December 08
Angstman Law Office finished off its 31st year in rural Alaska with its quietest holiday season in years. Sue hosted her annual Christmas Eve party for only 22 guests this year, with many of the regulars scattered around the world. Among the missing was Sarah, visiting in Colorado. Part of the Fairbanks clan was in Europe, getting ready for an Africa relief effort that never happened and several other neighbors were out of state. Some of the potential guests were waiting our storms in the northwest which backed up flights. All of those factors, plus a decision to scale back the holiday season in recognition of the current economic situation resulted in a less noisy Christmas. Grandaughter Mary got the most unique gift, of course. James went north of Bethel and found a good birch tree, chopped it down and cut it up with a Skill saw, and built a dog sled the old fashioned way.
The quiet Christmas didn’t stop the flow of business at ALO. The office resolved a pair of difficult criminal cases. One involved a felony charge of importation of alcohol into a Yukon River village. The defendant was using his private plane to go hunting with friends at a camp a few miles from the village. An anonymous tip led to a stop at the airport, and booze was discovered in the plane. A felony charge resulted. Eventually a misdemeanor was offered and accepted with a fine instead of jail time. The situation is a fairly common by- product of the local option law that allows villages to go totally dry. When they do, the law says that no booze may be possessed within five miles of the local post office. In this case, there was never any intention to take the booze to the village, but the airstrip is within five miles of the post office, so the charge was valid. It is clear the law is routinely violated by unsuspecting travelers who land in a village or drive by in a boat, with booze on board.
Another client obtained a dismissal in a case arising from a teacher-student interaction at a Bethel school. The child complained of being assaulted by the teacher. As a result the student was removed from the classroom for the rest of the school year. The investigation revealed that the student cried when he was not able to return to the teacher’s classroom, and wrote the teacher a kind note at the end of the school year, which was luckily saved. The restraints placed on teachers today are in sharp contrast to the old days when certain students were subjected to frequent reprimands that included physical contact. Most everyone who attended school in that era agrees that the classroom setting was generally better then, and the academic performance showed it.
Many changes marked the year at ALO. The office saw two employees depart, replaced by one new lawyer in training, Matt moved to a new level of employment within the office, one that includes management responsibility. The year saw a typical level of business, down from the previous banner year, but generally consistent with recent years. The business plan remains the same, to carefully screen cases that come in the door, taking only those cases which meet certain criteria. The primary focus of ALO is civil litigation and criminal defense work. Much of our work is assigned to contract lawyers who work elsewhere, a task that has become much more feasible with modern technology.
Outside of the office, it has been a hectic year. The Kuskowkim 300 was the focus of much attention within the office. The race moved its office back into ALO, and Myron became the volunteer manager. That all followed Myron’s participation in the 2008 race, the first time since 1993 he had entered. The race lucked into a new helper in September when Casie Stockdale came to work at Old Friendly Dog Farm as a helper. She quickly showed her skill as a race helper as well, and this year’s race will reflect her work. The race starts Jan 16th, and can be viewed at K300.org. Both Myron and Casie will be racing the Bogus Creek 150 which starts the same day.
2008 saw more work on the Angstman cabin in the mountains east of Bethel. Construction is mostly done, and the already an expedition is being planned for March. Tomas Israelsson and Ben Kuntz are hoping to ski from Bethel to the cabin, a distance of more than 100 miles by trail. Stay tuned for details on that adventure.
ALO is a diverse place. It is believed to be the only law firm in America with both a sled dog team and a flock of laying chickens in the yard. This picture was entitled “Seven old Hens and a Rooster”, until it was determined that the chickens were only six months old.
ALO likes to recognize the accomplishments of its clients. Former Bethelite Don Rearden teaches college students at UAA in Anchorage, but writes professionally as well. One of his earliest efforts involved a story about an event in a caribou camp east of Bethel that is worth reading. His most recent effort involved writing a screen play for a movie which recently opened in Anchorage. The movie, Skidmarks the Movie, can be previewed here, (http://www.skidmarksthemovie.com/). ALO dispatched two movie critics to the premiere in Anchorage and they came away with rave reviews. Said one, (Andy) “Outrageous comedy with lots of hot women in bikinis”. Said the other (Sarah) “Zach Fairbanks style humor-just my type”. Don’s writing style was fashioned after many years in Bethel, so off-beat humor might be expected. He has promised that all of his Bethel friends will be invited to his Oscar party.
