Fairbanks Police Chief’s Shocking Remarks on Fairbanks Four Exoneration

Police chief Randall Aragon, who heads the Fairbanks Police Department that has long been accused of racial bias and misconduct in the Fairbanks Four case and others, made a series of shocking remarks following the release of the wrongfully convicted men known as the Fairbanks Four. The comments made in two separate interviews to Alaska media outlets KTVA and the Fairbanks Daily Newsminer marked a sharp departure from the chief’s pervious position and left supporters of the innocence movement wonder who directed his new position.

fairbanksfourfreeThe four men at the heart of the case- Eugene Vent, George Frese, Kevin Pease, and Marvin Roberts – maintained their innocence for the entire eighteen years of their imprisonment, and refused to sign any terms of release that would not allow them to continue professing their innocence. After a five week evidentiary hearing on the case in which newly unearthed evidence that exposed incredible police and prosecutorial misconduct in the original case, undermined the credibility of the information prosecutors and police used to convict them, and revealed not one but two confessions from the alternate suspects known to the police for many years, the State of Alaska released the men in exchange for a promise from them not to sue the State, city, or individual police officers and prosecutors responsible for wrongfully convicting the men.

Although the State of Alaska, Fairbanks Police, and City of Fairbanks have reached excruciating levels of ridiculousness in their efforts to deny having made any mistakes in the case, and with eighteen years of absurd commentary from officials, the police chief’s remarks following the release of the men still managed to be uniquely offensive to the very concept of justice and every advocate who demanded it.

We will break this down real easy and respond to each of his comments individually.

“It’s like a person gets deferred adjudication for a traffic ticket, you know? You do well and [if] after a year you haven’t got any more tickets, the conviction disappears.”

No, actually, it turns out that being an innocent person convicted of a brutal murder and released after 18 years of fighting back against a deeply troubled system is a little different than a parking ticket disappearing on its own. Like, in every possible way. First there is the difference between committing a traffic infraction – as minor as it may be – and NOT committing a murder. Not only are these two different they are actually opposites. Guilt and Innocence are not the same. Should we all be worried we have a police chief who does not know that? (YES. The answer is YES, that should freak you all out – that is kinda how we got here). Then there is of course the difference between a traffic infraction like, say, running a yellow light, and the brutal kicking murder of an innocent child. They are both illegal, yet, it feels like maybe not comparable? Yes. Totally not comparable. And last but not least there is the glaring difference between a conviction “disappearing” after one year and eighteen years of wrongful imprisonment, day after day after day locked behind bars and chains, the violence, blood, lack of health care, psychological torture, missed moments, utter torment, and the unrelenting fight of a lifetime by yourself, your loved ones, thousands upon thousands of civil rights activists, hundreds of tribes, dozens of attorneys, the Innocence Project, political resolutions, politicians, all culminating in a evidentiary hearing that reveals precisely how you were wronged and who was actually responsible for the brutal murder, and the full dismissal of charges and release by your captors. Those things are pretty different.

Aragon said the settlement “vindicates the police department and prosecutors, and the state released the four not because they believe they’re innocent, but because of political pressure.”

Hahahahaha. What a hilarious, if tasteless joke. Because it is a joke, right?  I mean, there is no way that an agent of the law believes they were granted some kind of immunity against responsibility for the violation of civil and constitutional rights through extortion of unlawfully imprisoned citizens, right? And no one in their right mind could have seen the contents of the five week trial where the officers and prosecutor responsible here stammered and lied on the stand and then the state released the wrongfully convicted men before they could be freed by a court and sue, “vindication,” so this is definitely a joke. Well played, chief, for a second we thought you were serious. But be sure to tell that one to the Department of Justice and Federal Bureau of Investigation, they will LOVE it.

Aragon went on to explain that the FPD would NOT be investigating John Hartman’s murder because it is closed (ie they still consider the Fairbanks Four guilty) and they have “no viable leads.”

“If anything ever pops up, any viable leads that would be workable that would lead us to believe someone else was involved, we would begin further investigation,” Aragon said. “At this point, we don’t have anybody else to look at as far as further investigation.”

