The fight for justice
Thomas Garber was a husband and a father who saw his family destroyed by OCS. Like most people he was seeking help through legal means. The avenues were closed one by one like slamming doors in his face. The fall out was the destruction of a family. Mr. Garber is not a rich man. He has limited income and was wrongfully denied his right to address these wrongs simply due to his economic handicap.
Who represents the court system
Meanwhile the superior court justice, the subject of this legal action by Thomas Garber, is well represented. Their attorney Thomas Amodio a graduate of Berkley Law, has been practicing since 1985. The unequal representation speaks loudly about the injustices that brought about this action in the first place.
The witnesses
Thomas Garber introduced three grand jurors who had previously served on grand juries. All three jurors were dismissed before being allowed to do what the law indicated they are required to do as jurors. None of the evidence they were presenting for investigations were allowed to be presented to the grand jury. These jurors were refused by the court system that now sits in recess deciding whether or not Alaskans are being deprived of this Constitutional right.
Outside of those three witnesses others have also experienced denial of constitutional rights. One person not allowed to present evidence to a grand jury was writer David Ignell. It would seem not even investigative journalists may question the judicial system.
The second was a man name Ray Southwell, who also reported being kicked out of a grand jury for attempting to submit evidence for investigation. He tried to present the grand jury with exculpatory evidence but was told he could not. Judge Jennifer Wells prevented him from doing this through intimidation against statute. He specifically stated in his affidavit that he was careful to study the last page of the Original Alaska Grand Jurors Handbook . He complied with each instruction. He noted that during speaking to other grand jurors the clerk turned off the illegally turned off the recording. Clearly the ethics of the court system need external oversite. All this begs to ask was Judge Jennifer Wells ever investigated by the sole judicial investigator Marla Greenstein? If so what came of that investigation?
Another person who was denied was Representative Tammie Wilson who resigned from the legislature to work for OCS after years of battling them. She also called for a grand jury investigation into OCS and was likewise denied by Alaska’s very own attorney general. Tammie Wilson decided her best chance at promoting change was to do it from within OCS. As a former legislator she was familiar with the negative tactics and the collusion with the judicial system, and impacts to Alaska families. She referred to OCS tactics as “legal kidnapping.” Miss Wilson was determined to help fix the system. This failure to be able to present evidence for an investigation of OCS is what prompted Thoamas Garber to set upon a course that has brought him here in front of the Alaska Supreme Court as a pro se litigant. He is fighting against a massive corrupt system. Sadly none of this fight can repair the damages done to his family by a system paid for by taxpayers.
The actions of a hero
Thomas Garber has done what very few people can do. He represented himself pro se and made it to the Supreme Court for the State of Alaska. On July 30th medically retired sheet metal worker Thomas Garber presented oral arguments in front of Alaska State Supreme Court. KTOO carried some video on their website of the presentation. After bringing concerns about OCS to the state ombudsman’s office and being turned away, Mr. Garber filed suit. He used all avenues available to get help and at each attempt was turned away. Under AS 12.55.220 the Ombudsman office does have the right to bring concerns of public welfare and safety to the grand jury. This has also been supported by former Representative Tammie Wilson in 2016 when she asked for a grand jury investigation of OCS.
Mr. Garber has some medical issues that make earning a living harder. So Thomas Garber did the work. Since he was not able to afford an attorney he wrote all the briefs, did all the legal research and spent years fighting for justice. Like many other families destroyed by OCS he is seeking to correct a problem created by an inaccessible court system. Justice is not equal for all. Justice is not affordable. Legal rights of families are violated every day so he asked a court system for review of his families rights. In the end not only was justice prevented for the issues created by OCS but by the legal system itself. David Ignell wrote, “since statehood, Alaska citizens have had the absolute right to approach judges or grand juries themselves to request investigations.” The question begging to be answered in Thomas Garbers case is did the Alaska Supreme COurt Justices collude with the Department of Law? Have they placed themselves and the system above the reach of the people.
Other Cases
Some of the cases for potential investigation relate to OCS, the Thomas Mack Jr. case (Hoonah), Judge Josh Kindred (held conflicts in 23 cases) and any investigation by Marla Greenstein the only judicial investigator for Alaska for the last 35 years. There are so many cases that have been denied that the impact may amount to millions in damages if the truth were ever investigated by a grand jury. They would also likely result in a lot of questions about Alaska’s only judicial investigator. It would seem that the system that levies justice is indeed protecting itself by preventing grand jurors from being given certain evidence. More cases exist that need to be looked at by grand juries because the judicial system is in need of independent and external oversight to protect ethical integrity.
Now Thomas Garber waits. He waits like all members of Alaska Grand Jurors Association to see if equal access to justice will be protected. He waits to see if Article I Section 8 of the Alaska State Constitution will be upheld. The cost is not just to Mr. Garber but to all Alaskans seeking justice in a system that is locking out justice for all. The story in Must Read Alaska gives a concise background for why Mr. Garber took the road to the Alaska Supreme Court. This clearly is an issue that could impact any family in Alaska. Alaska Grand Jurors Association supports the work Mr. Garber is doing to protect our constitutional right to grand jury investigation. We all wait to see if the judges will ethically be able to rule on a case against them. Thomas Garber is a hero in so many ways. We hope you join us in reading some of the stories written about his efforts to pursue justice in a system that keeps those without financial stability on unequal ground.
Impact to you and the community
Are you thinking this is a minor matter? Are you wondering what the impact is to you. A good example of just how this could affect you can be found by reading the stories about Judge Josh Kindred. There are those who say David Ignell as a writer is biased so this writer purposely posted a link to the nationally accredited NPR story on Kindred. I will as an educated Alaskan say this story is not written with AI assistance, nor is it politically slanted. It simply points out that justice is a right of all people and we the people are being denied that right. Just how many cases can bad judicial conduct affect? Could your case be one of those impacted? The questions must be asked and answered if justice is to be protected. It is never too late to get educated or involved. Your case could be next. People who are not involved in any legal proceedings may question whether they should take note of this and brush it off. They may think it does not impact or pertain to them. However, Judicial corruption or misconduct impacts and pertains to every person.
The fall out of Judicial failure is paid through the destruction of families, increase in foster care, incarceration, payments to judges, education, elections and more. Think about the case of Josiah Goecker, murdered for simply doing his job. He left behind a pregnant wife, a hurting family and a brother, Jared Goecker, now running for office to promote changes and ethics in the judicial system. WHY? Because even in a clear case of murder the courts have been inept. What would you be willing to do to protect the ethics of a system meant to serve and protect your community?
AGJA stands behind men and women of grand juries, Article I Section 8 of the Alaska State Constitution empowering grand juries, and people like Thomas Garber who have to fight for justice from the system that should be equally accessible to all. The gatekeeper for questioning our legal system should not be the Attorney General Office, according to the State of Alaska Constitution we the people have the right to present evidence to grand juries. This was specifically protected because the founding fathers of our constitution knew the judicial system to include the one investigator could not and should not police themselves with any credibility. We are asking you to join us for some upcoming meetings and get to know how a corrupt or unchecked judicial system might impact you.
