June 18, 2010

Judicial Complaint Form

Hi Everyone,

Here is an attachement containing the Rules and Forms for Filing a Complaint on a Federal Judge, as well as a Statement of Facts from Marc's mother Charmaine.

We are hoping more will file complaints on Judge Battey.

Thank you.

Brenda - www.lakota-aid.co.uk

Attachments

Judicial Complaint Form

Judicial Complaint Rules

Battery Complaint Form

 

May 22, 2010

UPDATE - MARC WISECARVER CASE

Two years ago, on April 29, 2008, a total stranger rapidly drove past "No Trespass" signs on the north side of Marc Wisecarver's place as he worked on his vehicle. Marc lives in the country nine miles from the nearest village, Manderson, and grew up on the land in the Pine Ridge Indian Reservation. Marc tried to chase the man down on foot to learn why the stranger was there. Instead, the man, driving a black pickup truck, totally ignored him, went around the house and down into a field where Marc's horses were grazing. The man immediately began chasing the horses in a tighter and tighter circle. The horses had never been chased by a vehicle as Marc has only approached them on foot, and they are so gentle they follow him around like puppies.

As Marc knew the police would require 45 minutes to an hour to respond to an emergency call, he ran into his house and retrieved his rifle. He fired one of six bullets into the air. The man finally noticed him and sped uphill toward him. When Marc asked the man if he know that he was trespassing, the man said he was surveying. Marc said, "No, you're chasing my horses." The man said he didn't trespass as he came in from the southeast gate. Marc knew the gate was not to the southeast but directly south, and was wired shut because of a huge erosion ditch that made it unpassable.

The man said he was from the government but didn't have any identification. Instead he gave Marc a phone number to call to verify who he was. That excuse is used many times by scam artists and burglers when their friends answer the phone. Marc responded with "No, your trespassing and chasing my horses, now leave."

The man revved his engine and Marc stepped back as the man reached for the gear shift. Marc didn't know what was going to happen next. He didn't know if the man was going to try to run him over in that remote area with no one around and became fearful for his life. He knew he couldn't outrun the pickup truck as he was hemmed in on both sides by barbed wire fences. That's when he shot a hole into the ground through the radiator.

The man finally exited the vehicle and said, "You shot my tire," as he heard the hissing sound. Marc said, "No, I shot your radiator." The man said, "You just shot a g overnment vehicle." Marc said he didn't care if it was a government vehicle since the man was trespassing. Marc was still fearful of the man and tried to keep the vehicle between himself and the man.

Marc told the man to walk off the property. Instead, he started to approach Marc again, and asked if he could use Marc's phone. Marc told him to leave again. Clearly, the man was not afraid of Marc, but Marc didn't know who this person was, or what he was going to do next. He wondered why he was chasing his horses and if he had stolen the vehicle. The man had no identification that he was a government employee, nor were there any markings on the truck.

The man went back inside his pickup truck, gathered some papers together, and then headed for the southeast corner of the property about 200 yards away and a driveway which led to the highway.

Marc returned to the vehicle he was working on and called the police. When the police came half an hour later, Marc showed them the truck he shot, approximately where he was standing, and the shell casing. He handed over his rifle as requested, and wrote a statement. The man never did call the police.

The man, Duke Bourne, a native of Guyana, was a Soil Conservation Technician for the Bureau of Indian Affairs. In Oct., 2008, the Oglala Sioux Tribal Court dismissed the charge of Destruction of Government Property, an offense within their jurisdiction. Two months later, Marc was charged in Federal court with the charge of Depredation of Government Property as well as Assault of a Federal Official. Marc was acquited by a j ury of the Assault charge by reason of self-defense.

However, because Judge Richard H. Battey did not believe Marc was innocent, even though a 12-member jury had acquitted him, the jury was given instructions to find Marc guilty of Depredation of Government Property without the self-defense clause. The jury had no choice but to find Marc guilty. Yes, he did shoot the pickup truck but the reason was not allowed. Judge Battey after three months of keeping Marc in the Pennington County jail then sentenced Marc to three years in prison. He was moved to a federal prison in Big Spring, Texas.

The case was appealed and three judges of the 8th Circuit Court of Appeals, during the oral arguments, stated that Marc would have been acquited of all charges had the proper jury instructions been given. The Appeals Court then said all charges should be dismissed. Instead Judge Battey kept Marc imprisoned and the US Attorney once again charged Marc with Depredation of Government Property, a clear violation of Article 5 of the Amendments to the Constitution of the United States of America regarding double jeopardy, and overstepping the authority of the Oglala Sioux Tribe which had clear jurisdiction of the charge.

On Wednesday, May 19, 2010, a jury, given wrongful instructions again by Judge Richard H. Battey, found Marc Wisecarver guilty of Depredation of Government Property. His Sentencing Hearing will be held on August 10, 2010, at 9:00 AM in the Federal Courthouse on 9th Street in Rapid City, SD. The Appeal cannot be filed until after Aug. 10th. Marc will be imprisoned almost 19 months by then… for defending himself.

This case sets a dangerous precedent by allowing anybody to trespass onto any American citizen's property, say they are a government official without showing any identification or a warrant, and the American citizen will be charged if they try to protect themselves or their property. As a federal court case, it will also affect state laws such as SD law which allows for protection of your self and your property.

What you can do:

1. On the Internet go to http://www.uscourts.gov/faq.html for information on how to file a complaint against a judge.

2. Contact President Barack Obama, Attn: Jodie Archambeault, 1600 Pennsylvania Ave., Washington, DC 20500 demanding an immediate investigation of all the cases of Judge Richard H. Battey and the entire Justice system in western South Dakota.

3. Letters can be sent to: Marc Wisecarver, Pennington County Jail, 307 St. Joseph St., Rapid City, SD 57701-2889 Books sent from book stores can also be sent to this same address.

Every American citizen needs to get Involved! Your rights are at Risk!

Every one who believes in Justice, please show your support.

Here is an excellent article on Examiner.com

This was written during the protest. Will be sending another update soon.

May 18, 2010

Marc Wisecarver Case Summary

Two years ago, on April 29, 2008, Marc Wisecarver was working on his vehicle at his place in the country on the Pine Ridge Indian Reservation when a pickup truck roared past his house, ignoring 'No Trespass" signs, went into the lower pasture, and began chasing his horses. Wisecarver ran after the pickup shouting for it to stop. When he couldn't get the driver's attention, he retreived his rifle and fired it into the air. The driver of the truck finally quit chasing the horses, and turned his vehicle on Wisecarver. After a shouting match, the driver appeared ready to run over Wisecarver who fired a shot toward the ground through the radiator. Finally, the driver stopped the vehicle.

The driver, Duke Bourne, works for the Bureau of Indian Affairs (BIA) and stated that as a government employee, he can go anywhere he wants. This was in clear violation of BIA regulations that the landowner, or even a resident, must be informed when a BIA employee will be entering the property.

On Jan. 29, 2009, an all white jury in U. S. Federal court in Rapid City acquitted Wisecarver of Assaulting a Federal Official by reason of self-defense. However, because of faulty jury instructions, the jury asked for clarification three times from Judge Richard H. Battey. The Judge told them his instructions were clear and he would find them in Contempt of Court if they did not rule on shooting the pickup truck. Without being able to use the self-defense portion, the jury had to find Wisecarver guilty of Depredation of Government Property. Marc admitted to shooting the truck. Judge Richard Battey then sentenced Marc Wisecarver to three years in prison and three years probation. Wisecarver has no prior record, and doesn’t use drugs or alcohol.

