Live Blog: Hoonah homicide trial wrap-up
Posted on November 2, 2012 at 7:08 am
Category: Crime & courts, Featured News, Syndicated
Estimated reading time: 2 minutes, 17 seconds
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(April 5th update: Marvin was sentenced to two consecutive 99-year sentences. See recent blog entries below for more details about the sentencing hearing.)
(November 3rd update: Two guilty verdicts for murder in the first degree were returned at noon Saturday. See Saturday’s blog entries below for more details about the reading of the verdict.)
The case of a Hoonah man accused of shooting and killing two police officers is now in the hands of a jury.
Ten men and two women will begin deliberations on Friday in the trial of John Nick Marvin, Jr. that is now underway in Juneau.
A handful of witnesses were called to the stand to testify on Thursday morning, and then the defense rested its case.
Before closing arguments Thursday, Marvin told the judge that he didn’t not want to testify in his own defense.
“I will remain silent.”
Marvin is accused of killing police officers Matthew Tokuoka and Anthony Wallace in Hoonah in August 28, 2010. He allegedly remained in his house – only coming out briefly – before surrendering to officers over a day after the shooting.
Jurors reached a verdict at about noon Saturday which was announced about 42 minutes later.
Read more about Thursday’s closing arguments with KTOO’s live blog of the day’s proceedings.
Additional information can be found on KTOO’s Special Projects page devoted to the case.
And here’s the link to our November update on the criminal case that includes a brief explanation of the civil suit in the last few paragraphs:
And here’s the link to the page that includes pictures of Tony Wallace:
Court is adjourned just before 11. Marvin is led out of the courtroom.
Judge George now considering whether this is the worst offense or Marvin can be considered as a worst offender, eligibility of parole, other considerations.
Incident happened without provocation? Not exactly right, says Hedland.
Defense attorney Eric Hedland now making his remarks. He says that John Marvin still maintains his innocence despite the jury verdicts.
He also called for Haley Tokouka’s civil suit against City of Hoonah to be dismissed.
Goodner now explaining what he thinks of John Marvin, no respect for him. He wants two 99 year sentences imposed.
He’s explaining the loss to family and friends, eventual financial impact on family.
Dean Goodner, Matthew Tokuoka’s father, now making his remarks. He’s thanking everyone for their support and accomadations after the tragedy.
Haley now remembering last words with Matthew as he died in Hoonah clinic, Tony being prepared for medevac to Juneau. Harsh words from Haley about what she wanted to do to John Marvin for taking both Tony and Matthew.
Haley now recounting meeting Debbie, shooting incident.
Haley recounting spending time with Matthew, kids, Alaskan activities…
Marvin keeps thumbing through pages of a court rule book as Haley reads the letter. Greene writes that she forgives Marvin. Now, Haley reads an officer’s prayer.
Debbie Greene’s letter refers to destroyed family, no prospects of grandchildren, Tony’s grandmother dying shortly afterward. Marvin does not appear to be listening, but Judge George’s attention is squarely on Haley.
Haley Tokuoka to read Debbie Greene’s letter. Greene is listening…
Brower: court should focus on isolation and deterrence of others. Notes recent shootings of court officers down south.
Question from judge: At some point the years stack up and become superfluous (sic), right? Brower responds by citing earlier case.
Marvin is talking to defense attorney Eric Hedland while Brower is making his remarks. Brower wants the judge to find Marvin as worst offender.
Brower says Marvin knew that both men were officers. Small town. Brower references an encounter exactly a year earlier between officers and Marvin.
District Attorney Dave Brower now making his remarks. Remembers visiting Hoonah. He wants two consecutive 99-year sentences for murder of both officers.
No evidence to be presented by defense or prosecution. Straight to sentencing remarks.
PSR or pre-sentence report now being discussed by judge and attorneys.
One of the officers just sworn to the thumb printing and signing of the form.
Haley Tokuoka and Matthew’s father are in the courtroom. Debbie Greene, Tony Wallace’s mother, is listening by phone from Louisiana.
