Latest news with #MetlakatlaPoliceDepartment
Yahoo
3 days ago
- Yahoo
'Badly mishandled': In scathing order, judge dismisses Metlakatla murder charge because of faulty police investigation
Jun. 6—A Ketchikan judge dismissed a murder charge against a Metlakatla man accused of fatally shooting his brother, saying the local police department badly botched the investigation and then lied about it in court, and the prosecution failed to correct the errors, dooming the prospect of a fair trial. The only appropriate remedy, wrote Ketchikan Superior Court Judge Daniel Doty in an order released May 27, is to dismiss with prejudice the murder charge against Isaac Henderson in the death of his brother, effective Friday. A dismissal with prejudice means the case is permanently over. "The state has badly mishandled this case," the judge wrote. The dismissal — meaning the case could not be retried — represents a stunning rebuke for prosecutors and police in a high-profile homicide case in Alaska's only tribal reservation, and revealed the depth of dysfunction in the community's local police department. Bruce Janes, the longtime police chief in Metlakatla, was fired after the judge's findings. Janes could not be reached for comment. The Alaska Department of Law said it had advised the Metlakatla Police Department that it would need to make "substantial reforms" before the state would "continue to prosecute cases referred by their agency," wrote Angie Kemp, the director of the department's criminal division, in a statement emailed to the Daily News on Friday. The state Office of Special Prosecutions will assume responsibility for prosecuting active cases from Metlakatla and will assist the community "working toward successful reform," Kemp wrote. Metlakatla Mayor Albert Smith told the Ketchikan Daily News that he was "shocked" by the findings about the department, and had "initiated an immediate change in leadership." Smith did not respond to a request by the ADN for comment. On Friday, prosecutors filed a motion asking the court to reconsider whether the "drastic, litigation ending sanction of dismissal is warranted" and offering a point-by-point defense of contentious evidence issues. The order asks the court to hold off on the dismissal until the motion has been considered. The charge stemmed from the 2021 death of Tyler Henderson, a Metlakatla man who was profiled in the documentary "Alaska Nets," about a championship high school basketball team in the Southeast Alaska community. At the time, prosecutors said that Isaac Henderson had shot his brother in the head during an argument at their home in Metlakatla on Dec. 5, 2021, with several other people in the house at the time. A grand jury indicted Isaac Henderson on murder charges. The case dragged on without resolution for more than three years and was reassigned five times to different defense attorneys but was headed for a 2025 trial, the judge's order said. According to the order, it wasn't until a pre-trial hearing in May that it became clear the prosecution had not turned over evidence to defense attorneys that could have bolstered Henderson's claim of self-defense and his contention that the gun may have been actually fired by another man in the house, who'd been grappling with him to get it out of his hands. Prosecutors are required to hand over potentially exculpatory evidence to defense attorneys in criminal cases, a process known as discovery. Testimony at a hearing also showed that the initial police investigation had been incomplete, with the first responding officer admitting that he'd faked evidence logging forms and had failed to take witness statements at the scene. Janes — who had worked for the Metlakatla Police Department for 31 years and had been chief for eight years — admitted that the department's practice was to routinely fake evidence logging forms, raising the judge's concerns about evidence handling and chain of custody, according to the order. The investigation of Henderson's death was "very sloppy" and "probably the worst I've ever done," Janes testified, according to the filing. Doty, the judge, called the police department's lack of standard evidence handling procedure "extraordinary." The judge described a second hearing in May as "shocking." He concluded that the police chief had repeatedly lied about evidence and procedures, including about a piece of a ceiling tile. Janes admitted to lying in grand jury testimony that a ceiling tile from the trailer had been collected and taken to the crime lab for examination. "The Chief stated that his sworn grand jury testimony was false and that police did not actually collect the tile," the judge wrote. Because of the generally chaotic and fault evidence logging, the court, he said, "cannot determine what happened to the ceiling tile." "The Metlakatla Police Department has designed discovery policies that guaranteed evidence would be lost, destroyed, or overlooked," Doty wrote. "The (police) did all those things here, and compounded its errors by repeatedly misrepresenting facts about discovery. And the prosecutor's office, which inexplicably continued to accept the Department's representations and relay those representations to the Court, failed to correct those errors." "It is important to know that what happened in this case is extremely rare," wrote Kemp, of the Department of Law. "The dismissal of a case for these reasons, any case, is extraordinary. It's made more tragic given the nature of the case." In a statement to the court, Naomi Leask, a longtime local cultural educator in Metlakatla and the mother of both Isaac and Tyler Henderson, wrote that the case had devastated her family. The recent revelations about the weakness of the police investigation had been hard to process, she wrote. "The sheer amount of information that I have only received within the last few months has been incredibly hard to process because I have felt everything from grief, anger, to relief," Leask wrote. While mourning one son, she'd also been enduring the murder charge against another son, she wrote. Isaac Henderson had lost his membership in the Metlakatla Indian Community, and the family had decided to leave their home. "I've made the incredibly tough decision to relocate my family once this all settles," she wrote. "I'm not even 100% sure where to go because I don't even know where home is anymore."
