O'Neil Jerry Independent Paralegal in Columbia Falls, MT

Cheryl Criswell asked a question

Below is a recent letter we sent to the MT. State Senators and Reps. We have one reply so far, which is the same type of response we get from everywhere we turn to for help--it's pass the buck, can't help because it's not our jurisdiction. This is nonsense. This judge is the same one we had at trial, was rude and expressed his own opinions toward us and now is just stalling so we can't go forward. Don't judges have time factors for different legal issues? We do we go to get help? We can't afford to pay you; we're on disability or we would seek your counsel. If you can just answer the time question and tell us where we can get help, we'd be very grateful. We did not do what we were convicted of. It's already been to appeal and lost.
Thank you, Cheryl

Ed and Cheryl Criswell
111 S. Cedar Dr. #22
Kalispell, MT. 59901
406-257-3933
cherylyncriswell12yahoo.com
Aug.10, 2015

To the Honorable Senators of Montana:

First, we thank you in advance for your help for the matter addressed -herein.

We will not waste your time defining our innocence addressed by the Post-conviction Relief Petition that we filed on August 8, 2014. Suffice it to say that we made mistakes in trying to solve a complex situation ourselves instead of relying on God, but we are not guilty of what we were accused and convicted of almost 4 years ago.

The purpose of this letter is to ask your help in expediting the matter of Post-conviction Relief Petition. On August 8, it is one full year since we submitted the PCR Petition. We have filed several motions since then and none of this has been addressed by the Court—no “granted”or “denied” on anything. We fail to understand how even a busy judge cannot even submit a granted or denied order on the Petition or any of the motions. We have taken every recourse we know of, followed every suggestion from agencies we've talked to, and we are about out of options.

My husband has completed his suspended sentence probation period; I have 2 years to go on a deferred sentence—all for something we did not do. We have the same judge for PCR as we had for the trial; we believe he is biased against us and stalling off on decision-making so that we will not have time to re-submit it. Is he going to do this another 4 years until the time for re-submitting is past?

We have corresponded with the Governor's Office, Citizen's Advocate, the Montana Innocence Project, State Public Defender's Office (one motion we filed was for court-appointed attorney), Montana Legal Services, Judicial Standards Commission, and Montana Board of Pardons and Parole—all to no avail. We get told it's not their jurisdiction. Then what do we do—accept this injustice and move forward? What is the Court's problem? Busy? For a whole year when it would have taken 5 minutes for the judge to sign a granted order even for a public defender? (My husband and I are on disability, so we qualify.)

Please don't let this injustice keep on going for an indefinite period of time. Is this the kind of justice department you want for Montana? There has to be a way to get the wheels rolling after all this time.
Even just asking the judge what is taking so long to address our Petition/Motions.

Sincerely,

Ed and Cheryl Criswell