The sentencing of John Nick Marvin, Jr. has been moved to April 5th.
The Hoonah man, convicted during a jury trial last November of killing two police officers, was to be sentenced Feb. 1st. A presentence report was due late last month.
Sitka Superior Court Judge David George acknowledged on Tuesday that he made a verbal request of the Probation Department for a report on Marvin. But a written order was never issued.
It normally takes sixty days to draft such a report.
Both the prosecution and defense are usually allowed sufficient time to review the report before formal sentencing. Judge George will likely consider the report’s findings before handing down a sentence. Marvin will serve 99-years for the murder of Sargent Anthony Wallace and he could be sentenced to between 20- and 99-years for the murder of Officer Matthew Tokuoka.
Meanwhile, Judge George says he’s preparing to issue a decision on a motion for a new trial. Marvin’s defense attorney wants a trial to determine whether Wallace was actually in the performance of his official duties during the August 2010 shooting. Wallace was in uniform and on patrol in a department vehicle while Tokuoka was off-duty and not in uniform. The outcome of such a new trial could mean as much as 79-years taken off of Marvin’s potential sentence.
- Legislators are considering a special audit of the Alaska Mental Health Trust and how the trustees are investing its money.
- Cynthia Franklin, who helped guide Alaska's work in setting up the state's legal marijuana industry, is resigning as director of the Alcohol and Marijuana Control Office.
- An online controversy spread to the halls of city government in Anchorage on Tuesday, with accusations flying about fake news, liberal media bias and a militant Islamic training camp in Wasilla that does not exist.
- Former Sen. John Glenn has died at 95. After a career as a Marine pilot, Glenn was chosen as an astronaut. He was the third American in space.