Background
MTIP client Katie Garding was wrongfully convicted in 2011 of Vehicular Homicide and was sentenced to 40 years in prison. The charges stemmed from a tragic hit-and-run accident that led to the death of a pedestrian.
Katie was falsely identified as the driver of the vehicle based heavily on the testimony of an incentivized witness who received leniency in his own criminal case for testifying against her.
Represented by MTIP, Katie filed a petition for post-conviction relief in 2015. Katie’s petition argued that her trial counsel failed to consult an accident reconstruction expert, which would have clearly proven that Katie could not have been the driver. In 2020 upon appeal, the Montana Supreme Court ruled that Katie’s trial counsel did not perform deficiently.
After exhausting all state court remedies, MTIP filed a Petition for Writ of Habeas Corpus in federal court in July 2020. In March of 2023, the U.S. District Court for the District of Montana granted Katie’s habeas petition, overturning her conviction of vehicular homicide. Central to the federal court’s decision was the physical crash reconstruction of the incident, which used a vehicle modeled after the one that Katie owned and operated. Experts’ review of the crash data determined that Katie’s vehicle could not have struck the pedestrian, citing the fact that Katie’s actual vehicle had sustained no damage and that the state’s theory of the crash violated the laws of physics and impact mechanics. The Court found that if an accident reconstruction expert would have testified, it would have established within a reasonable degree of certainty that Katie’s vehicle could not have been the vehicle that struck the victim.
However, the State of Montana appealed this decision to the 9th Circuit Court of Appeals. In a 2-1 decision issued on June 28, 2024, the Circuit Court found that it was reasonable for the Montana Supreme Court to determine that Katie’s trial counsel was not deficient, overruling the lower court’s decision. One of the three circuit judges dissented, stating that it is clear from the trial and postconviction record that Katie is innocent.
Katie is reinstated into state supervision
Upon the reversal of the Circuit Court, the Missoula District Court recently ordered that Katie be reinstated into state supervision. Katie is still represented by pro bono attorney and former Montana Innocence Project board member Lars Phillips. Currently, her legal team is preparing a Petition of Certiorari to request the U.S. Supreme Court hear Katie’s case. She is also fighting the Missoula District Court’s ruling to reinstate her into state supervision pending her final appeal. The Montana Innocence Project is assisting with Katie’s ongoing legal battle.
How Katie is navigating life under restrictive probation conditions
Katie was free of state supervision for over 21 months (since her conviction was overturned in March 2023) prior to this recent order. As a condition of her reinstated probation, Katie is prohibited from driving and traveling outside her district.
Katie is required to be under supervision for six months without any violations or write ups before she can apply for an ignition interlock system to be installed in her vehicle. If she is approved, it will need to additionally be approved by Montana Probation and Parole before she can return to driving.
These restrictions have significantly impacted her ability to work, maintain her regular routines, and engage in activities she enjoys.
“I have barely left the house to do anything in almost three weeks, other than to take my dogs outside or to go grocery shopping with my mom,” Katie reflected. “I’ve been worried that I won’t be able to keep my job because it requires me to travel all over the country. With these new restrictions, everything feels so uncertain…it’s just all so frustrating.”
Katie also expressed how being under state supervision again has taken a toll on her mental well-being.
“I’ve stopped drawing, playing guitar and doing all of that since I met with my PO because I don’t even know what the point is anymore,” Katie said. “I used to volunteer at the animal shelter or down at the public theatre, but I can’t do that now either since I can’t drive.”
Despite her challenging circumstances, Katie has remained hopeful in her continued fight for justice with the support from her family and community.
“I am trying to stay positive and hoping that everything works out,” Katie said. “Right now, I’m grateful for the people that support me, because their kindness has been a really big deal in helping me get through this difficult time.”
MTIP remains committed to Katie’s claim of innocence, and we will continue to pursue any legal mechanisms available to her through the incredible efforts of pro bono counsel.
Help Katie to achieve a personal goal to backpack through Montana’s wilderness this summer
As Katie awaits the next steps in her fight for innocence, she remains hopeful that she may be granted a pass to participate in a guided backpacking retreat in Whitefish, Montana this summer. The Montana Innocence Project is seeking support on behalf of Katie with a goal to raise $2,000 to help cover the costs of this experience for her, including retreat fees, travel expenses, and necessary gear.
This immersive retreat is designed to foster healing and rejuvenation, providing Katie with an opportunity to reconnect with nature and herself. Over three enriching days, Katie will embark on hikes to Doris Lake and Doris Peak, while also engaging in daily practices that promote healing and growth, such as stretching, meditation, and journaling.
Your generous support can help provide Katie with this much-needed experience to help counter the toll that being returned to state supervision has had on her overall health and well-being. Please consider making a contribution today.
For more information about the retreat, please read here. Thank you for your generosity!