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.
- Southeast’s largest tribal organization will soon be able to offer an alternative to the court system for some criminal cases.
- Joe Nelson of Juneau said many in the delegation felt strongly that the position should be filled by a tribal representative.
- The Presbyterian Church officially apologized to indigenous people across the country during a gathering of Alaska Native people this weekend. For decades the church took part in the forced removal of children from their homes and families.
- Polls show the presidential race is unusually tight in Alaska. Juneau residents attending two election events shared their opinions on the polls and the candidates.