Prosecuting crimes against Alaska Native people is at core of Department of Law work

Kuspuks of varying colors displayed at a tribal consultation meeting in Anchorage on Sept. 21, 2022, represent Indigenous victims of violence. From left, the colors are red for missing and murdered indigenous women, orange for victims of boarind schools, the baby kuspuk for children who will never be born, purple for victims of domestic violence, turquoise for victims of sexual assault, multicolor for LGBTQ victims and black for men who are victims. The kuspuks were arrayed at the Justice Department's annual tribal consultation conference required under the Violence Against Woman Act. Since 1993, Alaska's overall rate of violent crime has been higher than the national average, and the rate of reported rape has been three to four times the national average since 2013, statistics show. (Photo by Yereth Rosen/Alaska Beacon)

In recognition of Missing and Murdered Indigenous Persons Awareness Day, May 5, I want to address our efforts at the Alaska Department of Law to prosecute and bring to justice defendants who inflict crimes on Alaska Native people.

All crimes are reprehensible, but the rates at which Alaska Native people are murdered, raped, and suffer from violent crime are all higher than national averages. Our job at the Criminal Division is to prosecute perpetrators of all crimes, but this outlier statistic has demanded our attention and received it. We are responding.

In the last three years, at least 38% of violent crimes prosecuted by the state involved victims or survivors who are Alaska Native people, despite the fact that Alaska Native people make up roughly 16% of our state’s total population. This 38%, however, is less than the true number of cases that proceed to prosecution because of how the data is captured. The victim or survivor’s race is not always identified. It’s something we’ll work on with partners, to improve the collection of data.

Press releases over the last three years highlight more than 20 sentencings, which are just a fraction of the ongoing prosecution work that can take years to bring to closure in the courts. These include the cracked cold case after 29 years in the murder of University of Alaska Fairbanks’ student Sophie Sergie. In 2022, Maine resident and former UAF student Steven Downs was sentenced to 75 years for raping and murdering Sophie in the dorm.

The prosecution work also includes the case involving Jim Adams of Noatak who was sentenced to 80 years for second-degree murder in the beating death of his wife Rhoda Adams. And the work includes the February trial and conviction of Brian Smith, originally from South Africa, who was found guilty of 14 counts, including two counts of murder in the first degree for the deaths of Kathleen Jo Henry and Veronica Abouchuk. Smith faces a minimum sentence of 99 years in July.

Recent protests in Anchorage have asked for the prosecution of a person of interest in that case for providing a press article to Smith. While the person’s actions were unethical and reprehensible, there is no evidence that Smith was aided in any way by this text message exchange. Under Alaska law, there is no general duty for citizens to report a crime or to aid law enforcement or the criminal justice system. To be found guilty of hindering prosecution under any provision of Alaska Statutes 11.56.770 , the person must render assistance to the guilty party. At this point, we do not have proof beyond a reasonable doubt that any assistance was rendered to Brian Smith.

Our mission at the Criminal Division is taken to heart by our dedicated employees: to seek justice, promote public safety and public respect for government through prompt, effective, and compassionate prosecution of cases. The Criminal Division will prosecute cases in a manner that advocates for the interests of the public – especially victims – respects the law enforcement agencies, responsibly stewards public resources, and holds offenders accountable while at the same time protecting the constitutional and legal rights of the accused .

Are there some cases where prosecution doesn’t go as far as some want it to go? Yes. Are there ever racial undertones or malice involved in those legal decisions? Absolutely not.  Although we have a heightened awareness of Alaska Native victims and survivors, prosecuting a defendant is not about who is the victim. It’s about the facts of the case.  It’s about enough of those facts tipping the scale for a jury on whether the defendant is guilty.  We seek justice for all Alaskans and we note Alaska Natives have a higher rate of victimization. We will continue to dedicate more resources and attention to these types of crimes.

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