FAIRBANKS — The Alaska Court of Appeals ruled Friday that one of the four men convicted of killing a 15-year-old Fairbanks boy in 1997 should get a new hearing on his claim that his trial attorney gave him poor counsel.
The appeals court, in a 12-page unanimous ruling, said Superior Court Judge Ben Esch erred when he conducted his own research and used the research in part to deny an appeal by Eugene Vent that his attorney was ineffective. Vent claims his attorney failed to adequately argue against the judge’s exclusion of testimony from an expert in coercive police interrogations and false confessions.
“We hold that the trial judge’s conduct created an appearance of partiality that warrants his disqualification from this case and that requires a new post-conviction relief hearing before a different judge,” the appeals court ruling states.
Vent, Marvin Roberts, George Frese and Kevin Pease were convicted in 1999 of killing and sexually assaulting John Hartman, whose badly beaten body was found on a Barnette Street corner on Oct. 11, 1997. He died at Fairbanks Memorial Hospital.
The four are serving sentences of 33 to 79 years in a Colorado prison.
Many, especially in the Alaska Native community, argue the four are innocent since no physical evidence was produced in the case. The case draws annual rallies of support for the four, and Tanana Chiefs Conference is offering a reward of as much as $35,000 for information that will lead to apprehension of other suspects in the case.
Friday’s ruling does not give Vent a new trial, only a new hearing to pursue one, said Anchorage attorney Colleen Libbey, who represents Vent.
“There’s a lot more that has to be done, but we are happy with the opinion,” she said.
Prosecutors now have a window of 15 days if they want to take the issue to the state supreme court. If the appeals court decision is not brought to the supreme court, Vent will be assigned a new hearing on the issue of whether he had effective counsel.
Esch, who is now a Superior Court Judge in Nome, was the trial judge in the case and also oversaw the appeal hearing on the issue of whether Vent had competent legal representation. The independent research he conducted had to do with whether legal maneuvers Vent’s attorney could have conducted had been successful elsewhere. The attorney wanted Esch to permit the testimony of Richard Lee, an expert witness on coercive police interrogations and false confessions, who Vent’s trial attorney, Robert Noreen, wanted to call at trial. The appeals court concluded a judge may research uncontested matters of fact outside the courtroom, but Esch’s research went beyond, violating the Alaska Code of Judicial Conduct.
The appeals court’s ruling ends with a sweeping statement.
“We conclude that vacating the judgment in this case will promote justice in future cases: It will clarify the proper scope of judicial notice and encourage judges to avoid ex parte investigations that may create an appearance of partiality.
“We also conclude that, when a judge reaches outside the record to marshal evidence that benefits one party, the unfairness of the resulting decision is apparent.
“A failure to act in these circumstances could undermine public confidence in the judicial process.”
Contact the Fairbanks Daily News-Miner newsroom at 907-459-7572. Follow him on Twitter, @FDNMcrime. Managing editor Rod Boyce contributed to this report.
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AK Native 34 yo Women said on Tuesday, Nov 20 at 1:36 PM
Well, it is interesting I am taking this class on cultural diversity and realizing it has a lot to do with my life experiences. I had a personal injury case and felt it wasn't handled fairly from the start. Police, counselor, reporting, how I was treated, body language of the white man. I am glad at least somebody gets a chance.
107043826Robo said on Sunday, Nov 18 at 10:58 AM
Part of the court system is tht prosecutors misrepresent facts and protray defendants in the worst light to sway the jurys to dislike the defendant; thereby, they give more weight to the prosecutors opinion of the evidence that may or may not prove guilt. Anyone that serves jury duty need to be deligent to review and weigh all evidence before taking the life or freedom of one accussed of a crime.
106890591philip said on Sunday, Nov 18 at 6:26 AM
A sole witness claimed that he could identify these four guys from 550 feet away during the night. It is like a football field away. Unless his vision is supernatural, his testtimony should have been tossed out on day one because there is now way that anyone can tell from that far away, during the night, who is beating the victim. False confession, false testimony, these guys should have never gone to trial. The state is unwilling to free them because the powers that reign over us know that they will have to compsensate them with real hard cash, and a lot of it. The witness recanted his story, and he is now in jail fot other offenses, but I bet that he is not in the same facility as his victims....Judge should serve time for miscarriage of justice.
106874501Uncertain said on Sunday, Nov 18 at 1:13 AM
After reading some information regarding this case, I am uncertain about my views regarding whether or not the men are guilty or innocent. I do not have any positive views toward Indians, drunk ones anyhow, and I am native myself. I would hate for all the efforts made to free these men were done just based on race, meaning other natives sticking up for other natives. I would like the efforts to be made for humans seeking justice if they were in fact wrongly convicted. I do not have enough to make my decision YET. But, in the future, I hope that a lot of positive outcomes will happen due to the press this story is getting to prevent such occurances within the justice system. Good or bad, the publicity is going to make a difference in how things are handled in the courtroom by governing officials, and authority figures, as well as convicted individuals to take a stand as well to not submit to pressure, and use their miranda rights as all USA citazens have a right to use.
