Home Editor's Picks Lawyers for Standing Rock’s Red Fawn File Final Motion for Discovery Evidence

Lawyers for Standing Rock’s Red Fawn File Final Motion for Discovery Evidence

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Lawyers for Red Fawn Fallis, the Standing Rock water protector arrested over a year ago for allegedly shooting at a police officer, filed a final Motion to Compel Discovery on Dec. 29 and a Motion for Continuance of Trial on Dec. 27, seeking to force the prosecution in her case to hand over discovery evidence including surveillance and other records of the private military contractors that were coordinating with law enforcement on October 27, 2016—the day of her arrest—and during the time leading up to that.

To date, the prosecution—the U.S. government—has resisted providing this evidence, claiming it’s not relevant.

In specific, lawyers for Fallis are requesting that the prosecution to hand over more information on an FBI informant, Heith Harmon—that Fallis had a romantic relationship with during the #NoDAPL demonstrations. During the time, Fallis was unaware that Harmon was working for the federal government, who as The Intercept first reported, was working side by side with TigerSwan, a private contractor compared to Blackwater.  

Screenshot from Motion for Continuance of Trial, page 6 paragraph 11.
Screenshot from Motion for Continuance of Trial, page 6 paragraph 11.

Fallis allegedly had a gun wrested away from her left hand after three gunshots went off while she was pinned down by multiple officers and in the process of being handcuffed. As TATM founder Jordan Chariton previously reported, Fallis was pinned down by upward of five police officers at the time the alleged gun shots were fired, making it visually hard to find evidence she fired shots at officers. The gun’s legal owner is Harmon, Fallis’ romantic interest—and the FBI informant—leading up to the alleged shooting on October 27, 2016.

Screenshot from Motion for Continuance of Trial, page 7 paragraph 11.
Screenshot from Motion for Continuance of Trial, page 7 paragraph 11.

Fallis’ trial date is set for January 29, 2018. Over 400 criminal cases have concluded, with over 300 remaining. Falli’s is the first of six federal trials. However, there are some issues.

With the trial being less than a month away, both parties must provide all documents that were requested. The defendant, Fallis, has provided all the documents needed, but the prosecution, U.S. government, has not provided any requested documents and evidence.

Screenshot from Motion for Continuance of Trial, page 10 paragraph 13.
Screenshot from Motion for Continuance of Trial, page 10 paragraph 13.

Fallis issued a motion to suppress all evidence seized and statements allegedly made by her from the prosecution since the evidence was constitutionally unlawful and violated her rights under the First and Fourth Amendments to the U.S. Constitution—especially since it was done without a warrant—but the judge denied the motion.

On December 13, 2017, Fallis’ lawyer filed their first Motion to Compel Discovery. It’s the end of the month, the defendant has turned in all her requested documents, but U.S. government hasn’t lifted a finger. They have turned in the evidence and statements that they gathered from Fallis—unlawfully under the First and Fourth Amendments without warrant—but they have not turned in requested documents.

Not only have Fallis’ lawyers issued another Motion to Compel Discovery, they also filed for a continuation, to get the trial postponed past January 29 to ensure all documents are attained and Fallis’ lawyer have enough time to read them and prepare.

One of Red Fawn’s charges carries a mandatory minimum of 10 years in prison. If convicted on all charges, she faces life in prison. The #FreeRedFawn Facebook page has nearly 27,000 likes. Fallis is currently waiting for trial at a Halfway House in North Dakota.

TATM will continue reporting on developments in Fallis’ case.

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