“It’s obvious Shane is a victim of something larger and more sinister going on in Montana’s court system.”
Number one, Shane qualifies for what’s known as an “out of Time Appeal,” codified in Montana’s Annotations, because of what are called “Plain Errors” all throughout Shane’s cases, and which Shane has preserved all these “Plain Errors” (appeal issues) on record in fighting his appeals in opposition of the eleven public defenders whom the court and prosecutors were allowed to appoint their co-workers as Shane’s supposed representation. Shane still has not been afforded a Habeas Corpus appeal nor a Federal appeal before the 9th circuit of appeals which Shane also preserved his right of these appeals on record as far back as at his sentencing. (Orally preserving everything and by motions to the court).
These many appeal issues in # DC-01-422 range from the Missoula sheriffs arresting Shane out of another county, out of his home on his private road and land at 3:00am, without a Felony Warrant, which prosecutor Johnson mentions on the first page of the Trial Transcripts but which there are obvious missing transcripts of that argument “before trial.”
There is also evidence Shane retained and fully exercised his 5th amendment upon arrest and in being booked into jail but sheriffs refused Shane medical care for serious injuries of open wound trauma to his head and a broken leg for over a week until Shane broke down and agreed to talk with sheriffs and told them what ever they wanted to hear.
There is also evidence upon Shane’s arrest that sheriffs submitted false sworn affidavits arrest reports claiming Shane caused his own injuries to himself in the back of their cruiser. When Shane was finally taken by court orders to an outside hospital, a week later the bone specialist that casted his leg said Shane’s injuries were caused by blunt force trauma from behind by a crow bar or heavy instrument. No one called the doctor in Shane’s self defense case. When his sheriff, P. Tillman, took the stand at trial a year later, P. Tillman completely changed his testimony and admitted to observing Shane’s injuries when arresting Shane out of his bed and before placing Shane in the back of his cruiser. No one made these connections or obviously refused to make them.
These are only a few of the appeal issues in Shane’s case. There are so many others like how the supposed victims who changed their stories from the hospital statements the sheriffs gathered to the sworn depositions before trial to the trial testimonies. All very different.
There have been other false charges against Shane while he has been in prison. These charges lack any evidence at all and yet he was again a victim of the “good ol’ boy” fraternity (details are available upon request).
What’s more, an estranged Judge McClean from a different department (Shane’s ex-wife’s divorce attorney who gave away Shane’s land, property and even his parental rights without allowing Shane to appear or be present). This judge held closed court proceedings, always emptying the court room and even did it a t trial and at sentencing in # DC-02-176 and this was supposed to be department #2 of the honorable Judge Deschamps (aka “Dusty”) of the 4th district court of Missoula Montana. Judge McClean didn’t even bother answering Shane’s motions before or after trial. One of these motions was a motion to dismiss. The many transcripts also show Shane’s rights being waived on numerous occasions for over five years without Shane’s presence at court and at these proceedings of pre-Trial hearings. The public defenders that waived Shane’s rights were previously removed from representing Shane by court orders from the Montana Supreme court because of Shane’s motions to them.
What’s more, an estranged Judge McClean from a different department (Shane’s ex-wife’s divorce attorney who gave away Shane’s land, property and even his parental rights without allowing Shane to appear or be present). This judge held closed court proceedings, always emptying the court room and even did it a t trial and at sentencing in # DC-02-176 and this was supposed to be department #2 of the honorable Judge Deschamps (aka “Dusty”) of the 4th district court of Missoula Montana. Judge McClean didn’t even bother answering Shane’s motions before or after trial. One of these motions was a motion to dismiss. The many transcripts also show Shane’s rights being waived on numerous occasions for over five years without Shane’s presence at court and at these proceedings of pre-Trial hearings. The public defenders that waived Shane’s rights were previously removed from representing Shane by court orders from the Montana Supreme court because of Shane’s motions to them.
It’s obvious Shane is a victim of something larger and more sinister going on in Montana’s court system. They’ve had a lot of problems up there and have only recently begun to develop an actual public defenders’ office and hub out of Butte, Montana that’s not controlled by the courts and prosecutors. We lawyers from all over America and different Innocence Projects have tried applying to practice within Montana but they refuse to allow us in and have instead set up their own local supposed Innocence Project controlled by Missoula’s union of prosecutors. It’s headed up by their mentor and friend, professor of Prosecutorial Law at Missoula University.
This is the type of example that the higher circuit of courts of appeals and the U.S. Supreme Court has went on record declaring a miscarriage of justice that completely shocked the conscience of the appeal courts of the United States.
Meanwhile, in the past ten years since Shane’s Illegal incarceration, other than running off some of his ex-in-laws with lies, the system has kept Shane in complete solitary confinement and in squalor conditions with little breaks out in the prison population, only to set him up and run him through bogus little prison kangaroo courts and continually subject him to punishment in violation to our constitution concerning prisoners. Shane continues to be medically neglected and is currently being transferred around the country, purposefully being kept away from family areas of love in Southern California. The Department of Corrections Union of America is further abusing him. Right now, He’s being held in solitary confinement in New Mexico where not even his local rights as outlined in New Mexico’s statutes annotated 31-5-4, concerning the rights of interstate compact inmates, are not being upheld and the department of corrections plays evil puppet master because they know he has no representation except himself.
(Edited) America’s Innocence Project