2011 in review

The WordPress.com stats helper monkeys prepared a 2011 annual report for this blog.

Here’s an excerpt:

The concert hall at the Syndey Opera House holds 2,700 people. This blog was viewed about 9,100 times in 2011. If it were a concert at Sydney Opera House, it would take about 3 sold-out performances for that many people to see it.

Click here to see the complete report.

Alibis and Witnesses III

Crystal Sisto is mom to six kids, and as if that isn’t enough she also fills many, many roles in her position at BLM where her job duties range from auditing and payroll to equipment and crew hire. Crystal works and lives in Venetie, Alaska. In 1997 she was living with George Frese and the young daughter the two had together. They were middle school and high school sweethearts and became parents together at a young age. Needless to say, the events of October 1997 changed the course of her life, and her young daughter’s life forever. Her story is a powerful reminder that the reach of injustice is far. Yet despite the hardship she encountered, Crystal has never lost faith that the justice system will eventually work, and that these men will be exonerated. It is still hard for Crystal to talk about that night and the events that followed, but she has courageously agreed to share her story.

CRYSTAL ON THE EVENTS OF THAT NIGHT

It has been so many years its hard to remember everything. But a few things I know, will never forget, is that George was home at 1:30 am that night. I am sure. Also I know that George would have never done this kind of thing.

Okay, on October 12th. There was a wedding going on and at first we went to check that out, and I went to Cabaret for a bit. George and those guys made a run to the liquor store Patrick Henry went for them and had purchased 2 cases of beer a bottle of Bacardi……there was Vernon, myself, Patrick Henry, Edgar Henry, and George.

Patrick and I went to Cabaret and those guys went to out apartment. Then after a short while Patrick and I went to the apartment. My brother and his now wife were upstairs watching the baby. Those guys were already really drunk when we got there. We sat around at the apartment playing drinking games till my show was over that was around 1:30.

I know it was 1:30 in the morning because my show just ended at 1:30am, so they decided to check out the wedding at the Eagles Hall. It was Patrick, Edgar, George, John, On the way down they were going to stop at a friends that lived in the apartments next to the AK motel on Cushman.

George snuck into cabaret (also known as Elbow Room) and it was about 2:45 or 3 in the morning. He was in there with my mom and dad…he made it home between 3:30 to 4 or so in the morning……he had got a ride to part way and then walked. We sat around and continued to drink and laugh and then Vernon and George went to the bathroom to smoke a cigarette and it was the last one and they started to wrestle and became a little serious and in the end he hurt his foot in the bathroom.

CRYSTAL ON THE EVENTS THE NEXT AFTERNOON

George tried to lay down after a while. When he got up he was in pain and so we decided to go to the ER and I even explained it the nurse when she came in. She said something about downtown, and I told her no, and told her how he hurt his foot and she was like huh….then they took a long time to see him and then we found out she called the cops and said he was involved in the crime……I still can not believe an assumption from an ER employee could nurse would change our lives forever…….

When the police got to the hospital they talked with us for about an hour, and then they turned on the cassette tape. It was crazy the things they were saying, it was just like he was in trouble no matter what he said. Everything that happened there and everything and the way they interrogated him was not right. He gave in because he was drunk and tired and in pain. He just wanted it all to end and go home.

Georges shoes were sooo old the soles had holes in them and the tracks on them were flat and gone. We could not afford shoes for him. He kept his so I could get new ones and he kept his old ones, you could see his sock under his shoes…..there were almost no tracks because we were waiting for dividends to get him new ones. They took those shoes at the hospital. They questioned him for a very long time and then eventually they dropped him back off at the apartment. He told us how scary it had been, that he had agreed to this story they told him, that they were saying Eugene and a whole bunch of others had. He just wanted to get home and felt like there was no choice. It was scary.

You all know what happens after that….well anyways I got a hold of Robert Downes, George’s first lawyer and he told me to write everything down,and this was before they printed the times in the paper and on the news, I had it all down on paper the times and everything the whole layout of the night. Later they posted on the news and papers the times and what had happened, the police said I lied and got it off the papers and the news but that was impossible. I said times before anything was ever in the news.

ON GEORGE’S ARREST

My daughter was having a sleep over when they came to our home with bullet proof vest and guns, they came and surrounded our apartment. and searched everyone in my home patting them all down….it was very humiliating and very discouraging. George was laying down and they were yelling at him to stand up and he had no shoes and they threw him against the wall and he had no shoes on and my baby was holding his legs crying and I fell to the floor thinking I was going to wake up and that this was a dream.

I cried and called my dad and mom and they came trying to explain the truth but they said we would all lie. George was handcuffed and had no shoes on……my daughter was crying and I was lost………and little did I know this was only the beginning…..my father told the officers to put Georges shoes on and he is not leaving without shoes on,so they did as my father said and put his shoes on,then my father said can you uncuff him so he can hug his family good bye..they refused and one cop, I think Officer Sullivan, said “Do it, where is he going to go?”

They uncuffed him and he held our daughter tight and told her to be brave and that daddy loves her, then he came to me we looked at each other and then he said I love you, I promise I will be home soon and I will be back. I cried and we held each other so tight I never wanted to let him go, I was scared and he was all I had in life and he was all I ever knew….

ON GEORGE’S PREVIOUS RECORD

(It would come up, over and over in the papers, that George had a record of domestic violence, and therefore a violent past that indicated he was capable of violent assault).

I just wanted to let you know it is not what you think. George was loving and kind and never did hit me. We argued and I called the police with a story. It was me that had hit him, and that I tried to fix . I was the one but they don’t listen, so he told me to be quiet (I hit him). He never would hit a fly. He was never violent not at all.

