Mike Batista – Helenawinds

Reform The Street Gang in Blue Overcrowding Montana Jails and Prisons

United States citizens are guaranteed certain rights through the Fifth and Fourth Amendments of the constitution. We cannot legally be required to testify against ourselves and no one’s records or belongings may be legally searched or seized without cause. American police are trained in methods of deception, intimidation and manipulation to abuse these guaranteed rights in the name of the law.

Have you ever heard this question, “Do you know why I stopped you?” “Do you know why I am questioning you?” If you make a guess at why you were stopped or being questioned, in the police prospective, you confessed to a crime. If you answer you “voluntarily” confessed. The officer just got you to testify against yourself. The cop is not there to serve you or engage in a friendly chat. He or she is there fishing for an excuse to fine or arrest you and without any Miranda warning has just tricked you into confessing to a crime.

Now that you “voluntarily” confessed to a crime they can perform a warrantless search of your person for their protection. If you fail to comply after “voluntarily” confessing to a crime the implication is you have something to hide. From the officer’s perspective if you don’t have something to hide you should be happy to be subjected to a search of your person, vehicle or home. Due process has now been turned on its head as the cop has now put the burden on you to prove your innocence while implying that your failure to cooperate must be evidence of guilt. Now the officer has disregarded and circumvented the Fourth Amendment on unreasonable searches.

Police routinely violate the Fifth and Fourth amendments knowing that cops are unlikely to face any punishment for doing so. Usually all that happens is that any evidence obtained from illegal searches and “voluntary” confessions is the evidence is excluded from being allowed at trial.

The police can lie under oath, plant evidence, falsely charge people with resisting arrest, assaulting an officer or other illegal acts, knowing full well their fellow gang members – officers, prosecutors and judges- will almost never hold them accountable for their crimes. The general public will almost always presume the gang members are truthful while the accused are guilty.

In an attempt to reform criminal justice laws in Montana we have allowed Montana Senate Bill 63 to become law. This law facilitates plea-bargains so that illegally obtained evidence never has to face the light of trial. Yes, the officers, prosecutors and judges will never be held accountable under Senate Bill 63.

In an attempt to reform criminal justice laws in Montana we have allowed Senate Bill 60 to become law. This law allows for presentence investigations to commence even before the accused has had a chance to prove their innocence. Yes, under Senate Bill 60 the accused is guilty and must prove their innocence.

Before Montana can reform criminal justice laws, and reduce overcrowding in prisons and jails we have to reform law enforcement, judges and prosecutors.

Chief Justice Mike McGrath, Attorney General Tim Fox, Mike Batista, please set up a Commission on Law Enforcement, Judges and Prosecutors to study the tactics of deceit, intimidation and manipulations used to convict our citizens before passing any more useless legislation that continues to victimize our citizens.

The Real Legacy of Mike Batista and Montana Corrections

Montana’s prisons are over capacity due to an 11 percent increase in the prison population between FY2008-2015. Mike Batista was the administrator for the Division of Criminal Investigation for the Montana Department of Justice for 20 years before being appointed as director for the Department of Corrections in 2012. Now Mike Batista is currently named to the Board of Pardons and Parole. The definition of insanity is doing the same thing over and over and expecting a different result. Let’s look at Batista’s legacy.

During Mike's tenure with the Division of Criminal Investigations, he employed a computer forensic scientist named Jimmy Weg. Attached is an email obtained from Jimmy Weg.

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click on link

This email is disturbing in so many ways. The email itself testifies to the fact that the "science" of computer forensics is junk science. Jimmy was asked to help defend a search warrant. Jimmy clearly says the defense is correct in their assessment of the search warrant. Jimmy says "TRUE" to defense claims. "WE'VE ALL HEARD OF CASES IN WHICH A SIGNAL WAS IN FACT STOLEN LEADING TO A SEARCH OF THE WRONG COMPUTER." "..[nothing] IS FAIL SAFE." Under the leadership of Mike Batista, Jimmy Weg continued to knowingly provide false and incomplete "evidence" to ignorant judges who in turn rubber stamped any search warrant request. Immediately the innocent victim of the "scientific evidence" is turned into a criminal.

Mike Batista employed an investigator, Arlyn Greydanus. Arlyn's son was a person of interest in a crime and was interviewed by law enforcement. Mike Batista then authorized Arlyn to transport the evidence from Helena to the Missoula Crime Lab. WOW!! Talk about evidence handling. Obviously the son was cleared of any wrong doing.

During Mike's tenure as Director of Montana Department of Corrections, Mike signed a contract with Crossroads Correctional Facility authorizing Crossroads to add extra bunks in cells overcrowding the prison cells. After authorizing Crossroads Correctional Facility to overcrowd the prison, Mike then asks the State of Montana for millions of dollars to alleviate the overcrowding he authorized.