In February, 2010, the judges of the 8th Circuit Court of Appeals in St. Paul, MN, said that Wisecarver would have been acquitted of all charges had the jury received proper instructions. (To hear the oral arguments go to 8th Circuit Court of Appeals online.) In their written opinion, dated March 22, 2010, they stated: “Accordingly, the judgment of the district court is reversed. The case is remanded to the district court with directions to vacate it’s judgment of conviction on the depredation count and its sentence.”

Rather than releasing Wisecarver immediately from the Texas prison he has been in since June, 2009, Judge Battey ordered the Federal Marshals to hold him in custody and return him to the Pennington County Jail. The US Attorney, Carolyn Olsen, has recharged Wisecarver, again, with Depredation of Government Property and a Hearing will be held on May 18th at 9:00 AM in the Federal Building.

This is the third hearing on this charge. As it is not a major crime, the charge was dismissed in Oglala Sioux Tribal Court who had original jurisdiction. The attending Tribal Police Officer, Paul Forney, were ordered by the BIA Superintendent, Robert Ecoffey, to arrest Marc Wisecarver or lose his job. He was never questioned in court about the incident to this day. Wisecarver is currently being held in the Pennington County Jail and has been imprisoned for more than 15 months.

For more information contact Mitchell Wisecarver or Charmaine White Face at bhdefenders@msn.com , or call 605-343-5387.

Statement from Marc Wisecarver’s Family

We are proud of Marc for standing up for his Constitutional and human right to defend himself. He is being held illegally after being acquitted by a jury by reason of self defense against an assault by a federal government official. To this day, that government official has never been charged with assault. Why?

We also wonder why a federal judge would continue to persecute Marc Wisecarver. Is it because he is a brown Native American?

We will continue to remind people that the violation of one individual’s Constitutional and human rights is a violation of every person’s rights. We ask the question of each individual: when will it be you who is sitting in prison for defending yourself?

Thank you.

Charmaine White Face formerly Wisecarver)

Mitchell Wisecarver

May 5, 2010 - Latest news on Marc Wisecarver

Judge Richard Battey received the written opinion the day before the attorneys, and instead of allowing any motions to be submitted, he immediately sent an order to the Marshalls telling them to bring Marc back for another trial which he scheduled for May 18th.

Yesterday, May 4th, Judge Battey conducted a hearing on whether to keep Marc incarcerated. He said he would give his written opinion in two days. In the meantime, Marc is still in jail when he should have been free weeks ago. As a federal judge, there is no oversight other than the US Senate from what we understand.

Submitted by Charmaine White Face

View the full Appeal Ruling

Apr. 16, 2010

This afternoon, the Public Defenders office called to inform us that the 8th Circuit Court of Appeals has sent Marc's case back to Judge Battey. The US Attorney has asked for another hearing.

Judge Battey has issued an order to the US Mashall's office to return Marc from the federal prison in Texas to Pennington County jail in Rapid City, SD. The Public Defenders' office said that Marc will be back here in a couple of weeks.

Judge Battey has also set a detention hearing for May 4th at which time he will determine if Marc should remain incarcerated until his next trial. A Hearing date has been scheduled for May 18th. This is a new jury trial on Marc's shooting the pickup truck that was used to run him over and was driven by a federal employee. Marc was acquitted of the first charge by reason of self-defense.

Marc was previously tried in Oglala Sioux Tribal Court for Depridation of Government Property and the charges were dismissed. This is not a federal major crime and we consider that Marc has already been tried twice and this is a violation of his civil and human rights.

Marc has now been incarcerated for fourteen and a half months.

Submitted by Charmaine White Face (Marc's mother)

Mar. 26, 2010

The unbelievable news on Marc Wisecarver

Hi Everyone,

This is the latest, unbelievable news on Marc!! Just when you thought it was all over.

I received this from his mother today. Will keep you all updated as I am.

Hi Brenda,

Talked to the attorney's secretary today. She said Marc is still in prison in Texas. The process is that once the opinion is given, then the US has 14 days to request a rehearing by the Appellate Court. If they do request a rehearing, it could take some more months. Marc will stay in prison all that time. If, after 14 days, the US Attorney does not request a rehearing, then the Appellate Court will issue an order releasing Marc from prison. So, we still have to wait. The secretary said they will call as soon as they hear.

This process is something else.

Charmaine

 

Mar. 23, 2010

Latest news on 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)

 

Feb. 11, 2010

UPDATE: Marc Wisecarver Appeal

Hi Everyone

I don't have the result of Marc's appeal yet, but you can listen to the case on this link:-

http://www.ca8.uscourts.gov/oralargs/oaFrame.html

Select Court Session and then February 2010, Marc's case is 09-1954

To search by Case Number, select Case Number and then enter 09-1954 and press search

You can play the court hearing or download it as you wish, it is about 31 mins long. It sounds quite positive, but who know's which way this will go? Please keep praying for Marc's release.

As soon as I have the results I will post them, so please keep everything crossed for a good outcome!!

Thank you for listening.

Brenda

 

Feb. 09, 2010

UPDATE: Marc Wisecarver Appeal

Here is the link to the 8th Circuit Court of Appeals which will hear Marc's appeal on Wednesday at 9:00 AM Central Standard Time in St. Paul, MN.

We are supposed to be able to watch the proceedings over the Internet but I'm not sure how to do that. This is a start for those who are more computer savvy than I am.

Document detailing court schedule: February 8 - 12, 2010 - St. Paul, Minnesota

Please, prayers for Marc and for his family.

Thank you.

Charmaine White Face (Marc's mother)

 

Jan. 19, 2010

Update on Marc Wisecarver

We have been notified by Marc's Public Defender that he will be giving Oral Arguments before three judges of the 8th Circuit Appelate Court on Feb. 10, 2010, in St. Paul MN. After that the judges will make a decision regarding Marc's case.

The waiting is getting very stressful on Marc. He would appreciate letters. The last I spoke to him, there is something going on in the prison so he keeps his books in his locker and doesn't read them. The situation isn't helping him to pass the time while he is waiting. So if anyone wants to send cards or letters, his address is:

Marc S. Wisecarver 10410-273
FCI Big Spring Federal Correctional Institution
1900 Simler Ave.
BIG SPRING TX 79720

He looks forward to receiving mail. It is the only thing he has to look forward to while he is in there.

I am attaching a picture taken in the prison.

Please pray for Marc and our family. Pray for Marc's healing also when he is finally released. This is such a trauma. Marc will be imprisoned for a year on Jan. 29, 2010.

Thank you all for your care and concern.

Charmaine White Face (Marc's mother)

 

Update on Marc Wisecarver - 30-Nov-2009

Nov. 12, 2009

US Attorney Brendan V. Johnson
PO Box 2638
Sioux Falls, SD 57101-2638

Dear Sir:

Congratulations on your recent appointment to the position of US Attorney. Many years ago I worked with your father when he was in the state legislature. I am sure you will make fair and just decisions as your father did.

The reason I am writing to you instead of the Assistant US Attorney in Rapid City is because my complaint involves some federal officials in western South Dakota. I am hoping you will be able to help. I don't know where else to turn.

This is the situation. Randall Hughes was a consulting computer expert for the Oglala Sioux Tribe's Public Safety Department for the past several years. He is married to the niece of BIA Superintendent Robert Ecoffey. On Jan. 1, 2009, Mr. Hughes submitted a signed application to lease a quarter-section of land to Morris Brewer who works for the federal probation office in Rapid City. I don't know Mr. Brewer’s exact title. Mr. Brewer's son, Scott, a partner in the ranch, lives with his father, and is a Probation Officer Assistant for the US Probation Office in Rapid City. (A copy of the lease application is attached.)

