The 46-year old Marvin faces weapons misconduct and murder charges in connection with the shooting of Hoonah police officers Tony Wallace and Matt Tokuoka on August 28, 2010. The incident allegedly included Marvin holding officers at bay and refusing to surrender until a day after the shooting.
Superior Court Judge David George on Monday listened to testimony by a psychologist who tried to interview and evaluate Marvin, but he found that Marvin was evasive, uncooperative, hostile, controlling, disorganized, and delusional. Doctor David Sperbeck, currently of Northstar Behavioral Hospital, believed that Marvin understood the court process and the nature of the charges against him, but his unwillingness or inability to communicate effectively make it unlikely that Marvin could help his attorney in his defense.
Two other psychologists previously issued opinions that differed on whether Marvin was competent to stand trial. They testified on their findings back in September.
Monday’s ruling in Juneau Superior Court means that a jury trial scheduled to start January 30th has been postponed indefinitely. The next hearing in the case is in April.
Judge George committed Marvin to the Alaska Psychiatric Institute in Anchorage. Yet to be determined is whether his stay there will include competency rehabilitation. Sperbeck believed that Marvin’s competency was restorable, possibly with involuntary administration of psychotropic drugs. But he acknowledged that part of his findings were inferred by observations of Marvin with his attorney or others at A.P.I., since Marvin refused to participate in a direct interview with him.
Marvin only spoke twice during the hearing, exclaiming “I object” both times when Sperbeck spoke about Marvin’s apparent culpability in the crime. Judge George told Marvin to ask his defense attorney to make any statements or ask questions instead of speaking out of turn in court.
The hearing was started on Friday, but it was continued until Monday morning because of technical problems with the phone system at the Dimond Courthouse in Juneau.
- Retired, longtime firearms and toolmark forensics examiner Robert Shem testifies it was likely a 12-gauge shotgun, Savage Stevens model 67.
- Retail giant Amazon is looking for a second home, and many cities are trying to land the HQ2 project. At stake are 50,000 jobs and a new economic anchor for the winner. It has led to a lot of stunts.
- Master Gardener Ed Buyarski provides some advice for fall and winter care of begonias, dahlias and fuschias.
- Alaska Sen. Dan Sullivan, a member of the Senate Armed Services Committee, was harshly critical of the Iran nuclear agreement in 2015. He said then lifting sanctions would fuel the economy of a country that sponsors terrorism.