Live Blog: Hoonah homicide trial day 6

By October 27, 2012Crime & Courts

An unusual Saturday trial session is being held in the case of John Marvin, Jr. who’s accused of causing the deaths of Hoonah police officers Matthew Tokuoka and Sgt. Anthony Wallace on August 28, 2010.

Some of the people involved during the trial include public defender Eric Hedland who has been appointed as Marvin’s attorney.

District Attorney Dave Brower is prosecuting the case. Sgt. Michelyn Manrique, supervising investigator, is assisting him at the prosecutor’s table with evidence management.

Superior Court Judge David George from Sitka is presiding over the trial.

Other court participants and witnesses during the trial include:

John Millan who was the chief of police in Hoonah during the shooting.

Haley Tokuoka is the widow of officer Matthew Tokuoka.

Trooper Andrew Adams served as an investigator following the shooting.

Juneau Police Officers Tonya James, Terry Allen, and Kevin Fermin were among those who responded to Hoonah or Bartlett Regional Hospital following the shooting.

Recent headlines

Matt Miller October 27, 20126:31 pm

First-floor plan of John Marvin’s house as drawn by Investigator Mark Granda. Number 14 is where the rifle allegedly used to kill the officers was found by investigators.

Matt Miller October 27, 20126:25 pm

Second-floor plan of John Marvin’s house with evidence notations for the weapons found by investigators. The second-floor window from which Marvin allegedly shot and killed officers Tokuoka and Wallace is at the right.

Matt Miller October 27, 20126:09 pm

Hand-drawn map by Hoonah reserve officer Arlen Skaflestad that was introduced as evidence on Friday. It shows the position of Chief John Millan’s vehicle as it arrived shortly after the shooting and after Haley Tokuoka had driven away. Skaflestad has also drawn in where Wallace’s patrol vehicle was moved to the intersection of Front and Park to block off the street.

Matt Miller October 27, 20126:03 pm

Drawing made by witness William Wells that was introduced as evidence on Friday. It shows the scene of the shooting and observed path of the Tokuoka truck with Haley and the kids escaping the scene.

Matt Miller October 27, 20125:46 pm

Photograph of Alaska State Trooper situation board that was used August 29-30, 2010 in Hoonah. Names of personnel are written in where they were last positioned on scene. John N. Marvin, Jr.’s house is number 5. Each side of the house labeled with a number of 1 through 4 so that officers can easily identify events over the radio. For example, the second floor window where Marvin allegedly shot at officers is located on side 4, or between corners 1-4 and 4-3. The liquor store is across the street and Officers Tokuoka and Wallace were hit by gunfire several yards to the right of the store.

Matt Miller October 27, 20124:17 pm

Adjourned for day. Back on Monday bright and early.

Matt Miller October 27, 20124:16 pm

Judge George reading from the note.

Juror apparently recognized Officer Terry Allen who was on the stand today, but he hadn’t talked or seen(?) him in years. Juror individually explained in court with his thirteen colleagues already gone. He was just being a good juror. No expected impact on his deliberation from now on.

Judge George now telling Marvin the usual routine about deciding whether to testify in his defense. First of several expected chats on the issue.

Matt Miller October 27, 20124:10 pm

Granda is trying to clear up some misidentified evidence placards and notations. The Browning BAR was found in a first-floor hallway in a group of weapons.

Granda just brought out that rifle from the box behind him.

Trial day coming to an end.

One juror remains behind after he submitted a note earlier today.

Matt Miller October 27, 20124:01 pm

Marvin says he slept right through the whole thing.

Matt Miller October 27, 20123:59 pm

Granda is on the stand while Brower plays a recording of an interview with Marvin.

Matt Miller October 27, 20123:57 pm

Anderson, Andrews, Anthony?

District Attorney Dave Brower called Trooper Investigator Andrew Adams by various names other than his own today. Both attorneys are visibly more sedate today and everyone appears to be very tired already. The long, grueling jury selection process that went long hours on Monday through Wednesday is being blamed for wiping out everyone and dulling their brains. It doesn’t help that everyone has felt like they were stuck indoors during the nice, beautiful, and sunny weather that finally arrived in Juneau this past week.

Matt Miller October 27, 20123:49 pm

Granda now is going over other pictures of clothing collected from officers at the clinic.

Matt Miller October 27, 20123:45 pm

194th piece of evidence. First- and second-floor plans are 194a and 194b.

