Frank Parlato
The arrest of Toni Fly came without warning: no explanation or warrant. On a Friday in July—2016—in Idaho Falls, Fly was taken into custody by local police on orders from an unnamed federal agency. “They say it’s federal,” an officer told Fly as she sat handcuffed, the skin on her wrists beginning to redden. An FBI agent showed up hours later with a warrant—on his smartphone, not paper. By then, Fly had already been questioned. The agent finally said, “They’re indicting you under 18 U.S.C. 1512,”—witness tampering. The message at the center of it was a text sent by Fly that read: “You should be more truthful.” The prosecution would later tell the grand jury this was a veiled death threat.
If telling someone to be honest was now a federal crime, the logic went, every American was at risk.
Feds charged Fly, then changed the crime after their case fell apart
The charge didn’t last. In court that September, it collapsed—no evidence, no elements, no basis in law. The judge dismissed it.
Then came the real charge. Federal prostitution. The Mann Act. Section 2421(a). The government now claimed Fly had illegally transported her adult daughter, Canya Fly, across state lines for immoral purposes.
But there was a problem. Several, actually.
First, Canya drove herself—sometimes hours ahead of Fly. She carried her own cash, cards, fuel. Their trip was for work. Fly was contracted with AmeriFleet to deliver cars. Canya was there to help shuttle her back.
In their own words, the prosecution admitted this in a post-conviction brief: “Canya drove herself.”
Under Twitchell v. United States, that’s not a crime.
“Section 2421 only prohibits transportation of a woman by someone else,” the Ninth Circuit wrote in 1964. Even if someone suggested it, a woman transporting herself is not a violation.
Yet Fly was indicted anyway. Convicted. Sentenced.
The original charge—witness tampering—had served its purpose. A “placeholder,” Fly later called it. It kept her locked in federal custody while prosecutors built a case from scraps. When that first charge died, they pivoted. Quickly.
No state statute was cited in the indictment. No immoral intent alleged. No jurisdiction proven. Still, the prosecution went forward.
Prosecutors blocked medical care and used false testimony to convict
Then came the conditions of confinement.
Hormone therapy—already approved—was denied.
“The hormone therapy has been approved and it’s on its way, your honor.” said a Deputy U.S. Marshal in court.
But internally, the emails told a different story. A nurse at the North Dakota jail received word from Marshal David Behm: “Don’t even ask. It’ll just be denied again.”
Fly, who is intersex, began to deteriorate. Anxiety levels peaked. A court psychologist measured Fly at 50 out of 63 on the Beck scale. Severe. Maximum. Deliberate.
Meanwhile, evidence was being bent.
At sentencing, the government introduced testimony from Brenda Townsend, née Fink. In 1994, she had accused Fly—and her own uncle—of sexual assault. Later, she admitted she lied. A medical exam confirmed her hymen was intact. No intercourse. No abuse. No charges.
Still, the prosecution brought her back. Not for a conviction. For confusion.
“Make the judge believe there was a minor involved,” Fly now believes was the goal. “Confuse him with incest. Bring in religion. Bring in shame.”
No state law was listed in the indictment. No transport intent was ever proven. And under the Mortensen ruling of 1944, even a journey by sex workers is not illegal—so long as the travel wasn’t for immoral ends.
“If innocent when it began, it remained so until it ended,” the Supreme Court wrote then.
The trips Fly took were for work. That was never disputed.
What followed was not of law, but of spectacle. Of insinuation. Of bureaucracy and brute force.
In the end, Fly, facing decades in prison, took a plea deal. The US government convicted her not for what happened, but for what they imagined. It was born from suspicion, driven by confusion, sealed by silence. Her intersex appearance was the seal of her doom.
To be continued.
Frank Parlato is an investigative journalist, media strategist, publisher, and legal consultant.
Please leave a comment: Your opinion is important to us!
Where does Flys daughter stand in all of this? Is she the one who filed a criminal complaint which triggered the federal government to act? Did she come to her fathers defense? What role did the daughter play?
DNA EVIDENCE TO PROVE HES THE BASTARD.
Horrible what happened to Fly! The case is really about others imposing their morality or beliefs about the way others should live on others. Trans people make an easy target for prosecution; and unfortunately, imaginary events are enough to rouse other’s suspicion and get them charged and locked up.
The justice system (prosecution office) can be evil. They are out for convictions and they want to believe the worst about you. I’ve been there. I had screwed up but I was not a threat to society or anyone and the prosecution wanted to keep me in jail indefinitely till my trial. Fortunately, I found the right lawyer who believed in me and my story and how I got into the bad situation I was in. The lawyer knew I was not a bad guy, rather someone who made some bad choices and was able to convince the judge at a hearing that I deserved to be released till trial. I’m so grateful for that. I did subsequently get probation and met weekly with my probation officer. With her help and the help of a serious program I turned my life around. That would have been so much harder if I were stuck in prison for years.
Prosecutors can be miserable and they don’t mind taking their dissatisfactions with life out on you. I hope Toni can recover and go on to lead a productive life.
Great comment Toni, great comment.
Not at all self-serving.
Thank you for your comment. I do really appreciate it. Finally someone who see’s the reality of things, and not the unrealistic views, of a corrupt Judicial System.