Independent Prosecutor Campion,
Thank you for speaking with me about the recent dismissal of the indictment against Judge Margearet Murphy.
As discussed, the dismissal had nothing to do with whether or not Judge Murphy was in fact guilty of felony perjury to the Kenai Grand Jury, but was based on technical issues:
- A juror who went missing reduced the number of Grand Jury members below the required 12.
- The indictment was not specific enough.
- The Grand Jury was not given proper instructions.
- The Grand Jury was given inadmissible evidence.
You agreed all these problems could be solved by simply giving only admissible evidence to a separate Grand Jury; one with more than 11 members, given proper instructions, and given a specific indictment to vote upon. (Such Grand Juries are empaneled and being currently used to indict in Anchorage, Kenai, and elsewhere.) Court documents indicate the evidence of perjury is simply Judge Murphy’s already-recorded testimony and a conflicting, already-obtained Alaska Commission on Judicial Conduct report. You stated you would only need one witness “to provide the setting” and agreed you could likely obtain a new indictment in a single day.
In the last paragraph of the dismissal, Judge Thomas Matthews states: “The Independent Prosecutor shall have ten (10) days to advise the Court whether he will seek a new indictment of Judge Murphy. If the State does not seek a new indictment, then the case will be dismissed.” (Page 32)
To start the Kenai Grand Jury investigation into evidence of judicial corruption in Alaska, up to 80 citizens at a time for over three months protested in front of the Kenai Courthouse. Other citizens protested in front of courthouses in Anchorage, Fairbanks, Palmer, Juneau, and Haines.
At least 2 Grand Juries in Anchorage and at least 4 in Kenai started investigating judicial corruption. Judges, district attorneys, and several times Deputy Attorney General John Skidmore ordered all to stop investigating, despite the fact Article 1, Section 8 of Alaska’s Constitution states:
“The power of grand juries to investigate and make recommendations concerning the public welfare or safety shall never be suspended.”
In July of 2022, to breathe life into this Constitutional right, citizens formed Alaska Grand Jurors Association (AGJA) and organized a state-wide courthouse sit-in, to continue even after closing time and arrests – until a Grand Jury was allowed to finish investigating and addressing judicial corruption. Just a day before the planned sit-in, Representative Ben Carpenter and the Alaska Department of Law informed AGJA that a special Grand Jury in Kenai had been convened, whose sole duty was to investigate and address judicial corruption. This Kenai Grand Jury investigated for at least the better part of year, and I believe are still empaneled to this day – very nearly 2 years from when they started. Part way though their investigation, they fired the Department of Law attorney advising them (Jenna Gruenstein) and insisted on an “independent prosecutor”, which is how and why you entered the picture.
As soon as the Grand Jury subpoenaed Judge Murphy and Marla Greenstein, the Alaska Supreme Court issued SCO 1993, changing Rule 6.1 to prohibit Grand Juries that investigate from also indicting. (Evidence indicates Ms. Greenstein – Alaska’s only investigator of judges since 1989, over 8000 investigations and counting – has been falsifying official investigations to keep corrupt judges on the bench and ruling over We-The-People. But it is possible the statute of limitations prevents her from being indicted.) The rule change also greatly increased the power of judges to suspend Grand Jury investigations, reports, and recommendations.
You agreed the Supreme Court made these rule changes because of what the Kenai Grand Jury was doing and resulted in the Grand Jury believing they could not legally indict Judge Murphy. You agreed this is why they never prepared or voted on a specific, written-up official indictment when they believed Judge Murphy committed perjury, even though they did take a vote confirming Judge Murphy committed perjury to them.
AGJA uncovered an internal Alaska Supreme Court “Memorandum” indicating the Supreme Court (to pass SCO 1993 and stop the Kenai Grand Jury before they could indict Judge Murphy) bypassed the established and required oversight of their own 13-member Rules Committee. The Supreme Court even ignored Rules Committee protests “the rule changes were important and serious changes of a constitutional nature and should not be rushed through.” (See “Memorandum” in “SCO 1993 History” at alaskastateofcorruption.com)
AGJA found that the 55 Delegates who wrote Alaska’s Constitution unanimously agreed on the following:
“The power of grand juries to inquire into the willful misconduct in office of public officers, and to find indictments in connection therewith, shall never be suspended.” (Alaska Constitutional Convention Proposal No. 7, Introduced by the Committee on the Preamble and Bill of Rights on December 15, 1955)
As this proved the SCO 1993 rule change was unconstitutional, AGJA called for a legislative investigation and possible impeachment of the Alaska Supreme Court – and provided the evidence they were corruptly stopping the Kenai Grand Jury from indicting Judge Murphy. Eventually the Alaska Supreme Court issued SCO 2000, reinstating the right of investigating Grand Juries to also indict. You agreed this evidence and the series of actions by the Alaska Supreme Court was “explosive” and left the Kenai Grand Jury completely confused.
