Those new to the criminal justice system often wonder what a pre-trial conference is and what purpose it serves. Generally speaking, a pre-trial conference is a court hearing where a prosecutor and a defense attorney get together and discuss whether a case is going to go to trial or whether it can be resolved through a plea agreement.
Pre-trial conferences often take place in the weeks after a defendant is arraigned. A pre-trial conference may be held prior to trial in both civil and criminal cases.
A pretrial conference may be conducted for several reasons: (1) expedite disposition of the case, (2) help the court establish managerial control over the case, (3) discourage wasteful pretrial activities, (4) improve the quality of the trial with thorough preparation, and (5) facilitate a settlement of the case.
Oftentimes, the prosecutor will have provided the defense with all the relevant documents and police reports ahead of a pre-trial conference so that the two can have a meaningful conversation. If not, police reports or other information will generally be provided to the defense attorney at the pre-trial conference, and a second court date will be scheduled where the defense will have to decide whether or not they will accept the prosecutor’s settlement offer or instead want to proceed to trial.
If the two sides do reach an agreement, it’s possible in some cases (especially those involving less serious misdemeanor charges) to resolve the case at the pre-trial conference. In such cases a judge will permit the defendant to enter a plea and will sentence him or her at that time. In more serious cases, where additional time is needed to prepare sentencing arguments, the court will generally schedule a plea and sentencing hearing for a later date.
Victims for Justice supports Sen. Lisa Murkowski’s efforts to get Congress to reauthorize the Violence Against Women Act, also known as VAWA.
Murkowski (R-AK) and a group of bipartisan senators, including Senators Dick Durbin (D-IL), Joni Ernst (R-IA) and Dianne Feinstein (D-CA), reached a framework in December to reauthorize VAWA, a landmark piece of legislation signed in 1994 that provides critical resources for domestic violence (DV) and sexual assault survivors. The law hasn’t been fully reauthorized since 2013. It was temporarily reauthorized in January 2019 in a short-term spending bill, but the law lapsed a month later.
The framework agreement Murkowski and the bipartisan group reached includes provisions that strengthen rape prevention and education efforts and services and protections for young survivors, closes a so-called dating partner loophole, and includes an Alaska pilot program to empower a limited number of Tribes to exercise special criminal jurisdiction over certain crimes that occur in Alaska Native villages.
The pilot program would allow Tribes who exercise this special jurisdiction to charge defendants with crimes that co-occur with DV, such as violence against children or assault on law enforcement.
The framework expands criminal jurisdiction to tribal courts to cover non-Native perpetrators of sexual violence and other crimes. If passed by the Senate and signed into law, VAWA would help lower Alaska’s shockingly high rates of DV and sexual assault, supporters say.
“The rates of violence experienced by Alaska Natives are particularly horrific and statistics should shock us all. I repeat them a lot and they still shock me. According to a report prepared by the Indian Law and Order Commission, Alaska Native women are overrepresented – by nearly 250 percent – among female domestic violence victims,” Murkowski said during a speech in December.
Alaska faces an ongoing epidemic of violence “which has left long-lasting trauma for too many of our women, children, and families. We will not allow survivors and the needs of the most vulnerable to go unmet,” she said.
The House passed a VAWA reauthorization bill in March. Supporters of VAWA reauthorization are urging their senators to act, noting that since the pandemic began, many victims and survivors of DV and sexual assault have faced increased economic instability and threats to their physical safety and mental health.
Golda Ingram is a new advocate at Victims for Justice. She was hired last fall and moved to Anchorage from Dillingham with her family to start the position, providing serves directly to innocent victims of violent crime. Golda took time for a brief interview so our readers and clients can get to know her. What follows are excerpts:
Q: How long have you lived in Alaska?
A: I am a Yup’ik and Aleut, Danish and Irish descendant. I was born and raised in Dillingham, Alaska. Bristol Bay has always been home.
Q: Have you lived outside the state?
A: I’ve lived in Salem, Oregon; Eielsen Air Force Base; Stanwood, Washington; and Milton, Florida. Of all, my favorite place is Washington.
Q: What is your professional background and why did you choose that career path?