November 08
Most of November was spent at the midwest headquarters of ALO, so legal news was a little light. The Jeff King sentencing was set in early December, and thus will be added to the November news to fill the void. The Federal Government came after King with everything it had. The US attorney asked for a maximum sentence which was a $5,000 fine, six months in jail, several thousand in restitution and litigation costs, and a prohibition on hunting and visiting the park. In response, ALO asked for a fine. Readers will recall that the verdict was split, and it was suggested that the government was probably happy with the verdict. This time Uncle Sam was not smiling. King got a $4,000 fine and $750 restitution, plus $10 for some kind of court costs. The Judge rejected most of the government’s sentencing arguments.
Some impressions from the trial will last for a while. First, the government may have budgetary problems overall, but no lack of funds when it comes to enforcing Park Service matters. Park rangers spent an incredible amount of time on this case, before, during, and after the trial. They sent the moose meat out for a DNA test even though King admitted the moose was his, then they flew an expert up from California to testify about the DNA test (he was not used at trial). Numerous helicopter flights were made to the hunting area. Several park service employees attended the trial, but only one testified. In fact, in over 200 trials, this was the first where the supervisor of the investigating officer attended every minute of the trial. That supervisor, Chief Ranger Armington, was probably the main reason this case was prosecuted so vigorously. He displayed quite a range of emotion during the trial. For example, when a key point was made at trial by the investigating officer, Armington winked at King. When testimony revealed a park employee had called his old friend King on the eve of trial, Armington dashed from the courtroom and confronted the employee in the hallway and dragged him into a private area to have a little chat. In short, Armington was thoroughly into this case, a petty misdemeanor, suggesting he had nothing better to do with his time than sit and watch. The investigating officer noted at trial that the offense could have been charged as a bail forfeiture type offense, but that was a call for Armington to make. There was also testimony about the fact that Iditarod champion King was the defendant had no bearing on the case. Sure it didn’t. That’s almost as believable as the Park Service claiming it was a coincidence that the boundary where King hunted was heavily marked two days after the trial ended. Had the Park spent a fraction of the time and money they spend busting hunters marking the boundary instead, there would be very few illegal hunting cases. But take a guess which job is more fun. Denali Park is still one of earth’s finest places. Flying the back side of the Park on a beautiful day to investigate this case confirmed that fact. It is easy to understand though why some of the Park’s neighbors are less than thrilled by the way it is operated.
Matt settled a minor fender bender in Bethel for $25,000 and one in Dillingham for $7500, but most of our personal injury cases are in slow mode right now. One of the reasons undoubtedly is the economy. ALO has several cases where AIG is the defending insurance company. One can imagine they are playing close to the vest for a while until their economic picture is more clear. Other companies are likely in a similar situation.
Dog training is taking a major chunk of time at the Dog Farm this time of year. Two teams are being trained for the Bogus Creek 150. Myron will drive one team, and kennel helper Casie Stockdale will drive the other. Casie is also helping with the Kuskokwim 300 and in that job she has helped put the race back on solid financial footing.
In the interest of fair and balanced reporting, it seems appropriate to follow up last year’s picture of Gary Baldwin’s potato crop. Long time readers will remember that the entire 2007 crop fit in one hand. It appears that Gary has become a better gardener along with his promotion to local school superintendant. This year’s crop fills more than his hand.
October 08
October started with a trip to Portland for the Portland Marathon. Bethel was represented well there, with three runners Sarah, Ben and Sam Crow, and three walkers Sue, Myron and Cathy Baldwin. The latter three trained together all summer, Sam of course runs all the time all over Bethel, and both Sarah and Ben were taking part in their first marathon. Sarah trained hard, and Ben started late, and really didn’t get in that much time on the trail. Results can be found at the Portland Marathon site, but all finished. Here is a shot , and another One nice thing about a marathon, is provides guilt free eating for a couple of days, and Portland provided an excellent venue for that activity.
From there it was on to ALO south, at the Elk Farm in Minnesota. Legal work continues on the farm, but never before noon, when business is just getting started in Alaska. October saw two settlements of civil cases, both car accidents in Bethel. Both involved minor injuries, and the two cases settled for $25,000 and $32,500. The Jeff King trial, reported here earlier, resulted in a split verdict. The judge ruled King was guilty of hunting moose in Denali National Park, and not guilty of driving a motor vehicle in the park. Split decisions are almost always acceptable to the prosecution and rarely acceptable to the defense. This decision was not unexpected, but not because the defense was lacking merit. Last month ALO posted its final argument, this month you can read the judge’s decision. Click here to download (.pdf file) Sentencing takes place in December, and a complete discussion of this most interesting case will be included in the December news.