ON COPING IN THE DAYS, MONTHS, and YEARS TO FOLLOW

I had no faith, courage, hope, or anything to live for anymore, he was all I had! The 3 of us. It was always just the 3 of us and no one else, we had no money but were happiest when we were broke.

You ask me how this changed me, the whole arrests and trials and him being locked away.  I was a drug addict and an alcoholic that wanted to die. I became a cutter and cut myself many times and now I write this thinking how far I have come and thank God for not giving up on me!

It was not easy to move on. It was the hardest part for me, because I would have waited for him till the end of time. He broke it off with me when he realized he was not coming home soon. He said it was the best thing for me and for me to move on. It was like a knife cutting in heart. I did not want to move on –  I wanted my life back.

ON SURVIVING AND MOVING ON

I am thankful each and everyday that God sent Jeremiah my way,when I was at the lowest point in my life and just gave up, there he was holding me, a complete mess, promising me everything will be ok and that he would never leave me,and we have been together since………

My life now is good. It was a long recovery and I have my Love who loves me and he had some big shoes to fill, but in the end he understood where I came from and now he helps me. I have 6 kids and a home and a life I love now….I pray for George every day and know someday the truth will reveal itself!

Thank you for hearing my story. Please pray each day that all our prayers be answered…one day my baby and her daddy will be together again……..

– Crystal Sisto

Crystal and George as pictured in their high school year book, a few short years before George was wrongfully convicted of murder.

Read George’s timeline HERE and a touching letter from Crystal and George’s daughter, now 17, HERE. You can read about George’s interrogation and transcripts of it HERE. Crystal was watching Late Night with Conan O’Brien that night. Across town a woman watching that same show was able to provide the time of Hartman’s attack. Read about that HERE.

If you or anyone you know has information about other suspects in the Hartman murder, please come forward. You can call the Innocence Project at 907-279-0454 or email them at info@alaskainnocence.org There is a reward that is always growing for information leading to exoneration.

If you were with any of the Fairbanks Four this night, please consider coming forward and sharing your story.

Alibis and Witnesses II

Today we have words from two people who had two very different evenings the night the murder took place. Annette spent the night at a reception, having a good time, and her night ended in celebration. It was days before she realized that one of the guests at the reception had been arrested for murder. Like most people that evening, she was not watching a clock. Calvin was at the same reception, but when he left his night took a grave turn. While giving a few people a ride home he happened upon the nearly lifeless John Hartman. Below are the statements from both Annette and Calvin.

 

Calvin Moses is a respected member of his community. He works as a firefighter and IT specialist for BLM. Calvin is an alumni of Mt. Edgecumbe, a hunter, and dedicated father. He, along with his passengers, found a gravely injured John Hartman after leaving the wedding reception at the Eagle’s Hall and made the 911 call that brought the ambulance there. He testified at trial, and here is a letter below both about that experience and his belief that the Fairbanks Four were wrongfully convicted. Like many people, Calvin was initially persuaded by the early coverage of the case that the men were guilty, but after learning more about the case became convinced of their innocence.

      I just wanted to say that I was the person who found John, along with my my passengers Louise Joseph-Lambert and her late sister Christine. I was giving them a ride home from the Eagles and we drove to midtown to pick up their bags and then drove towards Townhouse motel where they had a room.
      I was driving along 9th when one of the women said what is that? As we got closer we saw a person lying on the street and I was going to get out and try to help, but one of the women said “what if who ever did this is still here?” so I didn’t get out, and we drove to their hotel room and called police. I had a hard time with that because I felt like I should have helped him if I could. I was called every day for a week from different investigators asking me questions about that night. I didn’t see anyone near John at the time we drove by. I think that these boys are innocent from reading the evidence posted by Brian and by all the witnesses on here.

     At the trials I attended I was really attacked by the defense attorneys because they tried to imply that I hit John with my car, and they tried to say “is it possible that I hit him, how much have I had to drink, etc.” I told them I quit drinking in Nov 15, 1991 and I don’t do drugs.

     I still think back and remember the look of despair on the young mens faces during the trials. That bothers me because at the time I remember thinking they were guilty because of all the press coverage I had seen about the admissions of some of them and how the press portrayed them as the murderers. I now know different, they were railroaded by the justice system that is suppose to be impartial and objective.

     How can we stand by and let these young men stay in jail any longer? I think that the supreme court should review this case. – Calvin Moses

 

 

Annette McCotter studied Human Services at the University of Alaska Fairbanks. She is a  full time mother to four children, a lifelong boater with a love of Alaska’s rivers, loves fishing and camping with family, sewing and beadwork, and was both in the wedding and at the reception at the Eagles’s Hall that night. Her statement about seeing Marvin throughout the night is below.

 

I was at the reception the night the murder took place. I saw Marvin Roberts off and on throughout the night at the Eagles Hall. I was at the reception beginning to end. I saw Marvin standing around chatting with people, dancing and sitting at a table. I don’t know the exact times I saw Marvin however at the time, time wasn’t of importance. That does not change the fact that Marvin was there and I did see him and say hello. The band was playing everyone was having a good time. Marvin was there having a good time like everyone else. To later find out he was being charged of this crime, I was in total disbelief. No way could Marvin have had something to do with this brutal act of hatred. He didn’t have it in him. Like Marvin said himself “I would have stopped it.” Marvin would have stopped it. – Annette McCotter

 

There is an abundance of alibis and witnesses to support the claims of innocence of these men. If you were with any of the four on this fateful night, interviewed by police, involved in the trials, please consider telling your story, whatever it is. For many people it is painful to return to memories of the police interviews, but please keep in mind that these four men have been imprisoned for 14 years, courageously standing on their innocence, and that your input could help them to achieve justice. Even more importantly, if you have information about alternative suspects, no matter how insignificant it may seem, please report them to the Alaska Innocence Project at 907-279-0454 or at info@alaskainnocence.org. You can give a tip completely anonymously if you want to. There is an ever-growing reward for information in this case.

