Montana
'Here we are again': Death row Canadian waits as Montana looks at resuming executions
CALGARY — The fate of a Canadian who has been on death row in Montana for the past 42 years has been thrown into more uncertainty as state legislators try again to remove obstacles to resuming executions.
Ronald Smith, 67, is originally from Red Deer, Alta., and has been on death row since 1983, a year after he and another man, high on LSD and alcohol, shot and killed two young Indigenous cousins near East Glacier, Mont.
Time moves slowly at Montana State Prison in Deer Lodge, Mont. where Smith has been described as a model prisoner for four decades. But almost like clockwork every two years, another attempt to allow the state to resume executions begins in the Montana legislature.
All executions have been stayed in Montana since 2015 because the state requires the use of an “ultra-fast-acting barbiturate” that is no longer available.
U.S. District Judge Jeffrey Sherlock ruled that pentobarbital — the drug the state was planning to use — didn’t qualify as “ultra-fast-acting” and blocked the state from using it. There hasn’t been an execution in Montana since 2006.
But a new bill, sponsored by Republican Rep. Shannon Maness, would remove the “ultra-fast-acting” language and instead allow the state to use “an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death.”
Maness did not respond to a request for an interview.
Alex Rate, legal director of the American Civil Liberties Union, said the proposed legislation is frustrating.
“They’re going to keep trying and do everything they can to dehumanize people and put people to death, so here we are again. What they’re trying to do is loosen the requirements regarding which substances can be used for lethal injection,” said Rate.
Rate said pentobarbital is still not available and administering something like antifreeze, rat poison or cyanide in a sufficient quantity to cause death is the definition of cruel and unusual punishment.
“I testified in the committee of the House Judiciary Committee and reminded them if they wanted to see the death penalty be rendered unconstitutional, adopting a bill like this would be the right way to do it because it permits just about any substance to be used.”
Going back almost 20 years, bills both to reinstate executions and abolish the death penalty have come close to passing, but have ultimately failed.
Rate said, this time, he’s worried.
“We are living in a new sort of world order here in Montana where the executive and legislative branches of government are dominated by one ideology and the death penalty fits neatly within that ideology,” he said.
“I feel like everybody is marching to the same playbook.”
Smith’s longtime lawyer, Greg Jackson, didn’t expect this issue to arise again so soon.
“This was kind of a shot out of the blue after the last many sessions we’ve had in the legislature where things went untampered with, so to speak,” he said.
“After this many years it is frustrating. This appears to be a bill, that at least on the face of it, attempts to modify a protocol that they could utilize.”
In an interview in 2021, after a similar bill was defeated, Smith was far from ecstatic.
“A lot of people look at it and say, ‘Well at least you’re alive,’ but I’m really not. I’m just sitting around like a bump on a log is all I’m doing, and after almost 40 years of this, anything is preferable,” Smith told The Canadian Press.
“I’ve hit that point where I’ve done enough of this. If they’re (legislators) not going to cut me a break, then go ahead and do away with me.”
Jackson said his client’s mood has since improved after he was granted more digital access to his family.
“It’s something that really has made life behind bars in the U.S., away from his family, at least more tolerable.”
Smith and Rodney Munro admitted to marching Harvey Mad Man, 23, and Thomas Running Rabbit, 20, into the woods by a highway. They shot each man in the head with a sawed-off .22-calibre rifle.
Smith was initially offered a plea deal that would have taken the death penalty off the table, but he rejected it. He pleaded guilty and asked to be put to death but later changed his mind. He has had five execution dates set over the years. Each has been overturned.
Munro took the plea bargain, was eventually transferred to a prison in Canada and has been free since 1998.
Rate said even if the new legislation passes, the matter is far from over.
“There’s all sorts of procedural protections and constitutional requirements that accompany putting anybody to death,” he said.
“Even assuming that the state is able to jump over those hurdles, they would have to acquire a substance that they could use and then no doubt they will be sued.”
This report by The Canadian Press was first published Feb. 2, 2025.
Bill Graveland, The Canadian Press
Montana
Apparent AI Glitch in Filing by Montana Public Defender, Recent Congressional Candidate
Everyone makes mistakes, even experienced professionals; a good reminder for the rest of us to learn from those mistakes. The motion in State v. Stroup starts off well in its initial pages (no case law hallucinations), but is then followed by several pages of two other motions, which I don’t think the lawyer was planning to file, and which appear to have been AI-generated: It begins with the “Below is concise motion language you can drop into …” language quoted above.
