FEB. 2. 2025: A bit over three weeks ago Judge Molloy denied and dismissed Buggz’s federal habeas petition. It’s now been over 18 years since Lucky Kvelstad died. Nearly 18 years since Buggz lost his physical freedom to a life in custody. It’s been nearly 12 years since I agreed to represent him in his post-conviction effort to prove his innocence.
WHY? Recall that J.Molloy assigned this case to Magistrate Johnston over a year ago to determine if there was enough evidence of innocence and no procedural hurdles to allow Buggz to proceed. That was after Molloy read Buggz’s 10-page explanation of our newly discovered facts proving his innocence and was persuaded enough to allow further review. Mag. Johnston ordered the State prosecutor to provide all the evidence from the 2020 hearing, along with trial transcripts and the hearing transcript. Yet the prosecutors only provided their own evidence, not ours. Still, in August last year, Mag. Johnston wrote in an order that he could not say Buggz was not innocent nor that anything prevented him from going ahead. The State provided nothing new in their response to that order, so honestly, Buggz and I believed we’d finally see him exonerated and freed. Instead, in December, Molloy suddenly snatched the case back from Mag. Johnston and then dismissed the petition, also denying Buggz the chance to appeal.
GOING FORWARD: As soon as I read the denial, I felt shock, betrayal, and utter defeat. I ranted about the incredibly biased justice system. How could Molloy ignore our evidence that Lucky Kvelstad was not murdered but rather died from hypothermia and hypoxia? How could he ignore the fabricated and altered photos and crime scene video? Or Photo 42 and the testimony of Nathan Oats which conclusively show Lucky was alive and crawled forward over two feet after the cops and EMTs left him for dead?
I immediately sent Buggz a message through the prison’s messaging app which he did not get. I didn’t want him to find out by receiving the paper order, but that’s how he learned of this defeat. Next, I contacted a federal habeas lawyer, Brian Pomerantz, for help. As I write, he has agreed to try because Buggz needs Brian’s expertise and experience. Buggz also needs YOUR HELP. Please, if you’ve landed on this page, if you’ve read his story in Innocent Behind Bars, look at our evidence. If you agree with our conclusions that Buggz is innocent, contact me. Maybe write our Montana legislators and the FBI. Literally, tell anyone who can help. Spread the word on whatever social media platform you love. This innocent man’s life is at stake, and you CAN make a difference. From Buggz and from me, THANK YOU!!
