[Pnews] Red Fawn Reaches Non-Cooperating Plea Agreement
ppnews at freedomarchives.org
Wed Jan 17 13:10:08 EST 2018
Red Fawn Reaches Non-Cooperating Plea Agreement, Statement by Water
Protector Legal Collective
Posted on January 16, 2018
One Charge Dropped:Government to Recommend a Maximum of 7 Years
By Water Protector Legal Collective
MANDAN, North Dakota -- Attorneys for Red Fawn Fallis today notified the
court of a change of plea pursuant to an agreement with prosecutors. If
the judge accepts the plea, the government will drop the most serious
charge and recommend a sentence of no more than seven years for the
remaining two charges.
Under the terms of the proposed agreement, Ms. Fallis would plead to
Counts 1 and 3 of her indictment (Civil Disorder and Possession of a
Firearm and Ammunition by a Convicted Felon) and the government would
drop Count 2 (Discharge of a Firearm in Relation to a Felony Crime of
Violence). This latter charge carries a mandatory minimum sentence of 10
years and the possibility of up to life in prison.
The next step is a hearing on Monday January 22, 2018 in Bismarck at
which time the plea will be tendered to the court and a later date will
be scheduled for when the judge will sentence Red Fawn on the remaining
Under the agreement, prosecutors have agreed to recommend a sentence of
no more than seven years in prison, although the judge does have the
authority to go as high as 10 years on these charges. There is no
minimum sentence. If the judge decides not to accept the agreement the
case will continue to trial on all three charges.
Red Fawn has been fighting an uphill battle at every stage of this case.
She is facing up to life in prison and the prospect of a trial in North
Dakota where there has been extensive pre-trial publicity adverse to
Water Protectors and against the no-DAPL movement. Rulings against Red
Fawn at every step of proceedings have left the defense with
insufficient information about the paid FBI informant who became her
boyfriend and who plans to testify against her at trial. The government
has refused to provide full disclosure of even potentially exculpatory
surveillance and other records in the possession of TigerSwan and other
private security firms who coordinated with law enforcement during the
encampments at Standing Rock and had targeted Red Fawn as a leader.
Given these circumstances, Red Fawn has made the very difficult decision
to enter into a plea agreement that still risks significant prison time,
but removes the mandatory minimum and the possibility of life
imprisonment. The agreement relates only to Red Fawn and will not harm
other Water Protectors.
Red Fawn Fallis is a community leader and human rights advocate. She is
well-known and respected for her work with youth and as a medic as well
as for her deep commitment to her people and to protecting the water.
She was incarcerated for one year awaiting trial and is currently
confined to a halfway house. We look forward to the day she can return
home to her family and her community and continue her great work.
Water Protector Legal Collective stands by Red Fawn and we call on Water
Protectors and community members to continue to support her through this
difficult time. Please follow her Support Committee website for
information on how to write to her and be in solidarity with her through
her sentencing hearing and as she serves her prison time.
This plea would make Red Fawn the first Water Protector to be sentenced
to a substantial prison term for activity at Standing Rock. There are
five other Water Protectors with pending federal chargespreparing for
trials in the coming months and over 300 with pending state charges.
Ms. Fallis is represented by attorneys Molly Armour, Jessie Cook and
WPLC Case Page for Red Fawn
Red Fawn’s Support Committee <http://indi.com/freeredfawn>
/*This statement may be excerpted or reproduced in full on the condition
of proper attribution //to: Water Protector Legal Collective./
/Water Protector Legal Collective (WPLC) provides on-the-ground legal
representation and coordination for Water Protectors engaged in
resistance to the Dakota Access Pipeline at Standing Rock, ND./
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415
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