“The grand jury in its investigative power as well as for the fact that it is sitting there as a panel sometimes is the only recourse for a citizen to get justice, to get redress from abuse in lower courts…it is the only safeguard a citizen occasionally has when for any reason and very often for political reasons, a case is not dealt with properly.” (Alaska Constitutional Convention, transcript page 1328)
At some point, one of the 12 Grand Jurors disappeared and could not be found, leaving the remaining 11 unable to adjust to the rule changes by the Supreme Court, as Alaska’s Constitution states there must be at least 12. You stated that you had never seen a Grand Jury with only 12 jurors and no alternates, and that this was completely inconsistent with your prior Grand Jury experiences. You stated that this, combined with all the Supreme Court rule changes, would have made it hard for any prosecutor to successfully indict with the Kenai Grand Jury. (Citizens now think it may be important to determine why and how the Grand Juror disappeared.)
Missing Report and Recommendation
Judge Murphy’s filings prove that, on April 28, 2023, the Kenai Grand Jury also issued a report and recommendation on what they found during their investigation. But this report has never been made public, as required by Alaska’s Constitution. This is unacceptable, as it certainly puts to bed, once and for all, citizen concerns that Marla Greenstein, Alaska’s only judge investigator since 1989 (8000 judge investigations and counting) is falsifying official investigations to keep corrupt judges on the bench and ruling over We-The-People. A respected Borough Mayor put it this way: “If there is nothing to hide why don’t they release it?”
Conclusion
We humbly ask that you seek a new indictment of Judge Murphy. In addition, we humbly ask that before his March 8, 2024 deadline to do so, you inform Judge Matthews that you will seek a new indictment.
Please do not waste years of time, effort, and sacrifice by the brave Kenai Grand Jurors, along with that of hundreds of Alaskans who stood for months in winter winds outside courthouses so the Kenai Grand Jury would be allowed to investigate and address their concerns of corruption. Please breathe life into the Constitutional guarantee that Grand Juries can protect citizens from corrupt judges. It is perfectly clear the Kenai Grand Jury wanted to indict Judge Murphy. We are not asking a second Grand Jury to indict her because the first refused. And it is normal for Alaskan prosecutors to seek a new indictment if a judge dismisses a defective indictment:
“If defense counsel succeeds in his attack, the superior court orders the indictment dismissed. The prosecutor must then begin over again at the grand jury level and hope he does a better job next time–or has better luck. In the recent series of Kenai prosecutions, for example, three different grand juries were convened to hear the same evidence three times repeated.” (The Grand Jury in Alaska, Alaska Judicial Council 1975, page 25) (See also State v. Nitz 684 P.2d 134 (AK 1984) – Nitz was successfully prosecuted after three separate indictments were dismissed, all based on the same evidence.) (State v. Leighton 336P.3d 713 (AK 2014) “Fairbanks district attorney’s office must convene a new grand jury and indict Leighton again if it wants to put her on trial.”) (Zurlo v. State, 506 P.3d 777 (AK Court of Appeals 2022) “A Fairbanks man whose second-degree murder conviction was reversed by the Alaska Court of Appeals (who ruled the indictment was defective) was reindicted on the charge last month, according to court records.”)
We absolutely agree Judge Murphy must be given fair proceedings and a fair trial. If we didn’t, we are no better than a corrupt judge. But allowing a potentially corrupt judge to avoid trial because of technicalities and unconstitutional hurdles created by other judges just adds to our belief of systemic corruption in Alaska’s judicial system – especially when it is routine for individuals whose indictments are dismissed to be re-indicted.