Mike Batista worked with Ron Alsbury, Chief of Probation and Parole, to exponentially revoke and rescind the probation and parole of hundreds of men and women, particularly of American Indian descent. After this unprecedented number of revocations, Mike Batista asks Montana citizens for millions of dollars to correct the challenges he created.

Mike Batista knowingly allowed search warrant applications based on "evidence" that was questionable at best and according to his own forensic examiner, known to be false. Judges were not informed in these applications that probable cause was not, in fact, probable cause at all.

Batista allowed his own investigator a clear and probable opportunity to alter evidence in favor of the investigator's son.

Mike Batista signed a contract to authorize the overcrowding of prisons. He worked with Ron Alsbury to revoke and rescind the probation and parole of hundreds of people. Mike Batista then pretends to be the savior of overcrowded prisons.

Now Batista is serving on the Board of Pardons and Parole deciding the fate of the people he incarcerated. Many of these people are victims of the "probable cause" search warrants submitted by his investigators under his supervision.

The definition of insanity is doing the same thing over and over and expecting a different outcome.

Governor Bullock & Dept of Corrections Duplicity in Montana Prison Overcrowding

In 1999 the State of Montana signed a contract with Corrections Corporation of America for operation and management services at Crossroads Correctional Center in Shelby MT. Crossroads Correctional Center is a for-profit correctional facility operated by a multi billion dollar corporation based in Tennessee. Formerly known as Corrections Corporation of America it is now known as CoreCivic.

Senate Bill 224 (2015) created a 15 member Commission on Sentencing to address the overcrowding in Montana Prisons. Montana Governor Bullock recently signed into effect a package of bills to address overcrowding in Montana Prisons. These actions sure look good to Montana tax payers and certainly help in future elections. The citizens of Montana owe accolades to Governor Bullock and his appointed Director of Montana Department of Corrections Mike Batista for their caring concern of the incarcerated and the effect of incarceration on the families of Montana. Right?!? You are so wrong!! Governor Bullock and Director Mike Batista have, in a very duplicitous manner, contributed to overcrowding in Montana Prisons.

In 1999, Governor Marc Racicot and DOC Director Rick Day signed a contract with Corrections Corporation of America. (The full contract and the excerpts are at the end of this post.) (excerpt 1) Section XXXXIX Section LI ” …agrees to house additional inmates transferred to the Facility in a number not to exceed the design specifications of the unit(s) Contractor proposes to use… “ To paraphrase, the Contractor cannot overcrowd the cells and prison.

In 2014, Governor Bullock and DOC Director Mike Batista amended Marc Racicot’s contract to read (excerpt 2) Amendment #13 Section II General Requirements (J) Notwithstanding, any other provision herein or in the Development Agreement, the Department authorizes the Contractor to add a third bunk in some cells for a total of 53 additional beds to house MDOC inmates.” To paraphrase, Bullock and Batista authorized the Contractor to overcrowd the cells and prison beyond design specifications.

Accolades Governor Bullock and Director Mike Batista. You just hid your duplicity in overcrowding the prison because no citizen is going to read a 212 page contract. That is until now.

In 2016, Governor Bullock and DOC Director Mike Batista amended Amendment #13 (excerpt 3) “Notwithstanding any other provision herein…the Department authorizes the contractor to continue housing MDOC inmates in the 53 bunks that were added pursuant to Amendment #13 through June 30, 2017.” To paraphrase, Governor Bullock and Director Mike Batista, while pretending to pass bills, create commissions and putting forth false precepts, are actually authorizing overcrowding the prison cells beyond design specifications through June of 2017.

Drum roll, applause, standing ovation. No one is going to read this contract so the duplicity of Governor Bullock and his appointed Director Mike Batista goes undiscovered and they can take their public bows to their good works. Please, extend your Montana values, we have caught on to what your values really are.

Excerpt 1 page 149
Expansion: Contractor, on sixty (60) days' notice, agrees to house additional inmates transferred to the Facility in a number not to exceed the design specifications of the unit(s) Contractor proposes to use in housing and managing the additional inmates.


Excerpt 2 page 9
Section II
General Requirements
  (J.)  Notwithstanding, any other provision herein or in the Development  
        Agreement, the Department authorizes the Contractor to add a third 
        bunk in some cells for a total of 53 additional beds to house MDOC
        inmates.

Excerpt 3 page 2
SECTION II
General Requirements
Subsection J shall be revised to read as follows:
J.  In Amendment #13, the Department authorized the Contractor to add a third bunk ("Third Bunks") in some cells for the purpose of housing a total of 53 additional MDOC inmates at the facility through June 30, 2015.  Notwithstanding any other provision herein or in the Development Agreement, the Department authorizes the contractor to continue housing MDOC inmates in the 53 bunks that were added to Amendment #13 through June 30, 2017.

Here is the entire contract if you want to read it.
CCAOperationandManagement