Abuse of the U.S. Constitition Affects All

Brenda Aplin

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 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 drivers 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 Aplin 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:

Rosie Freier, PO Box 366, Manderson, SD 57756.

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 E-mail: 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

If you wish to contact Brenda directly, please send all emails to lewjas@aol.com


Update on Marc Wisecarver

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.

April 3, 2009

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.

Charmaine White Face (Marc's mother)

♣ ♣ ♣



Health topic page on womens health Womens health our team of physicians Womens health breast cancer lumps heart disease Womens health information covers breast Cancer heart pregnancy womens cosmetic concerns Sexual health and mature women related conditions Facts on womens health female anatomy Womens general health and wellness The female reproductive system female hormones Diseases more common in women The mature woman post menopause Womens health dedicated to the best healthcare
buy viagra online