Live Blog: Hoonah homicide trial wrap-up

(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.


Matt Miller
April 24, 20139:45 am
http://www.ktoo.org/2013/04/24/city-of-hoonah-responds-to-lawsuit-filed-by-officers-widow/

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:

http://www.ktoo.org/2012/11/16/convicted-hoonah-murderer-wants-new-trial/


Matt Miller
April 8, 20135:32 pm

Matt Miller
April 6, 20139:16 pm

Matt Miller
April 5, 201311:05 am

Court is adjourned just before 11. Marvin is led out of the courtroom.


Matt Miller
April 5, 201310:57 am

Matt Miller
April 5, 201310:50 am

Matt Miller
April 5, 201310:47 am

Matt Miller
April 5, 201310:39 am

Matt Miller
April 5, 201310:35 am

Judge George now considering whether this is the worst offense or Marvin can be considered as a worst offender, eligibility of parole, other considerations.


Matt Miller
April 5, 201310:30 am

Matt Miller
April 5, 201310:19 am

Matt Miller
April 5, 201310:14 am

Matt Miller
April 5, 201310:12 am

Matt Miller
April 5, 201310:07 am

Matt Miller
April 5, 201310:04 am

Matt Miller
April 5, 20139:59 am

Matt Miller
April 5, 20139:56 am

Incident happened without provocation? Not exactly right, says Hedland.


Matt Miller
April 5, 20139:54 am

Defense attorney Eric Hedland now making his remarks. He says that John Marvin still maintains his innocence despite the jury verdicts.


Matt Miller
April 5, 20139:53 am

He also called for Haley Tokouka’s civil suit against City of Hoonah to be dismissed.


Matt Miller
April 5, 20139:51 am

Goodner now explaining what he thinks of John Marvin, no respect for him. He wants two 99 year sentences imposed.


Matt Miller
April 5, 20139:48 am

He’s explaining the loss to family and friends, eventual financial impact on family.


Matt Miller
April 5, 20139:46 am

Dean Goodner, Matthew Tokuoka’s father, now making his remarks. He’s thanking everyone for their support and accomadations after the tragedy.


Matt Miller
April 5, 20139:45 am

Matt Miller
April 5, 20139:41 am

Matt Miller
April 5, 20139:39 am

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.


Matt Miller
April 5, 20139:37 am

Haley now recounting meeting Debbie, shooting incident.


Matt Miller
April 5, 20139:35 am

Haley recounting spending time with Matthew, kids, Alaskan activities…


Matt Miller
April 5, 20139:32 am

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.


Matt Miller
April 5, 20139:30 am

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.


Matt Miller
April 5, 20139:28 am

Haley Tokuoka to read Debbie Greene’s letter. Greene is listening…


Matt Miller
April 5, 20139:26 am

Brower: court should focus on isolation and deterrence of others. Notes recent shootings of court officers down south.


Matt Miller
April 5, 20139:25 am

Question from judge: At some point the years stack up and become superfluous (sic), right? Brower responds by citing earlier case.


Matt Miller
April 5, 20139:22 am

Marvin is talking to defense attorney Eric Hedland while Brower is making his remarks. Brower wants the judge to find Marvin as worst offender.


Matt Miller
April 5, 20139:20 am

Brower says Marvin knew that both men were officers. Small town. Brower references an encounter exactly a year earlier between officers and Marvin.


Matt Miller
April 5, 20139:17 am

District Attorney Dave Brower now making his remarks. Remembers visiting Hoonah. He wants two consecutive 99-year sentences for murder of both officers.


Matt Miller
April 5, 20139:16 am

No evidence to be presented by defense or prosecution. Straight to sentencing remarks.


Matt Miller
April 5, 20139:14 am

PSR or pre-sentence report now being discussed by judge and attorneys.


Matt Miller
April 5, 20139:13 am

One of the officers just sworn to the thumb printing and signing of the form.


Matt Miller
April 5, 20139:12 am

Matt Miller
April 5, 20139:10 am

Haley Tokuoka and Matthew’s father are in the courtroom. Debbie Greene, Tony Wallace’s mother, is listening by phone from Louisiana.


Matt Miller
April 5, 20139:09 am

Superior Court Judge David George just walked in with a huge stack of case files and documents.


Matt Miller
April 5, 20139:06 am

Sentencing hearing getting underway momentarily. Everybody is in the courtroom and waiting for the judge.


Matt Miller
April 2, 201310:53 am

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.


Matt Miller
January 9, 201310:05 pm
http://www.ktoo.org/2012/11/16/convicted-hoonah-murderer-wants-new-trial/

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.


Matt Miller
January 9, 20137:48 pm
http://www.ktoo.org/2013/01/08/delayed-sentencing-for-convicted-hoonah-shooter/

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.


Matt Miller
November 26, 20129:10 pm

Matt Miller
November 26, 20127:08 pm
http://www.ktoo.org/wp-content/uploads/2012/11/EricHedlandfiling.pdf

This is the response from the District Attorney’s office.

http://www.ktoo.org/wp-content/uploads/2012/11/DaveBrowerfiling.pdf

As we reported earlier, the judge has yet to rule on the motion.


Matt Miller
November 5, 201212:00 pm

Matt Miller
November 3, 20129:19 pm

Matt Miller
November 3, 20128:32 pm

Matt Miller
November 3, 20127:49 pm

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.


