen.  The captain concluded and believed that Allen started the fire and kept at him.  Allen confessed that he did do it.  The fire investigators are the ones that proved there was no way that Allen could have started it as it was due to an internal electrical problem.  Because of that whole incident that is what caused Allen to become a fire fighter as an adult.  His youngest son has followed in his footsteps and has become a fire fighter. Allen helped train his son in the firefighting field.  The fire fighters look out for his son as Allen now cannot.  They have told me that no matter what kind of fire or situation that they may be in they all knew they could count on Allen to have their backs. That is the kind of man Allen is.  He would sacrifice his own life to save someone else’s.  I have told him now that “He is worth saving also.”   I just want to know who has Allen’s back?

(I have in my possession a copy of his original statement that he wrote that he was not guilty.  After that is when he was  pressured and coerced to confess. There was no other statements or recordings of him confessing.  Again no evidence.)

This was quoted from Judge Loren Tucker in the Boulder Monitor on Dec.14th, 2011 from another case.   “Tucker admitted confusion about the definition, and pointed out more than once that Jefferson County Attorney Matt Johnson seemed inconsistent in his references. It is no wonder Simac seemed confused about what was expected of him, said the judge.”  He was inconsistent in that case, what about the other inconsistencies in his practice?   Is he allowed to go against the law of how a PSI report is done?  Is he allowed to make calls to those that are involved in the PSI and bribe them? Is he allowed to insinuate and slander the defendant in the media to get his own way?  Is he allowed to have control of the media so that the media cannot do a retraction? Is the public defender and the county attorney allowed to conspire together how they want a case to go all for money?  If all of this or just even one of these are true, then we live in a very unjust world and none of us are safe. 

*At this time Allen has been in prison 4 months.  Montana State Prison has given him no indication of when the SOP classes would even be started.  He is anxious to start them as he will be up before the parole board this year with a release date of January 2013.  Montana State Prison is giving every indication that they are not going to have him in and completed with the first phase of the program in time, thus he will not be eligible for parole. (While in the reception unit they yanked him off his VA medication cold turkey.  He did have side effects and it is dangerous to stop cold turkey. He also was freezing due to not being allowed any warm clothes during the stay in reception unit.  His teeth were chattering all the time.  His stay was about 75 days in the reception unit.)

This letter was submitted by his wife who did not mention her name.

Incarcerated Montana State Prison

* Note: This case also had a defense attorney that would not return calls to him until his wife was able to start getting involved. This attorney did not investigate into the case nor did she listen to any explanations and was asked to check with Colorado for the records of Allen confessing to the Firefighter Chief as a child, she did not.  There was an attitude of really not wanting to represent the case and the defense attorney that was standing in for Kristina Neal as she was on maternity leave had a disgusted look on her face during the interview. When Kristina got back and both of them were present during the interview the stand in attorney replied to the “what was the biggest obstacle to overcome”  she said “the evidence” and Kristina quickly looked at her and shook her head, this being after Kristina had said “his confession”.  Remember “his confession” was a testimony from another co-worker’s testimony not Allen’s.  That was a “hearsay” testimony)  There was no evidence and what she was referring to did not belong to Allen. What kind of games are being played here?  It is felt that a plea bargain was made between the Public Defender (Kristina Neal) and the County Attorney (Matt Johnson) from the beginning. The sentence hearing seemed to have already been decided, they did not even need anyone to testify. Judge Tucker was not interested in hearing those that testified, he even cut the testimony short on Allen’s behalf. Although Matt Johnson was able to call his secretary to the stand to testify about the tone of a phone call from his witness. A phone call?   It became glaringly obvious why there would be threats of not having a fair trial.

26 thoughts on “The Incarcerated Montana Fireman

  1. This is a SHAME on MONTANA article……talk about injustice…..persevere Allen…. God is on your side!

  2. No DNA evidence, the woman is still technically a virgin and they got a conviction? Ridiculous! This case needs to be investigated to the fullest and Allen Whetstone exonerated. Get this man out of prison!

  3. This is a severe injustice! Is this what all of the innocent in our nation have to look forward to? God forbid! My sincere prayer is for this man to be exonerated and released!

    • This is what our nation is heading towards. When the largest prison corporation has offered to buy the prisons in 48 states with a 20 year contract for 90+ occupancy. Where do you think they are going to get all these people? They are looking at the bottom line on Wall Street, not the people. We are just peasant slave labor to them.

  4. This man does not deserve to be punished and abused in the way that he has in the proceedings that are described above. How do these legal people sleep well at night after all the coverup and injustice being done in this situation. This man deserves an honourable pardon and compensation for all the grief and suffering he and his family have experienced.
    May God intervene and bring about his release and healing.

