Scroll below to learn more about the history and milestones of MTIP and discover how your investment this Giving Tuesday can make a meaningful impact in the pursuit of justice.
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2008
MTIP is Founded
In 2008 former reporter Jessie Shandelson (McQuillan) and then State Senator Dan Weinberg joined forces to rectify the wrongful conviction of Barry Beach. The two co-founded the Montana Innocence Project thereafter as Montana’s first and only conviction review organization.
2009
Policy Victories
Recording of Interrogations in Montana
In 2009, Montana enacted a law requiring the electronic recording of interrogations in felony cases to help to prevent wrongful convictions based on false confessions.
Evidence Preservation in Montana
Additionally, Montana’s evidence preservation statute was amended in 2009, to help ensure that potential exculpatory evidence was not destroyed or lost over time. Preservation laws play a crucial role in the pursuit of justice, as they ensure that valuable evidence remains accessible for future testing and DNA analysis.
In 2009, Montana enacted a law requiring the electronic recording of interrogations in felony cases to help to prevent wrongful convictions based on false confessions.
Evidence Preservation in Montana
Additionally, Montana’s evidence preservation statute was amended in 2009, to help ensure that potential exculpatory evidence was not destroyed or lost over time. Preservation laws play a crucial role in the pursuit of justice, as they ensure that valuable evidence remains accessible for future testing and DNA analysis.
2015
Policy Victory
In 2015, Montana’s post conviction DNA testing statute was amended, allowing any convicted felon the ability to petition the court that entered the judgment of conviction for DNA testing (during or after a term of incarceration). This amendment established a vital legal avenue for potentially exonerating those who have been wrongfully convicted.
November 2015
Barry Beach is granted clemency
On November 20, 2015, Governor Bullock signed the order granting Barry Beach executive clemency.
2016
Richard Raugust is freed
On September 7, 2016, the prosecution dismissed the charges against Richard Raugust, making him MTIP’s first freed client.
January 2017
Cody Marble’s conviction is vacated
On January 3, 2017, Judge Ed McLean vacated MTIP client Cody Marble’s conviction.
February-March 2017
Jasmine Eskew’s conviction is reversed
In February 2017, the Montana Supreme Court reversed MTIP client Jasmine Eskew’s conviction and granted her a new trial. Jasmine was released on March 14, 2017, and the prosecution dismissed the charge two weeks later.
2018
Fred Lawrence and Paul Jenkins are freed
On April 17th, 2018, MTIP clients Fred Lawrence and Paul Jenkins were released from prison after serving 23 years each. The prosecution dismissed their charges on June 1, 2018.
June 2018
Dave Wilkes’s conviction is overturned
On June 29, 2018, Judge Haynes overturned MTIP client Dave Wilkes’s conviction and ordered a new trial.
February 2020
Richard Raugust receives compensation
In February 2020, MTIP client Richard Raugust filed a federal civil rights lawsuit seeking compensation for his wrongful conviction. In December 2022, he settled against Sanders County and a former sheriff’s deputy for $5 million. (While this victory is not a result of direct representation by MTIP, former client victories in the area of compensation serve to validate and mitigate the harms caused by the failures of the criminal legal systems that are currently in place and apply pressure for meaningful and lasting change. Other civil rights compensation victories for former MTIP clients include Richard Burkhart, Fred Lawrence and Paul Jenkins.)
October 2020
Katie Garding is granted parole
In October 2020, MTIP client Katie Garding was granted parole upon successful completion of a pre-release program. She completed a year at the Billing’s pre-release center, Passages, and was paroled in February 2022.
2021
Policy Effort
In 2021, Montana’s exoneree compensation statute was amended.
House Bill 92 became law in May of 2021, making it the first monetary exoneree compensation law in Montana. This law was the effort of three years of advocacy work on behalf of MTIP. However, Gov. Greg Gianforte issued an amendatory veto in the final days of the legislative session that altered the bill, ultimately imposing a more harmful process for exonerees seeking meaningful compensation.