The land could not have been leased to anyone as it is undivided shares and there are other land owners, including my son, Marc Wisecarver. Mr. Brewer did ask Marc Wisecarver to lease the land a few years ago. Marc said no, he didn't want to lease it at all. I also own a share which the BIA will not recognize even though I have provided written proof of ownership. A third share, of six shares, is in probate from one of my sisters who passed away in 2005. All landowners would have to agree to any lease as the land is in undivided shares.

In order to lease the land, Marc had to be removed as he has lived on the land and since he was a child. A witness has told us that Randall Hughes bragged about hiring Duke Bourne, a BIA employee, to harass Marc and kill him if possible. Duke Bourne's plan backfired and instead, Marc stopped Bourne from running him over with a government pickup truck by firing a round downward through the radiator. Superintendent Ecoffey evidently approved the lease and then pushed the case into the federal courts for Assaulting a Federal Official and Depredation of Government Property.

A jury aquitted Marc Wisecarver of the charge of Assaulting a Federal Official by reason of self-defense. The Oglala Sioux Tribal Court had previously dismissed the case of Depredation of Government Property. However Supt. Ecoffey continued to push the Depredation charge even though this constituted double jeopardy on Marc as the Oglala Sioux Tribal Court had already dismissed the case with prejudice. This further raises the question of crimes applicable under the Major Crimes Act as the Oglala Sioux Tribal Court acted entirely within their jurisdiction.

Morris and Scott Brewer assisted in the preparation of the Presentence Investigation Report which included unfounded and false allegations and blatant misinformation about Marc and his family. Judge Richard Battey ordered the jury to disregard the self-defense acquittal and find Marc guilty of shooting the pickup truck or they, the jury, would be found in contempt of court. The jury had no choice but to find Marc guilty of Depredation of Government Property on Jan. 28, 2009. The maximum sentence for willful Depredation of Government Property is six-months. Marc Wisecarver had no prior record and does not drink or use drugs. He lives quietly by himself in the country home built by his great-grandmother raising his only daughter. Judge Richard Battey sentenced Marc Wisecarver to three years in a federal prison plus three years probation based on the deliberately prejudiced Presentence Investigation Report. (An appeal is in progress.)

Once Marc was removed, the lease went through and the Brewers had access to the land from which they took hay this past summer. The land is now permanently destroyed as the vegetation was cut so short, prairie dogs have taken over. The Brewers were clearly acting fraudulently in a conflict of interest when they assisted in developing the Presentence Investigation Report as they would benefit from Marc‘s removal from the land.

The discrepancies in this case include:

Why was Duke Bourne not arrested for assaulting Marc Wisecarver when the jury found Marc innocent by reason of self-defense?

Did Robert Ecoffey approve of the lease brought to him by Randall Hughes because Hughes is married to Ecoffey's niece? Is this why the BIA refuses to acknowledge the rightful ownership of my share of the land, as Randall Hughes would not have been able to purchase any land at all on the reservation if my ownership is acknowledged?

Did Ecoffey continue to pursue the lesser charge of Depredation of Federal Property as he knew Marc would be acquitted on the first charge of assault because he was acting in his own self-defense but the lease was already in progress? The Oglala Sioux Tribal Court had already dismissed the depredation charge in tribal court before it was brought to the federal court system.

The Brewers wanted Marc Wisecarver to be removed so they could lease the land. Were the Brewers acting as an accomplice with Randall Hughes in hiring Duke Bourne to get rid of Marc Wisecarver?

Mr. Johnson, I hope you will help in finding the answers to these questions, and bring about true justice. Because these officials all work with the federal court system in western South Dakota, now you understand why I must approach your office in Sioux Falls.

I look forward to your response. Should you wish more information, please let me know.

Sincerely,

Charmaine White Face

cc: Eric Holder, US Attorney General
Senator Tim Johnson
Marc S. Wisecarver

 

Update on Marc Wisecarver - Sept. 10, 2009

By Charmaine White Face

Marc Wisecarver is currently in a prison in Big Spring, Texas. He is in his eighth (8) month in prison. He was originally held in Pennington County Jail in Rapid City, SD. He was then moved to Sioux Falls, SD, on to Oklahoma, then finally Texas.

For anyone who wishes to write to him, his address is :

Marc S. Wisecarver 10410-273
FCI Big Spring Federal Correctional Institution
1900 Simler Ave
BIG SPRING TX 79720

Gary Colbath Jr., the federal public defender for Marc, was finally able to submit his Appeal Brief on July 28, 2009, after months of trying to obtain the entire trial court transcripts. In the Appeal Brief, Mr. Colbath showed, using the court transcripts, that the US Attorney also agreed that the instructions given by the Judge to the jury were wrong. The United States Attorney had 21 days to respond. The US Attorney has asked for and was granted 2 continuances. Their response is now due on Sept. 15th increasing the time Marc will be incarcerated before his Appeal can be considered by the three (3) Federal Appellate Judges.

Mr. Colbath also included 5 pages of law and other citations in his Appeal Brief exposing the violation of Marc's Constitutional Rights and the illegal incarceration for ‘depredation of government property'. The sentence for ‘depredation of government property' is only 6 months. However, Judge Richard H. Battey chose to sentence Marc to 3 years in prison, and 3 years probation plus restitution.

The injustices in this case are blatant!! A man is found innocent of assaulting a federal employee by reason of self-defense by a 12 member jury. Yet the same man is found guilty of stopping the weapon used against him, in this case, shooting the radiator in a pickup truck. If the weapon had been a gun, and Marc shot the gun out of the assailants hand, would he still be guilty of vandalizing federal property? It is the same situation.

Judge Richard H. Battey deliberately refused to give the jury a copy of the transcript which they requested during their deliberations. Judge Richard H. Battey refused to give the jury a copy of the law when they asked for it. Judge Richard H. Battey deliberately gave the jury wrong instructions. Why? What hold does Randall Hughes or Little Bob Ecoffey have on the Judge?

The corruption in this case is rampant. Randall Hughes fraudulently obtained one of the six undivided shares on the land where Marc lives. Marc also owns a share. Another of the undivided shares is in probate. Randall is married to the neice of the BIA Superintendent, Little Bob Ecoffey. Randall bragged that he hired Duke Bourne, the man who tried to kill Marc with his pickup truck. Randall had leased all of the land to Morris Brewer, a federal parole officer, the first part of the year, 2009. Morris Brewer previously asked Marc to lease the land. Marc said no. Since the land is in Probate with undivided shares, no lease can be lawfully given to anyone. Morris Brewer helped provide false information in the Presentence Investigation Report on Marc that was given to Judge Battey prior to sentencing. This past summer, in Marc's absence, Morris Brewer cut and removed the hay. Randall received the lease money. Marc had to be removed from the property in order for this to happen. Duke Bourne is still working as a Soil Conservation officer and is protected by Little Bob Ecoffey, the BIA Superintendent. Randall Hughes works as a computer consultant for the Oglala Sioux Tribe's Public Safety Department. Again, what kind of hold, or deal, was made between Randall Hughes, Little Bob Ecoffey, and Judge Richard H. Battey? Why was it so important to kill, or remove Marc from his home?

 

Update on Marc Wisecarver -- Aug. 6, 2009

Marc called from Texas this morning and he is doing as well as can be expected considering where he is located. In another call he explained how he handled the issue of the $40 per month at their general meeting with everyone in attendance. The amount was lowered back to what the Judge ordered, which was half of his account every quarter (three months). Attached is the Judge's order.