Superior Court Judge David George just walked in with a huge stack of case files and documents.
Sentencing hearing getting underway momentarily. Everybody is in the courtroom and waiting for the judge.
John Marvin, Jr.’s sentencing is still scheduled for this Friday starting at 9 a.m. Check back here later for further updates and coverage of the hearing.
I just checked court records and it looks like the defendant, the City of Hoonah, has just retained an attorney for case. Leslie Longenbaugh is a local private attorney who specializes in civil cases and also works as a part-time federal magistrate. Last week, she asked for an extension to respond to the original complaint filed by Tokuoka’s attorney back in August. This may be a slow-going case.
Also on Monday, Public Defender Eric Hedland made a very cryptic comment about the giving the court a heads-up about something happening later that may either require the knowledge or consent of the District Attorney. I didn’t include that bit in Tuesday’s story.
I asked Hedland about it afterward even though I knew it was a completely futile effort. He was being obscure simply because there were only two spectators in that courtroom, myself and another reporter.
During a break in court later that day, Warford told me that she only did half of the call. There’s another sound that’s made (I can’t remember if it’s before or after) that is intended to imitate the seal taking a breath.
This is the response from the District Attorney’s office.
As we reported earlier, the judge has yet to rule on the motion.
It’s normally good practice for a journalist to ask one, final question in case the interviewer has forgotten something or the interviewee has something that they’d like to get off their chest. I haven’t aired this actuality yet. But this is the final take-away that was specifically meant for the people of Hoonah:
Greene also sent along some pictures of Anthony Wallace and her last few days with him (She called him Tony). I hope to have a story produced later this week or next week about her son.
As I mentioned in an earlier posting, family members and public defender Eric Hedland left the courtroom and the building fairly quickly.
It should be noted, though, that Hedland never talks to media on the record or on tape. He eschews the usual media grandstanding that some private attorneys like to do, and he prefers to let his filings or courtroom arguments speak for himself.
Debbie Greene, mother of Sgt. Anthony Wallace, embraces Haley Tokuoka, wife of Officer Matthew Tokuoka, after reading of the jury’s verdict on Saturday.
Debbie Greene (in white) and Haley Tokuoka (obscured) embrace friends after the verdict is read and court is adjourned.
John Nick Marvin, Jr. on Saturday just moments before the jury’s verdict is read.
This hearing, which was attended by John Marvin and attorneys, was delayed for about half-an-hour as everybody waited for an in-court clerk to arrive at the courthouse. Within minutes of Judge David George sending an answer back to the jury, they had sent out another note saying that they had reached a verdict.
This was the scene earlier this morning when the media arrived for the second day of jury deliberations, or the twelfth day of the trial.
Calendar sheet noting the trial was still up from Friday.
I edited the audio so it ends just before Judge George polls the jury and addresses each one by name. The first juror was a little confused when it came to the findings of fact regarding whether Wallace or Tokuoka were clearly identifiable as police officers. The juror initially remembered it as reversed from the actual verdict form. Some of the other jurors were shaking their heads back-and-forth as if to say “No, no, no” when Judge George was polling the juror. The jury was asked to return to the jury room to get it straightened out. Later, they returned and the polling continued.
Public defender Eric Hedland, Debbie Greene and Haley Tokuoka all left without commenting. Jurors left the building as attorneys were scheduling sentencing. District Attorney Dave Brower did talk to the media briefly afterward. I’ll try to post something from that shortly.
Correction: Two weapons misconduct charges
Brower: Misconduct charges being dismissed. They were bifurcated earlier.
Polling done. Bench conference.
Judge George is asking each juror about the verdict for each officer, and associated factual finding about each man being a clearly identifiable police officer. Yes for Wallace, no for Tokuoka.
Jury back in. Polling to resume.
Overheard from Haley to Brower: “Thank you”
One juror appears to be confused about factual findings. Back to jury room for jury.
Debbie and Haley upset in relief. Jury being polled.
Guilty for murder 1 for Tokuoka.
Guilty for murder 1 for Wallace.
Mr Marvin would you rise?
