" was equally as questionable as being a false statement. "The difference between Hailstone's statements and Trooper Bitz's testimony are subjective variations in interpretations of a fast-occurring incident, not truth or lies," the attorney wrote.įurther, the attorney said Hailstone's statement that Trooper Young apologized for the incident when he was reported to have said "Sorry about that.
#CHIP HAILSTONE LEGAL PROBLEMS TRIAL#
She fact, the appeal contends, is that Trooper Bitz placed a 17-year-old girl in an escort position with her arm behind her back and that Trooper Young intervened and took her away."Īccording to the trial transcript, Kerry noted that Trooper Bitz acknowledged that Trooper Young "had to step in between" himself, Tinmiaq and the Hailstones that when he released the girl, Trooper Young "almost immediately" moved her away." Kerry said an analysis of the four statements Hailstone made reveals none of them were knowingly false.Īccording to the appeal, the statement that Trooper Bitz advanced toward Tinmiaq and that Trooper Young pulled him off are "impressions stemming from the eye of the beholder, rather than truth or lies. "Because a person must 'know' that the information he gives to a peace officer to be false, this statute also does not preclude a person from providing an opinion to a peace officer that he otherwise believes to be true," the attorney wrote, adding that there was "no circumstantial evidence suggesting that Hailstone knew he was wrong but made the statements anyway." with the intent of implicating another in an offense." gives false information to a police officer. Kerry noted that under Alaska Statute 11.56.800(a))1)(A), a person commits false information if the person "knowingly. During that time, he contends, the officer took an aggressive stance, staring at the two with his hand on his weapon. He also noted that Trooper Young then intervened and took his daughter aside to conduct the interview, leaving Bitz with he and his wife. During the request for the order, Hailstone said Bitz had advanced toward his daughter, Tinmiaq, during an interview and placed her in an "escort hold" by twisting her arm behind her back after almost being touched. Shortly afterward, Hailstone traveled to Kotzebue and appeared before Magistrate Brooke Alowa seeking a protective order against Bitz. During the incident, Hailstone contends Bitz was aggressive and, Young had intervened, glared at and taunted he and his family by taking a position with his hand on his firearm. The trooper, he said, responded by grabbing her right hand and moving to put her into a submissive hold. At one point during the interview, he said his daughter extended her arm toward Bitz while talking. Hailstone's conviction stems from an incident in July 2011 in which he alleges a state trooper physically assaulted his then 17-year-old daughter and then took actions that left his family in fear of bodily harm.Īccording to an indictment handed down by a Kotzebue grand jury, Hailstone was charged following a July 13, 2011, incident involving another family in Noorvik in which Hailstone claimed a resident had pointed a rifle at his daughter after an altercation involving his step son, Jonathan Carter, and several others.ĭuring the subsequent interview with troopers, Hailstone admits tensions flared in regard to actions that should be taken in regard to injuries his son had suffered. Kerry noted that "the jury heard many statements made by Hailstone, but it was never informed by the court, either verbally or in writing, what statements were allegedly false." "Reversal of the four convictions and a new trial is required due to any one of these three errors," Kerry said in the appeal.Īccording to Kerry's appeal document, the court was remiss in explaining to the prosecution what statements Hailstone had made that were false, or what information he provided was knowingly incorrect. I can't wait until that's gone."Īccording to the 49-page document, Kerry indicated that Hailstone's conviction for perjury was unjust and should be reversed due to the trial court's failure to instruct members of the jury on what statements Hailstone made that were false, and due to the court's failure to grant him a new trial after new evidence had been discovered, and for allowing irrelevant, highly prejudicial "bad act" evidence to be admitted during his trial. The anxiety for the past two years has been nuts, especially for Tinmiaq and Agnes. "Really, I'm just looking forward to getting this dropped," said Hailstone, noting that an appeal had been filed in November by his attorney, Glenda Kerry of Girdwood. Discovery Channel star Edward "Chip" Hailstone vowed to continue his fight to clear himself last month after papers were filed with the Second Judicial District Court in Kotzebue seeking the reversal of four perjury convictions for making false statements to a police officer stemming from a July 2011 incident in Noorvik.
0 kommentar(er)
