OPINION: Questions about Russac Library stabbing should give lawmakers pause

In February 2022, Alaskans were left stunned by the stabbing of Angela Harris at the Lussac Library on a Sunday afternoon. Harris was at the self-check kiosk when 33-year-old Corey Akivgak stabbed her in the back and ran away. He was arrested the same day.

Harris was a mother of four, a member of the U.S. Coast Guard, and had a civilian job that she loved, but she is in a wheelchair. Her life as she knew it was over. Her future is uncertain.

A month before the stabbing, Akifugak was charged with felony random and violent assaults of two women. The indictment listed 20 previous convictions, most of them for assault against persons or property.

The earlier assault charge was dismissed by the court because Mr. Akifugak was deemed incompetent to stand trial and unlikely to be reinstated. he was released. News reports said Akifugak “slipped through the cracks of Alaska's justice system just a month before (Harris) was stabbed.”

Criminal charges against Harris were later dismissed on the same grounds. “But this time it was different,” the news reported. At the hearing where the charges were dismissed, state prosecutors announced they would file a civil motion for involuntary manslaughter as long as Avkifgak was deemed dangerous.

This raises important questions that have never been answered. That's why a civil complaint wasn't filed when the previous assault charge was dismissed. At the time, there was substantial evidence that Akifugaku was dangerous. Alaska Statute (AS) 12.47.110(e) recognizes such risks and gives the state advantage in civil petitions.

“Defendants charged with felonies and found incompetent to litigate are rebuttably mentally ill and presumed to be capable of self-harm or serious harm to others.” …(.)”

Under current law, Akifugak could have faced civil charges after two previous assaults were dismissed. But two bills, House Bill 80 and Senate Bill 53, have been proposed to prevent what happened to Harris from happening again. But when it happened, it wasn't supposed to happen.

I asked Congressman Andy Josephson, one of the bill's sponsors, about this. Although we may disagree on specific solutions, Rep. Josephson is working to fix our flawed mental health system. He said current law does not “specifically direct prosecutors to move toward civil involvement” and that “information suggests that prosecutors are not trained or specifically directed to do so.” I answered.

The second quote is noteworthy. That's because Congressman Josephson has information that prosecutors still do not receive training or specific instructions from the Department of Justice (DOL) regarding the civil liability of dangerous and incompetent criminal defendants. It suggests that there is.

However, if specific guidance or training is lacking, it is necessary to provide it. Don't pass legislation that takes away any discretionary power and replaces it with unnecessary, excessive, and costly mandates.

SB 53 requires the state attorney to file a civil motion to enforce a defendant who has been determined to be incompetent in a felony offense against that person. The petition leads to hospitalizations, lawsuits, more hospitalizations, more lawsuits, and psychiatric evaluations with nausea. The resources consumed can be huge. SB 53 would require this process if an 18-year-old boy is later found incompetent to stand trial and injures a 15-year-old boy who ultimately requires one stitch from a doctor. Become. (AS 11.41.220) Is the allocation of such resources always justified in a first-of-its-kind case, with potentially lifelong consequences for an 18-year-old boy?

HB 80's mandate is even broader. The bill adds as offenses triggering a petition: criminal negligent burning, misdemeanor animal crime, and misdemeanor possession or transfer of brass knuckles and certain knives. If an offender is incompetent to stand trial, which could adversely affect the offender's future beyond a misdemeanor conviction or imprisonment, the first commission of any of these automatically requires a resource tax commitment procedure. Should it be?

Fiscal notes attached to these legislative obligations should be suspended. The mandate would also exacerbate staffing problems for attorneys at the state Department of Justice and Public Defender's Office (which represents defendants in civil trial proceedings), as well as staffing shortages at the Alaska Psychiatric Institute (API). . All of these have been reported. news.

As is often the case with legislation, HB 80 and SB 53 had add-ons, some of which drew opposition from the Alaska Disability Law Center as unconstitutional. Therefore, expect to see expensive litigation there.

Currently, there is not enough capacity to accommodate civilly incompetent defendants. API's 10-bed unit serves the entire state. It has already become an excessive burden, with people having to wait for months. We plan to add 10 more beds. While this may reduce current waiting list times, it does not satisfy the mandates of HB 80 and SB 53.

More than 30 years ago, as a state prosecutor, I handled cases involving violent defendants who had been found incompetent to stand trial. The trial was adjourned and his competency was restored. If he hadn't, he wouldn't have been released unless I or the civil state's attorney petitioned for a civil charge until he was no longer a danger. There was no law requiring it. We knew our work required it.

There is no need for overreaching, costly, and potentially unconstitutional legislative mandates. Here's the answer to why Mr. Avkifgak was not charged with civil charges under current law after his two previous assaults were dismissed. Did an overworked lawyer neglect to file a petition? Did an untrained attorney make a mistake in not filing the claim? Is there a Department of Justice policy that instructs lawyers about this process? The answer will determine the solution. This is not about blame or retaliation. It's about the most effective way to prevent what happened to Ms. Harris from happening again.

Val Van Brocklin A former state and federal prosecutor in Alaska, he currently trains and writes about criminal justice throughout the United States. She lives in Anchorage.

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