His Appeal Brief has finally been sent in as the Public Defender had difficulty in getting the transcripts of what had occurred in the judges chambers. The Appeal Brief appears to be excellent. A copy of the summary is attached. Now the issue resides with the Appelate Court Judges. Eight judges located in St. Louis, MO, and St, Paul, MN have received the brief and three will be chosen to make the determination. It will again take a few months, but miracles do occur.

We, Marc's family, are hoping the entire case will be totally dismissed if that is possible. The attorney is asking for a remand and retrial. The attorney is also asking for oral arguments in front of the Appeals Court. As soon as we know, another update will be sent.

Thank you all for your wonderful support, cards, and letters. However, some of you have sent money to Marc's address in Texas. That is NOT the place to send any funds. The money will be returned to you if there is a return address on the envelope. If there is no return address, the money is being sent to me and I deposit it into Marc's Legal Fund Account. The address for the Legal Fund Account is PO Box 4002, Rapid City, SD 57709. We have a non-profit account for him at one of the local banks and send him funds for his phone cards and commissary out of that as well as other expenses such as storage for his things. Letters may also be sent to him at this address, PO Box 4002, RCSD 57709, and they are sent to him. His address in Texas is: Marc S. Wisecarver 10410-273, FCI Big Spring, Federal Correctiional Institution, 1900 Simler Ave., BIG SPRING TX 79720

For those wishing to send funds directly to Marc, there are two ways to do so:

If sending money through the mail, use a Postal Money Order as it will clear faster. The address is:

National Lock Box
Marc Sean Wisecarver
10410273
PO Box 474701
Des Moines, IA 50947-0001

Another way is through Western Union either through the phone with a credit card, or at a Western Union Office. Either way, the process is through Quick Collect which is a process of Western Union..

The phone number is 1-800-238-5772, and the fee was $8.95 plus tax for $100.00; $10.54 for $200. This was from Rapid City, SD. I don't know how much it will be from other countries or states.

The other way is from a Western Union Office. Ask the clerk for the proper form for Quick Collect. The following information is then put in:

Amount: __________

Pay to: Marc S. Wisecarver Inmate No. 10410273

Code City: FBOP DC (This stands for Federal Bureau of Prisons, DC.)

From Western Unioin, Marc will then receive the funds into his account within an hour.

The prison is getting to Marc as he is used to being in the wide open spaces of the country life, not confined as he is. Letters and cards will help him be able to withstand this unjust confinement. Prayers will help a miracle to occur.

Thank you again, all of you, for your support and prayers. You have no idea how much we appreciate your wonderful support and encouragement.

Sincerely,

Charmaine White Face (Marc's mother)

 

Update on Marc S. Wisecarver - July 10, 2009

Marc has called and he is in a Minimum Correctional Facility in Big Spring, Texas. All together, he has been incarcerated for more than six month now, as he was taken into custody on Jan. 29, 2009.

For those who wish to write directly to him, his address is:

See above

First, I want to thank all of you who have written cards and letters. We have forwarded them to him, and any money donations have been deposited in his legal fund. He has his own mail box now so any further correspondance can be sent to: Marc Wisecarver, PO Box 4002, Rapid City SD 57709-4002.

He is going through Admissions and Operating Procedures now at the prison. There are 80 inmates in the unit in which he is located. There are approximately 1,700 inmates in the prison. He said that half are there to just get their time done, however, the other half are trouble makers. There was a race riot in one of the other units the first week he was there. He was told he might be moved to that unit. It is primarily black and white. Very few brown inmates are at this particular prison. He has met two other Native American men from South Dakota.

On an even more troubling note, Marc was told by a Counselor in the Prison that he must sign a contract so that $40.00 per month may be taken out of his account. If he doesn't agree to this, his Commissary privileges will be taken away and he will not earn any points. There are things he needs in prison that he can get from the Commissary such as a water bottle, and a cup, or tennis shoes, and instant coffee. He asked the Counselor if this means he will be able to work, but was told no, he must get the money from his family. Marc told the Counselor he will not sign the contract as he sees this as extortion on his family. He told the Counselor that they kidnapped him, are holding him hostage, and now the prison system is trying to blackmail his family by making it hard on him in prison unless we send him money. Again, he reiterated that he will not sign the contract. The Counselor told him that he has until Aug. 1st to sign the contract then all Commissary privileges will be taken away. We don't know if this also means phone privileges as well. Marc is basing his refusal on the principle of the issue.

Marc knows I live on a small disability check and now I'm also keeping his daughter. We have been sending him money through the donations made to him as we are unable to do so by ourselves. I keep thinking of all the others whose family and friends are too poor to help, which is where we would be if not for the generosity of all of you. I am not telling you this to get more money, but to let you know what is happening to him.

We are also concerned as Marc's Public Defender has asked for a third continuance on filing the Appeal Brief. It is now scheduled to go in on July 23rd. Our concern arises as this attorney told me and Marc's brother, Mitchell, that they were working on the Appeal Brief in February as this was an easy case to appeal and the Brief could be sent in shortly after the Sentencing. Marc was sentenced on April 21st so we are wondering why the delay. It is very traumatizing to Marc. When we are not able to reach the Public Defender to ask why, it also traumatizes us.

Marc also told of an incident that happened last evening where he might have been set up by two guards. He said he would let us know today what happened, but he has not called yet and it is now 10:40 PM.. He has been calling at least once a day since getting there and being able to get and use a phone card. We didn't know where he was for two months. We hope nothing has happened to him and that he will call tomorrow. Please pray that he is safe.

It has been very hard for me to write these things but I will keep you all informed the best that I can. For those who have experienced deep grief, this is what it feels like only it has no end. This has been going on for six months. Often, this grief is paralyzing. My son, Mitchell, and granddaughter, friends, and colleagues have all been very supportive.

Thank you again for all your understanding, kindness, and generosity.

Sincerely,

Charmaine White Face (Marc's Mother)

 

Here is an update of latest developments for Marc Wisecarver - 4th July 09. Plus a reply from the UK Foreign and Commonwealth Office!

I can tell you that Marc is in a Federal prison in Oklahoma, but doing ok so far. He has the contact with his mom and family, which is a great relief for them all as you can imagine. Marc may be staying at the Oklahoma prison, but also could be shipped off to another one without proper notice, which is the fear for the family. Hopefully this will not happen, but it is a cloud that constantly hangs over Marc and his family.

I have been writing and sending information on Marc's case all over the world, everywhere I can think of and to anyone that may be willing to listen, including our Foreign and Commonwealth Office over here in the UK.

I have had a reply from the Foreign Office, from the North America Team and am putting this reply out for all to see!

Foreign and Commonwealth Office
North America Team
King Charles Street
London
SW1A 2AH

25th June 2009

Dear Mrs Parsons

Thank you for the letter of 5th June to the Foreign and Commonwealth Office and about the case of Marc Wisecarver, a member of the Oglala Native American Tribe and highlighting the plight of the Lakota tribe. I have been asked to reply as a member of the North America Team.

The UK takes its obligations under international law very seriously. As a general rule we will only sign and ratify an instrument when we can ensure our full compliance with it. However, the International Labour Organisation Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries sets out a framework for the way in which states parties to that Convention operate with regard to Indigenous People within their own territories.

The UK has not ratified ILO Convention 169 because, as there are no Indigenous tribal or semi- tribal people here, we have assessed that the Convention would not be applicable to anyone in the United Kingdom or Overseas Dependent Territories.

The Government believes that there is no evidence to demonstrate the UK signing the ILO Convention 169 would have a positive impact on the lives of Indigenous people. We do not have jurisdiction in territories where the rights of Indigenous people may be violated. There are other International instruments that the UK supports like the UN Declaration on the Rights of Indigenous People agreed by both the Human Rights Council and the UN General Assembly in September 2007.

