UPDATE ON MARC WISECARVER
Sept. 1, 2011, Marc appeared before Federal Judge Richard H. Battey again. The Hearing was to resolve the Special Conditions imposed by Judge Battey at the Sentencing Hearing last year on Aug. 10, 2010, and which were remanded by the 8th Circuit Court of Appeals back to the District Court.
The Assistant US Attorney, Ted McBride, said he had no new evidence to
support the Special Conditions on no use of alcohol, or random drug testing
of Marc as Marc does not drink or use illegal drugs. However, the AUSA still
wanted the warrantless search of Marc or his property to be kept in place.
The Public Defender, Gary Colbath Jr., agreed that the two Special
Conditions regarding alcohol and drugs should be removed, and argued that
the warrantless searches should be removed. However, he also added that
special wording such as “with reasonable suspicion of criminal activity”
could be added to the warrantless search condition as that is currently the
law. Surprises of all surprises, the Judge agreed with the Public Defender.
However, instead of adjourning the Hearing, the Judge said the court
was in recess. This action is still causing us great anxiety as the Judge
appeared to be looking for some law or clause to support his three
conditions. He also admonished the Public Defender for not objecting
during the Sentencing Hearing, when the Judge himself did not give the
Public Defender time during the Sentencing Hearing to object.
Until Marc receives the final, written order signed by Judge Battey, we
will not believe this whole nightmare is over.
Marc and his family send our gratitude again to all of you who are praying or
sending positive thoughts to him, his family, and the court personnel during this
ordeal. We will update you again as soon as the final court order signed by
Judge Battey is available.
Sent by Charmaine White Face (formerly Wisecarver, and Marc’s mother)
Handout given by us to others at the court house.
SUMMARY OF THE CASE
August 31, 2011
This entire case was based on Duke Bourne, a federal government employee, with no
identification, trespassing on property belonging to Marc Wisecarver, among others.
Marc was the resident land owner and had placed no trespassing signs on the two entrances.
Duke Bourne testified in court: he was surveying the land, checking brands on the horses,
and then finally that he was asked to look at the land for a lease application.
Mr. Bourne was not a surveyor but a soil conservation technician. Brands are checked by
the state brand inspector, not soil conservation technicians. Furthermore, the land could
not be leased as the land in question was in probate from Aug. 8, 2004 until May 27, 2010,
and is in undivided shares.
According to Realty Law which is used by the Department of the Interior on the Pine
Ridge Reservation, there is no majority land owner. Therefore, when land is in probate, no
leases can be considered until after the probate is ended and all owners agree to the
lease.
According to a witness, Randall Hughes, bragged about having Duke Bourne “get rid of”
Marc Wisecarver so he could lease the land. Randall Hughes’ land ownership has been in
question for years. On the Probate Records, there is no bill of sale or gift conveyance
for three of the portions claimed by Randall Hughes. Randall Hughes is the nephew-in-law
of the BIA Superintendent and works for the Bureau of Indian Affairs in the Aberdeen
Regional Office as a Computer Specialist. Randall Hughes has a lease application for the
land, signed by a Federal Probation Officer, Morris Brewer. Randall Hughes also sold the
hay to an Oglala Sioux Tribal Council member without the consent or knowledge of the other
land owners.
Duke Bourne assaulted Marc Wisecarver while trespassing. Duke Bourne has never been
charged with trespass or assault with intent to commit murder. Marc was acquitted by a
jury of assaulting a federal official on Jan. 29, 2009. However, Marc has been in prison
since that acquittal, under the direction of Judge Richard H. Battey, for stopping the
weapon that was used against him. The weapon was a government pickup truck.
All of this information was given to the Federal Court by Marc Wisecarver or his family.
For copies of any of the above information, except for the name of the witness in
order to protect that person, contact Charmaine White Face at cwhiteface@gmail.com
|
