Juneau police “failed at every turn” in its investigation of the 2022 murder of Juneau resident Faith Rogers, according to Assistant Public Defender Nico Ambrose.
“Mr. Migliaccio is innocent and should never have been charged with killing Ms. Rogers,” Ambrose said Thursday.
Anthony Michael Migliaccio, 37, was released by court order Monday from Goose Creek Correctional Center in Wasilla.
He does not plan to return to Juneau, according to Ambrose. The Juneau Police Department said Migliaccio is not originally from Juneau and may have family in Florida.
Migliaccio was charged with one count of murder in the first degree on Nov. 25, 2022. A week later, he was indicted on two counts of murder in the second degree and one count of manslaughter. He pleaded not guilty.
Rogers’ body was found near Kaxdigoowu Héen Dei, also known as Brotherhood Bridge Trail, where she had been walking her three beloved dogs on Sept. 21, 2022. She was 55 years old at the time of her death.
In Migliaccio’s first interview with JPD, he said he lived in the woods near the trail, according to November 2022 charging documents. Testimonies from people walking on the trail that day described him as agitated. He told JPD his backpack had been stolen earlier in the day, and he was frustrated.
Superior Court Judge Marianna Carpeneti on June 6 granted a motion by the defense to dismiss the indictment. Carpeneti ruled June 30 that Migliaccio could be released from prison, with all charges dropped.
The Department of Law will not refile the charges against Migliaccio, according to a statement from Juneau District Attorney Whitney Bostick. The state no longer believes it can prove the case due to the new information provided during the course of litigation.
“We fully recognize the weight of this decision and the impact it will have on the victim’s family, who continue to mourn the loss of their loved one — a victim of a tragic and senseless act,” Bostick said. “We are deeply mindful of their pain and the emotional toll this process has taken. However, our duty as prosecutors is to move forward with charges only when the evidence supports a conviction beyond a reasonable doubt. While this decision may be painful, it reflects our legal and ethical responsibility under the law. We remain committed to standing with victims and their families and to pursuing justice with integrity in every case.”
Reasons for dismissal
In a motion to dismiss the indictment, the defense argued that JPD lost digital evidence recovered from Rogers’ Apple account, failed to secure DNA testing of hair now confirmed to be hers, and failed to investigate other suspects.
In a June 6 Superior Court ruling granting the dismissal, Carpeneti wrote that the grand jury was misled that Rogers had no problems with people she knew when there was significant evidence she was so afraid “she was living in her car.” At the time of the grand jury presentation, the state was aware of at least five individuals who had reached out or given statements to law enforcement, testifying that Rogers “was afraid for her safety, afraid to return home.”
Carpeneti also found that the original indictment was based on improper evidence, and JPD exhibits submitted to the grand jury were based on hearsay.
Deputy Chief Krag Campbell said Thursday that regardless of the court’s decision, Migliaccio remains the sole suspect in the murder. He said that if new information becomes available, JPD would continue to follow up on those leads.
“The murder of Faith Rogers was a substantial shock to the community, and devastating for her family,” he said. “JPD’s investigation identified a person of interest early on, and after collecting further evidence, Migliaccio was charged for the murder of Faith Rogers. We believe this helped protect the community from any further danger.”
Campbell said during the investigation, JPD conducted many interviews with people to develop leads and to identify any other possible suspects. The evidence in the investigation did not lead to the development of any other suspects.
In a statement to media on Thursday, Ambrose said there was immense public pressure for JPD to make an arrest following Rogers’ death.
“I think the community rightfully expects the police to thoroughly and completely investigate a case before filing charges to avoid arresting the wrong person,” he said. “I think most investigators I’ve encountered would agree that the police should be neutral fact-finders who follow the facts wherever they lead. Yet, in this case, I think the record bears out that the pressure to close the case led the police to cut corners and rush their investigation with the result that they charged the wrong person.”
• Contact Jasz Garrett at jasz.garrett@juneauempire.com or (907) 723-9356.
Faith Rogers’ younger sister Michelle Rogers holds a photo collage of Faith that hung on the wall in their family home in September 2022. (Clarise Larson / Juneau Empire file photo)
