Day 6 – State Cold Case Troopers Turn on Prosecution

October 12, 2015

troopersThe first witness in the court proceedings supporters and attorneys believe will free the Fairbanks Four was William Holmes, who calmly took the stand and confessed to the crime for which the four men have served the last eighteen years. He was followed by a litany of powerful witnesses who bolstered his claim. It was difficult to imagine a witness that may prove more damaging to the state’s case than Holmes. But perhaps the most powerful testimony, and the testimony most damning to the state’s insistence that the Fairbanks Four are guilty may have come today from two cold case detectives who set out to investigate the case on behalf of the state.

Troopers Gallen and McPherron worked directly under prosecutor Adrienne Bachman from late 2013 until their premature dismissal in January 2015. Both took the stand today and provided absolutely damning testimony. They disclosed that their investigation turned up serious defects in the original investigation, significant evidence to support the claim that it was William Holmes, Jason Wallace, Rashan Brown, Shelmar Johnson, and Marquez Pennington who killed a young John Hartman in 1997 – the very crime for which the Fairbanks Four were convicted and have maintained innocence for and fought 18 long years to bring back to court. Frese attorney Jahna Lindemuth asked Trooper McPherron if their investigation produced any evidence that the Fairbanks Four were present when Hartman was assaulted, McPherron simply answered, “No.”

But the two investigators testimony about the deficits in their own investigation cast harsh light onto the current approach and practices of the State of Alaska and the prosecutors who are defending the faulty convictions. Gallen and McPherron revealed that Special Prosecutor Adrienne Bachman instructed them not to collect a specific and exonerating statement from a witness who had heard a confession from Marquez Pennington, a man named as one of the fellow Hartman killers by Holmes. They also testified that prosecutors and police hid the Torquato memo and the fact that they had received and failed to respond to a confession from Holmes in 2011. Bachman, they claimed, refused to hand over emails between herself and Officer Jim Geier, a man heavily involved in the original investigation as well as alleged efforts to downplay or hide significant exonerating evidence that emerged from the time of the initial investigation through 2015.

A particularly cringe-worthy exchange between Bachman and one of her former investigators occurred when the trooper described how he, Bachman, and McPherron had tested the Olson testimony by attempting to identify each other from the distance Olson described in his testimony. Gallen stated that they had been unable to distinguish even the most basic identifying details of appearance at that distance. Bachman remarked that the troopers failed to indicate in their report that she had been able to make an ID from that distance.

“You did not indicate that to me,” Gallen replied.

Bachman only scoffed in response, and Gallen continued, “all you said was ‘O my God, oh my God, and I didn’t know what you meant by that.”

Gallen and McPherron also testified that they were removed from the case before their investigation was complete. Their demeanor toward Bachman was palpably hostile, and accusations of inappropriate conduct on behalf of the special prosecutor were peppered amongst the testimony condemning the convictions of the Fairbanks Four.

liar2Bachman had indicated during opening statements that the state’s investigation confirmed the original convictions. Testimony from her own investigators today not only failed to confirm that, but undermined absolutely every facet of the case, from the integrity of the original convictions, the police work that led to them, the prosecution of the original cases, bolstered the alternate suspect theory, and cast significant doubt as to the intention and honesty of the State effort led by Bachman to defend the convictions. These should have been the state’s star witnesses, and instead they proved catastrophic to the state’s case. The local reputation of Alaska State Troopers is indeed one of independence, and in general they are locally perceived as more trustworthy than other branches of the Alaska justice system. Today’s testimony certainly affirmed that the troopers reached their own conclusions without inappropriate consideration to the politics of the case, a welcome first for supporters of the Fairbanks Four.

There remains absolutely no indication that the State of Alaska has changed their strategy, and it appears that they will move forward with attacking the post conviction relief proceedings based on technicalities and hopes to declare much of the exonerating evidence inadmissible. Alaska State Governor Bill Walker has remained conspicuously silent as the State spends untold millions on a conviction even their own investigators believe is wrongful. Meanwhile, two known child killers are free on the streets of Fairbanks, presuming they have not fled, which may be Alaskan’s best hope for safety from the men, and there is no indication whatsoever that the State plans to pursue them despite the growing mountain of evidence that they committed one of the most heinous crimes in the history of the “Golden Heart City.”


Read this story in our local news!

Troopers Refute Prosecution Claims

Hope – A Letter from George Frese

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This letter needs little introduction, if any at all. George Frese wrote this from his cell in Spring Creek Correctional Center, a maximum security prison where he is waiting. Waiting, approaching his 15th year of incarceration for a crime he did not commit. A crime to which no physical evidence ever connected him, committed against a boy he never met, on a night he spent with half a dozen alibi witnesses. Most importantly, a crime that people outside the walls confining him have information about. Information that could allow him to receive a new trial. This information is the key that unlocks his cell and sends him home. These people have chosen to remain silent for many years out of fear and a false belief that someone else should come forward, and that their non action hurts no one. This letter is to them.