Sue and Myron traveled to North Dakota and Montana to visit former Bethel friends Bob and Mary Rearden, Rich and Jen Gannon and college friends Art and Linda Glasoe. The Reardon’s log home overlooks the Missouri River near Great Falls and is always a treat even though too may oversize starter castles have moved into the neighborhood. Antelope, deer and geese were abundant along the river. The Gannons have moved from Browning to Cut Bank, and the new international headquarters of Front Range Web is another good stop. Glacier Park is nearby, and there are other outdoor spots to visit as well. The Glasoes farm 9,000 acres near Wildrose, North Dakota and their spread makes Bethel seem crowded.
September 08
Some months are busier than others, and September usually wins the prize at ALO. For some reason, new business usually streams into the office during that month, hunting season is in full swing, fishing is at its best, and to top it off, winter preparation needs to be completed because the Angstmans are headed for Minnesota at the end of the month. This year that whole list of things was compounded by training for the Portland Marathon, which happens Oct 5th. Sue and Myron trained all summer with Kathy Baldwin. All plan to walk the marathon, while Sarah runs. Ben will do a combination of the two. September training was the most time consuming, including a 20 mile walk. Kathy and Myron tied in the 2002 marathon, and Kathy is favored to win this time owing to more dedicated training. Check the marathon website for results.
September at the mountain cabin was spectacular. Several visitors spent time there, including John McDonald and Bev Hoffman who visited the lake for the first time in many years. John is always snapping pictures, and . Fishing improved dramatically during September, and Andy caught the biggest fish of the year during the last weekend of September. The camera battery went dead, so no picture is available. The same weekend, James, Ben and Andy harvested two caribou at a camp not far from the cabin. Our new dog handler Casie Stockdale went along on that trip. Casie was hired for OFDF after spending the summer working on the glacier above Juneau with Jessica Klejka. Casie will also be helping the Kuskokwim 300 as assistant manager. After a few days on the job, it is clear the 300 will be in good hands this year. The race was advised that its former manager Staci Gillilan will plead guilty in October to one felony count of theft. This problem was detailed in an earlier edition of ALO news, and after the case is completed, a full account will appear here. The sooner that sordid episode can be put in the rear view mirror, the better. A reminder to all who read ALO news, its nice to trust people, but remember not everyone can be trusted. People who violate trust should be treated accordingly.
There was only one settlement to report this month. A minor Bethel car accident resulted in a $25,000 settlement. The Jeff King moose case is still awaiting a verdict, and you can read the ALO closing argument here. King Closing Argument Readers comments are welcome.
No month is complete without some dog news. Bethel musher Nick Cooke made a dog house for ALO office dog Henry, which now sits on the front deck of the office. And Bethel pilot LJ Davis actually sent me a photo knowing that it would likely end up on the internet. What was he thinking? Finally a group of photos, which include the new outhouse, the cabin kitchen, Sarah’s garden harvest, and fishing in the hills. You can see all those photos here,
August 08
Two legal cases highlighted the month of August at ALO. Jeff King’s moose hunting case was the only trial which the office conducted, and it was a busy one. It only lasted two days in Fairbanks but there was significant preparation time involved. The case consisted of a ton of pictures, maps and documents, all of which had to be selected and then prepared for use in court. Jeff and his office staff did much of the work on that project, leaving ALO to plan how the case would be presented. The case went well, with a large amount of evidence favorable to the defense presented for the court’s consideration. There was no jury because the federal rules do not allow a jury in such cases. Thus the decision was left to the magistrate, and his ruling is not expected for a couple of months because he asked for final arguments to be in writing. Because the case is still pending, a full discussion of the interesting evidence is not yet possible. One fact didn’t make it into the record but is most interesting. During the trial much was made of the lack of actual boundary markers in the area of the hunt. The government attempted to show there were enough markers, and also argued lack of ability to place markers because of the terrain and remoteness. ALO has now learned that within days after the trial, trail markers were placed about 500 feet apart for many miles in the area of the hunt on the north boundary of Denali. The case was followed closely by the Alaska newspapers, and the comment sections after the stories were typically divided on the issue. One comment was worth reporting here. An anonymous writer noted that King had hired the worst lawyer in the state.
The other court action worth reporting is a summary judgment in a case involving the use of a taser by the Hooper Bay police. Tasers have been the subject of several cases filed in Bethel in recent years. One such case produced a million dollar plus verdict for what can be described as minor injuries. One other case resulted in a defense verdict, when the jury decided that the use of a taser by a Bethel policeman, our client, was reasonable. Meanwhile, the Alaska Supreme Court weighed in on the subject. It ruled recently that in police excessive force cases, the officers have immunity, as long as they act in a manner that they reasonably believe to be lawful, even if they are mistaken in their belief. With that background, ALO appeared in court during August to defend officers from the city of Hooper Bay sued for using a taser several times against a person they were arresting. The facts were somewhat disputed but it seemed the officers were called by the mother of young children who were in a home with intoxicated adults. The court threw out the suit, agreeing with the officers that their use of tasers fell under the recent Supreme Court ruling.