A: I gained experience in the field of family social services through employment as the Tribal Victims Services Response Coordinator at the Bristol Bay Native Association. My history also includes working primarily with women and children who were victims of sexual assault and domestic violence through employment with Bristol Bay’s SAFE and Fear Free Environment. In light of Covid 19, I decided to complete a Paralegal Certificate Completion Program through the Center for Legal Studies in collaboration with California State University, Monterey Bay. I graduated in the spring of 2021.
Q: Why did you decide you wanted to work for VFJ?
A: I appreciate the groundwork that Victims For Justice is able to provide for clients and our ability to assist navigating through the criminal justice system is what makes VFJ stand out.
Q: What do you like most about this work?
A: I enjoy the trust this work and organization require. Although we may each have different experiences, as a Crime Victim Advocate we are trained to assist our clients in identifying and addressing their individual needs whether that’s providing a compassionate ear, answering crime questions, navigating through the criminal justice system and offering an array of community social services tailored specifically by VFJ’s Advocates.
Q: What do you hope to accomplish during your time at VFJ?
A: I hope to accomplish a well-rounded career path geared towards community support to help vulnerable Alaskans identify their immediate needs to help restore justice and overall safety in our community.
Q: How do you fill your free time?
A: I am a working mother of two. My oldest is 17 and my youngest is 2. As the weather warms, I plan to find new favorite parks and hiking trails and beaches to explore in Southcentral Alaska.
If you have become the victim of a violent crime, you likely have questions about how to navigate the criminal justice process, and whether you need to have legal representation. Like many aspects of the court system, it can be complex and confusing. Here we try to break it down for you with answers to some basic questions.
One of the first things to know is that if the person who harmed you or a loved one is being prosecuted, the act they committed is considered a crime against the law, and not a crime against you as an individual. It’s the government’s responsibility (whether it’s the state, city, municipality, or federal government) to provide a legal team to handle the criminal case against the defendant(s).
These lawyers are called prosecutors. Their job is to present the case in a criminal trial against an individual accused of breaking the law.
Prosecutors who work for the state are called district attorneys. Some cities or municipalities have their own prosecutors. Prosecuting attorneys represent the state or the community with the goal of protecting the community from further harm.
Below are common questions you may have and basic answers. If the information you are seeking is not here, please contact Victims for Justice and ask to speak with a victim advocate. You might also reach out the Alaska Office of Victims’ Rights (OVR), a state agency that provides free legal representation to crime victims to ensure that their rights are respected.
(Note: For ease of understanding and consistency in legal language, this article uses the term “victim.” This term may be used to describe a survivor who has been directly impacted by a violent crime or the surviving family members of a homicide victim.)
Q: Can I press charges against the person who harmed me or hire a lawyer to press charges?
A: No. Only the government can file criminal charges against a person in Alaska. In some states, limited private prosecution is possible for some low-level crimes.
Q: Does the prosecutor represent me, the victim of violent crime?
A: No. The prosecutor represents the government and/or the community where the crime occurred. The only parties to the case are the prosecution and the defense. The victim is not a party.
Q: Since the prosecutor doesn’t represent me, how do I make my voice heard?
A: Generally speaking, the prosecutor and you may have the same goals: jail time, restitution or maybe probation. But sometimes, goals differ. As a victim, you have rights that ensure your voice is heard. If you feel your rights have been violated, contact the Office of Victims’ Rights (OVR).
Alaska is currently the only state that has a government-run office of victims’ rights attorneys dedicated to protecting the rights of victims. If OVR takes your case, one of their lawyers can file an entry of appearance and make arguments on your behalf at no charge to you.
Keep in mind that OVR attorneys are limited to protecting your victim rights. Sometimes, victims want their victims’ rights attorney to do something they do not have the power to do. For example, you and the OVR attorney do not have the right to block a plea agreement, see evidence, submit evidence, file charges, drop charges, or do many other things that the prosecution or defense teams can.
Q: Are there other instances where it might help to have my own attorney?
