The public defender advocating for a Juneau man convicted for a thirty year old murder plans to appeal a recent decision denying post-conviction relief.
Newton Lambert’s defense attorney recently applied under a relatively new statute for DNA testing of evidence samples in the belief that there was an additional person at the scene of a downtown apartment in 1982 who may have murdered Anne and James Benolken.
In an opinion issued last month, Ketchikan Superior Court Judge William Carey wrote that he was not convinced that DNA testing of preserved pant and shirt swatches from James Benolken’s clothing would necessarily prove Lambert’s innocence.
Lambert was convicted at trial in 1983 of Anne’s murder, but acquitted of James’ murder.
Another defendant, Emanuel Telles, was eventually acquitted at trial.
Sitka-based public defender Jude Pate said Friday during a brief court hearing that he wants an entry of final judgment on the DNA motion so that it can be considered by the Alaska Court of Appeals. Pate also wants an earlier motion for post-conviction relief set aside for now while the decision on DNA testing is being appealed.
There were no immediate objections from prosecutors.
- Alaska Airlines pilots have reached a breaking point in negotiations with the company, and now have plans to picket outside Ted Stevens Anchorage International Airport. The pilots plan to picket starting at 1 p.m. Monday outside the airport in Anchorage.
- Jenkins was taking a practice run through the class four rapids when a bystander filming the event, noticed another participant, Daniel Hartung, 64, of Indian Valley, flipped out of his kayak and became pinned under a log.
- The Tazlina is the first of two new Alaska Class ferries that the Ketchikan Vigor Alaska shipyard is building for the state. Its two halves are complete and welded together, and shipyard workers are busy getting interior spaces done.
- The Alaska Marine Highway is taking reservations for October through April sailings. The schedule changed so the Matanuska can get new engines.