Tag Archives: snitch testimony

Jason Wallace Granted Immunity in Hartman Murder

Posted on by
6

devildealThe State of Alaska has offered Jason Wallace immunity in the murder of John Hartman in exchange for his testimony as a witness for the state. According to Adrienne Bachman, the Attorney General’s office simply sent a letter to all parties to the case stating that Wallace had been granted immunity and would be testifying, although the conduct of those involved hints to a more complex series of events.

“The attorney general forwarded a letter to the parties, the lawyers, that Mr. Wallace will be granted immunity for his important testimony in this case,” Bachman said.

Wallace has been implicated by many, including his former attorney, high school classmate, and William Holmes, who confessed to his own role in the 1997 beating death of Hartman and fingered Wallace as the primary aggressor. William Holmes passed a lie detector test and provided chilling but credible testimony under oath to the details of the killing. Public Defender Investigator Tom Boles testified that he would “never forget” the tearful confession Wallace made to him about having killed Hartman. High school friend Scott Davison described how Wallace confessed to him as well just days after the murder, and reiterated that although he was relieved that he came forward, believed his testimony against Wallace would ultimately cost him his life. Considering that those who have testified against Wallace believe the retribution may be death, it is likely that there are many more witnesses opting not to come forward.
jason wallacWallace currently sits in maximum security prison for stabbing a friend with a screwdriver, charges related to his part in the conspiracy that left two men dead, the interrupted plan to kill an entire family, and the murder of Teacka Bacote. Wallace beat and bludgeoned her to death with a hammer, then returned to her apartment to set her body on fire in a fully occupied apartment complex. Murder victim Mahogany Davis‘ family believes he may have killed her or participated in her murder. Wallace’s pattern of past behaviors and crimes indicate that he suffers from psychopathy and is a true danger to society. He is already serving an extremely lenient sentence because he has been an informant and testified for the state in the past. It is morally reprehensible that the State of Alaska would offer him immunity. Multiple individuals have testified that he killed Hartman in a frenzy and went on to laugh and brag about it. If any of the individuals involved in Hartman’s death were to receive immunity, Wallace seems like the last pick. He should never be out of prison. John Hartman deserves justice, and denying that in pursuit of anything in this case is not okay.

In a perfect world, Wallace would confirm his role in the Hartman killing, implicate Rashan Brown, Marquez Pennington and Shelmar Johnson as William Holmes did, the State of Alaska through the attorney general would dismiss charges and release the Fairbanks Four and charge every single one of the men who actually killed Hartman with the murder. That would be the RIGHT THING TO DO. It would also represent an illogical and sudden reversal of the State of Alaska’s position, and we think the intentions with Wallace are far more likely to be sinister.

nepotismThe attorney general for Alaska, Craig W. Richards, is our Governor’s former law partner. He did not come to the position through experience or promotion, and certainly owes his appointment to his close relationship with Governor Walker. Walker perpetually hints that he knows the Fairbanks Four were wrongfully convicted but doesn’t know what to do about it. Given Walker’s close relationship to the sitting attorney general they have likely discussed the case and options. Walker recently commented to Anchorage station KTUU, “I really am anxious to see what comes out in the testimony under oath, it’s really what they’ve been fighting for, their day in court. So for me to reach in the middle of a process and sort of influence that process inappropriately, I’m gonna wait until the end of next week and see.”

Walker has been hinting in commentary and rumors abound that he is waiting for the Wallace testimony. Based on that we can hope that Wallace gets on the stand, repeats the confession he has been repeating to others since he killed Hartman in 1997, the Governor and/or Attorney General take action, and the case is over. That would represent an absolute turnaround of the state’s position. However, we tend to see a lot of business-as-usual from the state, and no meaningful indication that we will see anything else.

Captain_ObviousIf the state tactics continue as they have since 1997 it is easy to guess how Wallace will be used. The State may not have honesty, ethics, or the law on their side, but they really shine in predictability.

Our prediction?