They say time heals all wounds, but what if it was the complete opposite? Where every moment that passed you by was an accumulation of pain, sadness, loneliness, and missed memories? This is the life that has been dealt to the Fairbanks Four.

Nearly fifteen years have been accumulated. Sixty years when you add all four of our lives together. Perhaps thousands of years when you include our family and friends.

The first fourteen years were tough, but none as tough as the past year. The last year has allowed me to see family that I haven’t seen in nearly twelve years because I spent all of that time in an our of state prison. The ones that I have seen have aged considerably and have caused me to feel a sense of urgency to be home. Old friends come back and new friends have been made.

All this publicity has caused out hopes to soar. Hope that the powers that be will have mercy and give us back to our families. Hope that anyone with information will come forward and free us from our misery. Hope that all this ends. Hope that it happens soon. Hope that we will be free to follow our dreams and not take anything for granted.

Always Hopin,

George Frese

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Didn’t Do It – Poem by Eugene Vent

Eugene Vent, a short time before he was wrongfully convicted of murder.

Below is a poem by Eugene Vent. We included a picture of both handwritten pages and typed it for easier reading as well. Imagine the incredible grief and pain that would come from being wrongfully accused and incarcerated. All of the things you cannot do – hug someone, stand out in the snow and see the lights, eat a meal, run into a friend, hold a hand, see you home, your family, stand on the banks of the river. For Eugene that river would be the Koyukon. A few days ago I found myself heartsick for that sight – I haven’t seen it in a few years, and then it dawned on me that Eugene has not seen the places he yearns for in over 14 years. Freedom is everything….freedom is the foundation on which nearly all things in life are built upon. All things except, perhaps, faith. These four young men have seen nothing but injustice, have been the victims of the worst in people. Yet, there they sit, with absolute faith. Faith in destiny, in love, faith in the goodness of people, faith in their friends, family, supporters, faith in prayer, FAITH IN JUSTICE. So much of their strength comes from all of you. We were blessed with two successful fundraisers this week, and are blessed with incredible generosity from so many people. To hear their story would cause anyone to lose faith, but to see the legions of people band together and fight for them restores it. Thank every one of you who reads, donates, hopes, and prays for these men. It keeps their hopes high, their faith strong, and someday soon we hope it WILL bring them home where they belong.

                                           “DIDN’T DO IT”

                                            by Eugene Vent

“Didn’t do it,” that’s what I told the detective, but still he chose to put me through it.

“Didn’t do it,” told my mother and she believed me – continued to have my back like countless others.

“Didn’t do it,” I told my first lawyers. “Take a deal,” they’d plead, instead of fighting like warriors.

“Didn’t do it,” what I told the judge, NOT GUILTY what I pled…..and on that I’ll never budge.

“Didn’t do it,” I told my trial attorney and he told me it could end up being a very long journey.

“Didn’t do it,” I told the D.A., and also the jury…..when found guilty I felt so much fury.

“Didn’t do it,” I told the judge that was going to sentence me…ultimately got 48 years in the penitentiary.

“Didn’t do it,” what I told some antisocial human beings, they didn’t care because they’re heartless machines.

“Didn’t do it,” I told the Parole Board that continued me to 2014; just another chapter in the saga that I know will end in the freeing of the Fairbanks Four!

“Didn’t do it,” what I tell anybody who will listen and do something with it.

“Didn’t do it,” that is our story and we will forever continue sticking to it because the Truth always comes out in the wash.

Thank you so much for reading this, I always loved poetry and being able to create my own style in writing it. Thank you to everyone for cooperating in this battle and never quitting, even in the hardest times.

I believe in the efforts of all of you, I feel extremely confident it will pay off soon and we can finally get what we truly deserve……Freedom.

Baase’

Your Friend,

Eugene Vent

"Didn't Do It" by Eugene Vent, p. 1

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.

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.

Can DNA Evidence Set the Record Straight?

Many prominent exonerations have come after Innocence Projects re-tested DNA evidence collected from a crime. Unfortunately, that is not an option in this case. The summary of physical evidence connecting George Frese, Eugene Vent, Kevin Pease, and Marvin Roberts to the murder for which they were arrested and convicted is contained below:

That’s right – nothing. No physical evidence. Zero, Nada, Nothing. There are many points of this case on which people disagree and can present a compelling argument. The point of physical evidence is not one of them.

