Latest information about Marc Wisecarver
Hello Everyone,
Just received a call from the Public Defenders Office. The decision in Marc's case was reversed
so he should be released today, Monday, March 22, 2010. He has been
imprisoned for almost fourteen months. The Marshall's service will
have to transport him back here from the prison in Texas. Am enclosing a
copy of the summary that is found on the 8th Circuit Court of Appeals
website.
03/22/2010 United States v. Marc Sean Wisecarver U.S. Court of Appeals Case No: 09-1954
U.S. District Court for the District of South Dakota
[PUBLISHED] [Hansen, Author, with Wollman and Melloy, Circuit Judges]
Criminal case - criminal law. Evidence was sufficient for a correctly-
instructed jury to determine defendant had the requisite intention to
damage government property, that he did not act in self-defense and to
find him guilty of depredation of government property; however, the
court's supplemental instruction on the definition of depredation was
erroneous, and was plain error that seriously affected the fairness and
integrity of the trial; the conviction is reversed and the case remanded.
I'm not sure what this all means, but the Public Defenders' office said he will be released and
brought back immediately.
With everything that has happened, we will believe it when Marc is
actually set free.
Thank you and all the supporters who have sent letters,
donations, and prayers for Marc and our family.
We still need many prayers as this ordeal has taken a
dreadful toll on our family.
Thank you all again.
Charmaine White Face (Marc's mother)
|
