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.
A new statewide survey reveals a staggeringly high percentage of Alaska women face victimization in their homes, relationships and communities, figures that are likely underreported and on the rise.
According to the 2020 Alaska Victimization Survey, conducted by the University of Alaska Anchorage (UAA) Justice Center and the Council on Domestic Violence and Sexual Assault, nearly 60% of Alaska women surveyed reported having experienced intimate partner violence, sexual violence, or both during their lifetime.
That’s a 14.7% increase from a similar study conducted in 2015.
Some 2,100 women over 18 participated in the survey. It found that 48 out of 100 Alaska women reported intimate partner violence; 41 out of 100 Alaska women experienced sexual violence; and 58 out of 100 experienced either of these types of violence over the course of their lifetime.
“This survey helps give voice to the hundreds of victims of violence across our diverse state,” said L. Diane Casto, executive director of the Alaska Council on Domestic Violence and Sexual Assault.
The data shines a light on the scope of the problem, increases public awareness and should help policymakers better align and direct resources to the areas that need them the most, she said.
The numbers were collected via household survey of randomly selected adult women in Alaska. Participants are asked a series of behaviorally specific questions to determine their experiences with lifetime and past year intimate partner violence, sexual violence, and stalking, according to the researchers.
The high abuse statistics likely reflect only a fraction of what Alaska women actually experience.
Numerous studies, including national victimization surveys, have found the majority of individuals who experience rape/sexual assault and nearly half of those who experience intimate partner violence do not report their victimization to police.
Researchers say the best way to gather data on crime victimization is to ask a large number of individuals whether or not they have been victimized, and make estimates based on those data.
As COVID-19 cases increase in Alaska, courts have again suspended jury trials through the end of August. In Anchorage, they’re on hold until at least August 27, 2020. A list of locations and dates of suspension is here.
Given the backlog in court cases since the pandemic began, Victims for Justice decided to check in with Anchorage District Attorney Brittany Dunlop about the impact on victims of violent crime.
Q: How backed-up are courts in Anchorage these days compared to pre-COVID times?
A: How backed up are Anchorage courts is a difficult question. Many hearings have been taking place throughout the pandemic. We have been charging cases in a normal fashion, as they are arrested or referred from police agencies and attending their initial arraignments. With some interruptions due to court closures, we have been routinely presenting cases to the grand jury. We have also been handling other regular pre-trial hearings initially telephonically, and finally more recently in person. In context, the vast majority of our cases resolve by plea agreement, not by trial. In 2019 we filed roughly 3500 felony cases in Anchorage. About 1500 were indicted by the grand jury. Only 100 or so saw a jury trial. So, halting jury trials in theory should not impact our day-to-day work that much. However, the prospect or threat of jury trial is often what induces plea agreements. Throughout the pandemic defense lawyers have had a difficult time communicating with their clients to relay plea offers. Many more defendants than normal are out of custody due to COVID concerns prompting release by the court, and for those that were in custody, the jails necessarily had tight COVID restrictions on visitation. Those complications, coupled with the halting of jury trials, means that we have not seen the level of plea agreements that we normally would see, leading to a fairly substantial backlog.
Numerous orders have been issued since March of 2020. Those orders affect everything from the tolling of speedy trial rights, to the suspension of trials, and the regulation of health and safety procedures within the court system. Some of the orders have come from the Supreme Court, others from the local presiding judge. They can all be found on the court system’s website.
Q: How are these delays affecting victims of violent crime in terms of their ability to access justice?
A: Cases are not resolving at the same rate we would normally see, either through plea agreement or trial. This can be frustrating for all parties, especially victims and witnesses who are looking for closure to traumatic events. Victims should feel empowered to call in to court and appear telephonically for any hearing that they wish so they can be kept appraised of what developments are occurring in their case. Victims can exercise their rights to be heard on bail, delays and sentencing telephonically.
Q: If someone loses a family member to homicide in Anchorage, how long on average would it take from the time of the crime until the matter goes to trial? How has this time frame changed since the pandemic? What about for other violent crimes (e.g. assault, arson, hit and runs, etc.)
A: By a rough estimate I would say that homicides or serious violent crimes normally resolve by plea agreement 9-18 months after an event. If a plea agreement can’t be reached, and a case is going to go to trial, that timeframe can be longer, generally 1-3 years. Many factors can impact how long it takes to get a case to trial. Those factors include the complexity of the case, the degree of pre-trial litigation, the number of co-defendants, or whether the defendant changes counsel partway through the proceedings. Without trials for over a year, some delay can necessarily be expected. However, I am hopeful that the court will prioritize more serious offenses for trial going forward, and that counsel has been working diligently on pre-trial matters throughout the pandemic so the delay is not extreme.
Q: What are you telling victims about the court delays in terms of what they can expect?
A: We are asking people to be patient. While getting cases to trial in a timely manner is definitely a priority, we are also prioritizing the health and safety of parties, witnesses, jurors and everyone else involved in the court process. There are a number of legal challenges that exist in trying a case during a pandemic. For example, things that seem as simple as whether witnesses are required to wear masks, or if the courtroom is closed to in person spectators could pose legal challenges to a case down the road. After all, a juror has to be able to evaluate the credibility of witnesses, which includes seeing their facial expressions, and a defendant has a constitutional right to a public proceeding. So, simple or obvious solutions to getting court back up and running full speed have potential to jeopardize a case in the future.
I would emphasize to any case parties, that while the delay is certainly frustrating, it is our utmost priority to make sure that when we obtain convictions, it is done so in a constitutionally valid manner, that will withstand future appellate review. It is all a balancing act, so we are asking for grace as we try and get the best result possible for the safety of the community. Victims should know that we are doing our very best to move cases, prioritizing those that are the most serious and have unique timing or other issues. As soon as the court opened for trial, we immediately scheduled and completed a dozen trials, which was as many as the court could accommodate. We started with some class B and C felonies, because that was what the initial court order permitted, but were also able to try one sexual assault case. We are hopeful that we will try more serious cases soon. Many of the scheduling issues are out of our hands, and we are responding as best as we can to new court orders as they are issued.
Q: Are other aspects of your work being affected by the pandemic?
A: The District Attorney’s Office has been affected in a similar manner to many professional offices. Unlike restaurants, bars or other businesses that were shuttered completely, we were able to continue our work, just in a modified fashion. Because new cases continued to need to be charged daily, we quickly adapted to minimize the number of people physically in the office, transitioning to telework for what could be done remotely. Court hearings happened throughout the pandemic telephonically and by videoconference. For the past several months we have had the vast majority of our employees physically back in the office, in a “business-as-usual” type mode, but are eager for things at the court system to return to in person as soon as safely possible.
Q: Is there anything else you would like to share with our readers?
A: Please don’t hesitate to call our office if you have specific questions about your case, 907-269-6300. Our mission remains to seek justice and promote public safety through every case that comes before our office. We are always happy to answer questions or take input from victims and witnesses regarding their cases.
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