The Southeast Alaska village of Metlakatla is seen in an undated photo. (Alaska Department of Transportation and Public Facilities photo)
A Superior Court judge in Ketchikan has rejected a request to reconsider an order that dismisses three-year-old murder charges against a Metlakatla man, saying state prosecutors failed to show that they can conduct an honest trial against him.
State prosecutors, following an investigation by the Metlakatla Police Department, accused Isaac Henderson of shooting and killing his brother in December 2021.
That investigation was severely flawed, Judge Daniel Doty concluded in an order published late last month, and he ordered that the case be dismissed with prejudice, meaning that charges cannot be brought against Henderson again.
On the day the order was scheduled to take effect, attorneys for the Alaska Department of Law asked Henderson to reconsider his decision. He paused his dismissal over the weekend, then rejected the state’s request and allowed the dismissal to take effect on Monday.
“The court dismissed the case for a systemic pattern of misconduct,” Doty wrote in Monday’s order. “The police misrepresented, obscured, or destroyed evidence and other information that was critical to determine whether the state had complied with its discovery obligations.”
Discovery is the legal process in which evidence is shared between prosecutors and defense attorneys in order to ensure a fair trial.
In a series of hearings earlier this year, Doty learned that police in Metlakatla had failed to share evidence with both prosecutors and defense attorneys, including evidence that could have contributed to Henderson’s defense.
“Even at this stage, the state has not answered the court’s question from the May 16 hearing: With a record like this,” Doty wrote, “how can anyone be confident that the state has complied with its discovery obligations?”
Doty noted that state prosecutors did not request that he pause his order while an appeal goes forward, so there is nothing to keep the dismissal from moving forward.
Henderson is to be freed from bail, Doty ordered, and return any electronic monitoring devices he may have.
Metlakatla’s police chief resigned from the department shortly before Doty’s order, and state prosecutors have temporarily suspended their work with the Metlakatla Police Department, saying they will not take cases referred by the department.
“While we are disappointed by the court’s decision, we recognize the concerns discussed in the order,” said Attorney General Treg Taylor, in a written statement. “We remain committed to working collaboratively with the Metlakatla Police Department and the community of Metlakatla to help address the issues identified in this case.”
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