Protecting village officers from suit is a policy decision that has far reaching implications. One result will be that injured parties will be left with no recourse in some cases when police use excessive force. The other side of that argument is that villages will be able to maintain a police force. Million dollar suits against village policemen have the very real potential to end police activity in the cash strapped villages of rural Alaska. Already many villages have no police force, and some have no insurance for their officers.
Labor Day is traditionally a hunting trip for the Angstman family, but this year a wedding at the Fairbanks Family homestead was the top billing. Grant Fairbanks started his homestead in the early 1970’s on the Holitna river. His tales from that era, some true, are a feature at many Bethel gatherings. He actually met his wife Debbie on a medivac trip to Anchorage when an accidental gunshot at the homestead injured one of Grant’s friends who was helping build the cabin. Debbie worked at an Anchorage hospital at the time. They were married at the homestead. Six kids and quite a few adventures later, their oldest daughter Francheska married Tim Robinson at the homestead. The highlight of the wedding was the involvement of three dogs in the ceremony. ALO office dog Henry led the bride and her parents up the path through the woods to the alter, where all three dogs walked around sniffing the participants, including the priest, during the ceremony. At one point a young lady sang Ave Maria, only to be joined by the barking of all three dogs who responded to a boat passing below on the river. One dog laid on the bride’s train. The entire ceremony was conducted at a wooden alter on the bank, not far from the outhouse.
Most Fairbanks’ gatherings feature some form of rescue. This time, Drake and some friends decided to go upriver fishing during the wedding party. They ran out of gas and Grant had to rescue them with another boat after dark. There were numerous colorful stories told, all blessed or at least excused by the priest. There were 49 people in attendance, remarkable for a location 12 hours by boat from Bethel, with no road access or airstrip. The homestead is 150 miles northeast of Bethel, and about 15 miles south of Sleetmute, a village on the Kuskokwim River. Best wishes to the newlyweds.
July 08
Dogs play an important role at ALO. Of course the office is located at Old Friendly Dog Farm, named after our first lead dog more than 30 years ago. During that time there have been a few office dogs that have greeted, or growled at, legal visitors. In July ALO said goodbye to one of its best staff members ever when Freckles died. She was 15, and spent weekdays in the office since she was a puppy. Many customers never saw her because she preferred to sleep in a hidden spot, often behind Sue’s desk. Many times it would be late evening before someone would remember that Freck was still in the office. Freckles, a Corgi, was one of the funniest looking animals on the farm. In recent years, Freckles lost much of her sight and hearing, but was still able to jump on the couch to rest in her last week. Freckles was the second canine friend to die this year. Former Iditarod champion and Bethel “Best in Show” dog Angus died in January, also at 15. He ran with a puppy team a couple of weeks before he died, and is the father of many dogs now in the OFDF team. He led teams for Sarah and Andy when they each won Rookie of the Year honors in the Kuskokwim 300. He was old and slow by then, but always ready to go. Happy Trails to two old friends.
Much of July was spent preparing for three August trials, two of which were continued leaving one trial which is now the focus. That trial is the Denali Park moose case involving Jeff King. Myron flew his plane to the Park area in July to see the location where Jeff hunted last September. The location is quite some distance from the road, and involved some backcountry travel. It is always good practice to have a look at locations which figure into trials so there is less chance of getting confused by testimony which describes the scene. The plane ride to Denali was spectacular, skirting the back side of the Park past Kantishna, Wonder Lake and the big mountain. The trial promises to be a good one. Details next month.
The cabin project is once again underway. The two migrant workers in charge of the building project, Tomas and Csaba, are back in the mountains, and keeping them supplied is one of the daily tasks at ALO. Some folks have figured out there is a new place to stop in the wilderness. Bill Eggiman and Jane McClure stopped for a visit in July, and Sue Flensberg of Dillingham (formerly Sue Maddox of Aniak) also stopped by. The project is in the finishing stages, and now has a functional outhouse, a guest shelter, and deck furniture. If you’re in the area, stop by.
George spent most of July in Texas taking the bar exam, and Andy has been busy learning to fly. He did his first solo flight recently, and hopes to have a license by September. He will be leaving ALO at that time in pursuit of a master’s degree.
June 08
June was spent at the elk farm in Minnesota, where farm work was the main order of business. June is the month for harvesting first crop alfalfa, and this year’s crop was the best in recent years. 71 large round bales were stored, which is about double last year’s first crop count. Haying has evolved from one of the most back breaking chores on a farm to a mostly enjoyable effort because of modern equipment that eliminates much of the work. The extra hay will be needed as the elk have produced more calves than normal as well, 10 at last count.
