Gregory Dee Birdsong

Gregory Birdsong

I'm a little baffled that Mr. MacPheat has developed this late dissatisfaction with my service. We parted on amicable terms when I withdrew from the case in June 2015. I withdrew from representation because I declined, as is my professional responsibility, to raise what I considered to be a frivolous trial argument that Mr. MacPheat had seized upon. Mr. MacPheat is being disingenuous about the charges against him. He was charged with 16 counts of PiC and one count of Stalking. Review of my correspondence with the city attorney shows that, before my withdrawal, I had proposed - and the city attorney was considering - an agreement to plead guilty to a single count of PiC with 6 months suspended. The Sentencing Order entered April 8, 2016 shows Mr. MacPheat susbsequently pled no contest to one count PiC (6 months, suspended) and one count Stalking (12 months, suspended). Subsequent counsel did not get the additional PiC charges dismissed for lack of probable cause. They were dismissed by the City as part of the plea agreement, as they would have been under the plea agreement I was working on at the time of my withdrawal. I don't recall the city attorney threatening to charge some of the PiC charges as felonies if the case went to trial, but it is quite possible she did so. Montana Code Annotated 45-8-213 provides the following penalties for PiC: (3)(a) A person convicted of the offense of violating privacy in communications shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. (b) On a second conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the county jail for a term not to exceed 1 year or be fined an amount not to exceed $1,000, or both. (c) On a third or subsequent conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $10,000, or both. The penalty under subsection 3(c) corresponds to a felony conviction. While defense counsel would oppose it, it is not uncommon for the prosecution to attempt to "stack" escalating offenses of this type (Partner Family Member Assault is another such offense) - resulting in increasing penalties. So I might well have told him of the threat. I would also have told him such a move would be opposed. I'm sorry Mr. MacPheat is dissatisfied with my work on his behalf. In my opinion, I would have gotten Mr. MacPheat an equal or better result - nearly a year sooner - if he had been patient and allowed me to do my job. Greg Birdsong