    • Helen, many others feel the same way as you do. Thank you for expressing it also. It is a shame. He is doing everything that he can, the classes, church, hobby, gym, working(helping a disabled man in a wheelchair),waiting on a vocation class (although you see all of his credentials already) and he is extremely concerned about the elderly that are there in the prison that have Parkinson Disease or Alzheimer Disease. One man can barely walk or take care of himself. So, not only is he in there unjustly but he is more concerned about these inmates. Although he is a model inmate there is concern that he still won’t get out on his parole date. As they have warned “no one” gets out on the first time or that they will add more to the court stipulations. This is how they operate. I don’t know how they sleep at night either.

    • it’s very hard to compose words in response. there needs to be more public awareness for more involvement. Unfortunately, people are more inclined to look the other way ‘thinking this will never happen to me’. So untrue! The simple math in this ‘ineqation’ says otherwise. God will judge all.

      • Too many think that it cannot happen to them. If it did happen to them they would be praying that someone would come along to help them. It is a shame to see people suffer like this. I am trying to educate the public especially since CCA wants to buy out 48 states of prisons with a 20 year contract to have them 90+ occupied. Trust me, that will include innocent people. It’s about profit, not justice. .

  5. Time for Allen Whetstone to be right back in society where he belongs. Something is rotten here. It is Government’s role to defend us from evil and protect the weak, not to incarcerate the innoncent for monetary gain.

  6. Pingback: Steve Bullock -Attorney General Office Now Blaming DPHHS Botched MDC Rape Probe « Montana Corruption

  7. I am so saddened to read about this situation. Praying that Allen is released very soon and reunited with his family. May God be your strength through this difficult time. It is so hard to understand but I hope this scripture might encourage you ‘…He will both bring to light the secrets of darkness and will openly disclose the motives that have been in people’s hearts…1 Corinthians 4:5

  8. My heart aches for him and his family. This is another fact based story where the Montana justice system is only in it for money. I have a long time friend (Charles Todd Clugston) who has now been incarcerated in Montana State Prison for over 2 1/2 years on second offense DUI charge. He completed 100% of all of his classifications an been given a Min2, which is MSP’s lowest level. While there he also recieved from The Pacific Institute in partnership with Montana Department of Corrections the “2010 Innovative Leadership Award”. He was up for parole December 2010 and the parole board denied him parole until he takes SOP II, even though he was not court ordered to take SOP I or SOP II. Another example of the parole board being the judge and jury. They have tried everything in their power to make him take it, he refuses! He has now written a booklet “Out of the Shame, Into the Light” that has been sent out to: Montana State Innocence Project, Governor Schweitzer, Lt Governor Bohlinger, Dept of Corrections, Leroy Kirkegard (warden at MSP), American Civil Liberties Union of MT, Rudy Stoch, Mike Ferritier (Director of DOC), Board of Pardons & Parole, On the Case with Paula Zahn, and countless others… This is only the beginning of what we have accomplished and let me tell you things are happening as we speak. (Their are some senators that are investigating facts.) With peoples help and countless injustices this is just the tip of the iceberg that we are going to crack!
    Please tell Allen Whetstone and his family to stay strong, don’t take SOP II under any circumstances! If he does he will forever have to register as a sex offender! Our prayers are him! We are in this together to get the facts and truth out!

    • It is a shame what they are doing to some of these inmates and their families. I believe it has come to the point that the families and friends are fed up and will continue to expose this until there is change.

      Allen Whetstone is not going to take the SOP 2 class. He is not going to admit to something that he did not do. He already learned the hard way by trusting the system. (Although he told his public defender during the middle of all this that he did not trust her, that is sad.) But even after a plea bargain that is documented by court transcripts the county attorney still lied and made it more after the man was already in prison. I believe the county attorney should be held accountable for his actions!!

  9. I came across all of the news articles when I had to look up the MDC address since I used to work there. I took the orientation classes with Allen and my mouth dropped when I read the news coverage on the story……I literally could not believe it! I am glad I found this, because this makes much more sense and is much more believable. Allen is a great guy. I had the opportunity to work with him and I have nothing negative to say about him. He is very warm and caring. Shame on the so called justice system and how things were handled! Everyone has a right to a fair trial. Good luck Allen!

    • That is the information we have been hearing across the board from those that know Allen and have worked with him. Thank you for speaking up on his behalf. It takes courage and is much appreciated.

  10. I’ve had my dealings with Judge Tucker too. He now rules over the district that my husband was sentenced in so when I found errors (BIG ERRORS) in my husbands case, I tried to get Judge Tucker’s attention and he refused to do anything. He said I will have to take it through the court system. Then I sent him the MCA codes on judges having the ability to fix errors on request. This didn’t get me anywhere. Not only would he not do is job but lied to me about his authority to do so. JUDGES AND ATTORNEYS are 1/2 the problem in this state. Most of them have this, Get The Rope and Chain Gang mentality in this state, which makes me makes me wonder if there is a Secret Society that decided to set up base in good old Montana! Considering everything else I have seen first hand, it’s not that far fetched. All I know is SOMETHING is going on cause Montana done gone crazy!!! The fact that they sentenced Allen with contradictory evidence is beyond outrageous!