And, supporters, spread the word. We need to reach people who have information that supports the evidence of these men, but we also need word to reach people who have evidence supporting the guilt of others.

 

The Alibis – Part I

We are in the days, weeks, and months to come going to hear directly from many people who were alibis for the four, interviewed by the police during the investigation, or participants in the trial.

For those readers who were part of this case in a large or small way, we urge you to come forward and tell your own story as well. The community does not know this story, not the whole story. They do not understand that many, many people were affected, that many people KNOW these men are innocent because they were with them that night, that many people had scary experiences when they tried to come forward.

It takes a tremendous amount of courage to come forward with your own face, words, and name. Many people do not want to return to the experiences they had in October of 1997. Somer people can barely speak of it, their experience was so scary, violating, or sad. It is both courageous and important to tell the truth, the whole truth, and stand up against injustice. These four men NEED your courage, your truth, and so does the next generation who, if we are successful, may not have to have an experience like ours. We would like to thank our first two letter-writers, and encourage others to follow their path.

Vanessa Cruger lived and attended school in Galena, Alaska. She moved to Anchorage after graduation and lived there for years before moving to Fairbanks. Vanessa works for a nonprofit in Fairbanks, Alaska in Human Resources. She saw Marvin throughout the night in question and was ultimately called to testify at trial. As she relates in her story, the DA Jeffery O’Bryant approached her there and attempted to intimidate her in an effort to prevent or alter her testimony. Her letter is below:

 

I was at the wedding reception that night, I spoke to Marvin Roberts as I was returning from the restroom to a table I was sitting at with several other people including Eileen and arry. Marvin was standing with Joel Titus in the entry way and I stopped to speak with them. Marvin joined us at our table and danced with several people. I do not know the exact time this took place as I wasn’t anticipating it being a important factor for future events. What I also recall was seeing Mr. Dayton that night after he had been mugged, Mr. Dayton was being assisted by others as he sat on the stairs. I believe this was some time after I had spoken to Marvin.

The fact that I had spoke with and saw Marvin that night later lead me to be a witness and testify at his trial to those exact facts. During a recess called by the court I was outside the court room and was approached by a member of the opposing side which I believe was the DA, he said you told the court that you do not know the other defendants only Marvin, I confirmed to him that was true. I have never had any contact with none of the others and had not met them before. He insisted that I knew Kevin and I had repeatedly told him I did not. He took pictures out of his suit pocket and asked me to look through them, once I did he asked me again if I knew Kevin, again I insisted I did not. He then insisted that in one photo I was the girl sitting with him on a couch, I told him that was not me and to look at it closer. True we did look similar but it was not me. I believe that he was trying to catch me lying but the fact of the matter was I was telling him the truth. During our conversation he mentioned that I would be under oath and lying was a offense. I am not sure how the trial process works but I don’t think that it seems fair for the opposing side to be able to speak in that sense outside the court during a recess. Regardless of that the honest truth is that I did speak, talk to, and even sat near Marvin that night. – Vanessa Cruger 12/21/11

 

  • Carry Orrison-Edwin is the wife of Gary Edwin, the two have five children together. She is a homemaker and student, and has kept herself busy raising her kids, who are involved with basketball, cheerleading, and football. She is originally from Rampart and North Pole, Alaska and currently lives in Eagle River, Alaska. She was at the reception at the Eagle’s Hall on the night of the murder and here is what she has to say about Marvin’s movements that night:

     I sat at a table all night with my husband Gary Edwin, Marvin Roberts, Tracy, Cliff Joseph, Carol Ann Newcomer, Shelia Justice, Bill Justice, and four other women I did not know. At one point my Aunt Eileen stood up and said, “It’s one o’clock!” She had been waiting for the time, because she wanted to call her husband who was at a late movie, and knew he would be home at about one. Eileen came back about ten minutes later, then Eileen and Tracy got up to dance. Afterwards we went over to the bathroom where a woman was on the phone and heard her reporting Frank Dayton’s mugging to the police. When I returned to the table Marvin was still there.

Overall, I saw Marvin throughout the whole night and every time I saw him he was with Angelo and he was not drinking. In my interview with the police I told them that Marvin was at the table at approximately 1:15am, and that he sat there for another 30 minutes or so afterwards. I also saw Marvin and Angelo sitting for while with some girls, one of them being Daphne Huntington. – Carry Orrison-Edwin

Dead Man Walking – A Witness and Song Come Forward

“In times of universal deceit, telling the truth becomes a revolutionary act.” George Orwell

In the days and weeks following the murder of John Hartman many, many people who came forward to tell the truth were treated poorly by police, threatened, and terrified by their experiences. In barely veiled threats, some were even made to believe that if they stuck with their story they may become suspects in the murder as well.

“You keep asking me for the truth, I keep telling you the truth, I don’t understand…” cried one fifteen year old being interviewed. Incarnations of her fear, tears, confusion, and BRAVERY when being pressured to give up the truth and accept someone else’s lies are echoed in many, many interviews with the case.

Why? Because by telling the truth in a climate of deceit, these ordinary people were threatening to tear down all that the investigators thought they had built in the early days following John Hartman’s murder.