With respect to your specific request regarding the status of the Lakota Indians of the United States and the case of Marc Wisecarver, I am afraid that the US domestic issues are a matter for the US authorities. As such I regret I cannot intervene directly on this issue, just as we would not expect the US to interfere in our own domestic processes.

I am sorry that I am unable to give you a more welcome response to your enquiry.

Yours Sincerely etc .

The USA have also not signed the ILO Convention 169 !!! http://saiic.nativeweb.org/ayn/schulting.html

It would give a lot more rights to Indigenous Peoples in all areas, so no surprise there that the USA and UK have not signed this Convention!!

I think the phrase “Passing the Buck” is very apt here, don't you!!

I would like to thank everyone that has written to various sources about Marc Wisecarver's case, and to urge people to continue to do so. I will post updates on a regular basis, and please know that Marc and his family are truly grateful for all the help and support that has been given so far.

Donations for Marc can be sent to :- Please see above

LET THE SPIRIT LEAD!

Brenda - www.lakota-aid.co.uk

 

An Update on Marc Wisecarver: - 14-06-09

I am Marc's mother and finally found where Marc was. He was taken from the prison in Rapid City without notification to myself, or the family last month, and after a few weeks he was finally located and letters and funds were sent to him so he could have phone privileges and for whatever else he needed.

At this point he was in Sioux Falls Penitentiary, SD.

Myself and the family waited all week for him to call. Today the mail returned our letters from the SD Penitentiary in Sioux Falls saying he was discharged, which means he is no longer at that prison but is probably being transferred to another prison. Again, no one knows where he is in the prison system. It is very hard not knowing. It is really hard.

We are very worried about him since our information was that he would be in Sioux Falls for a few months. We have not had any contact with him in over 6 weeks.

Please pray for all of us and especially that Marc has not been physically harmed.

We know the mental and emotional toll he has already endured.

Thank you.

Charmaine White Face (Marc Wisecarver's mother)

 

Tituwan Oyate

Teton Sioux Nation Treaty Council
1315 E. St. Charles St., Rapid City SD 57701

Press Release

June 1, 2009

New York City, NY -- A delegation from the Teton Sioux Nation Treaty Council (TSNTC) flew out of New York City on May 30, 2009, after attending a two-week session at the United Nations. The Permanent Forum on Indigenous Issues was in session. The delegation included Spokesperson Charmaine White Face, Janice Larson from Lower Brule, Clifford White Eyes Sr. from Rosebud, and Garvard Good Plume, Pine Ridge.

The Teton Sioux Nation Treaty Council was established in 1893 by Chief He Dog specifically to uphold the terms of the Fort Laramie Treaty of 1868. Delegations from the TSNTC began their efforts in the United Nations in 1984 after exhausting all remedies in the United States. TSNTC delegations have attended most of the sessions of the Permanent Forum since the first session in 2001. This is the Eighth the Session.

The UN Permanent Forum provides an opportunity for the Nation States, who are members of the United Nations, to hear issues directly from Indigenous Nations and peoples. It also provides an opportunity to meet with officials of UN agencies and offices, and to meet and network with representatives of other Indigenous nations and peoples.

On the floor of the session, the TSNTC gave recommendations in two different presentations called ‘interventions' in the UN system. The first intervention was supported by the Ochapowace Cree Nation in Canada and the Lipon Apache Women's Defense from Texas. Supporters on the second intervention included the Ochapowace Nation (Canada), Aboriginal Commission on Human Rights - Canada, Indigenous Women's Network - Canada, and the Federation of Saskatchewan Indian Nations.

A consistent recommendation for many years from the TSNTC has been the need for an International process to mediate the upholding of the Fort Laramie Treaty of 1868 made by the Great Sioux Nation with the United States. A similar recommendation was made by the Representative from Greece, Madame Erica Irene Daes, an expert on Indigenous Issues.

A second recommendation was for studies on the impacts of uranium mining on the entire environment of the Treaty Territory. The pollution and water runoff from the more than 1,000 abandoned uranium mines and prospects in the Territory, and the impacts to the groundwater caused by more than 10,000 uncapped and unfilled exploratory wells drilled 40-45 years ago must be investigated by objective investigators.

A third recommendation requested the World Health Organization (WHO) to do a study of the impacts on Indigenous Nations and Peoples of uranium mining, development, testing, wastes, and any other aspects of the nuclear industry. In the final hours of the Session, this third recommendation was approved by the 16 members of the Permanent Forum. This move greatly surprised the TSNTC delegation but they were extremely happy with this success.

In another action, the TSNTC also requested James Anaya, the Special Rapporteur on the Human Rights of Indigenous Peoples to come to the Treaty Territory to conduct an investigation into the Human Rights violations experienced by the people of the Great Sioux Nation. Further information regarding his possible visit will be made available at a later date.

Meetings are being planned for the delegation to give their reports, to celebrate the approval of the recommendation, and to plan for the World Health Organization visits.

For further information contact Charmaine White Face at 605-399-1868, or email: bhdefenders@msn.com

 

UPDATE FOR MARC WISECARVER 09/05/09

Hi Brenda,

I just called to make an appointment to see Marc. He was sent out yesterday. They don't know where. His attorney after the sentencing said he would be sent to the state prison first, in Sioux Falls, SD.

The Public Defender sent a Post Sentence Release motion to the Appelate Court on Monday, electronically. We might hear today. If they approve, he will be released pending the outcome of the Appeal. Right now he is in a state prison.

Please, we need many prayers for Marc's safety and strength, and for his family to be able to continue.

Thanks so much.

Charmaine White Face (Marc Wisecarver's mom)

Lakota Aid

 

Hi Everyone

This is the new P.O Box number for Marc Wisecarver. Still no news as to which Federal prison he will be sent to, but any letters for him can be sent to this address and they will be forwarded to him.

I will keep everyone posted as to more developments here , so watch this space!!!!

Marc Wisecarver Legal Fund
c/o C. White Face
PO Box 4002
Rapid City, SD 57709

Thank you to everyone who has followed this appeal for Marc so far, and who have sent letters to him and to the Senators etc. Please keep this going, we cannot give up yet!!

Best Wishes

Brenda - www.lakota-aid.co.uk

 

ABUSE OF THE U.S. CONSTITUTION AFFECTS ALL

Marc Wisecarver was raised in Wounded Knee District on the Pine Ridge Indian Reservation, in the country about 9 miles north of Manderson, SD. Marc attended Rockyford School, Red Cloud School, and graduated from Little Wound High School in 1988. He is 39 years old, was in the Marine Corps, attended college, and is a logger, firefighter, ranch hand, mechanic and single dad. He's raised his daughter, Robin, since she was one-year-old. He doesn't drink, do drugs, and is recognized as a good man in the community.

Marc has had a number of trespassers on his place over the years and always called the police. Last April, 2008, a pickup truck zoomed past his house where he was outside working on his vehicle. There are ‘No Trespass' signs at the two entrances and on the fences to his place. He tried to wave down the truck as it proceeded into the bottom field and began chasing his horses. He got his rifle and fired a shot into the air. This got the driver's attention but the driver turned his vehicle at Marc as if to run him over. Following a verbal confrontation, the driver gunned his engine again with his hand on the gear shift as if to hit Marc.

Marc fired a shot into the truck's radiator to get the driver's attention and hopefully stop the vehicle from running him over. The driver never introduced himself as a government employee but was later identified as a BIA soil conservation officer. Marc immediately called the tribal police after the man left, and assisted them in their investigation. Although the tribal police did not want to arrest him, the BIA Superintendent insisted and Marc was jailed and charged in Tribal court with discharging a firearm and destruction to government property. The charges were dismissed in tribal court. The trespasser named Duke Bourne was never charged with anything in tribal, state, or federal court.