A: If you suffered financial and/or emotional losses, you may consider hiring a private attorney to file a civil lawsuit. In a civil lawsuit, you might gain financial compensation from the defendant. In this type of lawsuit, you cannot charge the defendant with a crime or have them put in jail. If you are interested in speaking to a lawyer about suing the defendant, contact the Alaska Bar Association Lawyer Referral Line They can be reached at 1-800-770-9999. In some instances, especially high-profile cases, it may also be to your advantage to hire an attorney to handle media interactions.
Alaska women with mental health challenges, developmental disabilities, Alzheimer’s disease, chronic alcohol use disorder, and other brain disorders are much more likely than women without these conditions to experience intimate partner and sexual violence, according to new research.
The findings come from the Alaska Victimization Survey 2020, conducted by the University of Alaska Anchorage Justice Center with funding from the Council on Domestic Violence and Sexual Assault.
The survey of 2,100 respondents found extremely high rates of violence against Alaska women overall. For example, nearly half of all Alaska women surveyed said they have experienced intimate partner violence in their lifetimes (47.8 percent) and four in 10 have suffered sexual violence (40.3 percent). Nearly six in 10 Alaska women (57.6 percent) have experienced intimate partner violence, sexual violence or both during their lifetimes.
But having a mental health, substance misuse or developmental disability can make Alaska women much more vulnerable to these violent crimes. Researchers found that of the Alaska women surveyed who said they experienced intimate partner violence, sexual violence or both, half would be considered beneficiaries of the Alaska Mental Health Trust
The Trust was established in 1956 to benefit Alaskans with mental illness, development disabilities, Alzheimer’s disease, chronic alcohol or drug addiction, dementia, and traumatic brain injuries.
The Alaska Victimization Survey also found that Alaska women who were Trust beneficiaries were twice as likely to have experienced four for more Adverse Childhood Experiences than women who were non-beneficiaries. Adverse childhood experiences include verbal and emotional abuse, mental illness in the home, substance abuse in the home, separation or divorce, sexual or physical abuse, being a witness to domestic violence, and having a family member incarcerated.
Nancy Furlow and her granddaughter Kaitlin Duplisea visit the memorial dedicated to Brandon Irlmeier who was murdered on December 2, 2017.
On a rainy fall afternoon in northeast Anchorage, a Sitka grandmother stood grieving before a homemade memorial: a wooden cross encircled by a wreath of sunflowers and autumn features.
The memorial adorns the base of a covered staircase that spills into a cul-de-sac on East 6th Avenue. Creekside Park Elementary, its playground and young students sit across the street. It’s on these stairs that her grandson’s life ended in a violent homicide.
Nancy Furlow gently touched the wreath with her hand on this cold autumn day.
“I don’t want Brandon to be forgotten,” said Furlow, whose Tlingit name is Sutxwaan.
In town for a medical appointment, Furlow comes to this spot as often as she can to remember the 20-year-old man she raised since infancy.
Old Man Raven
A photo of Brandon Irlmeier that accompanies his obituary.
His name was Brandon Christopher Irlmeier. In Tlingit, his name was Yeil Yugóo (Old Man Raven). Irlmeier was beaten, strangled, shot, and left to die in freezing rain at the bottom of the staircase. The murder took place four years ago, on December 2, 2017.
Police have made no arrests.
With the fourth anniversary of the homicide approaching, Furlow wants to know why her grandson’s case has gone grown cold. Police at the time said they were looking for three persons of interest in connection with Irlmeier’s murder. One man, Orion Lind, was taken in for questioning but was not arrested. So far, nothing seems to have come of the investigation.
“I call the homicide detective every few months. He said the case is still open but that he has nothing new to report,” Furlow said. “Brandon deserves justice.”
Endless nightmare
Irlmeier’s case is still an open investigation, according to Anchorage police. Because of that, the department won’t say where the case currently stands or if there’s been any progress in finding Irlmeier’s killers.
“We have nothing to add at this time,” police spokeswoman Renee Oistad told Victims for Justice in November.
Victims for Justice has assisted Furlow since her grandson’s murder and holds monthly grief groups she attends by Zoom.
Besides her sorrow, Furlow wrestles with anger at the injustice of her grandson’s murder and the fact that his killers are free. What she calls her “endless nightmare” is compounded every time Irlmeier’s memorial gets vandalized. It’s been torn down repeatedly, burned, and a bullet has been left among the yellow plastic leaves.
