OFF THE WIRE
agingrebel.com
The strange and corrupt case of the Rock Hell Five got a little more honest
Tuesday afternoon. One time lead defendant Daniel Eugene “Diamond Dan” Bifield
moved to withdrew his guilty plea to a charge of racketeering conspiracy.
Bifield and his wife Lisa both agreed to plea bargains last December 27.
Bifield was blackmailed into taking the deal under that threat that his wife
would never see her daughter again if he didn’t. Unbeknownst to Dan Bifield,
Lisa Bifield had been talking with prosecutors since last June.
Bifield block printed his five page motion on ruled paper by hand. It reads
as follows.
Based on prosecutorial misconduct, the defendant wants to withdraw his plea
agreement for the following reasons:
1. U.S. Attorney Richardson and the FBI had Lisa Bifield sign a proffer in
July and August of 2012 but withheld this knowledge and information from me on
the day I signed my plea agreement – 12/27/12.
2. That U.S. Attorney Richardson, the FBI and other law enforcement withheld
a statement made by Lisa Bifield on 6/7/12, the day of our arrest, from me on
the day I signed my plea agreement – 12/27/12.
3. That the U.S. Attorney used my wife, Lisa Bifield, to place me under
duress for me to sign a plea deal by threatening to put my wife in prison for 14
years and telling her she would never see her 14-year-old daughter again.
4. That the U.S. Attorney pressured us to take this one time offer of a plea
deal and only allowed us seven days to decide – starting the day after
Christmas. We should have been allowed just as much time as the other
co-defendants had to decide their plea deals.
5. That when I made the plea agreement I wasn’t aware of an agreement that my
wife Lisa Bifield had to testify. If that had been the case I never would have
taken the plea deal. I was told by my lawyers that Lisa could admit to things
that she did with me in the indictment, as part of her guilty plea for
acceptance of personal responsibility. I was also told that if she could testify
to anything it would help her to get more time off her sentence, which I did not
agree to nor ever will! At this time I asked everybody to leave the room so I
could talk to my wife. I told her that I didn’t think she was getting a good
deal and I didn’t like the plea deal because they gave her too much time for
pleading guilty. I also told her I didn’t want her to ever testify to anything.
My wife told me she didn’t know anything to testify about – that she wanted to
go home as soon as possible to take care of her daughter and that she didn’t
want to die in prison. So, I took the plea deal.
6. My plea agreement was to plead guilty to conspiracy of the RICO Act and to
receive 20 years with three years probation; that my wife would plead guilty to
the gun count for five years with two years probation; and that she would go to
a prison camp. Nobody told me or Lisa that she had to testify. Also, nobody told
us of the five years to life with five years probation until we heard it in
court.
7. I also should have been allowed to have read my wife Lisa Bifield’s plea
agreement since I sacrificed myself, my appeals and my rights.
8. That my withdrawal of said plea agreement should have no effect on Lisa
Bifield’s guilty plea.
9. Rules of evidence, prosecution must disclose any and all evidence prior to
trial or plea agreement.
10. I would like to state for the record all the things that I have been
denied and all the wrong that has been done to both my wife, Lisa Bifield, and
myself. I have been denied the right to find witnesses who may have had
information or evidence to help prove our innocence. I was denied my right to
have a private investigator who could have helped with the defense to find
witnesses and evidence. Since the start of the case I have been kept in lockdown
23 hours a day with no human contact. My wife, Lisa Bifield, has also been kept
on lockdown. We have been living under extreme conditions and made to suffer. We
have been denied our rights to correspondence as husband and wife. Our mail has
been held from us, taken, stolen or lost. We are being kept in lockdown because
of stories and lies told by the U.S. Attorney and the FBI. If somebody really
bothered to investigate this, then they would have known the truth. But nobody
cared! I have been denied my rights to properly defend myself, to make the phone
calls I need and to work on my case with the other co-defendants, especially my
wife. We have been kept apart on purpose so we can’t share information, facts,
dates, times, witnesses and events that did or didn’t happen. We have been
punished and made to suffer in many ways. My wife has been told lies and stories
to try to turn her against me. The conditions we are forced to live in are cruel
and unusual punishment and have effected our abilities to defend ourselves.
11. I also believe and know that the U.S. Attorney, the FBI, the CIs
(Confidential Informants or Confidential Human Sources) and other law
enforcement have withheld evidence, tampered with evidence (tape recordings) and
have destroyed evidence that would have helped our defense. That evidence has
not been turned in right away by the CIs and statements made by the CIs, FBI and
other law enforcement are not truthful. I can’t find videos that are supposed to
back up statements and evidence from CIs. There is a lot of stuff missing and
messed up that would help to prove our innocence. I’d also want to contest that
fake, attempted Hobbs Act robbery and the fake drugs and the amount of drugs
being used against us.
12. I’d like to put on the record that any statement made by my wife, Lisa
Bifield, was made under duress, under the influence and while detoxing from
Xanax and sleeping pills.
13. On 6/7/12 Lisa Bifield was upset, confused, scared, didn’t understand and
was coerced by the U.S. Attorney, the FBI and other law enforcement into giving
a fake statement. Lisa Bifield was in shock and in no condition to make any kind
of statement to anything that happened or took place – especially after the
blowing up of our home.
14. I would also like to express that in July and August when Lisa Bifield
gave a proffer statement she was and had been suffering from the influence of
Xanax and sleeping pills. Because of that she was not in her right state of
mind, mentally and physically. She cannot be held accountable for her actions or
anything she has said. It is pretty clear she did not know what she was doing or
understood her rights. Because of her addiction and detoxing, she had a head
injury, had to be given a shot by the doctor and taken to the outside hospital.
She does not even remember any of this or much of anything else. Because of this
the U.S. Attorney and the FBI took advantage of these facts and her and violated
her rights!
15. Based on the foregoing and because of the nondisclosure of evidence and
the ongoing corrupt actions of not only the U.S. Attorney but also the FBI and
other law enforcement, I Daniel Eugene Bifield take my plea agreement back.
I, Daniel Bifield, hereby declare that all of the statements made in this
motion are true and correct to the best of my knowledge.
Daniel Bifield
2/19/13
