The state Court of Appeals has upheld earlier rulings in the conviction of a Juneau man on charges of second-degree sexual assault and third-degree assault.
Alper R. Johnson was found guilty in 2008 for the rape of a Juneau woman at a party in the Mendenhall Valley. His trial lasted several days and included graphic testimony, witnesses and DNA evidence.
Johnson had appealed for post-conviction relief, alleging his attorney was ineffective because she did not object to two statements made by the prosecutor, and that he was entitled to a new trial because of newly discovered evidence.
According to the memorandum opinion by Appellate Court Judge John Suddock, during the trial the victim testified that she had been drinking and then met Johnson at the home of a friend. She testified that she went to sleep and woke up to find Johnson raping her with his hand around her neck. She said she scratched him on the face and neck, injuries that were found on Johnson when he was contacted by police.
Johnson initially denied being at the house with the victim at the time of arrest, then claimed the intercourse was consensual. Defense witnesses testified that the victim and Johnson were “hanging on each other” and that they went into a bedroom together.
Johnson appealed his guilty verdict based on comments from the prosecutor that he was “buddies” with a defense witness, and that the defendant “scowled” at the victim while she was on the stand. That appeal was denied because it was found that Johnson’s defense attorney had no grounds to object to the statements, and therefore could not be found to be incompetent.
Johnson also sought to claim there was new evidence because the victim allegedly falsely accused men of committing violent crimes against her, three years after Johnson’s trial. The Superior Court dismissed that claim because there was no discussion of how the new evidence directly related to his case.
Suddock noted that the evidence at Johnson’s trial included testimony from the victim, as well as DNA evidence, scratches on his face and neck, and his initial alibi defense, which he abandoned at trial in favor of a consent-based defense.
Other court proceedings
Here is a list of recent sentencings and other court proceedings from the Juneau District and Superior Courts.
• Aaron Joseph Cavanaugh, 42, was found guilty of larceny and was sentenced to 30 days in prison, suspended, and was fined $250.
• Asya M. Claflin, 23, pleaded guilty to DUI and was sentenced to 30 days in prison, 27 suspended, and was fined $3,000 with $1,500 suspended; her license was revoked for 90 days and she was placed on probation until Aug. 11, 2018.
• Patrick Luck Dunbar, 38, pleaded guilty to violating a commercial salmon fishing regulation and was fined $1,500.
• Veronica M. Gill, 47, pleaded guilty to third-degree misconduct involving a controlled substance and was sentenced to 30 days in prison, suspended, with 12 months probation.
• Fredrick T. Grant Jr., 35, pleaded guilty to violating a domestic violence protective order and was sentenced to 30 days in prison, suspended, and fined $500.
• Charles R. Grosvold, 43, pleaded guilty to fraudulent use of an access device and was sentenced to 30 days in prison.
• Joshua Raymond Jones, 24, pleaded guilty to second-degree theft and was sentenced to 30 days in prison; he must also pay restitution. In another case, he pleaded guilty to criminal trespass and was sentenced to one day.
• Christopher G. Kookesh, 30, pleaded guilty to DUI and was sentenced to 160 days in prison, 100 suspended; his license was revoked for 36 months and he was placed on 36 months probation.
• Paul W.O. Lee, 25, pleaded guilty to DUI and was sentenced to 30 days in prison, three to serve on electronic monitoring, and was fined $3,000 with $1,500 suspended; his license was revoked for 90 days and he was placed on probation for 12 months.
• Steven M. Lythgoe, 43, pleaded guilty to criminal trespass and was fined $100.
• Patrick McKinley, 56, pleaded guilty to harassment and was sentenced to 10 days in prison.
• Micah W. Nelson, 36, pleaded guilty to reckless driving/failure to stop at the direction of an officer and reckless endangerment, and was sentenced to three years in prison, one year of which will run consecutive to an Anchorage case.
• River Eugene Parrish, 21, pleaded guilty to larceny and was fined $50.
• Natalia Lynn Sanders, 35, pleaded guilty to unlawful contact and was sentenced to 30 days in prison, suspended, and was placed on 12 months probation.
• Oscar Snell, 45, pleaded guilty to larceny and was fined $100.
• Kelsey R. Stark, 23, pleaded guilty to reckless driving and was sentenced to 30 days in prison, suspended, and was placed on 12 months probation.
• Faupana Sua, 26, pleaded guilty to DWI and was sentenced to 30 days in prison, 24 suspended, and was fined $3,000 with $1,500 suspended; her license was revoked for 90 days and she was placed on probation until Aug. 11, 2018.
• Heather Christine Warden, 45, pleaded guilty to misdemeanor assault and harassment and was sentenced to 20 days in prison
• Contact reporter Liz Kellar at 523-2246 or liz.kellar@juneauempire.com.