A close-up of Brandon Irlmeier’s memorial.
“I’m certain the people who killed Brandon are behind the vandalism,” she said.
Furlow would like security cameras installed on the walkway to help catch the vandals.
Nothing will bring her grandson back but knowing who is destroying his memorial might shed light on the murder case, she said.
Stealing hearts
Irlmeier was born in Santa Barbara, Calif., as Furlow studied for her doctorate in Native American religious traditions. He was a happy baby and grew into a young man who loved music, the outdoors, and had a strong sense of humor.
“Brandon stole the heart of anyone and everyone around him,” Furlow said.
As he got older, Irlmeier was diagnosed with ADHD, according to his grandmother. He had sensory integration challenges which made daily life challenging. As a high school student in Eagle River, Irlmeier succumbed to peer pressure to use drugs. He found they helped to ease his ADHD symptoms. Irlmeier had a few brushes with the law but was working to turn things around. He was about two weeks away from entering a drug treatment program at the time of his death.
Furlow believes her grandson was lured to the staircase on East 6th Avenue for drug reasons. She said she knows who the killers are and urges them to come forward and turn themselves in. Furlow also believes the man who was taken in for questioning knows who killed her grandson.
One of many
Irlmeier was one of 36 people murdered in Anchorage in 2017, a record year for homicides in the city. Despite its reputation as a tourism destination and a wonderland of natural beauty, Alaska leads the nation in its violent crime rate. Violent crimes can include murder, assault, rape and robbery.
Law enforcement reported 838 violent crime incidents for every 100,000 people in Alaska in 2020. The majority of Alaska’s violent crime – some 58 percent – occurred in Anchorage. The state’s population center suffered 1,171 incidents per 100,000 people.
Alaska Natives are overrepresented among Alaska’s missing and murdered. A multiyear study released in 2020 by the University of Alaska Anchorage Justice Information Center found that while Alaska Natives comprise about 16 percent of the state population, they made up more than 29 percent of homicide victims in Alaska between 1976 and 2016.
Violent crime of various categories affects the Alaska Native population disproportionately. The causes are complex, but many researchers point to the effects of colonization, multigenerational trauma, marginalization, systemic racism, and other factors.
The U.S. Attorney’s Office noted last spring that for Alaska Natives for generations have experienced disproportionately high rates of domestic violence, sexual assault and other violent crimes.
“Tragically, this is not a problem of the past – it’s a problem that continues today,” said Bryan Wilson, Acting U.S. Attorney for the District of Alaska, speaking on May 5, MMIP Awareness Day in Alaska.
Since earlier this year, a multidisciplinary MMIP work group led by Wilson’s office has held listening sessions and consultations with some of Alaska’s federally recognized tribes. The goal is to develop strategies to solve and prevent MMIP cases. Two tribes – one in Dillingham, the other in Unalakleet — have crafted MMIP community response plans. Others are in the works. The plans detail how and when to submit a missing person report, what will happen during the response, who will lead the investigation and other details.
Kaitlin Duplisea, cousin of Brandon Irlmeier, displays a tattoo on her left collarbone that shows Brandon’s birthday and date of death.
A totem pole to honor lives
Furlow has become a vocal advocate for solving the MMIP crisis, not just in Alaska but across the nation. She notes that in Alaska there are more missing or murdered Indigenous men, including her grandson, than women, a fact that often goes unrecognized and deserves greater attention, in her view.
Earlier this year, Furlow received Victims for Justice’s advocate award for her relentless pursuit of justice for her grandson and other Alaska Natives who have been murdered or vanished.
To honor her grandson’s memory and those of other missing and murdered tribal citizens, Furlow hopes to have a totem pole raised in Anchorage. She would like to have it placed at the base of the staircase where Irlmeier died but fears it would be vandalized, just like the memorial. Other locations in Anchorage are under consideration.
“I want it to be a place where Alaska Native families and others can come and grieve their losses. I want it to be a reminder that these losses to our community are unacceptable and must be stopped,” Furlow said.
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