Four months later, in August, 2008, Marc was charged in federal court with Assaulting a Federal Employee. In Dec., 2008, he was charged with Deprivation of Federal Property. On Jan. 29, 2009, Marc was found Not Guilty by reason of Self Defense by a jury. Nonetheless, because the Judge separated the charges, he was found guilty of Deprivation of Federal Property and jailed. On April 21, 2009, almost a year after the incident, Federal Judge Richard H. Battey sentenced Marc to three years in a federal prison and three years supervised release! These actions by this Eighth Circuit Federal Court violate the U.S. Constitution and affect everyone. The US Constitution provides that a person can protect themselves and their property.

For more details on the case:

During the time of Marc's initial incarceration, the attorney advised no publicity until after the sentencing. He was concerned for Marc's safety and retaliation by Judge Richard H. Battey. However, the family has friends in Europe and England and the information was being sent out. Brenda Parsons founded and manages Lakota Aid - UK, a non-profit foundation. Marc's detailed report written May 4, 2008, is on her website as well as a petition. For more information go to: http://www.lakota-aid.co.uk/lkmarcpetition.htm To send email messages to Marc: LewJas@aol.com

What you can do:

1. Marc does handyman work like so many other men on the Pine Ridge Indian Reservation trying to provide for his family. Neighbors and family are taking care of his place and animals. However, funds are being raised to help with his expenses while in prison as well as the expenses to increase the awareness of this Injustice.

Donations and Letters to the Marc Wisecarver Legal Fund may be sent to:

2. Anyone who knows Marc would know that he is always concerned about other people. He has said that there are some in jail who should be there, but that there are others who are also unjustly incarcerated, and that there needs to be some way to help the innocent.

Please send a letter to Attorney General, Eric Holder, President Barrack Obama, Senators Jim Webb and Arlen Spector asking for a thorough investigation into the federal justice system in western South Dakota. Due to the number of Constitution violations, six in this particular case, all of the cases handled by Federal Judge Richard H. Battey must be examined. Constitutional violations by a federal judge set precedent that affects every American.

Letters can be sent to:

Eric Holder, Attorney General
US Department of Justice
950 Pennsylvania Ave. NW
Washington, DC 20530

President Barrack Obama
The White House
1600 Pennsylvania NW
Washington, DC 20500

Senator Jim Webb
248 Russell Senate Office Bldg.
Washington DC 20510
Fax: 202-228-6363

Senator Arlen Spector
711 Hart Senate Office Bldg.
Washington DC 20510
Fax: 202-228-1229

Also, please begin sending letters to the following as these are Human Rights violations in the middle of the United States.

Amnesty International USA Human Rights Watch
Mid-West Office 1630 Connecticut Avenue, NW, Ste. 500
53 West Jackson Washington, DC 20009 USA
Suite 731 Tel: 202-612-4321
Chicago, IL 60604 Fax: 202-612-4333
Email: aiusamw@aiusa.org
Email: hrwdc@hrw.org

The South Dakota Congressional delegation must also be made aware of this situation.

Please send letters to:

Representative Stephanie Herseth-Sandlin
331 Cannon House Office Building
Washington, DC 20515

Senator Tim Johnson
136 Hart Senate Office Building
Washington, DC 20510-4103

Senator John Thune
United States Senate SR-383
Washington, DC 20510

 

Hi Everyone

Here is the latest update on Marc Wisecarver, and it is an outrageous decision by Judge Battey!!!

Something has to be done about this injustice to Marc, and the addresses of two US Senators are listed after the update, as to where people can write to protest about this outrage to Marc and the utter distress it has caused to him and his family!

These 2 Senators are showing concerns and action regarding the justice and incarceration issues in the United States. The more letters they get the better!!

Update on Marc Wisecarver

On Tuesday, April 21st, Judge Richard H. Battey sentenced Marc Wisecarver to three years in a federal penitentiary, and three years supervised release. Surprisingly, the judge did not order a fine, only restitution of about $3,100.00.

The sentencing hearing was a sham as Judge Battey allowed witnesses and testimony with no relationship to the damaged vehicle. Marc's defense attorney, Gary Colbath argued very well in an uphill verbal barrage from the judge. The judge stated that the man named Duke Bourne, who tried to run over Marc, was not trespassing because he was a federal employee and could go anywhere he wanted. The judge further speculated that Marc was a very violent man, had assaulted a federal official, and needed to go to prison so that violence could be stopped on the Indian reservations. There was standing room only in the courtroom which was packed with Marc's supporters hoping that he would be released.

Although Marc's lawyer is appealing the charge, verdict, and sentence, the lawyer told Marc's family and supporters at a gathering after the hearing that it will be a minimum of five months before the appeal process will be complete. During that time, Marc must remain in a federal prison.

Supporters are starting a group to plan what other actions can be taken.

The details needed are as follows:-

Senator Jim Webb
248 Russell Senate Office Building,
Washington DC
20510
Fax 202-228-6363

Senator Arlen Spector
711 Hart Senate Office Building
Washington DC 20510
Fax 202-228-1229

Marc's hearing was on April 21st 2009 at:-

United States District Court District of South Dakota Western Division, United States of America vs. Marc Wisecarver CR. 08-50087 Richard.H.Battey, District Judge Letters of protest can be sent to wherever you feel it would have some impact ie:- newspapers, human rights groups etc, in Europe and the USA, as well as the US Senate and even the President himself!!

I will also be putting a section out on the website where people with similar stories of injustices to the Native Americans in South Dakota, can contact me. It will be very interesting to see how many cases can be gathered over time,that will hold even more clout into forcing the hand of the US government to investigate the way the justice system works (or not as the case is!!!!).

I will post more news as I get it, in the meantime keep signing the online petition http://www.lakota-aid.co.uk/lkmarcpetition.htm

This is still showing great support for Marc, and he knows that we are all trying hard to fight this injustice against him, which is giving him some hope at least.

Thank you to all the people that have signed the petition so far, and thank you in advance for all of you that send letters of protest out.

You can contact me anytime on lewjas@aol.com

Thank you all you lovely people. Remember, together we can make an impact !!!

Yours very gratefully Brenda

 

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

Marc Wisecarver 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)

 

HAND-WRITTEN STATEMENT OF MARC S. WISECARVER

MAY 4, 2008

(typed by Mitch Wisecarver, brother)

05-04-08

Page 1-of-6

To whom it may concern. My name is Marc Sean Wisecarver. I am a member of the Oglala Lakota People, located in South Dakota, on the Pine Ridge Indian Reservation. I grew up in a house 9 miles North of Manderson South Dakota. The house and property belonged to my great grandmother Maggie Whiteface, who willed it to her 6 grand children. She aquired the property after being kicked out of the Bombing Range by the Government of the United States. My mother gifted me her 1 share of the property, 26.5 acres out of 160 acres total. She also purchased 1 share of property from her sister Germaine Hughes, who then sold the same share to Randy Hughes, and signed the property over to Randy Hughes. Randy Hughes then began harasing me and my family thretening to evict me and hiring people to develop the property with out clearing up the deprivation of the property from my mother or ownershiop of the 4 remaining share holders. I have posted the land NO TRESPASSING and last fall I met at my residence with Randy Hughes and my other cousin Troy Brave Heart. At the meeting we discussed ownership of the property. Troys mother had recently passed away and he beleaved that he would inherit her share of the property. Randy said that he owned the remaining shares even thought I was never aware of the sale of the shares to the undevided property. We all agreed that the 1 share that Randy fradulantly obtained from his mother would be gifted to Charmaine Whiteface (my mother) and that when a true will or propf was made that Troy and Randy owned what they stated, then we could sit down and make some honorable decisions concerning their interest in the property and its development.