Trail maintenance, prairie planting, and brush removal were the other main chores. 70 to 80 degree temperatures were common in June, and with abundant rain, the farm was green and growing. The State of Minnesota awarded the farm Century status for being in the Angstman family for more than 100 years. Jacob and Emma Angstman arrived at the farm in 1904 by horse and buggy with their 13 children, livestock and equipment. Subsequent owners were son Ezra and his wife Edna, and later their son Spencer with his wife Shirley, and Spencer’s brother Myron and his wife Suzanne. With most of the farm enrolled in the Minnesota Land Trust, the farm will remain intact forever, with no subdivision possible.
A shortage of dogs at ALO resulted in the purchase of a new dog, and English cocker spaniel named . English cockers retain a strong hunting instinct, and this dog is a partially trained bird dog. He is a wonderful retriever already, and after a couple of weeks on the farm showed excellent skill at flushing birds. Tanner is about 20 pounds, and at 16 months won’t get any bigger.
Two civil cases were settled. A Bethel woman received $17,500 for injuries suffered in a car accident, and a client in Minnesota recovered $83,000 for an accident near Princeton. ALO handles a few cases out of state from time to time. That can only happen in matters that don’t reach court, or by working with local counsel if they do.
Summer promises to be extremely busy, with a number of trials scheduled along with visits from family and friends. Add to that the completion of the cabin project planned for August and September, and things will be hopping. To that end, a replacement airplane is now parked at Hangar Lake. It has already logged a number of hours in Alaska, and appears to be an upgrade from the prior aircraft despite being two years older. Brand new floats has a lot to do with the improvement. Along with a new plane, ALO will soon have a new pilot as Andy is about 15 hours into his flight training in Bethel.
May 2008
This month’s update comes from Minnesota, where elk are being born in heavy rains and cool temperatures. May was graduation month for many, and ALO took part in a few. First was Sarah, who received her PHD from University of Montana. Several past and present Bethelites made their way to the party, including Bob and Mary Rearden, Rich and Jen Gannon, Mike and Jill Hoffman(in Missoula for Jamie’s graduation),and Mike and Christy Nerby. The graduation was big news, but Sarah and Ben saved the even bigger news for a bit, announcing a plan to get married a few days later. This comes after years of denial that such an event was even possible. Date, location and dowry amount have not been determined. 10 adult elk is the suggested amount.
Bethel high school graduation was next, with too many parties to count. One group of graduates celebrated with a trip to Hawaii. Another, dog racer Jessica Klejka, didn’t make Hawaii but instead started a job toting tourists by dog sled on the glacier above Juneau. The dog tour industry generates big money, and Jessica will be making a bundle while living free on the mountain. Meanwhile, the OFDF dogs are on lease to a Skagway tour outfit where they will pull carts 5 times a day for one mile.
One final graduation note, a second Andy Angstman graduated from Princeton High School in Minnesota. Bethel’s Andy Angstman was in Minnesota for a college reunion and attended with his parents as cousin Andy celebrated. Angstmans have been graduating from PHS for over 100 years now.
In legal news, Matt settled two claims before trial. One was a Bethel car accident case which settled for $27,500 for a man driving a cab which was struck by another car. Matt also settled a medical malpractice case for $50,000, which involved a delayed diagnosis of appendicitis for a Teller man.
Matt had a tough civil trial in Bethel. He represented the City of Chevak in a case brought by a child who injured himself on a city playground which had been donated by the local school. Chevak had no insurance, and attempted to defend itself without an attorney at the outset, answering the lawsuit by admitting responsibility for the accident, but pointing out that the city was without funds to pay anything. The case went forward anyway, our office became involved and the jury awarded $40,000 to the child. In its answer, Chevak mentioned bankruptcy was an option, and that still is the case. Many communities in rural Alaska cannot afford insurance, attorneys, or civil judgements. For some, the option of simply going out of business is becoming more appealing right along.
ALO also was involved in a settlement of a slip and fall case from a Bethel area village. Regular readers of this report know that this office has complained about some settlements made by clients in cases ALO was prepared to defend. This was another such case. The claimant fell on a step that contained, at most, a half inch of snow. She complains now of a sore back, a complaint she had for years before the recent fall. Her medical records reveal substantial suspected abuse of pain medication before and after the fall. No one observed the fall. The insurance company paid $30,000 to settle.
