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.
- Lawmakers who represent areas outside Juneau receive $295 for each day of the special session. Juneau lawmakers receive $221.25 per day.
- Sixteen veterans of the Alaska Territorial Guard will be honored at a discharge ceremony today. Four of them are from Western Alaska.
- The historic houses in Juneau and Douglas were predominately built by miners and fishermen long before today's zoning was put into place. That's prevented homeowners from restoring or rebuilding homes in these neighborhoods without running into conflict with the city's zoning laws -- a temporary fix may be on the way.
- Alaska U.S. Rep. Don Young wants to know why Americans are still fighting in Afghanistan. He has co-sponsored a bill that would end funding for the war in a year, unless the president and Congress affirm the need for it.