MTIP remains committed to advocating for legislation in the next session that addresses the flawed amendments of HB92 and allows those who have been wrongly convicted to receive fair compensation for the years of freedom the state robbed them of.
House Bill 92 became law in May of 2021, making it the first monetary exoneree compensation law in Montana. This law was the effort of three years of advocacy work on behalf of MTIP. However, Gov. Greg Gianforte issued an amendatory veto in the final days of the legislative session that altered the bill, ultimately imposing a more harmful process for exonerees seeking meaningful compensation.
MTIP remains committed to advocating for legislation in the next session that addresses the flawed amendments of HB92 and allows those who have been wrongly convicted to receive fair compensation for the years of freedom the state robbed them of.
June 2022
Katie Garding tells her story at live event
On June 27, 2022 MTIP client Katie Garding told her story at a live storytelling event in Missoula. Her story was one of seven selected to be performed at the Tell Us Something “Didn’t See That Coming” showcase.
August 2022
Joseph Jefferson-Dust is released from jail
MTIP client Joseph Jefferson-Dust was released from Yellowstone County Jail on August 30, 2022.
November 2022
Bernard Pease Jr. is granted pre-release
MTIP client Bernard Pease Jr. was granted pre-release on November 29, 2022.
December 2022
MTIP premiers “Unpacking Injustice” podcast
The Montana Innocence Project announced the premier of Unpacking Injustice in December of 2022—a podcast that tells the real stories behind wrongful and unjust convictions and illuminates the complex issues responsible for making our criminal justice system unjust.
Unpacking Injustice kicked off with a four-episode series: “Dave and Gabe’s Story.”
Unpacking Injustice kicked off with a four-episode series: “Dave and Gabe’s Story.”
January 2023
Bernard Pease Jr. is transferred to pre-release
MTIP client Bernard Pease was transferred to Alpha House, pre-release center in Billings in January of 2023.
February 2023
Student Work Highlight
In 2023, our legal student interns Brandy Keesee and Annabelle Smith played a vital role in our client Bernard Pease Jr.’s release for parole. They interviewed Bernard’s family members, acquired documents, conducted extensive legal research, contacted jail staff, wrote letters on Bernard’s behalf, and helped file appeals.
Pease left prison on January 4th, 2023 and was granted parole subject to completion of an extended stay at the Alpha House pre-release center in Billings, MT. Both Keesee and Smith were featured in the Missoulian in February of 2023 which highlighted the work they did for MTIP.
Pease left prison on January 4th, 2023 and was granted parole subject to completion of an extended stay at the Alpha House pre-release center in Billings, MT. Both Keesee and Smith were featured in the Missoulian in February of 2023 which highlighted the work they did for MTIP.
March 2023
Katie Garding’s conviction is overturned
In March 2023, the United States District Court for the District of Montana, Missoula Division found in favor of Katie her claim that she received ineffective assistance of counsel and overturned her conviction.
July 2023
Joseph Jefferson-Dust is relieved of all duties to probation and parole
In July of 2023, MTIP client Joseph Jefferson-Dust appeared before Judge Brett Linneweber for a hearing regarding his Post-Conviction Relief Petition. Judge Linneweber relieved Joe of all duties to probation and parole and indicated that he would vacate the conviction in response to the post-hearing briefings he ordered from both sides.
July 2023
Bernard Pease Jr. argues innocence though DNA testing at evidentiary hearing
In July 2023, MTIP client Bernard appeared before Yellowstone County District Judge Thomas Pardy for an evidentiary hearing following favorable DNA testing results. MTIP’s legal team called five expert witnesses who contextualized the results of DNA testing and demonstrated how the sciences used to convict him were invalid.
Additionally, expert testimony exposed that State’s expert testimony stating a hair found at Pease’s home was “very similar” to the victim’s pubic hair, was FALSE. DNA testing found this hair BELONGED TO A CAT nearly 40 years after Pease Jr. was convicted.
