To: Anthony Gallagher Federal Defenders of Montana, Executive Director and Governor Steve Bullock
Justice for Dan Two Feathers
Dan Two-Feathers is a Disabled Vietnam Era Veteran. He is mostly wheelchair bound and is fighting Bladder Cancer, an Infected Prostate, BPH, COPD and a few other medical ailments. Dan has taken the Oath to Defend the Constitution of the United States, not once but twice; once when he joined the Navy and again when he joined the National Guard. Now his rights under the 8th Amendment of the Constitution are in jeopardy, the same Constitution that he had pledged to defend.
A six year prison sentence for a non capitol crime, is a death sentence for someone in Dan Two Feathers medical condition, and should he survive his incarceration, will die on the streets of Montana in a wheelchair being homeless after his release.
Please make your voice heard, ask the Federal Appellate court, the Governor of the State of Montana and the Executive Director for Board of Prisons, to stay his incarceration pending appeal and reduce his sentence to extremely restrictive house arrest. This man is not a danger to society.
A six year prison sentence for a non capitol crime, is a death sentence for someone in Dan Two Feathers medical condition, and should he survive his incarceration, will die on the streets of Montana in a wheelchair being homeless after his release.
Please make your voice heard, ask the Federal Appellate court, the Governor of the State of Montana and the Executive Director for Board of Prisons, to stay his incarceration pending appeal and reduce his sentence to extremely restrictive house arrest. This man is not a danger to society.
Why is this important?
In 2008, Dan Two Feathers made the choice to help a friend, who had a secret partner that Dan didn't know about. These two had devised a scheme to defraud investors. These investors lost their money and Dan discovered all too late that it was a scam. Seeking to accept responsibility for his part, Dan on March 7th 2012 plead guilty to 4 counts related to securities fraud. On Friday, June 15th, Dan was sentenced to 6 years in prison.
After 60 days of incarceration Dan will lose his VA Disability Pension until he is released and reapplies for it, which will take a year or more to get it, which means that he will end up living on the Streets in Montana for a year or more, in a wheelchair with his medical conditions. This was known to the Courts at the time of his sentencing since they had Medical Records, letters from Medical Professionals and a letter from the Veterans Administration confirming the time period after release. Dan simply asked to serve his time under house arrest so that he could continue receiving medical attention from Doctors that are familiar with his medical conditions.
The Court denied this request and now the sentence equates to a Death Sentence for a Non-Capital Offense which is a violation of his 8th Amendment Rights which protect against Cruel and Unusual Punishment.To add insult to injury, Dan’s Attorney from the Federal Defenders of Montana’s Office refused to express to the Court the results of such a sentence and to champion Dan’s case to the Court to convince them otherwise. While Dan has asked his Attorney to Appeal the sentence, if his Attorney fights for him with the Appeal as he did at time of sentencing, Dan will certainly lose the Appeal.
Dan has no other choice but to allow him to do the Appeal since Dan has no way to hire an Attorney that would truly fight for him. Dan’s Attorney informed Dan that he only had 2 choices, one, which was whether to go to trial and two, whether to appeal or not. Dan asked him to file for a Stay of Sentence during Appeal’s process and to file to correct the sentence based on the 8th Amendment but the Attorney refused.
Dan is simply asking that his sentence be commuted to serving at House Arrest. He can be restricted to his home except for Medical and Counseling appointments only. He can make arrangements for someone to go grocery shopping for him, as well as still parent his six year old daughter Trinity.
Serving his sentence under House Arrest will do several things. It will allow for the punishment to be served for the crime committed, it would allow Dan to continue receiving his Disability Pension, and it would allow him to have a roof over his head and food to eat. Serving his sentence at House Arrest would also prevent him from having to spend a year or more on the streets in Western Montana and will save taxpayers monies that would be need to house and treat him while in prison. Under current statistics to imprison a healthy person for 6 years it cost the taxpayer approximately $286,000.00, a prisoner in Dan’s condition would cost approximately 3 times that amount. Had he known from the beginning, what his friend was really engaging in, Dan never would have agreed to participate. His losses will be more than financial. For a non capital crime, Dan is at risk of losing his life. Without the regular care of his doctors, six years in prison is tantamount to a death sentence.
