In the last several years 14 falsely convicted people have been exonerated in Montana for crimes ranging from child sexual assault to murder. Each false conviction was obtained by teams of investigators, prosecutors and judges. These trained teams are from a combination of city, county, state and federal investigators and law enforcement. Fighting these trained government teams is a single defendant and his or her attorney. The defendant is paying for his or her own defense or is given a public defender. Either way the defendant cannot match the dollars spent by these trained government employees to obtain false convictions.
Richard Burkhart recently filed a lawsuit in Cascade County for one such false conviction for murder, CDV-18-0565. Burkhart's conviction was based on a coerced "confession" by co-defendant Michael Staley. Michael Staley's pregnant girlfriend was charged with Felony Obstruction of Justice in the matter and was then paraded in handcuffs in front of Staley while Staley was in the county jail. Staley, fearing that his child would be born in prison, was coerced into "confessing" that Burkhart was the killer in exchange for dropping charges against Staley's girlfriend and Staley had only to plead guilty to an obstruction of justice charge and received a light sentence. Mr. Burkhart was found guilty September 19, 2002, in large part because of a "confession" that a team of highly trained investigators knew to be coerced. September 26, 2002, this highly trained team received exculpatory information that Burkhart was innocent but did not turn the information over to Burkhart's attorney. Due to the actions of this highly trained team of investigators, Richard Burkhart spent 16 years of his life incarcerated in the Montana State Prison. Officer Jamie Pinski and Great Falls Police Detective Tim Thiesen are directly responsible for this egregious false conviction.
Chief Justice Mike McGrath said his proudest moment was the convictions of Freddie Lawrence and Paul Jenkins, both false convictions and the men were exonerated after spending a combined 46 years incarcerated in the Montana State Prison. Detective and Sheriff, Sam McCormack said his most memorable moment was the convictions of Freddie Lawrence and Paul Jenkins, both false convictions. His side-kick, State Investigator Reed Scott, aided him in obtaining these false convictions.
The combined sentences for the 14 people falsely convicted and later exonerated was 348 years and 2 life sentences. There are many more false convictions waiting to be exonerated. These false convictions were obtained by highly trained investigators, prosecutors and judges.
Montana is designated on a judicial watch list known as the Judicial Hellhole Watch List. This designation is, in part, due to Montana Judges refusing to act as gatekeepers for junk science and junk experts being offered to jurors in their courtrooms. Judge Thomas Honzel and Prosecutor turned Judge, Robert L. “Dusty” Deschamps are examples of judges refusing to act as gatekeepers.
These highly trained investigators, prosecutors and judges then go into retirement leaving behind falsely convicted defendants to live in poverty, fear and destroyed lives. These investigators, prosecutors and judges live on their public retirements having obtained these retirements at the expense of the people they victimized. Indeed, the falsely convicted have been victimized to propel the careers of these highly trained teams and generate campaign dollars for future political aspirations.
Montana still wants the death penalty.