[Pnews] Red Fawn Reaches Non-Cooperating Plea Agreement

Prisoner News 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

Censored News

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 
two charges.

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 
Bruce Ellison.

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 
863.9977 https://freedomarchives.org/
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