  • That Jason Wallace is going to provide “snitch testimony” – information given in court to bolster the case of the prosecution which is received in exchange for some kind of reward for the witness, often sentencing leniency or immunity.
  • That the State of Alaska has been in below-board negotiations with Jason Wallace directly and through his attorney and has negotiated exactly what Wallace will say for that incentive.
  • That when Adrienne Bachman sat through the deposition of Wallace and was gag-worthy sweet to the killer as he answered “I plead the 5th” over and over, effectively providing no information beyond an unwillingness to incriminate himself, she already knew what Wallace was willing to testify to in court.
  • That Wallace will not be made available for deposition to the petitioner’s attorneys.
  • That Gazewood, as the Wallace attorneys before him, has shopped Wallace’s testimony around for a while hoping to broker a deal.
  • That the State of Alaska would rather make a deal with a psychopath and set him free knowing that more people will be killed than admit they made a mistake in this case.
  • That Wallace will have very rehearsed and groomed testimony that deflects as best as possible the testimony of the witnesses who have already spoken. He will have a story that attempts to dodge every piece of information which incriminates him – a reason Holmes would lie about him, a rehearsed denial of confessing to the high school friend, a denial of confessing to the public defender, his investigator, the other witnesses, and all others.
  • That what Wallace gets out of this is immunity in this crime (already given), that he has been assured that his cooperation with authorities will help him come parole time, and that ultimately his psychopathy which put him in jail, enables him to lie convincingly and with small incentive, and will propel the violent crimes he commits when free again, will again assist him in securing minimum punishment for his crimes. That a system where bribing child killers with the offer of time, and the opportunity to kill again, is business-as-usual needs to be brought to its knees and overhauled.
  • That the state is desperate and delusional enough to think this will work.

We are sitting here hoping and hoping that our prediction is dead wrong. Perhaps the State of Alaska as had an incredible change of heart for the first time in eighteen years and are offering immunity to seek the truth not an advantage at any price. Time will tell. Whatever story Wallace tells on the stand, he would have to be very creative to outrun the evidence of his involvement. Below is a timeline of the evidence against Wallace.

  • October 11, 1997, Wallace attends a party at a high school acquaintances apartment with Bill Holmes, Marquez Pennington, Shelmar Johnson, and Rashan Brown. Epperson testimony, Holmes testimony, Duty testimony, Nutt testimony.
  • The five youth leave the party to “beat up drunk Natives,” commit a few attempted assault, but ultimately find and beat Hartman instead. Wallace goes into a frenzy during the assault and stomps the young boy to death. Holmes testimony
  • 1:30 am October 11, 1997, Hartman is beaten into brain death at the intersection of 9th and Barnette.
  • October 13, 1997, Wallace shows Holmes a newspaper story about Hartman’s death, and they see that their victim has died and that “four Natives” have been arrested. Holmes testimony.
  • October 13, 1997, Wallace and Holmes approach the others involved in the Hartman killing at school (Marquez Pennington, Shelmar Johnson, and Rashan Brown) and threaten to kill them if they ever discuss the Hartman murder. Holmes testimony.
  • October 13, 1997, Wallace confesses to killing Hartman to high school friends Matt Ellsworth and Scott Davison. Davison testimony.
  • December 2002, Wallace is arrested for murdering Teacka Bacote, attempted murder of Corey Spears, his involvement in the murder of two more men, the conspiracy to murder a family, and setting an occupied apartment building ablaze. State of Alaska v. Jason Wallace
  • Spring 2004. Wallace snitches on his co-conspirators and provides snitch testimony against them. He turns informant on many other past criminal associates. In an attempt to trade the information for leniency, he confesses to killing John Hartman to his public defender. The public defender sends his investigator, Tom Bole, to interview Wallace. He confesses again. Bole testimony.
  • September 2013. Innocence Project files a post conviction relief on behalf of the Fairbanks Four. It contains a sealed element for consideration of the court that contains “statements made by Wallace” about killing Hartman. With the assistance of attorney Jason Gazewood, Wallace fights the release of the statements for two years. Attorney Gazewood accidentally  leaks the statements to the press. Roberts, Pease, Vent, Frese v. State of Alaska
  • September 2015. Wallace is deposed and refuses to answer any questions, invoking his fifth amendment right against self-incrimination. Wallace deposition.
  • October 15, 2015. Midway through proceedings for exoneration in the Fairbanks Four case and on the eve of the State’s opportunity to present, Adrienne Bachman announced for the state that Wallace had received immunity and would be a state witness.

Although Wallace could muddy the water, it is hard to imagine coming up with an excuse for all of that. Prayers and good thoughts as always for all involved. May a desire to tell the truth for redemption and the sake of the truth strike Jason Wallace and the leadership of Alaska’s justice system. Until that day comes, may the truth ever find a way to shine through the clouds cast by lies.

Witnesses and Alibis IX – The Mugging of Frank Dayton

Posted on by
5

Frank Dayton’s mugging was only one of the similar attacks that occurred the night John Hartman was killed. However, the beating and mugging of Frank Dayton is of incredible importance because of the part it played in the police theory of the murder and the part it played in trials.