Additionally, expert testimony exposed that State’s expert testimony stating a hair found at Pease’s home was “very similar” to the victim’s pubic hair, was FALSE. DNA testing found this hair BELONGED TO A CAT nearly 40 years after Pease Jr. was convicted.
2023
Policy Victory
In 2023, Montana’s Eyewitness Identification Reform statute was adopted.
This legislative measure aimed to address concerns about the reliability of eyewitness testimony, which has contributed to 30% of the exonerations recorded by the National Registry of Exonerations.
This legislative measure aimed to address concerns about the reliability of eyewitness testimony, which has contributed to 30% of the exonerations recorded by the National Registry of Exonerations.
2023
MTIP receives planning grant from Montana Healthcare Foundation
In 2023 MTIP was honored to be the recipient of a planning grant from the Montana Healthcare Foundation. The project aimed to improve behavioral and physical health outcomes and overall quality of life for reentering community members, thus increasing their chances for lasting post-carceral success.
The grant allowed MTIP to provide stipends to University of Montana School of Social Work practicum students – expanding MTIP’s program capacity and providing students with direct client experience and engagement with community partners to form new relationships and develop resources.
The grant allowed MTIP to provide stipends to University of Montana School of Social Work practicum students – expanding MTIP’s program capacity and providing students with direct client experience and engagement with community partners to form new relationships and develop resources.
2023
MTIP receives BJA award
MTIP received a Department of Justice Bureau of Justice Assistance Preventing Wrongful Convictions and Upholding the Rule of Law award used to more than double our capacity, increasing access to our services and equity in outcomes.
BJA funding has not only supported our core program, but it has also given us the opportunity to bring on new staff members including lawyers, social service advocates, and seven investigators based in the tribal communities. The increased capacity allows MTIP to address issues specific to Indigenous Justice and to create more well-rounded supports for all current and freed clients.
BJA funding has not only supported our core program, but it has also given us the opportunity to bring on new staff members including lawyers, social service advocates, and seven investigators based in the tribal communities. The increased capacity allows MTIP to address issues specific to Indigenous Justice and to create more well-rounded supports for all current and freed clients.
January 2024
Bernard Pease Jr. is discharged from pre-release after spending nearly four decades in prison
MTIP client Bernard Pease Jr. was discharged from the Alpha House Pre-release Center in Billings, MT on Tuesday, January 2nd and was reunited with his family after spending nearly 40 years in prison.
January 2024
MTIP establishes new Community-Based Legal Assistants Program
In January, with the support of new funding, MTIP was able to hire a new Investigation Manager, Legal Fellow, and Community-Based Legal Assistants to build our legal and investigative capacity. MTIP has begun establishing a place-based investigative model that allows our organization to conduct thorough, trauma-informed investigations and culturally-aware practices to provide meaningful representation for rural and tribal communities.
To learn more about this program click here.
To learn more about this program click here.
February 2024
MTIP begins expanding client social services
With the support of the Montana Healthcare grant, MTIP was able to begin expanding our scope of client services, by implementing a new social services program that allows for case planning to begin while individuals are still incarcerated and addresses the daily needs of our freed clients including connecting them with community resources to healthcare, employment, housing, and mental health and emotional support.
To learn more about this program click here.
June 2024
Joseph Jefferson-Dust is exonerated
On February 14th, 2024, Judge Linneweber set aside the judgments against Joe and ordered a new trial.
On June 21st, 2024 Judge Linneweber dismissed Joe’s criminal case, upon the prosecution’s motion, officially exonerating him.
On June 21st, 2024 Judge Linneweber dismissed Joe’s criminal case, upon the prosecution’s motion, officially exonerating him.
November 2024
MTIP establishes Free To Be Fund
In response to the unfortunate shared experience faced by our freed clients, MTIP recognized the critical need for low-barrier, direct financial support. We created the Free To Be Fund as a dedicated fund that our clients can access to help in their transition back to society and in other moments of urgent need as they work to rebuild their lives.
To make a gift to this fundraiser click here.
To make a gift to this fundraiser click here.
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