The biggest news in criminal law grows out of the Kuskokwim 300. Earlier it was noted that Myron was the acting K300 race manager after the previous manager was fired. In May the former manager Staci Gillilan was charged with felony theft. That case is now pending in Bethel. She is represented by the law firm of Power Brown. Some readers of this page will note a certain irony in that.
Finally, at the elk farm.
April 2008
A cold April put the finishing touches on a long winter in Western Alaska, but spring has finally started as this is written in early May. Some of the staff bailed out for some relief, Dolly and her husband David in Hawaii, and Sue and Myron in New York City. Dolly’s trip meant an extended period of grandkid time for Sue and Myron.
Airfare to NYC was courtesy of the Kuskokwim 300 and Alaska Airlines, as a result of Myron’s winning the Best in the West award during this year’s race. With such a title in hand, one would surely expect special recognition in the city, but somehow that was overlooked. The only recognition came as a result of Cathy Baldwin, who called and arranged a free bottle of wine at a restaurant where her daughter Katie and boyfriend Paul Basile were meeting the Angstmans for dinner. The wine steward delivered the bottle, and made small talk about the Best in the West award and dog mushing at Cathy’s suggestion. Anything for a tip.
On a side trip by train to Connecticut, former Bethelite and nephew Keith Holton gave a tour of the Canterbury boarding school where he is admissions director. The school’s most famous drop out was Paris Hilton. She played hockey there a few years back. That must be compared with Sarah’s high school in Minnesota, Shattuck St. Mary’s where the most famous drop out was Marlon Brando. Not many knew that Brando’s son Christian once lived in Bethel and roomed with Richard Trotto. Both of them worked at Kemp-Paulucci fisheries.
As for the big city, what a place! For a rural person, its hard not to look up at the skyscrapers when walking in New York City. The average distance walked each day was about 5 miles. While there, an attempt was made to add culture to a basic country hick. The result: no apparent change despite visits to several museums, a Broadway performance, and several nice restaurants. One thing is clear after a week in New York. They have Alaska outnumbered. The people of rural Alaska could fit in a block or two of New York City. Its scary to think that a city as large as New York isn’t even among the top ten largest cities in the world anymore.
Of course, legal work has to continue so that the credit card bills from New York can be paid when they come in. Only one civil case settled, an employment case from Dillingham, for an undisclosed amount. Matt obtained a dismissal of a DUI case on the eve of trial in Bethel. One new case came in worth noting. Iditarod and Kuskowkim 300 champion Jeff King employed ALO to defend a moose hunting case which was in the news state wide. King was charged in Fairbanks federal court with taking a moose within the boundary of Denali Park and Preserve last fall. The case presents many interesting issues, including the fact that the boundaries are very lightly marked in most areas.
ALO learned that staff member George is a professional artist. He promises to have an example of his work hanging in the office before long. Andy finished off the dog race season in early April with a win in the Larry Chase race in Bethel. The 45 mile race was sponsored by the Bethel Sprint Club. Later in the month, 19 dogs from Old Friendly Dog Farm were shipped to Skagway to be tourist dogs for the summer. The dog yard hasn’t been this quiet in 30 years.
The Kuskokwim 300 continues to emerge from its financial crisis of the past winter. A new fund raising effort was announced in April, which has already produced good results. If you want a mile, drop us an email. One brief piece of legal advice last week resulted in no fee charged, but instead the purchase of one mile.
Finally, several people correctly identified the people in last month’s old time Bethel photo. Those pictured were John McDonald and Bev Hoffman with little Colin, and Thom and Torie Foote, the newlyweds. None of the lucky winners wanted their half price divorce just yet. There are several more photos from the wedding here . World famous National Public Radio news anchor Corey Flintoff performed the ceremony , which raises the legal question of whether Thom and Torie are actually married. Identify the people in the pictures and those names will be posted next month.
March 2008
Sometimes cases settle for reasons that leave ALO unhappy. In March there were two such cases. One was an Anchorage criminal case involving a felony sex assault charge against a Chevak man. The case had an interesting history. Myron handled a trial in the case a couple of months ago that ended in a mistrial when the District Attorney mentioned some things in front of the jury that he shouldn’t have. A mistrial is not a very clean result, because it means that you start over, with considerable wasted time and expense for both sides. In this case, our client had limited resources, so a second trial in Anchorage was not that appealing. The state apparently felt the same way, offering a misdemeanor harassment charge which was a major reduction from the Class B felony charge that would have involved many years in prison from our client if the jury convicted him. Why was the result unhappy for ALO? The case was very defendable, and a win was quite likely. The victim, also a Chevak person, claimed she was assaulted when she passed out in the defendant’s hotel room after a night of drinking. And what a night it was. The woman, who was in Anchorage on business, went with the defendant and others to dinner, where she had a couple of beers. Then she accepted an invitation to go to PJ’s, a strip club with the defendant, where she had about 8 more drinks, mostly beers and a margarita. At that point the pair returned to the hotel where both were staying in separate rooms, but instead of calling it a night, they joined another friend for more drinks in the bar. After the lady had two more drinks, the three left the bar when it closed, and both men offered to see the lady (a married woman with several kids) to her room. She declined, instead asking if either man had more drinks in their room. The defendant said he did, and all three went there to drink more. The lady claims to remember nothing that happened after leaving the bar, but when she woke up in the morning she believed she had engaged in sex during the night. She confronted the defendant, who avoided the question, and then she contacted police. DNA evidence showed that the two had engaged in sex. There were no witnesses to the events that happened after the third person left the room around 1 am.