“Whatever happened on that case, they’re no longer incarcerated. They’re turned loose,” Aragon said.

OHHHHHH MYYYYYY GOOOOOODDDDD How is this even real?

The Fairbanks Four were freed because they are innocent. The State of Alaska does not arbitrarily free killers. They did not kill John Hartman and any comment which insinuates that for the purpose of preventing liability or pleasing a higher up is a morally repugnant thing for any human, let alone one purporting to be an agent of justice, to say.

A fight for justice is a fight for JUSTICE. John Hartman was beaten to death for no reason, in a hate crime, as a little kid. He deserves justice. Bringing his killers to the court should trump any pursuit of ego, money or reputation. The FPD should investigate ALL leads. Investigate the Fairbanks four and the rest of the innocent all you like. But by all means, if you have not been able to find a viable lead, we can help there.

Jason Wallace, Shelmar Johnson, Marquez Pennington, and William Holmes killed John Hartman. There’s a lead that just “popped” up. We know that because TWO OF THEM CONFESSED. Their SWORN testimony is part of the public record and the chief himself sat and listened to it. William Holmes passed a lie detector to prove his confession was true, and even wrote it down and sent it directly to FPD who “basically, uh, didn’t do anything with it,” according to the officer who received it.

Perhaps not so into the reading? The mountain of evidence against the people who actually confessed to the crime was lost on you in person? Here is Holmes ON VIDEO if that helps.

If this murder cannot be solved we are all in serious danger, because this is as easy as an investigation gets. When the original officers failed to do it properly, the Alaska Innocence Project and the Alaska State Troopers came along and did it for them, then handed them the answer. If they can’t figure this one out then we have more problems within our justice system than even we knew about, and we are jaded over here.

We questioned it, too. We aligned with the prosecution, me and my investigators,” Aragon said. “There were doubts that was credible. My staff has never felt, at any point, that they were traveling in the wrong direction.”

Okay, well then you are going to want to fire those people that never felt they were maybe headed in the wrong direction. For incompetence. It is very important to question ones direction when all empirical evidence indicates the direction is dead wrong, especially when lives are at stake. They should be fired for some seriously disturbing confirmation bias driven incompetence.

“There’s got to be a calm. A cloud has been hanging over our great city. It’s kind of going away,” Aragon said.

We really want it to go away too, but somehow reading your comments served as the huge reminder that there is no end in sight. For real, please, knock it off. Actions and words against justice by agents of justice hang over this golden heart city like an unlifting fog, and we would super appreciate it if you guys would just stop.

At this point in the interview the chief shows off a photo of himself with a Native leader and a necklace, and basically insinuates that he and the Native community are all cool, and that indeed perhaps agree with him, saying, Natives “Wanna build a bridge and walk across it all together. And that’s what I’m looking forward to.” Because, you know, a comment made to him by one man in a completely different context on a totally different topic means every indigenous person in town agrees with him forever now.

Oh, dear. We think maybe you mistook BURNING bridges for building them.

Another roadblock for the FPD in investigating the alternate suspects? They claim they do not know where they are. We can help there, too.

Rashan Brown was arrested on August 5, 2004 in Umat County, Oregon. Brown was charged on 10 total counts, including "MURDER AGGRAVATED", "", "MURDER AGGRAVATED", "", "MURDER AGGRAVATED", "", "MURDER AGGRAVATED", "", and ""

Rashan Brown is in prison, in Oregon State penitentiary, because after you failed to arrest him for killing John Hartman he killed a pregnant woman and a young man. That’s one of the reasons we need to arrest killers – they kill people.

 

 

shelmar1Shelmar Johnson, longtime drug dealer, burglar, who supplied weapons for at least one murder, is currently in Orlando, Florida.

 

 

Marquez2Marquez Penninton, longtime drug dealer and woman beater, is here in the greater Fairbanks area, sharing streets with our children, exactly where the entire community was terrified the killers of John Hartman would end up back in 1997.