In addition to being charged and convicted of the murder of John Hartman, the Fairbanks Four were also convicted of mugging Frank Dayton, primarily off the eyewitness testimony one man provided in exchange for leniency in the serious criminal charges he was facing. It was the only testimony that put the four together that night, or indicated that they were engaged in violent behavior of any kind. That testimony was made by Arlo Olson, and has since been recanted. We hope to post Arlo’s story, and are hoping that he will be able to tell it himself for us and keep with our focus on letting people speak for themselves. Either way, we will discuss Arlo Olsen’s role in this case at length very soon. For now, we will focus on Frank Dayton’s version of events. It is impossible to overstate how important Frank Dayton’s mugging became in the murder trial. In this post we will describe the mugging that Frank Dayton reported to the police and testified to in trial.

Frank was at the the wedding reception at the Eagle’s Hall along with hundreds of other guests. Sometime around 1am, Frank decided to walk a few block over to meet a friend. Much like Hartman, he was walking alone in the cold late night. He was soon assaulted in a disturbingly similar way.

Frank was in the 300 block of 1st Avenue when he heard a car rolling up behind him. He assumed that the car was slowed to a crawl so that it could pull into the parking lot he had just passed. When he turned around he saw the car. He described it as a four door light colored car (white, or a very light tan or gray). The assailants ran up to him and he was immediately tripped and knocked to the ground. His elbow, knees, and face smashed into the cold pavement. He made a movement to stand, but one of the attackers slammed their foot down on his right hand. Another stood over him. They kicked him in the side and back. As he lay with his face pressed into the pavement he saw the show standing on his hand – a white high top.

The attackers assaulted him primarily by kicking him while he was on the ground. They reached into his pocket and took the $20 he had. They then ran to their car and sped off, disappearing as quickly as they had appeared.

Frank was not able to describe his attackers, it had all happened fast and in the dark, and he was held face-down to the ground during the beating. He was able to see and remember the car well, which he described as a “good-sized” light four-door sedan. Frank even drew a picture of the car for the police, which is pictured above.

In the police theory, they surmised that the Fairbanks Four – Kevin, Eugene, Marvin, and George – had gone on a violent beating spree that night attacking people at random. Indeed, there is a distressing theme in the violence that occurred that night. Three others reported nearly identical attacks which you can read about HERE. In those attacks the eyewitnesses or victims also described a light four-door sedan as the car, but the others were able to provide a better description of their attackers, and across the board they ALL described four young African American men in that light car, getting victims to the ground, kicking them, and speeding away.

Frank Dayton was wearing a leather jacket than night. One that likely had the palm and fingerprints of his attackers on it – Frank offered it up to be tested, and the investigators declined to take it. There are a lot of opportunities lost in this case – Frank Dayton’s jacket was one of them, but much like Conan’s pager (read about that HERE), yet another opportunity to collect that evidence was passed up. It is a theme in the case that is disturbing to say the least.

After the beating, Frank Dayton returned to the Eagle’s Hall, where his sister in law Susan Paskavan called 911. The call is logged at 1:34am, roughly the same time that the assault on John Hartman ended.

Prosecution and police relied on a theory that the Fairbanks Four beat and mugged Frank Dayton, then drove the several blocks to 9th and Barnette and fatally beat John Hartman in a similar way. There are many holes in that theory, but here are some of the most important ones:

* Frank Dayton’s attackers drove a light full-sized four-door sedan, Marvin drove a bright blue two-door tiny car.

* None of the four were there. Read their timelines for more details (MARVIN, GEORGE, EUGENE, KEVIN).

* Marvin was at the Eagle’s Hall when Frank Dayton returned and 911 was called. Gary Edwin testified that he KNOWS Marvin was there at the time because as Gary was leaning over the injured Frank Dayton, Marvin approached him and said, “What happened?” Gary responded that he didn’t know and was trying to figure it out himself.

* None of the four were wearing or owned white high-tops. The shoes that the police collected from the men were listed as brown boots, black boots, and black Nike Air tennis shoes. NO white high-tops. Remember that George, Kevin, and Eugene were all arrested in the shoes they had worn. Marvin’s house was searched and all of his shoes were taken.

* Frank Dayton was Eugene Vent’s cousin. It seems unlikely that Eugene, a person with no history of violence, would attack anyone, but especially his own family. It also seems unlikely that Frank Dayton would not recognize his young relative. It also seems unlikely that Frank Dayton would not be able to identify the suspects as Native given his level of familiarity with a Koyukon Athabascan accent.

* Frank Dayton himself believes the Fairbanks Four are innocent, and KNOWS that they are not his attackers. He said this on the stand, and has said it for the last 14 years.

Despite all of this, the Four would eventually be tried for the mugging of Frank Dayton and the murder of John Hartman in one trial. Juror’s would later say that Arlo Olson’s testimony, which convinced them that the Fairbanks Four were guilty of mugging Frank Dayton, was one of the biggest factors in them finding the men guilty.