Perhaps, if we assume the best of the investigators, they may have believed during the earliest points of the investigation that they had the right men. Kevin Pease, for example, had blood visible on his shirt when he was questioned. He claimed that the blood was his from a nosebleed. Labs would confirm that was the case.

Police collected the shoes and clothes that George, Marvin, Eugene, and Kevin were wearing the night of October 12, 1997 and sent them to a forensic lab, most likely hoping or assuming that some physical evidence would link them to the victim. Nothing did. No blood, no DNA, nothing.

Police dismantled Marvin’s car looking for evidence that would at least place the four young men together in the vehicle. Nothing.

Despite the accusation that these four men had spent the evening together on an unprovoked spree of violence, culminating in the kicking/stomping murder of John Hartman, no physical evidence of any kind has ever linked them to the victim, the crime scene, or each other.

According to the national Innocence Project, eye-witness misidentification, snitch testimony, and false confessions are often the key ingredients to wrongful conviction. All of these elements would be used to build a case against the four. Missing from this case is physical evidence of any kind, the most reliable form of evidence, and in a crime of this nature, the most obvious type of evidence to look for in the search for the responsible parties.

It seems logical to assume that there was indeed physical evidence on the people who committed this crime. Unfortunately, such evidence was never collected. No other suspects were ever pursued in this case. The physical evidence of this crime probably existed in those crucial hours following the murder, on the shoes, vehicle, and clothing of the actual perpetrators. And it was probably washed away a decade and a half ago.

These four will have to proceed toward exoneration without physical evidence, a notoriously difficult and complex fight.

 DON’T FORGET TO LIKE FREE THE FAIRBANKS FOUR ON FACEBOOK!

Introducing the Fairbanks Four

On the same evening that John Hartman lived his last night on Earth, four other young men also spent a normal day with their friends and families, with no idea as evening fell that October 10, 1997  would be the last normal day. No premonition that the night and early morning hours of October 11, 1997 would contain the moments that changed their lives forever; the line that now divides their lives into two parts –  before and after.

None could have possibly predicted that each movement they made would be scrutinized for a decade and more. Not one of the looked into the faces of those around them knowing that these friends, family members, acquaintances, and strangers were about to become alibis. That some of them would be threatened, that some of them would be courageous, that some would be afraid, that some would become activists, that some would sink into their sorrow. No. It was an ordinary night.

 The four boys knew each other. They were not close friends, but had all played on the same basketball team for Howard Luke, a predominantly Native high school. They did not spend the evening together, but each saw the others at least for a moment at some point that evening. The  times their paths crossed that evening they would not have known that soon they were to be each others only friends – the only familiar faces in a foreign place, and an all encompassing nightmare.

 The Four Were:

                                                          

                                                           

Marvin Roberts. Marvin was 19, had been valedictorian of his class that spring, a basketball enthusiast, a doting older brother to his toddler brother, and best friends with his sister. A gentle person. He was not a drinker, and unlike most of his classmates and friends, had a car.

Eugene Vent. Eugene was 17 that fall and a basketball enthusiast. He was funny guy, always smiling, and kind. He was young, and like many young men he drank too much and too often. He had, just days prior, revived a ticket for drinking underage. Like so many other teenage boys Eugene was finding his way from boyhood to manhood, a road not without challenges, but on the whole was a good guy.

                                           

                                                                                          

 

George Frese. George was 20 at the time, and the oldest of the four. He was a doting father to his three year old daughter Tiliisia, and most who knew him at this time will talk first of his dedication to his daughter. George and his partner faced challenges common for teenage parents, but met most of them with grace. George did not drink often, but when he did he drank to great excess

 

 

Kevin Pease. Kevin was 19, smart, an athlete, and a kid who was doing his best to transcend hardships at home. His father had been murdered just a short time before this pivotal night. One friend, asked to describe Kevin, said “Fun. Brave. But if I had one word I would say fun. It was hard not to smile when Kevin smiled.” Kevin had had a series of small run-ins with the police. He was the baby of his family.

How they spent that fateful night:

Marvin spent the bulk of the night at a wedding reception, where many tens of people saw him throughout the evening. He was the only one of the four that did not get drunk that night. Earlier in the evening he cruised around aimlessly with a few friends, looking for girls. He gave a few people rides. No less that 10 people insist that they saw him dancing and mingling between the hours of 1 am and 2am.

That night, Kevin and Eugene went to a house party in the hills above Fairbanks. Their friend had the house to himself with his parents out if town, and the predictable party and mayhem followed. A house party full of people of course saw them at the party, drinking and mingling. Both Kevin and Eugene drank heavily; Eugene drank to the point that he blacked out much of the night. A sober driver eventually drove a car packed with teenagers like sardines back toward town. He remembers looking at the clock frequently he says, because he was nervous about getting pulled over with a car full of drunk teenagers out past legal curfew. He says that the arrived in town at about 2am. This is notable because it is a full half hour after John Hartman was attacked.