First-floor legend indicates about a dozen weapons found. Granda is going down the list of various weapons and where they were found. Nine more found on second floor.

Matt Miller October 27, 20123:34 pm

Back from break. What appears to be a floor plan of Marvin’s house is on display and a gun box is sitting behind the witness stand next to where Judge George is sitting.

Matt Miller October 27, 20123:32 pm

Three rounds unloaded from a Browning BAR 7mm found in Marvin’s house that was allegedly used in the shooting.

Matt Miller October 27, 20123:12 pm

Jury out. Granda will likely being in the unloaded rifle today with it locked or action disabled.

Matt Miller October 27, 20123:10 pm

Short break called. Back in 15 minutes.

Matt Miller October 27, 20123:09 pm

Brower requested a bench conference or side-bar before next photos of evidence of a bullet fragment, and bullets seized from item #42 seized from the residence: Browning BAR 7mm rifle.

Matt Miller October 27, 20123:01 pm

Granda is describing pictures of evidence on the street that included a bag of children’s toys, back of Arlen Skaflestad’s truck used to carry the wounded officers, and a generator found on the second floor in Marvin’s house.

Matt Miller October 27, 20122:57 pm

Adams excused as a witness. He’s now observing in the gallery as AST Investigator Mark Granda has taken the stand.

Brower just handed Granda some pictures, including of the left side of a Hoonah patrol vehicle with evidence markers, blood, bodily tissue.

Matt Miller October 27, 20122:52 pm

Here’s a picture that was shown to the jury earlier today that Hedland just quizzed Adams about. The rifles found in Marvin’s house were lined up on the floor and identified with yellow numbered markers for the picture and evidence tracking procedures. The picture doesn’t reflect where in the house that the rifles were found.

Matt Miller October 27, 20122:46 pm

On redirect: Adams says it’s not unusual to see spent casings in a house with reloading equipment.

Matt Miller October 27, 20122:43 pm

Live rounds and spent casings found in the house? Hundreds? Thousands?

I don’t know.

Matt Miller October 27, 20122:40 pm

Hedland is now questioning Adams about Skaflestad’s drawing (see previous days blog post) and the various photos of weapons found in the Marvin house.

Matt Miller October 27, 20122:35 pm

I know where Judge George got that turkey sandwich. I got a great pastrami bagel sandwich from the same place.

I don’t feel occluded, yet.

Matt Miller October 27, 20122:34 pm

Hedland is now questioning Adams about that staged photograph taken at an angle through the second floor window. Adams just explained that Tokuoka pick-up was parked at the location of Wallace’s patrol vehicle — not where the pick-up was parked — during the night of the shooting.

Matt Miller October 27, 20122:28 pm

Jury is now back in and Judge George just explained to them why issues are sometimes hashed out by attorneys when jurors are not present.

Matt Miller October 27, 20122:24 pm

“Maybe I’m occluded by the turkey I ate for lunch, but I’m still not getting it.”

Judge George is trying to figure out how Hedland intends to go about with his proposed line of questioning of Adams without it becoming argumentative.

Matt Miller October 27, 20122:08 pm

“Maybe the question was poorly worded, your honor.”

Jury is out while Hedland tries to explain the context for the question.

George and Hedland are trying to sort out inconsistent statements by Millan about Wallace trying to identify the shooter. Wallace either in the clinic, or on Front Street and moving Millan’s hand with drawn pistol toward the Marvin house. “John”, “John, wow!” or “Wow”.

George is getting confused with Hedland’s muddling both apparent statements at different times.

Brower says if Hedland wants to impeach Millan about his statements, then it’s too late. Hedland had his chance. Millan is already excused.

Matt Miller October 27, 20121:58 pm

Brower with hearsay objection on Hedland question about whether Adams heard from Millan about the identity of the shooter as told to him by Tokuoka, Wallace, or others…

Matt Miller October 27, 20121:52 pm

Adams earlier under direct examination from Brower is explaining a picture that he took from the second floor window of Marvin’s house. Adams’ hand is near where Haley Tokuoka parked her truck for the photo. It’s in the same spot as the night of shooting and in front of the tractor-trailer. Haley can also be seen in this picture and a person in orange clothing is meant to repesent Matthew Tokuoka’s position when he was shot. Mary’s Inn and the cold storage is in the background.