Yahoo
3 days ago
- Yahoo
Alaska state judge dismisses murder case, citing widespread misconduct by local police
The Southeast Alaska village of Metlakatla is seen in an undated photo. (Alaska Department of Transportation and Public Facilities photo) In an extraordinary order, a Ketchikan Superior Court judge has dismissed murder charges against a Metlakatla man, citing a lengthy series of errors, lies and evidence concealed from defense attorneys by the Metlakatla Police Department. The errors, Judge Daniel Doty said last week in an order, were so severe that defendant Isaac Henderson cannot be guaranteed a fair trial. The order dismisses the charges against Henderson with prejudice, meaning that they cannot be brought again. The dismissal was first reported by the Ketchikan Daily News. 'The record in this case established a unique and egregious pattern of discovery violations and misrepresentations about discovery,' Doty wrote. 'No remedy short of dismissal with prejudice would remedy the prejudice to Mr. Henderson or deter similar violations in the future,' he said. Prosecutors with the Alaska Department of Law have filed a motion asking the judge to reconsider his dismissal. Meanwhile, Angie Kemp, director of the department's criminal division since 2022, said on Friday that her division has suspended all work with the Metlakatla Police Department until the department undergoes reforms. That extreme — possibly unprecedented — act means state attorneys will not prosecute criminal cases coming from Metlakatla's police department unless they involve particularly serious crimes. 'It's an extreme remedy, but one that's necessary,' Kemp said by phone on Friday. Metlakatla is located at the tip of southern Southeast Alaska, on the Annette Island Reserve, Alaska's only Indian reservation. Bruce Janes, a member of the local police department for 31 years and chief for eight, is no longer working there, Kemp said. She's since spoken with Desmond King, chief of Metlakatla's fire department and now its interim police chief, requesting changes to police department procedures. 'And I've explained to him that until those steps are taken, the Department of Law can't continue to prosecute cases, absent extreme circumstances, out of Metlakatla where those cases involve Metlakatla Police Department officers,' Kemp said. Metlakatla Mayor Albert Smith was out of the office and unavailable to talk by phone, town staff said on Friday. A message left on his cellphone was not returned. King, speaking by phone, said that in addition to acting as fire chief and interim police chief, he's also the town's deputy police commissioner. 'I actually carry a few hats right now, while we're in the rebuilding stage. … We're in a very stressful situation,' he said. Asked about Kemp's decision to temporarily stop work with Metlakatla's police, he said he was familiar with it. 'I totally understand that,' King said. 'That's what I would expect them to do, because it was some internal issues that we have to fix, and we're really going to be at Ground Zero. It's all about building everything as fast as we can, but as responsible as we can.' Smith declined extensive comment, citing the mayor's unavailability on Friday, but said that officials in Metlakatla are aware of the department's problems and the need to fix them. 'It's going to be a long, long-term project, but there's a lot of of the infrastructure and smaller things that we can take care of immediately and be very proactive in re-establishing all the relationships we have with the DA's office, working with the Alaska Police Standards Council, (Bureau of Indian Affairs) Justice System, they're involved now. We have a lot of support. We definitely don't feel alone,' he said. The turmoil surrounding the Metlakatla Police Department stems from the 2021 shooting death of Tyler Henderson. After an investigation by local police and Alaska State Troopers, the Department of Law charged Henderson's brother, Isaac, with his murder. The case was frequently delayed, and Isaac Henderson's defense was repeatedly reassigned to five different public defenders who apparently took little action on the issue as it lingered in court. Four years on, it remains unclear whether the shooting was accidental, an act of self-defense — as Isaac Henderson claimed — or murder. As Henderson's trial approached, his attorneys — John Phillips and Julia Graves — began challenging some of the evidence that prosecutors planned to present. Neither attorney answered phone calls Friday seeking comment. During a series of evidentiary hearings in April, former Metlakatla police officer Austin McKeehan said that he falsified evidence reports. Former police chief Janes, under questioning, said he had made false statements to the grand jury that indicted Henderson, falsely claiming that he submitted a piece of evidence to the state crime lab. At the hearing, Janes admitted that the investigation was 'very sloppy' and 'probably the worst I've ever done.' In another hearing, Janes testified that the department routinely destroys evidence logs every year, making it impossible to guarantee that evidence is properly stored and not tampered with. On May 5, at a hearing the judge called 'shocking,' Janes revealed previously undisclosed witness interviews to both prosecutors and defense. During a trial's 'discovery' process, prosecutors are required to share possible evidence with defense attorneys. Janes, at this point in the case, produced several pieces of hard-copy evidence from within the case file that had not been shared with either prosecutors or the defense. 'If the prosecutor did review the file, the prosecutor saw a number of items that he had not seen before but failed to disclose those documents or identify them during the discovery hearing. If the prosecutor did not review the file, the failure to do so is inexplicable,' Doty wrote in his order. Before another hearing, Janes provided several hard drives to the prosecutor. Those contained possible evidence. The state contends that there was no time to share them with the defense before the hearing; the defense argued that withholding them until the hearing was part of a continued pattern. Under normal circumstances, it would be appropriate for a judge to postpone the case until everyone is certain that all evidence has been fairly shared. In this case, Doty said, he doesn't have confidence that will ever occur. 'Police officers knowingly completed inaccurate chain of custody logs, destroyed chain of custody logs, made contradictory and irreconcilable statements under oath about what physical evidence had been collected or tested, and stated — repeatedly and falsely — that they had provided all the available evidence in the case,' Doty wrote in his order. 'More importantly, though, the evidence here raised serious and substantial questions about whether the state has committed additional discovery violations that have not yet come to light,' he said, using 'state' to refer to both police and prosecutors. Given that doubt, he said, it is appropriate to dismiss the case. 'In short, the police misrepresented or forgot so many facts about discovery that it is impossible to determine, and will likely not be possible to ever determine, whether the state complied with its discovery obligations in this case.' In court, the Hendersons' mother, Naomi Leask, said she and other members of her family moved from Metlakatla to Ketchikan in order to stay with Isaac Henderson and secure his bail. Speaking to Doty, she said that regardless of how the case is resolved, they do not expect to ever return to Metlakatla. In town, said King, the interim police chief, there's work to be done. 'The temperature of our community, it feels a little off, the anguish and stuff that people feel,' he said. 'But you know, it's improving from this day, moving forward. We have to make sure we do it right and do it right by our people.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