Many Alaskans do not believe there is corruption within our judicial system. Judicial officials foster this belief by calling those asking for a Grand Jury investigation “conspiracy theorists” with “no evidence of corruption.” Judge Murphy is the canary-in-the-coal-mine; potentially proving that corruption does exist. This is especially critical since the Kenai Grand Jury’s report and recommendation on judicial corruption, issued over 10 months ago, seems to have disappeared. Proof of judicial corruption through Judge Murphy’s trial may very well expose and stop a systemic problem that citizens fear is causing untold harm to the public safety and welfare.
If you decide against seeking reindictment, Alaskan citizens have no option but to organize another state-wide courthouse sit-in, to continue even after closing time and arrests, until: (1) the uncensored Kenai Grand Jury report and recommendation is made public and (2) citizens in every city in which Grand Juries are convened in Alaska are allowed to appeal their concerns of corruption (including that described above) directly to a Grand Jury with 18 Grand Jurors and 6 alternates. Why “directly”? Because the Supreme Court inserted these words into Rule 6.1 with SCO 1993 and didn’t remove them with SCO 2000: “A grand jury has the constitutional authority to investigate appropriate matters when properly presented. This, in itself, does not mean that an individual citizen has a right to present any matter directly to the grand jury for consideration.”
Yet this is the on-record, undisputed statement from the 55 Delegates who wrote Alaska’s Constitution:
“The grand jury can be appealed to directly, which is an invaluable right to the citizen.” (Alaska Constitutional Convention transcript page 1328, made on January 6, 1956.)
And the original Alaska Grand Jury Handbook states (these statements have been removed in recent versions):
“A citizen is at liberty to apply to the Grand Jury for permission to appear before it in order to suggest or urge that a certain situation should be investigated by it. Charges of crime may be brought to your attention in several ways: (4) by private citizens heard by the Grand Jury in formal session, with the Grand Jury’s consent. Thus the citizens themselves, by this representative body of Grand Jurors, hold in their own hand the control of the maintenance of law and order throughout the state, through prosecution for crime. The importance of this power cannot be overestimated. Thus a Grand Jury may investigate how officials are conducting their public trust, and make investigations as to the proper conduct of public institutions, such as prisons and courts of justice. This gives it the power to inspect such institutions, and if desired, to call before them those in charge of their operations, and other persons who can testify in that regard. If as a result of such investigation the Grand Jury finds that an improper condition exists, it may recommend a remedy.” (Original Alaska Grand Jury Handbook, pages 5-7 )
Alaskans and All Americans! Join the effort to protect our Constitution! Email Mr. Campion the following:
I hereby join the Alaska Grand Jurors Association’s request that you seek a new indictment of Judge Margaret Murphy. If you do not, I will (join, consider joining, approve, support) a state-wide courthouse sit-in, until the uncensored Kenai Grand Jury report and recommendation is made public, and until citizens in every city in which Grand Juries are convened in Alaska are allowed to appeal their concerns of corruption directly to a Grand Jury with 18 Grand Jurors and 6 alternates.
Most Sincerely,
(name, address, phone number, and email – and please send a copy to AGJA)
SEND THIS TO
Independent Prosecutor Clinton Campion
500 L Street, Suite 500
Anchorage, Ak 99501
(907) 677-3600
Alaska Grand Jurors Association
Waking “The Sleeping Giant”
PO Box 123
Soldotna, AK 99669
(907) 398-6403 text/cell
alaskagrandjurorsassocation.
For more information on civil rights go here Civil Rights Division
Your input is vital to ensure all those seeking justice within the system receive fair and equal justice. No Judge should receive preferential treatment or have their case dismissed on technicalities. Consider if you will that your father, mother, brother, sister, daughter, son or another loved on has the full weight of the law brought down on them with lies as evidence. The case in question where Judge Murphy allegedly lied could be any case. The point is that each tax payer deserves to have the truth and only the truth used to convict them of any charges. We are asking for just that with ex Judge Margaret Murphy.
“Victory at all costs, victory in spite of all terror, victory however long and hard the road may be; for without victory there is no survival.” Winston Churchill (1874-1965)
Please join Alaska Grand Jurors Association by texting your name, email, and phone number to (907) 398-6403 or emailing it to haeg@alaska.net. Sign the Petition and/or donate at websites listed above.)