The police had a lot of things going for them in the moments, hours, and days immediately following John Hartman’s death. They had four men in custody, two of whom relented to some degree to the aggressive and relentless interrogation and had arguably implicated themselves in a murder. They had collected shoes and boots, pants and shirts, jackets and caps, and the alleged getaway car. All evidence was sent to a crime lab, and they likely expected the tests performed there to confirm their theory. Early, brief conversations with the a handful of the people the men claimed to have spent the evening with made it seem at least possible that all four of the men had been at the Eagles’s Hall at 2 am or shortly after. The police theorized that they had met up at that point, taken a short drive down the street, beaten and sexually assaulted John Hartman for being white, then parted ways. Perhaps they expected that as time went on more witnesses would come forward to confirm their theory. They announced that the crime was solved, and maybe they believed it was. A story of the beating appeared on the front page of the local paper, followed the next day by mug shots of the four arrested. And then, the station was flooded with calls. Witnesses did come forward, including one call that would throw the first of many, many wrenches into the case the investigators were building.

The call came from Melanie Durham, a resident at the women’s shelter adjacent to the crime scene. A house where women and children go to escape fists and feet and men that would hurt them. A place women go so that they do not have to hear children plead weakly for help. On the deck outside this place, Melanie heard a murder.

Melanie said that she knew what time John Hartman had been killed. She had been watching the Late Night with Conan O’Brien show that night, and David Bowie was the musical guest of the evening. She is not a Bowie fan. As he began his performance at 1:30 am, she stepped outside for a cigarette. As the door shut behind her, David Bowie played the first acoustic notes of his song for the evening. He played “I’m Afraid of Americans,” and  “Dead Man Walking.”

Melanie could not hear Bowie’s voice haunting the air inside, “I’m gone, gone gone, like I’m dancing on angels. And I’m gone, through a crack in the past…”

Outside the air was freezing cold and dead empty, silent. Melanie lit a cigarette. Then, she heard a smacking sound, a crack in the silence. A familiar sound. Violence had brought her to this place, she knew its soundtrack. She heard one smack, another, another. She heard a small voice plead for help. She heard darker voices respond without mercy. And then, a return to silence.

Melanie rushed inside, told a night shift worker at the shelter what she had heard. The two stood outside together for a moment, listening. They heard nothing. So, they did not call for help.

Inside, perhaps  David Bowie crooned the last of his song, “I know who’s there, when silhouettes fall…… and I’m gone..”

When Melanie saw the article about the boy in the paper, she called the police to tell them her story, to tell the truth. Her timeline was strong, and through it, police established that John Hartman was beaten to death in an assault that lasted the length of a song. 1:30 to 1:35am

This information changed things. All of a sudden, it was crucial to know about time, to the minute. Naturally, these investigators returned to their notes, the others they had interviewed, to verify that the four in custody had no strong alibis during those critical five minutes. But what they found, probably much to their surprise, was that all claimed to have been elsewhere at 1:30am. And initial interviews with the witnesses who had seen them appeared to confirm that claim.

So, they returned. More interviews, more people. People who would continue, by and large, to tell a very simple truth. Only this time they would be treated as criminals. As revolutionaries, threatening the powers that be. Because, when the police heard the truth, a time of deceit had already begun. These small truths were cracks in the theory, threatening to break apart the entire story.

In the days to follow we will provide details of the police interviews that came in the early days of the investigation, and letters from some of those who were interviewed, who have graciously and bravely agreed to tell their stories again.

George’s Last Night – Timeline

George’s timeline is established through his interrogation, alibi interviews, testimony at trial, and his own account. Times are verified by more than one source. One of the biggest problems George faces was his level of intoxication, and inability to be his own alibi for portions of the night.

9:30 pm – George and his girlfriend Crystal Sisto call a cab and head to the Eagle’s Hall for the wedding reception at the Eagle’s Hall. The cab ride takes perhaps 10 minutes. When they arrive there is not much going on, and they only stay a short while.

10:00 pm – George and Crystal leave the reception on foot and walk down to 2nd Avenue.

10:05 pm – A few minutes into their walk they run into Vernon Roberts, Edgar Henry, and John Folger. Crystal decides to head to the Elbow Room bar, while George, Vernon, Edgar and John decide to head to George and Crystal’s apartment.

10:30 pm – George, Edgar, Vernon, and John stop by Thrifty Liquor, a liquor store on the way to George’s apartment. There they buy two cases of Miller genuine Draft and a 750mL bottle of Bacardi rum.

11:00 pm – The group arrives back at George and Crystal’s apartment, where Antonio Sisto and Dawn Carrol are babysitting. Antonio and Dawn visit for perhaps ten minutes, then head upstairs for the night shortly after the group arrives.

11:10 pm – George, Vernon, Edgar, and John begin drinking. They play Up River, Down River (an Alaskan variation on a card drinking game) and Quarters. They drink all of the beer playing these games. George and Edgar drink the most, probably consuming ten or twelve beers each.

12:30 pm – Crystal returns home to the apartment with Patrick Henry. Crystal has been drinking, but Patrick Henry does not drink and is completely sober. Patrick went with Crystal to the apartment to get the group there and return with everyone to the reception. He wants to leave right away, but the group continues drinking for the next hour or so, George drinks several shots of Bacardi. At this point George has drank about 12 beers and at least three shots of liquor. He is 150lbs. Even by conservative measure, his Blood Alcohol Content (BAC) would be about .358 This level of intoxication can actually be lethal, and can induce comas. Blackouts become “likely” at a Blood Alcohol Content of .20. Read about BAC levels and their symptoms HERE Calculate his BAC on your own HERE

1:20-1:30am – George leaves the apartment with John Folger, Vernon Roberts, Edgar Henry, and Patrick Henry, at this point he is extremely intoxicated. He remembers walking for a short time, but blacks out between 16th and 17th Avenue. The group walks toward the reception but decides to stop to visit a friend along the way and warm up. This time was confirmed several ways. Crystal Sisto who was at the apartment estimates that the group left at 1:30. When George arrives at the hospital and is interrogated, he states that he left his apartment between 1:20-30am, and blacked out shortly after. In a police interview and court testimony the late Patrick Henry states they left the apartment at about 1:30. Vernon Roberts confirms they left as a group and cannot remember the time. This time frame is crucial because this was the time when John Hartman was assaulted.