Page 2-of-6

And that untill we could all agree that everything concerning ownership was over and above board. Then the property would not be developed and that I would continue to care take and protect the property as the resident land owner.

I am 38 years old. I am a High School graduate I have attended college. I am a Marine 89-90. I have worked as a Corrections Officer at the Pine Ridge Jail 90-93. I have worked as a Hotshot/Helitack Fire Fighter and also I.H.S. Security.

On 4-29-08 a man in a pickup truck trespassed on my property without permission and crossed a posted barbed wire boundry to gain entrance with out approaching the house or myself to ask permission or identify himself. I was working outside in my pickup and noticed the pickup drive by. I waved and yelled to get the mans attention he ignored me and drove across my driveway and down into the field south of my house. I went into the house and retrieved a rifle because I was startled by the mans disregard for my boundrys, and I became concerned for my safety. I went to see what the man was doing and he was chasing my 4 horses in a circle in the south field and pushing them in such a small circle that I was concerned that he would injure one. One was already injured and in the process of healing, before being chased. I fired a shot into the air to get the mans attention away from my horses. He slowed his pickup and turned into the middle of the circling horses. He then stopped his pickup faceing me from about 125 yards away. I was on highground by a corner post and the man then began to drive in a easterly direction parellell to my position. I then began to move easterly along the ridge.

Page 3-of-6

The man then truned in my direction and I stopped to assess an escape route for myself. I would not be safe against a vehicle attack. I then took a defensive posture with the pickup and the man approached and slowed about 20 yards away. I approached and ordered the man out of the vehicle and off of my property. He said he was surveying and refused. I again ordered him out of the vehicle and off of my property. He reved the vehicle motor and I shot a round across the front of the radiator and toward the ground. The man then jumped from the vehicle and came toward me. I backed up into a defensive position hand to hand bayonet posture style, never pointing the weapon at the man. The man said this is a Govt. vehicle, did you shoot my tire. I said no I shot your radiator. I then ordered the man to get off of my property. He said do you have a phone I said yes. He said can I use it . I said no get off of my property, get away from my house, LEAVE. He went toward the pickup door and I quickly followed at a safe distance. He got a pile of papers off of his car seat and I again told him to leave. He began walking south away from me and my house and horses. I then called the Police and reported that I shot a trespassers radiator and requested assistance. About 1/2 hour the Police arrived, 3 Tribal Officers, 2 BIA Officers, and the Superintendant. I recognized Officer Alec Morgan, Officer Paul Forney, Officer Carl Martines and Little Bob Ecoffey. I was introduced to a female Officer Hudspeth by Officer Forney. Officer Morgan administered a PBT with results of 0. Paul Forney had me write a statement. Officer Martines marked the location of 1 cassing and the pick up tires with orange paint and an approximate where I was standing when I shot the radiator. He then said that

Page 4-of-6

I had to go get my rifle for their investigation. I took Officer Martines and Alec Morgan to my house and turned over my Glenfield Mod 305T rifle to Officer Martinez. We then walked back out of the house and put the rifle in Officer Martinez vehicle. I told Officer Martines and Officer Morgan that the tresspasser walked across 350 yards, the south field and got into a white pickup that appeared to be John Twiss and that they parked on the highway for awhile then left the area. Officer Martines then got his camera and was takeing pictures. Officer Forney and Hudspeth were looking at my horses who walked up to the area where we were and my daughter just arrived home from school. Little Bob was talking to Carl Martines and Officer Forney. Officer Forney then called me to his vehicle and told me that they wanted me arrested but he would summons me. I then asked well what about the tresspasser. I want him charged, thats why I called you. Officer Forney then said that I could bring that up at court. I said well is that it? I can go? Officer Forney said yes. I then walked home and called my mother and told her what was going on. A tow truck came and took the pickup. The Officers were talking by their vehicles and Officer Martines was walking around taking pictures. I then noticed that the vehicle tracks started at the Northwest gate below and behind my house, up behind my pickup turned inside the north gate and across the driveway. All the gates are posted. The tribal Police then left and Officer Martines and Little Bob Ecoffey were in their vehicles in front of my house. Officer Martines called me over to his vehicle and asked me to sign a receipt for my rifle. I did and asked for a copy. He said he would bring me one. I told him to write me one. He said Ill Bring you one tomorrow. I told him I need one

Page 5-of-6

now before you take my rifle. He said I have no reason to F**k with you. I said I need one today. He then said Did you know that was a government employee. I said I dont know who that was, they crossed my boundry that is posted. They did not identify themselves. He chased my horses. He reved his motor at me in a threatening way. I dont care who he works for. Carl then said do I know you. I told him yes, I used to be a jailer. I worked with you and your brother back in the early 90's. He then reached over to shake my hand and we shook. He then drove away Little Bob Ecoffey followed while we were talking I noticed Officer Forney pulling back into the driveway. I walked over to his unit and he asked what they were saying to me. I told him that Carl would not give me a receipt for my rifle and that they were trying to intimidate me because I think that tresspasser was one of Little Bobs boys. Officer Forney then said ok, just checking on you. I told him thanks. He then left.During the whold time those Officers were at my place the behavior of the Tribal Officers was friendly, while the 3 BIA people came in displaying body language and behavior that indicated to me that they were disgusted and trying to intimidate me. Friendly or not, none of the Officers seemed interested in the tresspasser. I then got my daughter and we went to manderson to get some tobacco and pop. I wanted to calm down because that was a tramatic invasion by both the tresspasser and the Police. I went down to my sisters house at Kiza park area and visited with the White Hawk family for awhile when Officer Forney pulled in and told me that he did not want to arrest me but that Joe Herman, Little Bob Ecoffey, and Milton Bianas were thretening his job if he did not pick me up. I told my daughter to stay with Denise and that I would be back. I then went with

Page 6-of-6

Officer Forney. I rode in the front seat and we visited about my work as a forester. I was never told that I was under arrest. I asked him what I was being charged with and he said they ordered him to put me in jail. I asked who? He told me Joe Herman, Milton Bianas, Little Bob Ecoffey. I asked well what are you going to say at court? He said that I was ordered to put you in jail or loose my job. I then said well what are the charges? He would not answer. We arrived at the Pine Ridge Jail and I was processed, photographed, searched and had to change over into jail clothes. I was never told I was under arrest. I was never told what my charges were. I told the jailer that I was a former jailer and I was placed in a security cell. I was locked in a security cell from about 08:30 pm on 4-29-08. I was asked if I wanted a phone call on 4-30-08 at about6 02:00pm. I called Denise White Hawk and I then asked the jailer what I was charged with. She told me weapons violation and damage to Govt. property. I was then returned to the security cell. At about 4:00pm a jailer came opened the cell door and told me I was released and handed me a temporary release order signed by a tribal prosecutor and judge to appear for arraignment on 5-06-08 at 1:00pm. Denise called me on 5-4-08 and told me that she heard that the Police are looking for me to arrest me. I have a temporary release granted by a judge. I feel my rights are being viiolated and request help and assistance and protection if at all possible. thank you.

Marc S Wisecarver

5-4-08

CONCLUSION

Marc Wisecarver appeared in Tribal Court in Oct. 2008. His case was dismissed with prejudice. However, in Aug. 2008, he was charged in United States Federal Court with Aggravated Assault against a Federal employee. We were told the charge was pursued by the BIA Superintendent Ecoffey. Marc was never arrested as he turned himself in as soon as he heard that charges were pending. He was released on Personal Recognizance with no money bail necessary.

