An ex- Homer judge was charged on perjury in the felony level.
While a lot of the details are unsolved, the case of Margaret Murphy could signal that an activist group has succeeded in influencing the way in which Alaska’s grand jury system functions and has put the power of how claims are investigated as well as the authority of criminal prosecution into new hands.
In the indictment it self, which was which was filed on the 28th of April has almost no details it states only that Murphy committed a fraud in the early morning of November. 3rd, 2022 in Kenai. The document does not offer any specifics regarding what the former judge was accused of lying on oath regarding.
The list of witnesses questioned during the investigation by the grand juries suggests that the allegations are connected to a long-running dispute between the Kenai person, David Haeg, and the Alaskan judiciary system in general. For the past two years, Haeg has publicly accused judges as well as Murphy of corruption.
When contacted on the previous day, Haeg said he was working on heavy equipment to crush rocks He said he believes “beyond any doubt” that the charge brought against Murphy is in connection with his case.
“There is no grand jury to investigate those incidents apart from this,” he said.
Murphy was an Aniak magistrate judge as well as McGrath district courts, before she was appointed as a judge in the district court in Homer until the year 2019 which was the year she retired. The judge was unavailable on Thursday.
A lot of aspects of the case are not typical The indictment is signed by no prosecutor from the state, but Clint Campion, an Anchorage attorney. Campion was a long-time prosecutor who also served as Anchorage district attorney between 2015 until 2017 before entering private practice. It’s not common however not uncommon to have to have the Alaska Department of Law to engage private attorneys as independent prosecutor in instances that involve particular conflicts. For instance when it came to the criminal case brought against Alaska’s former acting attorney general Ed Sniffen, the department employed Gregg Olson as an independent prosecutor. The case was dismissed in spring.
The Department of Law retained Campion “to act as an outside counsel and manage the proceedings pertaining to a confidential issue,” spokesperson for the department Patty Sullivan said in an email. “The choice to employ outside counsel was taken to prevent any conflicts of interest that could result from the Department Law’s handling.” It hasn’t yet made available the contract of Campion, or a document outlining the specifics of the work he’s being hired for.
Haeg was first found guilty of illegal hunting back in. One of his sentences included the loss of his plane that he used to run a business for guiding.
The case began a lengthy legal journey that involved appeals as well as a petition to post-conviction relief, in addition to an incident where Haeg was detained by troopers during the status hearing. In 2021 Haeg was convicted by the Alaska Court of Appeals was in favor of Haeg in his case, confirming the conviction. “Haeg is also a frequent proponent that judicial corruption is widespread,” the opinion says. “But almost all of these claims are based on court rulings that Haeg does not agree.”
Haeg has been accused for years of wide-ranging corruption within Alaska’s judicial system. He’s detailed his concerns on a website called Alaska State of Corruption. In recent times Haeg has been focusing on attempting to get Alaska the grand jury to conduct direct investigations of judges and district attorneys.
Grand juries consist of people who usually listen to prosecutors discuss potential evidence to support criminal charges and then decide whether the case is warranted or not. They meet on a regular basis for several months taking on dozens of cases that could be considered. The defense isn’t able to take part or provide evidence. Grand juries have a lot of power: They are able to subpoena witnesses, requiring witnesses. An indictment by a grand jury is a criminal prosecution.
In rare cases grand juries have been established in Alaska to examine specific matters of concern to the public. In the 1980s in the 1980s, one investigating grand jury suggested the former governor. Bill Sheffield be impeached.
However, those who want to get a grand juror to look into the matter or make an allegation of concern usually go through the state prosecutor. Haeg and his backers say this is a problem and citizens are entitled to speak directly, without mediation by courts or the the state Department of Law, put questions on a grand jury’s agenda.
The previous year this year, the Alaska Court System received three requests from citizens seeking grand juries to examine concerns, according to the spokesperson Rebecca Koford. On December. 1st on Dec. 1, the Alaska Supreme Court issued new rules, stating that “grand juries have been constitutionally empowered to look into matters affecting public safety or welfare and issue reports on the findings of the investigation” and also confirming the prosecutor’s role in presenting the allegations to the grand jury.
Grand juries are constitutionally granted power to conduct investigations, but “that doesn’t mean any individual citizen has the right to directly present evidence before the grand jury,” the court system’s chief prosecutor, Nancy Meade, stated at the Kenai Peninsula Borough committee meeting in March.
The rules also provided an approach to the handling ofcomplaints that concern those from the Department of Law, allowing an outside prosecutor – -like Campion -and appointed as required.
Haeg Meanwhile, Haeg mobilized those who support him to organize rallies in front of Kenai Courthouse. Kenai Courthouse, waving banners with slogans such as “Let the grand jury investigate” as well as “Grand Juries have the power.”
Disappointed by the Supreme Court’s regulations, they explored new ways to speak directly to jurors.
“We have said yes, we’ll begin protests right outside the courthouse. We’re going to start asking people who are going to the courthouse, do you have the status of a grand juror?” Haeg said. “They respond yes, so we’ll say”Hey, I’d like you to conduct an investigation.'”
Two people associated with an organization called the Alaska Court System said protesters were even in the courthouse to for entry into the jury room. Some grand jurors reported seeing posters on their vehicles from the Haeg’s supporters.
Haeg claims he believes that his methods worked even though grand jury proceedings are kept secret.
“Five or six jurors in an order on the shelf were investigating the issues we wanted them to look into,” he said.
Haeg claims that she believes that state Rep. Ben Carpenter, who is a Republican from Nikiski and with the support of Gov. Mike Dunleavy “agreed to convene an extra grand jury” which would look into Haeg’s claims on its own.
Carpenter composed an opinion piece to the site of conservatives Must Read Alaska in 2022 in support of Haeg’s cause.
“Judges and lawyers should not be in charge of grand jury investigations due to apparent reasons” Carpenter said in his letter. Carpenter didn’t respond to an inquiry for comments on Friday.
Gov. Dunleavy “had absolutely no involvement with his role in the Grand Jury investigating Mr. Haeg’s claims.” his spokesperson Jeff Turner wrote in an email.
What transpired in the summer of 2013 and fall in the grand jury’s session in Kenai isn’t available to the public The sessions are kept secret. Haeg claims he isn’t aware of the details of what was the topic of discussion.
Haeg states that he’s not happy over his displeasure with the Supreme Court rule, which He believes it limits the ability people have to juries.
However, he views the charges against Murphy as “vindication.”
“Maybe that was my 19 years of lifetime,” he said. “For justice.”
The way the case will unfold and whether or not it will spur other citizen-led grand jury investigations is yet to be determined.
Murphy is scheduled to make his first court appearance on Tuesday.
This article first appeared within the Anchorage Daily News and is reproduced here with permission.