1:30-1:40 – George, John, Vernon, Edgar, and Patrick stop by Shannon Charlie’s apartment on 11th Avenue (George has no memory of this, others involved established this time frame). They stay for a short time and head to the reception.

2:00am – George, Edgar, and Patrick Henry arrive at the Eagle’s Hall. Patrick heads inside while Edgar and George drink with a group in the parking lot. Patrick Henry says the two were so drunk he felt he had to “babysit” them. He stayed inside the reception about 3am.

3:00 am – Patrick Henry returns to the parking lot to retrieve George and Edgar, who are still there. The trio walk to the Elbow Room bar, where Patrick Henry goes inside. Despite being underage, George and Edgar follow him inside. The bartender kicks George out (this is one of the few moments George recollects from these hours, and has a brief memory of being chased out of the Elbow Room).

3:00 am  – 3:15 am –  Agnes Brockmeyer arrives at the Elbow Room to pick up her father, Johnny David. She sees George, her father, and a group “horse-playing” on the sidewalk outside the bar. George approaches her and asks for a ride home. She says he was not limping or injured at all. Agnes gives George a ride. He gets out a Midtown inexplicably and walks toward the direction of home. (George remembers getting a ride with Johnny David, and remembers being at Midtown. He references both during his interrogation). Vernon Roberts confirms that he parted ways with George at Elbow Room around 3am. Vernon walks back to George’s apartment with Patrick Henry, John Folger, and Edgar Henry. The three do not know that George caught a ride with Agnes, and are concerned that he is missing, given his level of intoxication. Vernon and Patrick Henry both state that George did not have an injured foot at this time. Three witnesses confirm his foot was not injured. This is important because the prosecution will allege that he had badly injured his foot kicking John Hartman at 1:30am, which would mean he should have been injured at this time.

4:00 am (about) – George arrives back at home where all of the original group are at his apartment (Crystal, Patrick, Edgar, John, Vernon) and have been joined by Crystal’s cousin Rachel, who brought another bottle of liquor. George begins drinking again at the apartment and remembers drinking several shots. He again blacks out and does not remember anything until waking up the next afternoon. Crystal states that during this time, George and Vernon got in a wrestling match over the last cigarette that started lighthearted and became a bit serious. She believes this is how George injured his foot. He has not memory of this time, but presumably kept drinking. (Others state that he continued drinking, slept a brief while, stopped by another apartment for a few beers, and then slept briefly in the afternoon at the apartment).

Afternoon – George wakes up with severe pain in his left foot. So severe he is at first unable to walk, and crawls down the stairs, where many of last nights guests remain. At this point Antonio Sisto asks him how he hurt his foot. Although he does not remember how he hurt his foot, he tells Antonio he hurt it in a fight. “I actually wanted it to be from a fight,” George said, “I wanted some sort of social praise. Little did I know that when I told the same story to the receptionist at the hospital that there was a fifteen year old boy in the Intensive Care Unit.”  After deciding that the pain is extreme and his foot is likely broken he calls for a ride to the hospital.

3:30 pm – George checks into the E.R. with an injured foot. When the receptionist asks him how he hurt his foot, he tells her he hurt it in a fight. Although there is no record of George’s Blood Alcohol Level (a Fairbanks Memorial Hospital Nurse confirms that it is standard practice to take a BAC reading in intoxicated patients), if we assume that he only drank two more beers and four more shots of liquor (his companions think he drank even more), his BAC level would be .314 when he checked into the hospital.

HOW GEORGE BECOMES A SUSPECT

When George checks into the hospital he tells the receptionist the same story he told his Antonio: that he hurt his foot fighting. Pretty tough-Indian thing to say, but not true. He thought it was a cool thing to say, made him seem tough, and certainly cooler than “I was so drunk I don’t know.”

Diane Hill has been upstairs, performing a sexual assault exam on John Hartman. When she comes down she is assigned a patient.. In a happenstance that will change the rest of his life, Diane Hill is assigned George Frese as her next patient. The triage nurse tells nurse Diane Hill when she hands over the chart that a drunk Native kid is in with a hurt foot and says he hurt it in a fight.

She testifies during trial that when she went into room where George was waiting to have his foot looked at she entered and they had the following exchange, which persuaded her that he was involved with the beating of John Hartman “I understand that you were in a fight downtown last night, and kicked someone, and hurt your foot, is that right? And he answered Yes.”

Diane Hill then calls the Fairbanks Police and says she believes one of the murders is there as a patient. George is transferred, according to his girlfriend Crystal, to an odd and secure room. According to Crystal the police show up and begin aggressively interrogating and threatening George for some time before his interrogation begins.

Read about his interrogation HERE, including links to transcripts of the interrogations.

SOME NOTES ON GEORGE’S TIMELINE

When George said he was blacked out of periods of time, the police insist that it is SCIENTIFICALLY impossible to black out and indicate that he will be charged with sexual assault and murder if he continues to insist that it is the case. Read about the science of blackouts HERE. There are plenty of articles about the science or blackouts, so feel free to post any others you find!

In a nutshell, over consumption of alcohol can block neurons and inhibit the formation of memory, meaning that the memories are not there “deep in the brain” as the detectives insist, but actually were never created, so try as a person might, the memories cannot be accessed because they are not there.

