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Courthouse Scandal Gets Even Wilder As Prosecutors Accused Of Trying To Manipulate Judge Assignments

More machinations at the alaska federal courthouse than at melrose place..

question marks questioning wondering

But there’s even more wildness coming out.

Bloomberg Law is reporting allegations that a prosecutor strategically assigned Vandergaw to cases in order to trigger a Kinded recusal. In 2023, the Alaska federal defender’s office noted that in cases where Vandergaw appeared, Kindred would recuse himself or the case was reassigned — though they didn’t know why that was. When Vandergaw entered an appearance in a murder case against defendant Matthew Moi, folks questioned what was up.

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Gary Colbath, the Alaska federal defender’s office No. 2, said he confronted the lead prosecutor on the case about his suspicions of improper maneuvering and warned he planned to accuse the office of misconduct in a motion to dismiss. Kindred had a reputation for being more lenient toward criminal defendants. “There was no reason that she noticed an appearance, in our eyes, other than as a strategic attempt to cause Kindred’s recusal,” Colbath said in an interview. The following business day after Colbath said he raised concerns, Vandergaw was withdrawn from the prosecution team without explanation, court records show.

Now if prosecutors deliberately had Vandergaw enter an appearance in the controversial case in order to game the system and draw a more favorable jurist, that’s a terrible look. Though there are less machiavellian explanations.

It’s possible that Vandergaw’s addition to the case may have been negligence or a failure by the office to conduct proper ethical reviews, said Jeremy Fogel, executive director of the Berkeley Judicial Institute and a former California federal judge. “You have three buckets this could fall in: It’s negligent, it’s reckless, or it’s intentional,” Fogel said. “It’s not okay under any circumstance” for a conflicted prosecutor to be added to a docket, Fogel said. “But the question is, how culpable are they?”

You certainly hope the scheming in the Alaska courthouse didn’t rise to the nefarious level. But given the absolute mess Kindred left in his wake, both the U.S. Attorney’s and federal defender’s offices are conducting reviews to see how many cases have been impacted.

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