The defendant denied that the woman was incapacitated, and the woman had no memory of what happened. If you have thoughts on this case and its outcome, email them to ALO.
The other unhappy settlement involved a four wheeler wreck in Emmonak. A young man drove a four wheeler at a high rate of speed with his sister and niece on board over a newly constructed ramp-roadway near the airport. Witnesses described his speed as 30-40 mph. He claimed 15 mph. He ran through a dip in the road and tipped over. The young girl suffered a serious arm injury. This office represented the company that built the roadway for the state. The state was also a defendant. The driver was a plaintiff, but dropped out of the suit after his deposition. The defendants combined to pay a substantial seven figure settlement to the girl, despite advice that most if not all of the fault would be given to the driver.
Matt got two nice wins in Bethel criminal cases where he filed motions which were granted by the court, ending the cases. He spent part of the month in Hawaii, shortly after he was promoted to a new level of responsibility at ALO. Matt will be assuming an increased role in the management of ALO and share in future profits, a change that he earned through 2 1⁄2 years of solid performance.
There were three correct votes and one incorrect vote for last month’s Bethel history quiz. The incorrect vote was from Ireland and had . The contestant, who used to be a Bethel public defender before defecting, claimed the contest was rigged and demanded a recount. Two of the winners, Scott Angstman and Kevin Wesloh are family members, and four family members were at least partially visible in the picture, Myron, Sue, Dolly and Carol Angstman (next to Sue) The others are Jim Plasman(scraggly beard and hair) Mike Bell and Pat Harrington. Plasman is currently a judge in Micronesia, and Bell-Harrington are married and live in Maine. The local winner was Cindy Andrechek.
March is Iditarod month in Alaska, and what better to time to dredge up the video of Andy finishing last year’s race, which was shown on the Iditarod web page. ( Download Video. -sorry MAC users) Other than the winner, it was the loudest finish in the race, thanks to the rowdy Bethel crew on hand.
Dog racing dominated the scene at ALO during March, as the newly assumed K-300 race manager duties occupied most of the staff. The race is in a mess, financially and otherwise, and it will take some doing to pull off a successful race in 2009, which will be the 30th annual event. This mess is a developing story which can’t be detailed here at this time, but watch future reports for a complete account of a disgusting chapter in one of Alaska’s top sporting events.
Finally, another early Bethel photo with a quiz. depicts one of Bethel’s most infamous weddings and parties. It was held in October of 1982, at the unfinished Angstman log house. It was a combination Halloween costume party, wedding and reception. Name the pictured folks, plus the person who conducted the ceremony, and win a half price divorce from ALO.
February 2008
Criminal law cases dominated the month of February at ALO. Matt and Myron combined efforts on several cases, including a first degree murder case from a Yukon River village that was set for trial in March. The case was resolved as a second degree murder, with a jail sentence of 10 to 20 years, to be decided by the judge at a sentencing hearing in May. Many less serious charges came up for trial as well. There was a crowded Dillingham calendar, and ALO’s clients fared well. A series of assaults against a Dillingham man and his girlfriend were all dismissed on the eve of trial. Another case, involving a violation of conditions of release, was also dismissed. Finally in Dillingham, an assault charge was reduced to disorderly conduct, with a 10 day suspended sentence.
On the civil side, the biggest news was the bankruptcy filing by the Catholic Bishop of Northern Alaska, a client of ALO. That case involved about 140 claims against the Fairbanks diocese, many of which were uninsured. The cases had just been placed on a fast track for trial when the bankruptcy decision was made. .
That was not the only ALO case making headlines. A case reported here last month as a confidential settlement made the Anchorage paper as part of ongoing coverage of political corruption, . Needless to say, that case offers a lot of intrigue. ALO still has two claims pending against Mr. Boehm.