Hedland is currently cross-examination Adams about this picture and another picture that is straight out from the window rather than at an angle.

Hedland is now quizzing him about the number of spent and unspent rounds found throughout the house.

Investigators theorized that the gun used was a Browning BAR with 7 mm rounds.

Matt Miller October 27, 20121:40 pm

District Attorney Dave Brower ‘publishes’ or shows one in a series of pictures to the jury.

Matt Miller October 27, 20121:34 pm

Cross-examination of Adams: Recordings of interviews he did are missing. he has to rely on notes.

Matt Miller October 27, 20121:29 pm

We’re back in the courtroom at 1:20. Adams is back on the stand and the jury has entered. Brower showing more pictures to Adams to refresh his memory. They include the rear portion of Marvin’s house, three rifles in living area, and the rifle stood up in corner.

Matt Miller October 27, 20121:17 pm

I went to grab lunch, got back, and was locked out again. Wolfed down lunch in the cold outside while I watched a crew from North Pacific Erectors set up another boom lift. They’re repairing the front of the Capitol across the street from the Dimond Courthouse. Here’s a picture from this morning.

Courthouse staff apparently are still trying to get security here for the rest of the day.

Three jurors are still out for lunch. So we wait

…a security screener just arrived. She says she wasn’t told to show up. She’ll work the checkpoint and go to her second job late today.

Matt Miller October 27, 201212:11 pm

It was clear and crisp this morning as I watched a few of the jurors and other trial participants arrive for today’s trial proceedings. Members of the media and other interested spectators were told yesterday that the courthouse would be opened up for our arrival. But it wasn’t.

As far as I recall, all of the recent high-profile homicide trials held in Juneau have usually run from 8:30 a.m. until 2 p.m. Jurors then get the weekend off and come back on Monday. But Judge George is trying to do the trial — including jury deliberations — within two calendar weeks. He’s been starting proceedings at 8:00-9:00 every morning, allowing at least an hour for lunch, and then ending about 5:00. Jury selection, of course, ran much longer than 5 pm earlier this week.

Jurors get a key card and can enter through a back entrance along with court staff and officers. But members of the public have to go through the main front entrance. Officer Terry Allen, one of the prosecution witnesses, was already in the building and kindly opened the door to let us in. But arrangements to have any security working on a Saturday apparently fell apart. There was no one available to screen our bags and walk us through the metal detector at the entrance checkpoint. Eventually, courthouse staff who are already familiar with most of us just waved us on through.

A break for lunch has just been called. If I leave the building, hopefully I can get back in.

Matt Miller October 27, 201211:43 am

This photo is from yesterday and shows a rifle rest that was found in Marvin’s house and seized as evidence.

Matt Miller October 27, 201211:42 am

Adams is now describing a new set of photos of the officer’s clothing.

Matt Miller October 27, 201211:35 am

One of many dark and hard-to-see photos included a picture of the rifle that was allegedly used to kill Wallace and Tokuoka.

Matt Miller October 27, 201211:32 am

Adams is now describing multiple photos of weapons as they are found on the bottom floor: rifles, pistols and magazines, revolvers. Pictures are taken of them where they were found, but with rounds or magazines removed.

Matt Miller October 27, 201211:25 am

Adams just described a photo taken from the vantage of that upper floor. At his direction, Haley Tokuoka’s black truck is parked where it was on the night of the shooting.

Matt Miller October 27, 201211:20 am

Brower proposes introducing a whole bunch of additional photos into evidence.

Some of the pictures are dark and hard to see.

“You can see the box of Potato Buds. Anything else?” asks Brower of a picture of portion of a bedroom.

“Box here, computer parts, just junk,” says Adams.

More pictures of Boxes of materials for reloading ammo.

Picture of what appear to be dresser drawers with boxes of bullets, unloaded casings.

And a picture of a computer and two monitors stacked near the window of upper floor’s south room. This appears to be the location from where Marvin allegedly shot Wallace and Tokuoka.

Matt Miller October 27, 201211:09 am

Adams: A lot of expended casings in residence.

Marvin’s usual routine at the defense table is to apparently ignore the testimony and read documents or a court rule book. But now he’s leaning forward slightly to see the pictures of his house and evidence seized.

On display: picture of .22 Remington rifle stood up in southwest corner of bedroom behind a door.

Matt Miller October 27, 201211:01 am

Loaded .22 revolver? Unloaded 9mm pistol in dresser.