Griffen Smith (Missoulian) reported on the story, and included the prosecutor’s motion to strike that filing, on the grounds that it violates a local rule (3(G)) requiring disclosure of the use of generative AI:
The document does not include a generative artificial intelligence disclosure as required. However, page 7 begins as follows: “Below is concise motion language you can drop into a ‘Motion to Admit Mental-Disease Evidence and for Related Instructions’ keyed to 45-6-204, 45-6-201, and 4614-102. Adjust headings/captions to your local practice.” Page 10 states “Below is a full motion you can paste into your pleading, then adjust names, dates, and styles to fit local practice.” These pages also include several apparent hyperlinks to “ppl-ai-file-upload.s3.amazonaws,” “ppl-ai-fileupload.s3.amazonaws+1,” and others. The document includes what appears to be an attempt at a second case caption on page 12. It is not plausible on its face that any source other than generative AI would have created such language for a filed version of a brief….
There’s more in that filing, but here’s one passage:
While generative AI can be a useful tool for some purposes and may have greater application in the future, when used improperly, and without meaningful review, it can ultimately damage both the perception and the reality of the profession. One assumes that Mr. Stroup has had, or will at some point have, an opportunity to review the filing made on his behalf. What impression could a review of pgs. 12-19 leave upon a defendant who struggles with paranoia and delusional thinking? While AI could theoretically one day become a replacement for portions of staff of experienced attorneys, it is readily apparent that this day has not yet arrived.
The Missoulan article includes this response:
In a Wednesday interview, Office of Public Defender Division Administrator Brian Smith told the Missoulian the AI-generated language was inadvertently included in an unrelated filing. And he criticized the county attorney’s office for filing a “four-page diatribe about the dangers of AI” instead of working with the defense to correct her mistake.
“That’s not helping the client or the case,” Smith said, “and all you are doing is trying to throw a professional colleague under the bus.”
As I mentioned, the lawyer involved seems quite experienced, and ran for the Montana Public Service Commission in 2020 (getting nearly 48% of the vote) and for the House of Representatives in Montana’s first district in 2022 (getting over 46% of the vote) and in 2024 (getting over 44%). “Его пример другим наука,” Pushkin wrote in Eugene Onegin—”May his example profit others,” in the Falen translation.
Thanks to Matthew Monforton for the pointer.
Montana
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Montana
Montana Department of Agriculture focusing on innovation in 2026
HELENA — You probably have goals and plans for 2026—the Montana Department of Agriculture does too.
“We’re really focusing on innovative agricultural practices,” Montana Department of Agriculture director Jillien Streit said.
It’s no secret that agriculture—farming and ranching—is not easy. There are long days, planning, monitoring crops and livestock, and other challenges beyond farmers’ and ranchers’ control.
(WATCH: Montana Department of Agriculture focusing on innovation in 2026)
Montana Department of Agriculture focusing on innovation in 2026
“We have very low commodity prices across the board,” Streit said. “We still have very high input prices across the board, and we have really high prices when it comes to our equipment, and so, it’s a really tough year.”
But innovation, including new practices, partnerships and technology use, can help navigate some of those challenges.
“We can’t make more time and we can’t make more land, so we need to start putting together innovative practices that help us maximize what our time and land can do,” Streit said.
Practices range from using technology like autonomous tractors and virtual fencing—allowing rangers to contain and move cattle right from their phones—to regenerative farming and ranching.
“It is bringing cattle back into farming operations to be able to work with cover cropping practices to invigorate the soil for new soil health benefits,” Streit said.
The Montana Department of Agriculture is working to help producers learn, share, and collaborate on new ideas to work in their operations.
The department will share stories of practices that work from farms and ranches across the state. Also, within the next year or so, Streit said the department is hoping to roll out technology to help producers collaborate.
“(It’s) providing a communication platform where people can get together and really help each other out by utilizing each other’s assets,” she said.
While not easy, agriculture is still one of Montana’s largest industries, and Streit said innovating and sharing ideas across the state can keep it going long into the future.
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