Other civil cases resolved as well. A Bethel client received a settlement of $150,000 for injuries he suffered when the bike he was riding was struck by a cab. A 4- wheeler accident in White Mountain resulted in a $100,000 settlement for a young boy represented by ALO. The child was run over during a 4th of July celebration.
ALO welcomed a new staff member, a young man from the University of Houston law school. George Mirzashvili was born in the former Soviet nation of Georgia but came to live in the US as a boy because of political unrest in his home country. He stayed on for college and law school, and is a welcome addition to our staff. Click here for a .
Dog racing season is in full swing, and Old Friendly Dog Farm secured a win at the Norton Sound Portage 200, which starts and ends in Unalakleet, with a run over the portage to the Yukon River at Kaltag. Dean Painter raced the dogs, and won $4,000 for his effort. The Dog Farm would like to recognize several folks who helped Dean race, including his host family George and Elvina Turner, Yute Air , Wade Renfro and ATS for transportation, with other help from Dimitri’s Restaurant, VIP restaurant, AC Store, and Swanson’s Store.
from 1977, taken at the community festival that was held across from Swanson’s store in what was then Bethel’s first softball field, reveals several people who might be hard to remember. This month’s quiz: name four people in the photo, email your answer to angstmanlaw@alaska.com, and Angstman Law Office will prepare your will for free. (if you are old enough to remember, you need one).
February has seen a continuation of very cold weather in the Bethel area. While actual temps have not been record setting, the steady wind has made for some nasty wind-chills. was emailed from Tok, Alaska in early February.
And finally, a word about how to treat your lawyer. A client from Quinhagak stopped by the office this week, for the first time in over a year. When she came in she stated “Everything looks different around here. Andy looks taller and Myron looks younger.” That called for a party, and two pizzas were ordered within minutes. Of course, that begs the question, younger than what?
January 2008
January 18th was quite a day at Angstman Law Office. The Kuskokwim 300 started at 6:30 p.m. that day, with Myron scheduled to leave home around 5:45 to make it to the starting line. The office was open all day, and business was hopping. Two modest cases settled by mid-day, a slip and fall case in Kotzebue and a rear end collision in Bethel which we defended. At 4 p.m. ALO learned of a major settlement involving three young female clients who were the victims of sexual misconduct. The terms of that case are confidential. ALO has additional clients with claims against the same defendant, and negotiations continue.
With that out of the way, it was on to the dog race. next to Jessica Klejka, Myron had a smooth run to Kalskag in fresh soft snow, which meant slower times for the first 100 mile run. After a six hour break, conditions went downhill, as powerful winds swept through the Kuskokwim Valley. Most of the wind was either headwind or crosswind, and exceeded 50 mph much of the time which made for tough going to Aniak and around the Pike Lake loop. The wind was so heavy at Pike Lake that checker Eric Hoffman couldn’t be heard from a distance of five feet. Now that’s a lot of wind. The breeze continued all the way back to Aniak when it finally subsided. In the process the temps had warmed into the 40's near Bethel, and most of the snow had melted, creating slushy trail to Tuluksak. The racers were warned of water on the trail, and the final fifty miles of the race left everyone’s boots well washed, with several water holes more than knee deep. Read more about the race from the . For full results visit . For 11th place, Myron got $2900 and the Best in the West award, which is two free tickets on Alaska Airlines for being the highest finisher from the local area. New York City is the likely destination. Other unofficial awards: Top finishing elder, top finishing amateur, and most snow machines sunk by kennel helpers. This last award involved Andy and Dean Painter sinking two machines on the last night of the race 9 miles from home in about three feet of water. They were a lonely looking pair standing in the middle of the river at about 4 a.m. Monday. After a brief conference with a couple of mushers who came by, the pair walked to Bethel. Total tally of sleep for the 2 1/2 day race: 20 minutes of restless sleep in Aniak. Minnesotan Dave Price, who helps with the elk farm, made the trip to Aniak and back by snowmachine, and decided dog races, and racers, are nuts. He could be right. To read accounts of the race from other racers, see these racers websites, , .
Post race, more business was conducted. An oil spill case in Steamboat Slough near Bethel was settled for a confidential amount. This was the second installment of that case, and involved 18 people who were not included in an earlier settlement two years ago. Finally, this office represented a local plumber who was sued by a cab driver for a rear end collision. Witnesses observed the cab slam on the brakes to avoid hitting a drunk pedestrian in front of the AC store. My client was observed to lightly tap the back of the cab at the same time. The cab driver claimed he had injuries, which closely resembled injuries he had in a previous accident a few months earlier which resulted in a settlement for him. This office suggested no payment this time, but the insurance company finally agreed to pay $5,000, a small fraction of the amount requested earlier. For those of you who keep track, we call that a win.