Once in town, they stopped by the wedding reception, and ultimately went their separate ways, with Eugene heading to a part in a room at the Alaska Motor Inn and Kevin heading home.

George spent the first part of the night at home drinking with some friends and his girlfriend Crystal. Three sober babysitters watched George and Crystal’s daughter while they visited with their company. Another sober friend, the late Patrick Henry, older brother of Edgar Henry, said he was with George and his little brother all night. He says that they left George’s apartment as a group at about 1:30am, and walked as a group first to a friend’ s house, and then to the large wedding reception downtown. He said his brother and George were so drunk he had to “babysit” them, and consequently remembers their actions that night well. He says they arrived a the reception at 2am, and were together until after 3am.

How did they become suspects?

Eugene was arrested first, walking home from the part at Alaska Motor Inn. He ran when the police car pulled up on him, which they considered the first indication of his guilt. In reality, he ran because he was a young drunk kid, and the police were behind him. Clearly, his whole life would be different if he had run faster.

Kevin was brought in next.  When he got home to is mother’s house, they had a huge fight, and he smashed up the house – punched Sheetrock, broke a few things. His mother called the police, a decision that she went to her death-bed regretting. He was a teenage troublemaker, already known to the police. When they realized he knew Eugene, a theory began to develop.

George was the third one taken. He woke up the next day still drunk and with a hurt foot. He was limping around in it complaining, and went to the E.R. to have it looked at. An ER nurse who had treated both the white boy dying upstairs and the Native boy with a hurt foot downstairs decided that the two patients were linked and alerted police. At some point the police did enough research to determine that George had played on the same high school basketball team as Eugene and Kevin. They came to the hospital for him.

Marvin was last. They showed up at his home, where he was sitting with an uncle, and took him in for questioning. During his interrogation he said he was innocent dozens of times, apologizing when an officer accused him of being disrespectful for saying it, and calling both officers “sir” through the entire interview, but never wavered for a moment in his insistence that they had the wrong person. Marvin was in that same yearbook photo, and probably the only one who had managed to get a car since graduation, and for the scenario that the police were building there had to be a driver.

A child was murdered at 1:30am, at which time four Indian boys were dancing at a wedding, walking to a friend’s house, and driving in a car packed like a sardine can. Yet, by the next morning the police are taking a victory lap for the local press, theorizing that these Indians probably killed the kid because he was white, or else that it is simply in their savage nature.

If you have read this far, you are likely left with nothing but questions, most of which boil down to why and how. If what we wrote above is true, and it is, why did they arrest these four men? Why were these alibis discounted? How were they convicted?

The answers can be long, or they can be short. The short answers are that they were arrested by chance, and guilty of being Native before the first question came. That they were drunk, terrified, with no idea what their actual legal rights were since they were not raised in the Law and Order culture, but the culture of Interior Alaska, where in the late 90’s most Native kids understood that once the cops picked you up whatever came next was up to the cops, and that resistance made things worse.

Their alibis were dismissed as not reliable, because their alibis were Indians. The D.A.’s closing argument was that, much like in the “I am Spartacus” scene, that Natives will lie for Natives, take care of their own kind, and can’t be trusted. Similar to the decrees long issued in this country that the savage is different.

They were convicted in puppet show trials by juries not made of their peers, with no physical evidence, and plenty of corruption. And the trials didn’t matter. Despite the fact that no one here had ever seen any prisoner from Fairbanks Correctional costumed that way before, they marched them out chained together and dressed in orange for their arraignment. The public defender of course voiced his shock and called it grandstanding, but it was too late. The picture was snapped of the four chained together in orange, and it would run beside the smiling school picture of a victim that could be anyone’s child in every early article and news story run in Alaska and was the stock image for years to come. And the story, see, made sense. It didn’t have to make factual sense to make sense in the hearts of many. The official statement may as well have been, “Four Indians savagely killed a child, because he was white. No one’s children were safe, but now they are. We are protecting you from a fear you felt but could never substantiate. There will be no further questions.” They didn’t come up with any motivation beyond hoping that the public would assume these four were just senselessly violent people.

The LONG answers? Will be here, in this blog, and are partially addressed in the links below. You do not have to take our word for it, because we wouldn’t expect you to, and because we don’t need you to. All we ask is that you remain, hear this story, and take from it what you will.

If you want to do further reading, please take  a moment to look at the work of journalist Brian O’Donoghue and the UAF Journalism Department Students via their website, or the “Decade of Doubt” series that ran in the local paper.