106864506Unprofessional said on Saturday, Nov 17 at 9:08 PM
This is for "anonymous." Obviously your attitude is the same attitude that most "judges" probobly carry regarding injustice toward Alaskan Natives. "Who cares." That is a good question, who does care? Does it matter that injustice for one race is casually disregarded, and when it happens to another white person, that the attitude of justice is taken seriously, not shrugged off? That is a good question to ask, "who cares?" I think that response is an ignorant one that states your position of not only not knowing what to say, but reflects the honest opinon of many that disregard injustice to Alaskan Natives that populate this entire state as their primary residence. It is wise for KTVA to shed light on this issue, and educate the population that is obviously ignorant in cultural affairs to become more aware so that intolerant, and in many cases, unprofessional attitudes can be wiped out so that justice and just treatment can be given knowldgably to these people, and all other minorities
106858691Anonymous said on Saturday, Nov 17 at 8:26 PM
who cares
106857171ppppffff said on Saturday, Nov 17 at 5:34 PM
yeah god forbid we get a judge like Wapner or Judy that sees a problem they call them to the carpet... darn that's the end...judges might need their own CSI or PI with cases now since they are lied to...
106848962False Accusations said on Saturday, Nov 17 at 4:42 PM
I would hope that while this issue is shedding light on improper conduct and procedures, that false accusations that need to be investigated is also considered as a possibility for some to be placed in a position of injustice. While there are numerous cases of "con artists" trying to fool the system and escape justice, there are many valid claims of injustice due to false accusations, misconduct, and unprofessional abuse in the system that needs to be addressed. One of the concerns that light is being shed on is Judges that are in a position of authority. They are the ones who should be able to handle the complications of improper investigation, weed out those in the trial process. Everything should be brought to order in the courtroom under the supervision of a highly qualified "Judge." If that cornerstone practice of being a "Judge" is flawed, then all the cards will not fall into place for a fair trial, or for proper justice to be served for individuals, rich or poor, white or nativ
106846546Celia Harrison said on Saturday, Nov 17 at 3:58 PM
I have been writing about Judge Esch, his apparent racism against natives, and his allowing of the bullies in Nome to railroad low income people. That was done to me to protect the workplace bullies and psychopaths at Norton Sound Health Corporation. He comes to illogical conclusions, he is a bully, he is unethical. Pair him with the malfeasant DA John Earthman in Nome who is also not very bright and horrendous things happen. Those two had me wrongfully arrested, wrongfully imprisoned and tortured in an attempt to shut me up. Keep in mind that Ben Esch is the chairman of the Judicial Counsel, they are the ones who make judgements about lawyers who are unethical. Recently Esch was to come up for public testimony for the Judicial Commission, as chairman of the Judicial Counsel he was exempt. The reason he is in the position is for CYA protection. My case started in 2005 with a drunken public defender as well. It seemed like the ghost of Franz Kafka was sitting next to me in that court.
106844781Unprofessional said on Saturday, Nov 17 at 3:09 PM
In my opinion, the "discernment" needed to weed out "con" artists when in the process of conducting "judgement" should be a role given to the highest qualified individual. I would hope not just anyone can become a "judge." If that were the case, then our system that is set up to provide ample room for investigation to be conducted in a fair manner in a trial, would provide highly qualified "judges" to see that the whole court case is conducted in a fair, and thorough manner, and base a decision on fair judgement as a "judge" with personal feelings set aside. Facts are facts, even those pertaining to the job description given to a "judge" with a salary to make sure those are followed in the highest professional manner. I would hope that discernment would be a charachteristic for a "judge" to have, considering the con artist out there. It would be naive to think that is something that is not overlooked since it is a analytical process that a "judge" is prepared to discern, and can do.
106842821Not Surprising said on Saturday, Nov 17 at 1:32 PM
No real surprise here, our legal system has also been using drug dealing "expert" witnesses (doctors) for years in our courts (all paid by pharma to protect drug dealers). The term "Kangaroo" comes to mind...
106838646Anonymous said on Saturday, Nov 17 at 1:29 PM
well considering the "con" game played out in modern day court systems in America and abroad make it to where information can be "false" "modified" and downright a lie and that is "legal tender" so to speak...I think unprofessional is a bit edgy...what's the matter...other judges might find out "things are not what they seem" as they are lied to in courtrooms every day? Go judges!!
106838565Unprofessional said on Saturday, Nov 17 at 11:54 AM
It seems unprofessional for a "Judge" to have stepped outside of his boundries to show weakness in charachter to resort to personal feelings. It is common in rural areas to have "Judges" act unprofessionally when resorting to personal agendas because of the notoriety of knowing what may seem to be right or wrong based on rumors. Being a "Judge" requires a high level of self control to NOT include personal feelings. It seems that Mr. Esch went out of his way to do some research out of curiosity, then took the law into his own hands when he did that. Shame on "Judge" Esch who seemed to display poor "judgement" when he decided to get perssonally involved by playing "lawyer" when he should have left that behind when he decided to step up as a "judge." Maybe he needs to step down and play the lawyer again if he decided he wants to do some personal research. That is where the action is, the ballgame does not involve "judges" when in court, he should play like a "referee" he is as a "judge."
106834322Wes said on Saturday, Nov 17 at 11:51 AM
It is apparent that Judge made a mistake. I have followed this case, and it is my opinion that while the judge made a mistake, the jury reached the proper conclusion. The other mistake the judge made was the relatively light sentences he gave these convict. They need to be put down.
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