Recently, in the state of Washington a bus driver was charged and convicted of five counts of molestation, to which he received thirty days per count in the county jail. In the News within the past year there was Citigroup that defrauded investor of over $1 Billion and to avoid prosecution to any of their Executives all criminal Charges were dropped after they paid a fine of approximately $250 million. Or Glaxo-Smith-Kline who defrauded the public on some medications and they were allowed to pay a fine so that all criminal charges would be dropped against their Executives. Surely these are more grievous crimes.
Dan Two-Feathers sentence is not justice; please sign this petition asking the court to reconsider its current stance of a six year sentence for a non violent offender and commute it to House Arrest. Thank you, and please pass this on to your friends.
After 60 days of incarceration Dan will lose his VA Disability Pension until he is released and reapplies for it, which will take a year or more to get it, which means that he will end up living on the Streets in Montana for a year or more, in a wheelchair with his medical conditions. This was known to the Courts at the time of his sentencing since they had Medical Records, letters from Medical Professionals and a letter from the Veterans Administration confirming the time period after release. Dan simply asked to serve his time under house arrest so that he could continue receiving medical attention from Doctors that are familiar with his medical conditions.
The Court denied this request and now the sentence equates to a Death Sentence for a Non-Capital Offense which is a violation of his 8th Amendment Rights which protect against Cruel and Unusual Punishment.To add insult to injury, Dan’s Attorney from the Federal Defenders of Montana’s Office refused to express to the Court the results of such a sentence and to champion Dan’s case to the Court to convince them otherwise. While Dan has asked his Attorney to Appeal the sentence, if his Attorney fights for him with the Appeal as he did at time of sentencing, Dan will certainly lose the Appeal.
Dan has no other choice but to allow him to do the Appeal since Dan has no way to hire an Attorney that would truly fight for him. Dan’s Attorney informed Dan that he only had 2 choices, one, which was whether to go to trial and two, whether to appeal or not. Dan asked him to file for a Stay of Sentence during Appeal’s process and to file to correct the sentence based on the 8th Amendment but the Attorney refused.
Dan is simply asking that his sentence be commuted to serving at House Arrest. He can be restricted to his home except for Medical and Counseling appointments only. He can make arrangements for someone to go grocery shopping for him, as well as still parent his six year old daughter Trinity.
Serving his sentence under House Arrest will do several things. It will allow for the punishment to be served for the crime committed, it would allow Dan to continue receiving his Disability Pension, and it would allow him to have a roof over his head and food to eat. Serving his sentence at House Arrest would also prevent him from having to spend a year or more on the streets in Western Montana and will save taxpayers monies that would be need to house and treat him while in prison. Under current statistics to imprison a healthy person for 6 years it cost the taxpayer approximately $286,000.00, a prisoner in Dan’s condition would cost approximately 3 times that amount. Had he known from the beginning, what his friend was really engaging in, Dan never would have agreed to participate. His losses will be more than financial. For a non capital crime, Dan is at risk of losing his life. Without the regular care of his doctors, six years in prison is tantamount to a death sentence.
Recently, in the state of Washington a bus driver was charged and convicted of five counts of molestation, to which he received thirty days per count in the county jail. In the News within the past year there was Citigroup that defrauded investor of over $1 Billion and to avoid prosecution to any of their Executives all criminal Charges were dropped after they paid a fine of approximately $250 million. Or Glaxo-Smith-Kline who defrauded the public on some medications and they were allowed to pay a fine so that all criminal charges would be dropped against their Executives. Surely these are more grievous crimes.
Dan Two-Feathers sentence is not justice; please sign this petition asking the court to reconsider its current stance of a six year sentence for a non violent offender and commute it to House Arrest. Thank you, and please pass this on to your friends.