    • There are many stories like this throughout Montana. It is complete culture of corruption within our justice system. These prosecutors are nothing short of liars and thieves, and great decievers. Prosecutors and their “buddies” in the police/Sheriffs department lie at will in court documents and under oath at trials WITH NO ACCOUNTABILITY!! The First step is to get rid of “Prosecutorial Immunity” laws. Until these people are held Accountable, nothing is going to change.

  11. on July 2 2010 I was falsely accused of sexual assualt. Dt. Kristen Larsen of the Gallatin County Sheriff’s office LIED on her affadavit of probable cause to gain the arrest. There is misconduct and coverup in Gallatin County. After 17 months the DA’s office moved to dismiss with prejudice the case claiming in the brief that the girl lied. They knew this from day one as there are medical records that showed the girl changed her story three times to two doctors and this jack booted thug Larsen and that the GCSO or DA’s office hid that document so they could attempt to put me in jail.

    We need to expose this nazi scum and put them in jail. Stay strong man! Demand the audio and visual tapes of the interview to prove they pressured you to make an agreement to a plea deal. Your bond was sold in wallstreet for that plea agreement and the state made money on you. It is time you make them pay.

    I know I am about too. We need to band together to hurt these bastards.


  12. 2013 is the final year in which we need to act. By then all the other false flags will have made it impossible. We need to have three Constitutional Initiatives put forth and a special election passed.

    1: Remove ALL internal investigation ability of Police, Judges and State represented Attorneys so they they may ONLY be investigated, reviewed and brought to trial by the people only. The state will never be involved in ANY complaint brought against an agent of the state. And the state will fund this fully. If a panel finds for a trial for violations then the trial will be held by the State Militia and they will be tried as treasonist.

    2: Strip all immunity from Judges, politicians, state prosecutors and law enforcement agents.

    3: Establish a well regulated State Militia Court that will try all cases in the matter and punishment will be prison or death on the charges of treason.

    These could be worded better but the bottom line is when the agents of the government fear the people this kinda crap will stop.

  13. I don’t feel bad for him – he had the $ to pay for adequate counsel but chose not to – and oh by the way alloucted in open court. That he did not understand what was going on was his fault – he should have hired private counsel that had the time to work his case.

    • Who are you to say if he had money or not to pay for adequate counsel? Apparently they went over his financial status to see if he did or not. But that is even beside the point. The public defender Kristina Neal was asked directly about private counsel and she replied firmly “NO, she could handle it.” Makes a person wonder if she already had a bargain with the prosecuting attorney. Don’t have a clue what you are talking about in the open court scenario. And that goes to show something if he did not understand what was going on was his fault…that right there should have given him a fair trial. But again his public defender told him and his wife several times over that he would NOT receive a fair trial. That is pretty sad in the state of Montana that you can’t get the right for a fair trial.

    • its cost me over $70K to defend myself against a lie. The DA when it was dismissed with prejudice (can not be brought up again ever) that the “alleged” victim lied. Most sex assault cases cost $125K to $200K. So you don’t have a clue what its like.

      They offered him a plea because….guess what they threatened him like they did me. “You will spend the rest of your life in jail for this.” That’s total bull sh*% that the DA can make those kind of threats to get a plea deal.

      The state of Montana forensic department has a history of shoddy work and they even lose/destroy evidence when it does not support the state case. I speak from MY OWN case where they “lost” dna evidence in hopes that the PRIVATE firm I hired could not prove that there was NOT DNA to support the false accusers lies.

      This firefighter should have fought this but he did not. The corruption law agents and the corrupt DA’s office and their goons will make every effort to separate you from your family. I am working with a family that there is NO evidence and the false accuser has even made statements that she lied. But what did the PA legal system do? Turned to child protective services and took this kids away after 8 months and then put the mother and ex girlfriend in jail saying they would stay in jail for 10 years as accomplices if they did not turn states evidence.

      This so called legal system is out of control and I CAN NOT wait for the revolution so we can purge ourselves of this prison nation.

      Do a search on the work CUSIP and prison sentence and you see the state sells the prison sentence as a BOND on wall street! What they used for mortgages then now use for prison sentences. In the state of Montana, according to the Official State CAFAR report, the state made 4.9 BILLION in profit from the prisons! Judges are fully vested in their retirements and the LEO’s are 76% vested.

      No do you understand why the LEO’s lie, why DA’s hide evidence and why the Crime Lab is a scam and can not be trusted. A persons jail sentence of 20 years is worth just shy of 1 Million in BOND money.

      Tell me there is justice in American and I will show you that it flies under the NAZI flag. Were due for a liberty tree watering.

  14. The DNA evidence shows that the “alleged” victim was not even in the room. No DNA of Allen’s. Someone else’s DNA but they left that un-concluded. Why? They forced a plea bargain of “Inappropriate Touch by Hand” but Matt Johnson Jefferson County Attorney added more to it after the plea bargain sentence. Yes, there is court documents that show this and prove it.

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