Montana Innocence Project client Aaron Oliphant will go before the Board of Pardons and Parole this month.
Aaron last went before the Board in June of 2021.
He is seeking release from the Montana State Prison where he has been wrongfully incarcerated since 2017 for aggravated assault.
The Parole Process
Parole is the release of an incarcerated individual prior to completion of their maximum sentence, under supervised conditions.
In order to be eligible for parole in Montana, you must be confined in a Montana state prison and have served at least one-fourth of your sentence.
The Montana Board of Pardons and Parole does not consider guilt or innocence, but rather whether an incarcerated person should be released and supervised by the Department of Corrections instead of being kept incarcerated inside a prison facility. The main consideration is public safety; the Board may release an incarcerated person if (1) they are able and willing to fulfill the obligations of a law-abiding citizen and (2) can be released without detriment to themselves or to the community.
Innocence and Parole
For people who are wrongfully convicted, claims of innocence at a parole hearing can come with complex challenges. It is widely known that parole boards consider factors of remorse and accountability when determining parole.
The “Innocent Prisoner’s Dilemma” is explained in an Iowa Law Review article from Northeastern University School of Law Professor Daniel Medwed titled, “The Innocent Prisoner’s Dilemma: Consequences of Failing to Admit Guilt at Parole Hearings.”
“Choice A consists of proclaiming innocence and consequently hindering the possibility of parole; Choice B involves taking responsibility for a crime the prospective parolee did not commit and bolstering the chance for release, albeit with dire effects for any post-conviction litigation involving the underlying innocence claim,” Medwed writes. “This type of choice is one that no actually innocent prisoner should be forced to make. Ultimately, parole boards should be mindful of the possible legitimacy of some innocence claims and, at the very least, not reflexively hold those assertions against the prisoner in the release decision.”
Click here to watch a video from the New York Times to learn more about the “innocent prisoner’s dilemma” faced by wrongfully convicted people seeking parole.
Aaron’s hopes for the future if released:
Aaron is looking forward to reuniting with his family and his youngest son Carter upon release.
“I can’t wait to be out there and actually be with my son again, to play with him and go fishing.”
He also has expressed his eagerness to get back into the community and gain employment.
“I’m ready to get back out into the community…I think that my job at the sheriff’s office has definitely helped to slowly bring back my social confidence, so it won’t be such a culture shock when I get out.”
During his time at MSP, Aaron has worked multiple jobs including working as a janitor, assisting the veterinarian at the dairy facility, mowing lawns at the Deer Lodge Golf Course, seeking training as a wildland firefighter with the DNRC for the last four seasons, and is currently working for the Powell County Sheriff’s Office.
“I’m pretty sure I can just handle anything now. Throughout everything I’ve learned and gained, I know that no matter what happens I’ve got a lot more tools in my toolbox that I can apply to any general situation in my life.”
In the seven years Aaron has been incarcerated, he has never received a write up. While incarcerated Aaron has worked diligently to improve his skill set for when he reenters the community.
Further goals upon Aaron’s release:
The ultimate goal is to exonerate Aaron because we believe he is innocent. We are also invested in his release from the Montana State Prison on parole not only because of poor conditions in carceral settings, but also because we can more effectively fight for his innocence with his assistance. We recognize the Board’s role in assessing public safety and hope to demonstrate how Aaron has taken every opportunity to improve himself during his time at MSP.
Where the Case Stands Today:
The Montana Innocence Project filed a Motion for New Trial and a Petition for Post-Conviction Relief and a Request to Stay Proceedings Pending Full Discovery on June 3, 2020. The petitions were denied in January 2022.
On March 14, 2023 the Montana Supreme Court affirmed the denial of Aaron’s Petition for Post Conviction Relief, where ultimately Aaron’s only requested relief was to have access to the discovery he no longer had because his attorney had died and the State refused to provide it to him. In Justice Gustafson’s dissent, joined by Justice Shea, she wrote,
MTIP filed a Petition for Writ of Certiorari to the Supreme Court of the United States in June 2023, which was denied October 2, 2023.
MTIP will continue to raise any viable legal mechanism to prove Aaron is innocent.