George’s level of intoxication was such that he could not be his own alibi. However, his level of intoxication is such that it also seems unlikely he could participate in an assault. There are significant witnesses who were willing to provide alibi testimony. Many were ignored by the police AND defense council (see affidavit of Agnes Brockmeyer below who tried to contact both the police and attorney). Some, most notably Patrick Henry, Edgar Henry, and Antonio Sisto were threatened, lied to, and made to feel that if they continued to provide an alibi that they would be charged with this or another crime. Although George Frese’s attorney did not call any alibi witnesses, Patrick Henry testified to timeline in a different trial.

It is also worth noting that George says he left his house at 1:30am during his interrogation. Crystal also makes this statement to the police, and so does Patrick Henry. They state this time BEFORE even the police knew the time of John Hartman’s beating, and without a chance to speak to each other and “create” a timeline, as the prosecution would constantly hint at trial.

A Letter from a Daughter to her Father

The case of the Fairbanks Four is about investigation, interrogation, mass information, misinformation, DNA, rather lack thereof, words and words, pages and pages, testimonies and ablibis, truths, and lies. All manner of things disappointing and wicked.

Sometimes to look at it is beyond exhausting and even their most ardent supporters grow weary. And then, some kind of blessing arrives, some kind of reminder of what this is really about. It’s about everyday people who have suffered an injustice having the courage to stand up for themselves. Below is a letter from George’s daughter, who was a few weeks shy of her third birthday when they broke into her home and took away her dad. If she can remain faithful and determined, certainly so can we.

My Dad, George Frese.
You left when I was a baby, and now when you come back, I’m a woman. You don’t know me and I don’t know you, but we have all the time we need to get to know each other again. I may not remember much about having a dad, but we can make new memories and you can always be there for me again. I miss you every day, I wish you were here. But you’re not. And you’re fighting your way home to be my dad again. I fight for your justice even though I know its dangerous to do so. MY DAD IS INNOCENT! Love you lots, whatever you say.
Love,
Your babygirl, Tiliisia Sherrine!!!

She added,

I miss my dad so much, and people just don’t how much I miss him. On the outside I’m happy and fighting for him, while on the inside I’m crying and screaming for him to come home, and wishing he would be here. My dad was in my life once, I’m pretty sure he can be there for me again. :’)

Here is a picture of George from about 1993, a few years before Tiliisia was born, and four years before he would be arrested for murder.

People who know him will tell you he was funny. Really, really funny. And a sweet guy. A nice guy, a gentle soul. They will also tell you that he had a child very young, but loved her SO very much and was really a dedicated father. It is a heartbreak that this injustice took a father away from his daughter, but she has grown into a strong girl and a fighter!

And, here she is at one of our last fundraisers, counting up donations that will fund the fight to bring her father home!

And on that note…….there IS a lot you can do to help. Spread, spread, spread the word! The number of supporters these guys have grows every day. There will come a critical point where the combined voices are too loud to be ignored.

Attend fundraisers if you are in the Fairbanks area. We plan to have our next one near North American time.

Donate online to Alaska Innocence Project HERE

You can donate miles or dollars to ease the cost of travel.

And REMEMBER….there are people in Fairbanks that have information about this case and about alternate suspects. No matter how small your information may seem, email your tips in to info@alaskainnocence.org or call 907-279-0454.

We have all heard whispers and rumors throughout the years – next time, ask a few questions. Rack your mind. If you have any information, email or call it in!!

There is an always-growing reward for information that leads to the exoneration of these young men.

Marvin’s Last Night – Timeline

Below is a detailed timeline of Marvin’s motions on the evening of October 10th and early morning hours of October 11th. John Hartman was murdered at 1:30am. You can read a timeline of John Hartman’s night HERE.

Marvin spent most of the night of October 10th and early morning hours of the 11th doing two things: dancing at a wedding reception and serving as designated driver to scores of people. Many, many people testified that they saw Marvin throughout the night. Ultimately the DA would make the argument that their testimony should be discounted because his alibis were Native, that Marvin was Native, and that all Natives lie for each other.

Here is what we know of how Marvin spent his last night of freedom:

11:00 pm – Marvin picks up his friend Daniel Huntington from a house about ten blocks from the Eagles Hall.

11:05 pm – After driving for a few blocks Marvin and Daniel stop to chat with some girls on 2nd Avenue. The girls were: Skye Malemute, Monica Carlo, and Justina Demoski. They joked for a few minutes before continuing down the road.

11:15 pm – They arrive at the Eagles’s Hall and head inside, but the dance is not yet in full swing so they decide to go look for a few more friends.

11:20 pm – Marvin and Daniel arrive at Harland Sweetsir’s house, but no one is home. They then drive through the Klondike parking lot and a few other local haunts to see if they come across anyone they know. They don’t, and decide to head back to the Eagle’s Hall and see if things are picking up over there.

11:35 pm – Marvin and Daniel arrive at the Eagles Hall and spend a few minutes talking with Harland Sweetsir, Shannon Jenkins, and Brad Cruger.

11:40 pm – Marvin and Daniel drive a block over to Mapco to use the payphone to page Conan Goebel. They wait 5-10 minutes for a call back but don’t get one. They head back to the Eagle’s Hall, this time to head inside and join the reception in earnest.

11:50 pm – Marvin arrives at the Eagle’s Hall and sees friend Angelo Edwin outside. Daniel stays outside and Marvin hooks up with Angelo. They head in together, where Gary Edwin asks them to sit with him, joking that there are too many women at his table. They sit at his table.