Foreman hands verdict form to judge.
Most are looking down as they are coming in.
Only eleven hours of deliberations over two days.
Jury being brought in…
Verdict reached at noon, according to note.
Debbie Greene and Haley Tokuoka, John Marvin, Judge George now in courtroom.
More officers apparently on the way.
Brower just explained the jury question to the two officers.
Judge George is crafting a response and dating it.
Judge George: “Statute is ambiguous” and is not clear on ‘clearly identifiable’.
Judge George: “Fundamental question is whether it is a subjective test or objective test.” He highlighted examples of officers along with other officers, or clearly engaged in the course of their duty.
Brower makes a comparison between a big city and a small town where there may be fewer officers, but everyone knows them.
Brower: ‘Clearly identified’ is not defined.
New in-court clerk (different clerk than most of the trial) just made it in. She’s booting up computers and doing check of audio system.
We’ve got a question from the jury.
I should’ve brought a coffee maker.
Dimond Courthouse lobby (I incorrectly called it a mezzanine earlier) which is open to the both first- and second-floors is occupied only by three reporters and a security person. We wait.
I may have posted something like this a few days ago, but this may be a slightly better version even though it’s still a photo of a projection.
This is the view out of the second-floor south side window on John Marvin’s house (where he’s alleged to have fired the shots) toward where the officer’s were located on August 28, 2010. The Tokuoka truck has been parked in a scene that was recreated by Alaska State Trooper investigators. There appears to be a blue tent (from a recent vigil?) located near where the Tokuoka vehicle was initially parked on the evening of August 28. The Tokuoka vehicle, a black Chevy Avalanche, in this picture is parked near where Anthony Wallace’s patrol vehicle would’ve been parked on that night. Haley Tokuoka (in white) is standing near where she was talking to Debbie Greene sitting inside the patrol vehicle. The person in orange is in the approximate location where Matthew Tokuoka was shot.
Judge George to tell them to come back tomorrow at 9 am. Print out to be given to them then.
John Marvin back. Now we’re waiting for DA and PD.
Brower just left to go upstairs to check with his staff about a print out of some sort. Hedland went to follow him. Marvin escorted back downstairs. Back in 15 minutes or so…
Radio traffic audio file is combined with 31 clips. Each clip likely has a time/date tag that may be viewed or printed out.
Earlier, the jury had asked for highlighters. Now they have a question. But there’s no one in the courtroom except the in-court clerk and the media. Where is everybody?
I think I ended up taking way too many pictures of the back of District Attorney Dave Brower’s head during this trial. Something a little different here.
The alleged murder weapon and some of the officer’s clothing with blood stains and bullet holes. The rifle is one of the few items that jurors will NOT be able to take back with them to examine in the jury room.
The trial’s other major attorney, Eric Hedland, from the public defender’s office, makes use of his last chance before the jury. Superior Court Judge David George listens in the background.
I’ve posted the complete closing arguments from yesterday at the top of this page. I was a little slow in hitting the record button at the start of the prosecutors’s rebuttal, but it’s only a few seconds that are missing.
All sandwiches, just different types, according to the cheerful deliverywoman from Bullwinkle’s.
But when it comes to flavors of Teddy’s, it looks like we’ve still got a hung jury.
Second floor, going up?
Debbie Greene, who witnessed her son Anthony Wallace becoming mortally wounded on Front Street in Hoonah, has been another principal character in this trial.
I was so taken aback and stunned after the first day of testimony last week that I completely forgot to take her picture when she first appeared on the witness stand. This picture of Greene was taken yesterday when she was recalled to the stand by public defender Eric Hedland. He tried to get her to specifically describe the location of a set of trash dumpsters next to the Hoonah Liquor Store and roughly across the street from John Marvin’s house. That’s where the Tokuokas were going to unload their trash in what turned out to be just minutes before the shooting on August 28, 2010.
Greene said she really didn’t know where the dumpsters were located. It just wasn’t something that she remembered from the shooting.
Go to the first entry in Wednesday’s blog for a recap about the ethanol testimony:
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