 

William Holmes TestimonyWilliam Holmes is in prison in California, because after you failed to arrest him for killing John Hartman, he killed two young men execution style an dumped them on the highway before heading off to execute his plan to kill an entire family including a little girl. Again, it’s important to arrest killers. They kill people. Like human people. Kind of a huge deal.

Wallace, JasonJason Wallace is in prison in Seward, which the FPD and state know, because they’re in pretty tight with him. And he is there because after they failed to arrest him for killing John Hartman he….yes, he killed more people. Again, we need to arrest killers because of the killing. But Wallace is in a category all his own. Last time he was in a squad car it was for killing an unarmed woman with a hammer, after which an officer took him to McDonalds because he felt bad Wallace would not be eating a burger for a long time. Unfortunately, he cannot be prosecuted for killing John Hartman because the State gave him immunity in the obscene effort to keep innocent men in prison. He CAN however be prosecuted for the perjury for lying on the stand. Oh, and it’s pretty obvious that he killed Mahogany Davis, three weeks after she had a baby and in front of her kids. And in general he seems to be super dangerous sociopath. So maybe look into that.

If all else fails and you cannot find Marquez Pennington and Shelmar Johnson with outside records, check your own. We are pretty sure they should be easy to find on your own informant list.

When reporters informed Bill Oberly of the Alaska Innocence project that the FPD Chief Aragon claimed to have no viable leads to investigate he said, “That’s ridiculous. We know who did it, a guy got up on the stand and confessed to it, and another guy told four other people he did it. And that’s not viable?”

We could summarize what Police Chief Aragon said that way and save you time – it’s ridiculous.

So now, Aragon and other agents of justice, we imagine you are off to celebrate the birth of the most famous man in the world. A wrongfully convicted man. You may want to read up on that.

Readers, we are so sorry that this isn’t over, but we know you already knew that.

The story of the Fairbanks Four is much older and much bigger than four young men. It is our story, the story of this place, this people, this country. And you have to keep fighting, because we have to be the ones to write the ending.

 

 

 

 

 

The Fairbanks Four Have Been Released

fairbanksfoudoorHundreds or people filled the hallway of the fifth floor of the Fairbanks Superior courthouse yesterday, gathered around two closed doors bearing the words “Confidential Hearing Do Not Enter.” They came one by one, trickling in to wait together, again, for justice. Grandmothers with their scarves and crochet needles, babies hanging from their mother’s hips, teenagers playing on their phones, nurses on lunch break, a relocated e-board meeting, beggars, CEO’s, activists, priests, people – they all came, and they waited.

For the last eighteen years people have stood diligently in the halls – pilgrims at the doorstep of a justice system that will not let them all the way in. And they have waited. They have raised money one dollar at a time, cake walks and spaghetti feeds, auctioned diamond willow walking sticks, and paintings, and hundreds of thousands of glass beads sewn to moose hide, and they have never given up.

fairbanksfourcourthouseBecause eighteen years ago men in power took away four boys for a crime they did not commit on a whim and a terrible miscalculation. Four boys. Children. They did not care whether or not they were guilty, just believed they were disposable. That they would be forsaken and forgotten because they could not see them as human beings with value equal to their own children, because that is the dehumanizing reality of racism and bias. They were so, so wrong. It’s beautiful, really, how wrong they were.

“I go cover to cover on the case, and I just don’t see anything that would account for its staying power, its longevity, its life,” a former police chief said in reference to the case in 2012.

They forgot to account for the staying power of the truth and the longevity of love. For eighteen years no one who loved those boys, or loved people who loved those boys, or loved someone they could see in those boys forgot. Their persistence grew. The truth spread. Years of hard work led back to the courtroom where the case began, barred from entry to the room where fates would be decided, back to the hallway to wait.

After more than seven hours of waiting, the doors opened. The judge allowed the courtroom to fill to capacity, and warned the spectators that the court was a solemn institution of justice, and that he would not tolerate outbursts or demonstrations. The court was silent as the judge outlined the terms on which the four would be exonerated.