Matt Miller October 27, 201211:00 am

Adams recalls finding 25 firearms in Marvin’s residence. Some loaded, some weren’t.

Matt Miller October 27, 201210:58 am

Brower has handed him a bunch of pictures of the inside and outside of Marvin’s house. They’re being displayed for the jury now. Both exterior doors, window, living room, dresser with a revolver and semi-automatic pistol.

Matt Miller October 27, 201210:50 am

Back from break. Trooper Anthony Adams has taken the stand. He’s describing going into the house Aug. 30 at 11:00 am (This would be after Marvin was taken into custody).

Matt Miller October 27, 201210:47 am

This picture was shown during the testimony of Officer Terry Allen. It shows the JPD’s larger robot in front of Marvin’s house, the location of where he allegedly shot two Hoonah police officers.

Matt Miller October 27, 201210:40 am

Fragments recovered from Sgt. Anthony Wallace and handed over to JPD officers at Bartlett Regional Hospital.

Matt Miller October 27, 201210:33 am

Former Juneau Police Officer Tonya James points out her location on August 29, 2010 on an enlarged photograph of an Alaska State Trooper situation wet board.

Matt Miller October 27, 201210:30 am

No redirect. Fifteen minute break.

Matt Miller October 27, 201210:30 am

James is being quizzed on whether there were lights on inside Marvin’s house during darkness. Troopers later brought in construction-type lights to illuminate the exterior. She could not see into the house, though unless it was light out. She did not see Marvin carrying a weapon when he briefly ran out and back.

Matt Miller October 27, 201210:15 am

Hedland is asking James to clarify about she saw and heard during the arrest, robot being knocked over, and Marvin coming to the back side of the house.

Matt Miller October 27, 201210:11 am

Under cross: James is explaining more about the apparent sighting of a gun barrel held by a man in the house.

Haley Tokuoka is clipping her nails right behind defense attorney Eric Hedland as he tries to cross examine James.

Matt Miller October 27, 201210:09 am

James: CS gas deployed, announcement from someone inside the house saying they’re coming out(?), arrest of Marvin, and watching back of house until Troopers took custody.

Matt Miller October 27, 201210:06 am

James relieved by SWAT, got sleep, redeployed to south side of liquor store.

Matt Miller October 27, 201210:05 am

She just identified Marvin as the man who ran out and back.

Matt Miller October 27, 201210:04 am

She’s describing where she was located on Roosevelt street, about 70 yards from back door of Marvin’s house. Saw a man in white shirt occasionally. Came out on porch, ran around north side of house and then back into back door.

Matt Miller October 27, 201210:00 am

Former JPD officer Tonya James just called to the stand. Transported to Hoonah on a Coast Guard 47′ vessel during the hours after the shooting. Hour-and-an-half ride.

James was deployed to residence to left of Marvin’s house with sniper Chris Gifford. But too close.

Matt Miller October 27, 20129:57 am

District Attorney Dave Brower just pulled out more evidence. Fermin is confirming that the items were the ones he collected. Chaplin Sam Dalin also in the hallway with Wallace.

No cross.

Matt Miller October 27, 20129:51 am

Fragments pulled out of his Wallace’s leg given to Burke.

JPD officer Kevin Fermin has just taken the stand. He also went to Bartlett. Wallace was already deceased. Sgt Hernandez needed help photographing the ER.

Matt Miller October 27, 20129:41 am

No cross.

Sgt. Chris Burke of JPD has just taken the stand.

He reports being called out to Bartlett Regional Hospital hours after the shooting. Emergency room. In process of doing CPR on Officer Wallace, trauma team working on him, large hole in upper thigh-open wound.

Matt Miller October 27, 20129:38 am

Later, the bigger robot was used to try enter the door, resistance, then try to make holes in the door. Allen reports that Marvin later opened the door and pushed the robot off the porch.

Matt Miller October 27, 20129:34 am

Using the wheeled robot to send over a phone….

He remembers seeing through the robot’s cameras: an arm come out the door and knock over the robot. A second smaller robot was used to put the first robot upright.

Matt Miller October 27, 20129:31 am

Saturday session start at 9:24.

Juneau police officer Terry Allen, bomb technician and robot operator, has just taken the stand. He’s describing being called out to Hoonah and deploying a robot to the house where the alleged shooter was located.