Lakota AID
Registered Charity No: 1097444
Lakota Aid News letter

 

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

Marc WisecarverI 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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