The State of Alaska agreed to release the men by dismissing the original charges, which from a legal perspective makes it almost as if the case simply never happened. As if they were never arrested or charged at all. As if the entire thing was, after all, only a nightmare.

The State further required that the four men agree to not sue the state for their wrongful imprisonment or the police and prosecutorial misconduct that led to it.

What are eighteen years of life worth?

There are some that believe the four should have waited in prison until they were offered monetary compensation. And certainly are owed better from the very system predicated on the notion that accountability should be calculated and exacted through the court of law. But money is only money. (You CAN donate money to them HERE).

No one lays awake at night an innocent man in a prison cell and has their heart break a thousand times because they miss money. People miss their mom, their brother, their best friend, their dad, their child, their lover, their sister. They miss Christmas and pancakes and birthday candles and coffee and giggles. They miss time. They miss love.

No one thought about money when the judge announced the immediate release of Eugene Vent, George Frese, Kevin Pease, and Marvin Roberts. They erupted into cheers. They cried. And they sang and danced a powerful song and a strong dance.

All of those people went home, cooked, and met at the tribal hall an hour later and put on one of the largest potlatches Interior Alaska has ever seen. With nearly no notice they prepared a feast, gathered, and waited one last time to welcome home the men who were taken so long ago, back when they were still just boys.

The four men came home. They walked into the tribal hall where for many years chairs have waited empty for them. And the people danced again.

Nuchalawoyya was the song. Literally translated from Koyukon Athabascan it means “where two rivers meet.” Much of meaning, in many things, is lost in translation. It also means a confluence – a place where people meet, where two things become one thing. The meeting of the Yukon and Tanana Rivers is called by the same name. It was a traditional meeting place for chiefs for more time than history can record, and it was  place that saw gatherings in celebration and despair alike. It was the place that the Tanana Chiefs conferred so long ago to negotiate collectively for their people. The place is very near the modern day village of Tanana, a place where two worlds collided long ago. After the first settlers came they divided the place along an invisible barrier called the “mission line.” On one side, the church, the school, the clinic. On the other, the houses and forest. No Natives were allowed to cross the mission line after 5pm. The world is cut up with invisible lines. A mission line runs right across the courthouse steps. Nuchalawoyya is that place, and it is a song that remembers all of that and more.

It is a song that has been sung at many fundraisers and protests and times where these men were mourned or rooted for or lifted up. It has long been a cry for justice and last night the men for whom the song was sung so many times came home and walked right into that circle and sang that song, too.

The Fairbanks Four were exonerated and released because of the hard work and faith of people like you. To all of you who have read this blog, heard this story, donated, baked, dance, sewed, sang, hoped, listened – thank you.

fairbanksfourgeorgetiliisia

George sees his daughter

George’s daughter was three when he was taken away. She is twenty-one now. The sound of her yelling “Dad!” across a room and run to hug her father – thank you for that.

 

 

 

 

 

eugeneandmom

Eugene sees his mother

Eugene’s mom holding onto him – this small woman whose son grew to a big tall man away where she could not reach him – touching his face and saying, “Is it really real?” – thank you for that.

 

 

 

 

fairbanksfourkevinandaunts

Kevin and Aunts

Kevin flanked by his aunts, the sisters of the beloved mother he lost while in prison, shaking the hand of a little boy who wanted to meet him, who came and said “I did a current events report on you for school and got a hundred percent and that’s how come I knew you were innocent and am happy you are home.” Thank you.

fairbanksfourmarvinhazel

Marvin with his mother after court ruling

Marvin’s mother peering through a locked door for the last time, tears finally of happiness on her face when he stood a free man for the first time in eighteen years – thank you for that.

And none of that could ever be purchased. The Fairbanks Four deserve better than what they got, but what they got is better than what those who did them wrong will ever see or feel or understand in a lifetime. They won.

The fight for justice is not over. It will not end in this lifetime or the next. But it is a privilege and a blessing to fight.

To Eugene, Kevin, George, and Marvin – welcome home.

fairbanksfourtribalhall

Supporters Gathered At Tribal Hall