12:00 am – 12:45 am –  Marvin dances with a series of women, including Athena Sweetsir, Tracy Monroe, Michelle Andon, and a handful of others.

12:45 am – Marvin drove a block over to Mapco (gas station) to get a soda for Athena Sweetsir. He was alone in the car.

12:55 am – Marvin made it back to the Eagle’s Hall with a pop for his dancing partner. He say with Gary Edwin, Angelo Edwin, Carrie Orrison, Eileen Newman, Tracy Monroe, and a few others.

1:15 – 1:30 am – Around this time there was some commotion concerning Frank Dayton, who had arrived back at the Eagle’s Hall injured. Marvin and Angelo asked Gary Edwin what had happened, and he responded “I’m trying to find out.” Out of the commotion, Marvin and Angelo eventually hear the basic story – that Frank Dayton had been mugged by four men driving a white or tan four-dour car. (911 Call came in at 1:30am, the same time John Hartman was being assaulted. Police would eventually add the mugging of Frank Dayton to the charges. Three people testified to seeing Marvin while the 911 call was made).

1:45 am – (approximately) Marvin sees Frank Dayton, who has a cut on his head.

1:45 – 2:00 am – Daniel Huntington rejoins Marvin and Angelo. All three continue to hand out at the Eagle’s Hall, where things seem to be quieting down.

2:00 am – The band stops playing. They are on break but a lot of people leave thinking the dance has ended.

2:05 am – Marvin, Daniel, and Angelo realize that the band is only on break and that the reception is not ending, and drive to Detour (a nearby club) to tell some of their friends that the party was not over. Gilbert Frank went with them. Gilbert was unable to get into the club so they all returned to the Eagle’s Hall.

2:15 am – They arrive back at the Eagle’s Hall and run into Allen Sisto who had just been dropped off by Joey Shank (Read more on Eugene’s timeline HERE)

2:30-45 am (approximately) – Marvin drives Alan Sisto and Shara David to Conan Goebel’s house on 24th Avenue. When Marvin drops off Allen and Sisto at Conan’s house Eddie Kootuk was there, and hops in with Marvin to head back to the Eagle’s Hall

2:45am – 3:00 am –  Marvin arrives with Eddie Kootuk at the Eagle’s Hall, and Marvin goes back inside to dance and mingle.

3:00 – 3:30 am – Marvin heads back outside of the Hall, where he visits with Calvin Charlie, Kevin Charlie, and Gilbert Frank for a few minutes. He reconnects with Angelo and Daniel and they decide to drive back over to The Detour to pick up their friend Shannon Jenkins. When they pull into the club parking lot it appears to be closing, with patrons outside in the parking lot and in cars. They cannot spot Shannon Jenkins.

3:30 am – They drive the half block over to Arctic Bar and find Shannon there. Marvin gives him a ride to an apartment at Executive Estates. The group goes inside for a few minutes, then leave Shannon there and head to Alaska Motor Inn to check out a party there.

3:50 am – Marvin, Angelo, and Daniel arrive at the Alaska Motor Inn. They see a heavily intoxicated Eugene Vent sitting on the bed using the phone. Harley Semekan is there along with Nicole Pitka and Gilbert Frank. Gilbert is passed out on the bed. The are only there for a short time before they are told the police had been called on the hotel room.

4:15 am – After hearing that the police were on their way, Daniel takes off on foot. Marvin leaves in his car and drops Angelo off before going home and going to bed.

The next afternoon the police arrive at Marvin’s house and take him into the station to interrogate him. He is as stunned as you would expect him to be. Read about his interrogation and access transcripts of it HERE

Everything that comes next is…..unthinkable. If it had not happened, it would seem impossible. Marvin is arrested for the murder of a young man he had never met, whom he had no connection to, with no physical evidence, and shortly after many hours of interrogation where he begged for a lie detector and maintained his innocence. Marvin had never had so much as a speeding ticket before the day he was arrested for Murder in the First Degree.

Read what Marvin has to say about his time in prison HERE.

Read about the physical evidence against him HERE.

Read a little about the men who sought him HERE.

Beautiful Gifts – A Letter from Marvin

It is wonderful to receive two things at once when each serves to illuminate the other. Today we had one angry comment that these guys are “drunks” who should “rot in jail like they deserve” and one letter from Marvin, who has every reason to be bitter, but is instead humbled, faithful, hopeful, forgiving, and grateful. Please remember that all four of these guys do not have to rot in jail. All of them could be out and free if at critical points they had taken a deal, or even as recently as this fall, agreed to express remorse instead of innocence at a parole hearing. They have chosen, at great personal cost, to stand behind the truth because it is right, and despite their experiences are united in their faith that they will some day be exonerated and free, that God has a plan for them.

The stamp on the letters that come from Marvin (pictured above) say “Correspondence originated from a correctional facility. Facility not responsible for substance or contents.”

It is a poignant label. The content originates from Marvin’s heart, and despite his years locked up in facilities, the substance remains courage and truth. Marvin’s letter scanned better and is quite readable – here it is. We will type it out soon, but wanted to get it out today, as he provides some insight into how we respond in our hearts when hate comes our way.

Who’s Afraid of the Big Bad Wolf?

A better question might be who’s afraid of the big bad wolf pack?

The corruption in this case runs very deep. So deep that there is no point in denying that there is a large range of potential risks in writing about some of it publicly. Every stone that is turned over in researching this case reveals more and more indications of corruption, some on the part of common criminals, some on the part of those that we should be most able to trust – police officers, attorneys, and judges. And the idea of making any of them too angry is, well, scary.