In Dec. 2008, an additional charge of deprivation of federal property, stemming from damage to the pickup truck, was added.

The man driving the truck said that he was: 1) checking the brands on the horses, and that was why he was chasing them; 2) that he was surveying the land; 3) that he was appraising the land. It eventually became known in court that he is a Bureau of Indian Affairs' soil conservation officer. Brands are checked by the state brand inspector. The man was neither a land surveyor nor land appraiser. He was never charged with trespassing and continues to work for (Little) Bob Ecoffey, the BIA Superintendent. Randy Hughes is married to Ecoffey's niece.

Marc Wisecarver was found innocent of Aggravated Assault by reason of Self-Defense by an all-white jury on Jan. 29, 2009. However, because the judge purposely issued faulty instructions to the jury, Wisecarver was found guilty, after many hours of deliberation by the jury, of Deprivation of Federal Property, the amount of damage less then $2,500 (US). The judge immediately had Wisecarver incarcerated with no release until sentencing on April 21, 2009. Wisecarver could be sentenced to 10 years in prison on a charge that should have never occurred, as the federal property was the weapon that was used against him. In any acquittal based on self-defense, all other charges are automatically dropped.

Recently Randy Hughes has told one of Wisecarver's neighbor's that the horses must be removed or they will become “dog meat.” Hughes has been trying to gain control of all the land in question in order to sell it. According to BIA regulations, Hughes must have had land gifted to him in order to purchase any more land. The land he purchased from his mother, Germaine Hughes, was land she already sold to her sister, Wisecarver's mother. At the time Hughes purchased the other parcels, he did not legally own any land on the Pine Ridge Indian Reservation.

Wisecarver's mother initially purchased the land from her sister, Germaine Hughes, when Randy was in jail as a juvenile. At age 17, Randy Hughes beat another boy with a bat to the brink of death. Germaine Hughes approached Wisecarver's mother in order to have the funds necessary to help Randy obtain legal assistance. Randy did receive the legal help and was released.

Randy Hughes never lived on the Pine Ridge Reservation until, as an adult, he was hired to run the computer system for the Oglala Sioux Tribe's Public Safety Department (the police system). At least one warrant for one of Hughes' relatives is known to have disappeared while Hughes was in control of Public Safety's computers.

Dated: Feb. 21, 2009

 

INJUSTICE IN SOUTH DAKOTA

Marc Wisecarver was raised in Wounded Knee District, in the country about 9 miles north of Manderson, SD. He attended Rockyford School, Red Cloud School, and graduated from Little Wound High School in 1988. He is 39 years old, was in the Marine Corps, is a logger, firefighter, ranch hand and mechanic.

Marc has had a number of trespassers on his place over the years and always called the police but it takes from 35 minutes to an hour to reach his place. Last April, 2008, a pickup truck zoomed past his house where he was outside working on his vehicle. There are ‘No Trespass' signs at the two entrances and on the fences to his place. He tried to wave down the truck as it proceeded into the bottom field and began chasing his horses. He got his rifle and fired a shot into the air. This got the driver's attention but the driver turned his vehicle at Marc as if to run him over. Following a verbal confrontation, the driver gunned his engine again with his hand on the gear shift as if to hit Marc.

Marc fired a shot into the truck's radiator to get the driver's attention and hopefully stop the vehicle from running him over. The driver got out and said it was a government vehicle and finally left. The driver never introduced himself as a government employee but was months later identified as a BIA land appraiser. Marc immediately called the tribal police and assisted them in their investigation. Although the tribal police did not want to arrest him, the BIA insisted and Marc was jailed and charged in Tribal court with discharging a firearm. The charges were dismissed in tribal court. The trespasser was never charged with anything in tribal, state, or federal court.

Four months later, in August, 2008, Marc was charged in federal court with Assaulting a Federal Employee. He was released on his own personal recognizance and went to court on Jan. 27th. On Jan. 29th, he was found “NOT GUILTY BY REASON OF SELF DEFENSE” by an all white jury. Nonetheless, he was found guilty of depreciating federal property, a non-jailable offense. However, the Federal Judge imprisoned Marc for stopping the weapon that was used against him, the federal pickup truck, and refuses to release him as of Feb. 16, 2009! The same judge will sentence him on April 21, 2009, and could send him to a federal prison for ten years! Marc's lawyer is appealing the decision.

What you can do:

1. Marc does handyman work like so many other men on the Pine Ridge Indian Reservation trying to provide for his family. Neighbors and family are taking care of his place and animals. However, funds are being raised to help with his bail, fines, and restitution payments. Donations to the Marc Wisecarver Legal Fund may be sent to: Thank you.

2. Anyone who knows Marc would know that he is always concerned about other people. He has said that there are some in jail who should be there, but that there are others who are also unjustly incarcerated, and that there needs to be some way to help the innocent.

Please send a letter to the new Attorney General, Eric Holder, asking for a major investigation into the federal justice system in South Dakota particularly in those cases involving people from the Pine Ridge Indian Reservation.

Letters requesting an investigation into the federal judicial system in South Dakota can be sent to:

Eric Holder, Attorney General
US Department of Justice
950 Pennsylvania Ave. NW
Washington, DC 20530

Please send copies of your letter to:

President Barrack Obama
The White House
1600 Pennsylvania NW
Washington, DC 20500

Amnesty International USA
Mid-West Office
53 West Jackson
Suite 731
Chicago, IL 60604
Email: aiusamw@aiusa.org

Southern Poverty Law Center
400 Washington Ave.
Montgomery AL 36104

This is just one example of the injustice that goes on in South Dakota! It is about time the USA and the World in general realised this and something done to stop this injustice. All the people ask is to be treated fairly, not too much to ask really now is it!!!

Thank you for any support here for Marc.

Brenda

 

Hi Everyone

Here in the UK we are experiencing our worst winter for 20 years, and this is a huge wake up call for most people. We have been battered with an icy blast coming from Siberia, so I cannot imagine what the weather must be like there!

I am 56 years old now, and well remember the severe winters in the 50s and 60s, whilst I was growing up in the East Midlands. They were COLD!!!!!! Snow would come thick and fast and stay for weeks on end. The canals near where I grew up, froze solid so you could walk on them, and seeing as I grew up in a house with one coal fire in the front room, and an outside toilet, somehow survived those winters (bearing in mind I am a total wimp when it comes to the cold).

Imagine how that must feel out on the reservation , totally isolated , no fuel for heating, or running dangerously low, and no way of getting to the nearest town to buy food etc.

South Dakota has also had a rough winter this year and the hardships endure, so I once again appeal to you good people to look over my Elders list and think about helping an Elder in whatever way you can.

http://www.lakota-aid.co.uk/lkhelpelders.htm

I thank all the people that have helped with this project, and know that these Elders are so grateful for any help that is given, and that they do love receiving letters from the outside world also.

I am also happy to announce that my second book is now ready and called Sitting Bull. Last Great Chieftain, and has the cover and 1st page on the website for you to look over.

http://www.lakota-aid.co.uk/booksittingbull.htm

I have had good feedback from my first book on Little Hawk, so that is really great, and I hope that my book on Sitting Bull will have the same favourable feedback also.

Also my heart goes out to the people In Australia that have been caught up in the terrible bush fire, that has killed so many people, animals and destroyed towns. As I write this, it is pouring down with rain here in Devon where I now live, and I wish this rain could be directed to Australia to help put out the fires! If only life was that simple!

I am aiming to go back to Pine Ridge in Oct of this year, in time for the Black Hills Pow Wow held in Rapid City, South Dakota. I am hoping to get more research done whilst over, so I will keep you posted as to my future plans.