SENT TO RED FAWN & HER ATTORNEY BRUCE ELLISON ON 9-27-2017:
URLs are provided after certain sections to provide associated information &/or forms & definitions.
Dear Bruce and Red Fawn:
My name is Alex “Distance” Wilson, founder of Wild Willpower (www.wildwillpower.org), & I’ve been on the ground @ Standing Rock since Sept. 20, 2016, & of course one cannot be here without having heard about Red Fawn’s circumstances. I’m emailing with concern with the purpose of just getting another set of eyes on her case & providing any insights that maybe have been overlooked or perhaps not, but with mutual concern for her safety & circumstances I felt morally compelled to email you regarding this.
Here’s a page I have compiled on Habeas Corpus with related case rulings & associated forms as what I suspect is an effective remedy (http://thelawdictionary.org/remedy/) for her at this time:
I have not personally witnessed any paperwork filed on her behalf nor against her, however State’s Discoveries I’ve looked @ (www.standingrockclassaction.org/?page_id=5424) w/ Water Protectors are simply AFFIDAVITS filed by officers which allege crimes were commit (“officers had probable cause to suspect”). Most of the media I’ve seen re: Red Fawn’s case has alleged that a gun was “planted” on her, & that she was “not the type of person that would even carry a gun.” I have seen allegations referenced by an officer who “found three casings,” however no direct officer witnesses. Here is one such video which claims such:
Whereas Red Fawn plead Not Guilty (www.kfyrtv.com/content/news/Colorado-woman-pleads-not-guilty-to-federal-charges-related-to-DAPL-protest-410130805.html), if she is only facing a couple affidavits & a firearm according to her State’s Discovery, then an affidavit filed by her which alleges she had no gun nor fired shots and that she was set up, should help her “go on the offense” for her case rather than remaining on defense. “Going on the offense” & taking those steps creates additional evidence that will support her defense, as all associated paperworks of her “taking these steps” can be brought into evidence for her defense.
Additional affidavits from eye witnesses &/or character witnesses, could mathematically counteract the officers’ affidavits. “Two affidavits v two affidavits” counterbalances the evidence against her.
I do not know Red Fawn nor have I witnessed her to have personally affirmed that the gun was planted. According to my research she ought consider performing the following actions depending on the scenario:
1.) If the officers’ affidavits claim that they witnessed “shots fired” but that they did not see her personally pull the trigger or have a gun @ the beginning, then her affidavit (& supporting affidavits) coupled with the habeas corpus and ˆ(very important) civil complaint (www.reunitethestates.org/wp-content/uploads/2017/08/Rule-3-Civil-Complaint-form.pdf) would force the state to have to release her especially if the civil complaint seeks relief of an alternative mandamus against the state:
Definition of Alternative Mandamus (“Demand Letter”):
“(1809) A writ issued upon the first application for
relief, commanding the defendant either to perform the act demanded or to appear before the court at a specified time to show cause for not performing it.” (Black’s Law 10th Ed.)
Due to the fact that civil cases are based upon the preponderance of evidence (http://dictionary.law.com/Default.aspx?selected=1586), the case would need to be dismissed through a motion to dismiss.
2.) If the officers’ affidavits claim that they witnessed something Red Fawn adamantly alleges to be untrue, she ought file a criminal complaint (www.reunitethestates.org/?page_id=4752) against the officers who filed the affidavits for violation of 18 U.S.C. §1621. Perjury generally (http://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter79&edition=prelim). She ought still follow through with step one if this is the case.
This letter will be made public record.
Thank you dearly for your service & care,
Alex “Distance’ Wilson
U.S. Citizen who cares