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If you wish to
contact Brenda directly, please send all emails to
lewjas@aol.com
Do not reply to this email address
Hello Everyone,
Here is more news regarding Marc Wisecarver. I too thank everyone
who has signed the petition so far and I am urging more people to
sign this also. If you wish to help put an end to this injustice to
Marc, and all the Native Amercians that have been wrongfully
incarcerated before him, and for the future ones, then look in your
heart and please sign the petition.
http://www.lakota-aid.co.uk/lkmarcpetition.htm
Have a great Easter, Marc will not, he will still be incarcerated
remember!
Brenda- www.lakota-aid.co.uk
Update on Marc Wisecarver
April 3, 2009
I
read most of the comments on the petition and cried, they are so
beautiful. Thank you to everyone. Thank you especially to Brenda for
starting this. Wish I could show them to Marc right now, but we must
keep waiting, for his safety's sake. However, he does know a
petition has been started.
Marc's sentencing hearing is still scheduled for April 21, 2009. He
has been incarcerated more than 9 weeks now. Today, he asked a guard
why he was in there. The guard asked him what happened, and when
Marc told him what happened, the guard said, "You were gamed." In
other words, Marc was set up. There is no reason Marc should be in
jail.
According to the transcript of the verdict and detention, as soon as
the jury left the court room, Judge Richard H. Battey stated the
following:
"THE COURT [Judge Richard Battey]: The Court will provide for the
custody of the defendant pending further motion by the Court.
Accordingly, the defendant will be committed to the custody of the
United States Marshal Service.
MR. COLBATH: Your Honor, can I inquire as to--and I know this wasn't
originally this Court's case--but Mr. Wisecarver has been out on
bond on conditions and terms previously set by the magistrate. He
has been in compliance with all those conditions; and has obviously
shown up for court and continued to comply with the conditions.
Given the verdict of the jury, the only count to which they found
him guilty is not a crime of violence, is not a crime otherwise
referred to by the Bail Reform Act which would require any form of
incarceration. So absent a bond violation, I guess I don't
understand the Court's order in changing his custody status.
THE COURT: He's now a convicted felon, counsel, and he will be
committed to the custody of the United States Marshal pending any
further motion you may wish to make. And if you file a motion for
his release, under the rules I will consider it, but I am not
receiving an oral motion at this time.
MR. COLBATH: I just don't understand the Court. The fact that there
is a conviction, Your Honor, doesn't authorize...
THE COURT: Counsel, I have ruled. The time is not ready to be
completed for an oral argument on your behalf. Whether you don't
understand it or not, it's not my problem. The Court will be in
recess." (End of trascript.)
Although Mr. Colbath, Marc's public defender, did enter a written
motion asking for a release, Judge Battey denied it. Judge Battey
will do the sentencing of Marc on April 21st and could sentence Marc
to 10 years in a federal prison. We are hoping for probation, or
time served, and a fine or restitution. After the sentencing, Mr.
Colbath can file an appeal and then we can make this whole situation
public in the United States. Until that time, for Marc's safety, we
must keep quiet. So we are very thankful to Brenda for her starting
the petition and slowly getting the word out in England and Europe.
We are also asking for letters to be sent to Eric Holder, the
Attorney General in Washington, DC, asking for an investigation
particularly of the cases of Judge Richard H. Battey.
I go to see my son every time a visitation is allowed: Wednesday,
Friday, and Sunday for 15 minutes. He calls on the other days. He
has good and bad days. He enjoys receiving mail, and cards and
letters can be sent to: Marc Wisecarver, 307 St. Joseph St., Rapid
City, SD 57701 USA
Paperback books are allowed to be mailed in by the bookstores only.
Otherwise, no other packages are allowed.
Thank you again to everyone who has signed the petition. The support
you have shown helps tremendously. Both of Marc's dogs are gone now,
dead, but the horses are fine. Boots even had a colt. Sarge, the
outside cat, is doing well, and Liebre, the inside cat stays with
Robin and Rosie and is still spoiled.
Please keep praying for Marc, his family, and friends. This is a
very difficult time for all of us.
Again our greatest appreciation (wopila tanka) to all of you.
Sincerely,
Charmaine White Face (Marc's mother)
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