Letter to Judge Sedwick on the eve of Bill Allen and Rick Smith’s sentencing

Having followed the intricate turns of the corruption trials that have been circling the toilet bowl of the lowest era of Alaska politics in the history of statehood, one question rises to the top as victims, witnesses, and participants watch the Kabuki Theatre that is the sentencing hearing this week in the cases of Bill Allen and Rick Smith. Who is allowed to speak at the sentencing hearing? Who are the victims and who speaks for them?

Forgive me if I don't trust or agree with the sentencing recommendation of the government in this case. Their drive to convict at all costs and their Keystone handling of several high profile cases can at best be described as botched, and at worst, complicit.

So I set to find out who speaks at the sentencing on Wednesday. First, I called the judge's clerk. The clerk said "No, No, No. We can't talk to you. Call the prosecutor."

Isn't that the same guy who recommends that Bill Allen only spend a 46-month prison sentence?

I called the office of the US attorney for Alaska and found myself immediately shuttled to the voicemail box of the "attorney on duty." I was sure I wouldn't hear back until Thursday. Well, I was wrong. This morning my phone rang with a call from the (202). I was pleasantly surprised to be speaking with one of the prosecutors who present the case on Wednesday.

I didn't catch his name. He said the department was so busy they had to farm out the job. Anyway, he expressed empathy for my concerns but could provide no satisfying answer. While his job is to represent the People, he also has to weigh the "good" Bill Allen has done. He was clear though, that procedurally, the only people allowed to speak at the hearing are those that have been "directly impacted by the crime." It is an issue of "Standing."

Practically that means only the prosecutor gets to talk. And we already know what the prosecutor has asked for as a sentence: a sentence lighter than the one levied on the first person entrapped in Bill Allen's tentacles. How is it that a small finger of the criminal enterprise gets a harsher sentence than the swollen head?

It brings me back to that question: Who speaks for the victim?

The answer so far: NOBODY.

At the end of the congenial call, the prosecutor told me to "Go ahead get a letter to the judge." So I drafted the letter below and delivered it to the federal courthouse in Anchorage. Once again, I was faced with the bullet proof glass wall of procedure and informed by the gatekeeper that "only the prosecutor or the defense" can communicate with the judge on the case. She offered a weak solution that she would take it to the assistant in the back to see what she can do. Once again, I expect fully the letter hit the round file.

At this point, I am feeling dejected. Thankfully the AFN Convention is in session, so after my let down at the courthouse, I figured a little Alaska Native arts and crafts and a bit of public celebration of what makes Alaska great might make me feel better. So I entered the true diversity festival of languages and smiles at the Dena'ina.

Who did I see at AFN? Jay Ramras and Hollis French are both at Dena'ina. They both also chair Judiciary Committees for the 26th Alaska Legislature? Interesting! My close friend asked a great question. Would members of the Legislature qualify as directly impact by the admitted crimes against the Legislature?

Would they have Standing? If anybody had a direct claim they were damaged by Bill Allen's corrupt conspiracy, wouldn't the Legislature be the body most impacted? The reputation of our public servants has greatly suffered. All I can hear in my mind is former state Rep. Ethan Berkowitz calling out the members on the floor when Bill Allen was successfully demanding changes in the tax code from his cell phone in the House Gallery (add expletive).

And if members of the Legislature were directly impacted, who among them would be best to speak as the victim and for the people but those who represent us. So who speaks for the victim? Perhaps Hollis French and Jay Ramras!

Letter

Dear Honorable Judge Sedwick: