Defendant denied public defender

POLSON — Money seemed to be the root of several problems for a man who appeared in district court last week for sentencing on his felony conviction of issuing a bad check.

Howard Brand sat alone at the defendant’s table while Judge C.B. McNeil sentenced him to the terms stipulated in his plea agreement, including the payment of $20,000 in restitution and 10 years suspended jail time.

Brand appeared in court pro se because, according to court documents, his assets disqualified him from receiving the services of the public defender’s office. But according to the defendant himself, he has been unable to retain a lawyer because he cannot access the very money that disqualifies him.

In a letter written from prison and addressed to McNeil, Brand explained his problem.

“I have been in front of your honor a few time over the last six months. I was appointed a public defender to represent me in my case. He did a good job — got me a plea deal that is fair,” Brand wrote. “He withdrew himself because of my assets in Alaska. I have no way to sell any assets I have, or should say had, as I do not know what I have lost due to the fact that I have been in Montana the last nine months and in jail seven of those months.”

McNeil acknowledged receipt of the letter in court Wednesday, but again noted that “the defendant’s assets exceed the amount which would cause him to be entitled to public defender services.”

The sentence imposed by McNeil was the harsher of two potential sentences. State prosecutors suggested a lesser sentence if Brand had made restitution by the time of sentencing, a different, harsher one if he had not.

As of Wednesday morning Brand had not yet paid back the money, but before leaving the courtroom stated his intention to do so as soon as possible.