Matt Miller
November 3, 20127:40 pm

John Nick Marvin, Jr. on Saturday just moments before the jury’s verdict is read.


Matt Miller
November 3, 20127:31 pm

Matt Miller
November 3, 20126:39 pm

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.


Matt Miller
November 3, 20124:00 pm

Matt Miller
November 3, 20123:07 pm

Matt Miller
November 3, 20121:49 pm

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.


Matt Miller
November 3, 20121:05 pm

Matt Miller
November 3, 20121:02 pm

Correction: Two weapons misconduct charges


Matt Miller
November 3, 20121:01 pm

Brower: Misconduct charges being dismissed. They were bifurcated earlier.


Matt Miller
November 3, 20121:00 pm

Matt Miller
November 3, 201212:58 pm

Polling done. Bench conference.


Matt Miller
November 3, 201212:58 pm

Matt Miller
November 3, 201212:52 pm

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.


Matt Miller
November 3, 201212:48 pm

Jury back in. Polling to resume.


Matt Miller
November 3, 201212:47 pm

Overheard from Haley to Brower: “Thank you”


Matt Miller
November 3, 201212:45 pm

One juror appears to be confused about factual findings. Back to jury room for jury.


Matt Miller
November 3, 201212:43 pm

Debbie and Haley upset in relief. Jury being polled.


Matt Miller
November 3, 201212:42 pm

Guilty for murder 1 for Tokuoka.


Matt Miller
November 3, 201212:42 pm

Guilty for murder 1 for Wallace.


Matt Miller
November 3, 201212:41 pm

Mr Marvin would you rise?


Matt Miller
November 3, 201212:41 pm

Foreman hands verdict form to judge.


Matt Miller
November 3, 201212:40 pm

Most are looking down as they are coming in.


Matt Miller
November 3, 201212:39 pm

Only eleven hours of deliberations over two days.


Matt Miller
November 3, 201212:39 pm

Jury being brought in…


Matt Miller
November 3, 201212:39 pm

Verdict reached at noon, according to note.


Matt Miller
November 3, 201212:38 pm

Debbie Greene and Haley Tokuoka, John Marvin, Judge George now in courtroom.


Matt Miller
November 3, 201212:28 pm

More officers apparently on the way.


Matt Miller
November 3, 201212:19 pm

Brower just explained the jury question to the two officers.


Matt Miller
November 3, 201212:13 pm

Matt Miller
November 3, 201212:08 pm

Verdict reached.


Matt Miller
November 3, 201212:07 pm

Matt Miller
November 3, 201211:55 am

Judge George is crafting a response and dating it.


Matt Miller
November 3, 201211:50 am

Matt Miller
November 3, 201211:47 am

Judge George: “Statute is ambiguous” and is not clear on ‘clearly identifiable’.


Matt Miller
November 3, 201211:45 am

Matt Miller
November 3, 201211:41 am

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.


Matt Miller
November 3, 201211:36 am

Brower makes a comparison between a big city and a small town where there may be fewer officers, but everyone knows them.


Matt Miller
November 3, 201211:35 am

Brower: ‘Clearly identified’ is not defined.


Matt Miller
November 3, 201211:34 am

Matt Miller
November 3, 201211:28 am

Judge back.


Matt Miller
November 3, 201211:28 am

Matt Miller
November 3, 201211:23 am

Matt Miller
November 3, 201211:20 am

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.


Matt Miller
November 3, 201211:05 am

Matt Miller
November 3, 201210:49 am

We’ve got a question from the jury.


Matt Miller
November 3, 20129:43 am

I should’ve brought a coffee maker.


Matt Miller
November 3, 20129:43 am

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.


Matt Miller
November 3, 20129:13 am

Matt Miller
November 2, 20126:52 pm

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.


Matt Miller
November 2, 20124:53 pm

Judge George to tell them to come back tomorrow at 9 am. Print out to be given to them then.


Matt Miller
November 2, 20124:52 pm

Matt Miller
November 2, 20124:46 pm

John Marvin back. Now we’re waiting for DA and PD.


Matt Miller
November 2, 20124:45 pm

Matt Miller
November 2, 20124:41 pm

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…


Matt Miller
November 2, 20124:38 pm

Radio traffic audio file is combined with 31 clips. Each clip likely has a time/date tag that may be viewed or printed out.


Matt Miller
November 2, 20124:33 pm

Matt Miller
November 2, 20124:27 pm

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?


Matt Miller
November 2, 20122:51 pm

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.


Matt Miller
November 2, 20121:02 pm

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.


Matt Miller
November 2, 201212:18 pm

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?


Matt Miller
November 2, 201210:25 am

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.


Matt Miller
November 2, 201210:00 am

Matt Miller
November 2, 20127:11 am

Matt Miller
November 2, 20127:09 am
http://www.readbag.com/esmed-ar-download-postgrado-medicina-legal-criminalistica-toxicologia-de-laboratorio-17-10-2009-interpretation-of-postmortem-alcohol-concentrations-2005-for

Go to the first entry in Wednesday’s blog for a recap about the ethanol testimony:

http://www.ktoo.org/2012/10/31/live-blog-hoonah-homicide-trial-day-9

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