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Alaska’s Revolving Door Justice at Work: Convict Charged in Elderly Couple’s Murder, Infant’s Rape

Photo Credit: AP/ADNIn 2009, Jerry Andrew Active was charged with multiple felony counts surrounding a sexual assault on an eleven year old girl. With the blessing of Judge Vanessa White, a Murkowski appointee, he pled out his case and received three years to serve for attempted felony sexual abuse of a child. Additionally, he was convicted of felony assault on a child as well as criminal trespass.

Judge White also imposed four years of suspended time on the condition of Active’s compliance with all probation terms, including good behavior.

In Alaska, a defendant is only required to serve two-thirds of his sentence as long as he doesn’t get in trouble while incarcerated. After Active was released in 2012, he managed to violate his probation on multiple occasions. The State of Alaska filed petitions to revoke his probation and a new judge, Gregory Miller, required Active to serve 120 days of his suspended sentence in January. When he violated conditions again, Judge Miller required Active to serve an additional 150 days in March.

Because Active received credit for time served, he was out of jail again this month. And here’s what allegedly happened:

A man who has been charged with killing an elderly Alaska couple and raping their 2-year-old great-granddaughter is a registered sex offender convicted of breaking into a home and assaulting an 11-year-old girl four years ago.

Jerry Andrew Active, 24, was convicted in 2010 of assaulting the girl near Dillingham, Alaska, while her family slept.

Authorities say that on Saturday, Active broke into the apartment home of Touch Chea, 71, and his wife Sorn Sreap, 73, and beat the couple to death. He also raped Sreap, police said.

He was still inside the residence when their grandson, his pregnant wife and son arrived. The grandson, Von Seng, fought Active, but the assailant managed to flee. He was arrested nearby only wearing boxer shorts, authorities said.

“He took the old, the innocent,” Seng told the Anchorage Daily News. “Come face me.”

The Daily Mail reported that the injuries sustained were gruesome:

The two-year-old was taken to hospital for a forensic physical examination, and it was discovered that she had also been physically assaulted.

She was taken to a hospital where she underwent surgery for her injuries.

Investigators were affected by the brutality and the ages of the victims, police department spokeswoman Anita Shell said.

‘They said this was the worst thing they had ever seen in their lives, and these are seasoned detectives,’ Shell said.

Ballot Measure 2: ‘Wolf in Sheep’s Clothing’

 

Photo credit: bdearth

Alaskans will find a ‘wolf in sheep’s clothing’ at the voting booth on August 28th. Ballot Measure 2, the ‘Alaska Coastal Zone Management Program’ (ACZMP) is bad for Alaska!

State versus Federal control is how Ballot Measure 2 is being marketed, but if Alaskans adopt this highly flawed and convoluted Coastal Management Program, who actually gains control?

Measure 2’s sponsor, deceptively named the ”Alaska Sea Party,” argues for state control but their ACZMP is simply an extension of Federal anti-development laws, so what difference would that make? Most conservatives would agree conceptually with state control, but serious problems are presented by this 700+ word initiative, the longest and most complex ever to go before the Alaskan voters.

The Juneau-based Alaska Sea Party’s initiative is advertised as an expanded version of the prior sunsetted Coastal Management Program but really bears little resemblance to it (more on this later). This new version accommodates special interests and adds additional layers of unnecessary bureaucracy to an already complex permitting process — more red tape to effectively delay or prevent permitting for many projects beneficial to Alaskans. But this is just the tip of the iceberg.

The initiative creates the ‘Alaska Coastal Policy Board,’ consisting of thirteen Governor-appointed members, nine nominated from coastal regions and 4 from state agencies. This may sound reasonable until you realize that veto-proof control would be in the hands of powerful unelected board members unaccountable to the voters. Furthermore, board members would not be required to have any technical or permitting knowledge; rather, they are simply “nominated” by region. ‘Representation’ on the Alaska Coastal Policy Board would result in only two board members voting for three quarters of our state’s population. Or put another way, an overwhelming majority of the board members voting would represent only one quarter of Alaska’s population.

This power shift is made crystal clear when you realize that Anchorage and the Mat-Su combined get one single vote. Nome and its neighboring villages also get one vote. Fairbanks and the Interior get zero votes. But this new board has broad new statewide powers to set statewide resource development policy, even though it would be controlled by a minority of the state’s population. Out-of-control big government and special interest politics is ripening on the vine in the form of Ballot Measure 2.

So what’s the history behind the initiative? In 1972, Congress attempted to address the challenge of continued growth in coastal zones by passing the Coastal Zone Management Act. The Act was administered by NOAA’s Office of Ocean and Coastal Resource Management. In 1977, Congress approved Alaska’s first Coastal Zone Management Program. In 2003, the Murkowski Administration pushed through major reforms and added a sunset date to the program. This required the Legislature to either amend or re-authorize the (ACZMP). The program expired in 2011 after a failed compromise advanced by Democrats was rejected by Governor Parnell. Ballot Measure 2 is being pushed in the wake of Legislative inaction, and closely mirrors the legislation advanced by Democrats in June 2011.

The bottom line is that we can and must do better for our children’s future. A Coastal Management Program must be constructed fairly and clearly in order to truly benefit the people of Alaska. We must not paint ourselves into a corner by passing this initiative. Remember, initiatives such as Ballot Measure 2 are veto-proof for two years and are virtually impossible to amend. Measure 2 is bad law and must be rejected by voting No on 2, August 28th.