The U.S. Attorney’s Office Announces the Fearless Justice Initiative in Connection with the Sentencing of Elwyn “Jack” Has The Eagle in Great Falls, Montana

U.S. Attorney for the District of Montana Michael W. Cotter announced today the creation of the Fearless Justice Initiative, in partnership with the Federal Bureau of Investigation and tribal authorities in Montana. The initiative is designed to strengthen public safety efforts in Montana's Indian communities through the suppression of intimidation and coercion of victims and witnesses to crime. The initiative, spearhead by the U.S. Attorney's Office in the District of Montana, is the first of its kind in the nation.

Based upon the collective experience of Indian Country investigators and prosecutors, and the concerns expressed by tribal leaders, it is clear that victims and witnesses to crime are often the subject of intimidation, pressure from family or friends, threats, shunning, and other types of corrupt coercion, in an effort to get those witnesses to change their stories, lie, refuse to cooperate with law enforcement, or not show up to court. The pursuit of justice is obstructed by such efforts, which in turn hampers law enforcements ability to fight crime and create a safe environment in tribal communities. The initiative seeks to instill confidence in victims and witnesses that the legal system can protect them, vindicate their willingness to come forward, and provide them with the justice they have a right to expect from the system.

Beginning in November 2010, the U.S. Attorney's Office and the FBI will focus their attention on preserving the integrity of the justice system by prioritizing cases involving obstruction of justice, witness tampering, and witness retaliation. Working together, with other local law enforcement and with federal probation officers, all allegations of intimidation or coercion will be thoroughly reviewed and investigated, and, where sufficient proof exists, prosecuted.

In support of the Fearless Justice Initiative, the U.S. Attorney's Office and the FBI have committed to increased technical support to all resident agencies in Indian Country to gather evidence against those that seek to interfere with investigations and prosecutions; focused training for law enforcement officers and prosecuting attorneys in the investigation and prosecution of federal statutes relating to the obstruction of justice; increased consultation with victims and witnesses; the sharing of rapid response contact information with victims so that a quick response can be made if anyone is threatened or intimidated; commitment that investigators and prosecutors will react quickly and decisively where witness tampering can be established; and coordination with the Courts and Probation Officers to request "no contact" provisions in all release orders.

The U.S. Attorney's Office and its law enforcement partners are convinced that if victims and witnesses can come forward without fear of intimidation or retribution, more criminal cases can be successfully prosecuted. With successful prosecutions will come increased confidence in the justice system and a safer tribal community.

In response to the U.S. Attorney's Office's Fearless Justice Initiative and the sentencing of Elwyn "Jack" Has The Eagle, U.S. Attorney Michael W. Cotter said, "The sentence imposed today against Elwyn "Jack" Has The Eagle and the introduction of the Fearless Justice Initiative demonstrate that where citizens can work—freely and securely—in cooperation with law enforcement to hold criminals accountable, they hold the future of their community in their own hands. The system can work with them and for them."