But the truth in this case is that fear was used like a tool to repress many people. A lack of courage on the part of many was required for justice to be so far miscarried. In this climate, the courage of some is all the more astounding. The earliest truth-tellers in this situation are people to be admired. It seems simple enough to just tell the truth, but as Orwell said, “In times of universal deceit telling the truth becomes of revolutionary act.” It was scary to stand up then, and many didn’t.

There is a quote so often repeated that it is hard to find its original source – “All that is required for evil to prevail is for good men to do nothing.” It is a powerful idea, and one that applies here. Many, many, many people did not come forward as alibis, or as informants to the actual perpetrators while this case was active because they were afraid. It is understandable, it was a terrifying time, but to move forward we must let go of that fear. Many good people did nothing when this case occurred. That is the past, and we must learn from it, but we must also let it remain the past and walk bravely into a new future.

So, here is a new quote to for a new era:

“Power is of two kinds. One is obtained by the fear of punishment and the other by acts of love. Power based on love is a thousand times more effective and permanent then the one derived from fear of punishment.”  – Gandhi

We possess a power greater than those that oppose us because we act from love. On that note, here are some of the highlights of corruption in this case. Sadly, this is the tip of the iceberg:

When the labwork came back and there was NO physical evidence against the Fairbanks Four, the investigators did not pursue other leads. They went “shopping” for jailhouse snitches. One was a woman who claims that she overheard an incriminating statement while she was in jail at FCC the same time as the four. Even though male and female inmates are separated even in general population. Even though the four were being held in isolation, where they made comments of any nature to absolutely no one. The star witness was a man who received leniency in his own crimes (and whose criminal record would make you sick) who agreed to testify that he had seen the four together. From 550 feet away. In the dark. Drunk. High on drugs. Standing with a group of people, some who were sober, who saw nothing. (To be fair, perhaps he got into radioactive goo or something as a child and has super powers).

In the absence of any physical evidence to take to trial, Detective Aaron Ring and Prosecutor Jeffery O’Bryant got together in their hotel room and made some. Don’t bother reading that sentence twice, you did indeed read it right the first time. With young men’s entire FUTURES at stake men sworn to uphold justice, to serve and protect us all, made exhibits for court during a hasty craft hour held in their hotel room. They took a lab-made ink print of George’s boot that was printed on clear overhead type paper. They selected a few slides that did not show all of the tread. They then layed it over a photo of John Hartman’s face. The photo had no scale. It was scientific garbage, but the lab logo would lead the average person to see it as legitimate. With no scale, a picture can be adjusted until its size roughly corresponds with any shoe. The exhibit was not made by a forensic lab, but by a police officer and prosecutor in their hotel room.

In an affidavit filed by John Cayton, the forensic expert the defense employed at the trial, filed post-trial, Mr. Cayton calls the exhibit “extremely misleading,” “troubling,” a “misrepresentation,” and states that, after repeatedly asking the defense attorney for a chance to review the evidence (remember, the defense attorney should have WANTED his expert informed), he was eventually told to get it directly from Aaron Ring, who sent poor quality copies and copies without any scale.

George’s first attorney, Bob Downes, made some other remarkable choices during trial. In addition to not supplying the expert the information he would have needed to testify properly, he did not call any of George’s alibis as witnesses. He also DID NOT OBJECT to the homemade bogus boot exhibit.

Bob Downes had worked with the prosecutor, Jeffery O’Bryant in the past, and knew him personally. After the trial was lost Bob Downes became a judge. He used Jeffery O’Bryant as a reference, and got the job. You can read his application/resume HERE.

No other suspects were investigated. Even though John Hartman’s brother had received a phone call warning him that his brother might be in danger the same night that he was killed. Even though Chris Stone, the person last seen alive with the victim, had astounding inaccuracies in his statement. Even though the victim was found wearing his pants. Even though he had suffered a similar beating a few weeks earlier and had refused to name his assailants. Even though there was never ever any evidence that any of the accused knew the victim or would have had any reason to harm him. Even though Chris Stone left a disturbing message for a friend that night, even though that friend asked police to get a copy, even though she went to the police station that day to make a statement that she thought Chris Stone was not being honest. EVEN THOUGH THERE WAS NO PHYSICAL EVIDENCE.

All interrogations in Alaska are required by law to be taped. George insists, and Crystal Sisto also insists, that his interrogation began long before a tape recorder came on. Read transcripts of the interrogation HERE and decide if that seems to be the case. You can also read the post about his interrogation HERE.

Eugene Vent was a minor and had the right to have a parent present. They told him that, but read about his interrogation HERE and ask yourself if they really believed he had understood all of his rights.

There is no recorded Blood Alcohol Level for George Frese on record anywhere. Interesting, considering that he had drank beer and liquor all night, hard liquor all morning and into the afternoon. Unusual, since it seems that an intoxicated underage patient would typically have a blood alcohol test. It makes you wonder…..is there a blood alcohol content at which a person must receive medical treatment and cannot be interrogated? Is there a blood alcohol content at which a person is considered legally incompetent and their statements could be voided? If there was one taken, how did it disappear?

The key players in this case received serious promotions following the “successful” outcome. These boys made the list of his notable accomplishments when Jeffery O’Bryant’s promotion to Fairbanks District Attorney was announced. Check that out HERE

Add to that the MANY PAGES of details that we will need time to write down. Add to that controversies that we are still afraid to write down. Add to that corruption we have not unearthed. And add this final quote to your mind for times when you want to blend into the flock because you are afraid:

“Make yourself sheep and the wolves will eat you.” Benjamin Franklin

There are many people in our community who know who committed this crime and have remained quiet out of fear. To you we say, muster your courage. Put your faith in the idea that to act from love gives you great power. Remember that fear does not make you safe, it makes you sheep. And the wolves are out there.