GUILTY AK - Sophie Sergie, 20, UAF student, murdered, Fairbanks, 26 April 1993 *Arrest in 2019*

[PayrollNerd]

Oh good - I thought it might be me again... will try later. Thanks!

Yup, as I thought.

Feel sick? Call, don't come! - Alaska Court System
The Alaska Court System (ACS) has temporarily disconnected online services, including the ability to look up case information in CourtView, to remove malware from its servers.

 

[Niner]

Ah! The court site was cyberattacked!!

Alaska courts stymied by cyberattacks, delay hearings in Auburn man's murder case

May 13, 2021
May 13—An Alaska judge postponed court hearings Wednesday for an Auburn man charged in a 1993 rape and murder case, nearly two weeks after a cyberattack forced the Alaska court system off the internet.
[.....]
Christopher Williams, Sun Journal, Lewiston, Maine
Thu, May 13, 2021, 10:47 AM·4 min read
May 13—An Alaska judge postponed court hearings Wednesday for an Auburn man charged in a 1993 rape and murder case, nearly two weeks after a cyberattack forced the Alaska court system off the internet.
[.....]
"The current posture of that is that we are not connected to the internet, intentionally, and this may exist for another few days to a couple of weeks," Fairbanks Superior Court Judge Thomas Temple said Wednesday in a teleconference call from his courtroom.

"I don't know what the result is," he said, but noted, "we will not be able to have a Zoom hearing this week" as planned.
[....]
Lewiston defense lawyer James Howaniec said Wednesday by a phone call into the Fairbanks courtroom with the judge and prosecutors that he was withdrawing three motions he had filed in the case.

He said he was dropping a motion alleging prosecutors violated discovery rules by releasing beyond the deadline and in dribs and drabs the roughly 8,000 pages of evidence and about 100 audio files in the case after Downs' indictment & arrest.
[.....]
Howaniec also told Judge Temple he was withdrawing a motion to exclude all DNA evidence from trial by challenging the collection and testing of the DNA gathered at the crime scene 28 years ago.

see article for motions that are being withdrawn.

Arguments on other motions in which evidence was presented in court earlier this year are expected to be heard through videoconference next month, postponed from Wednesday and Thursday.

One of those motions is whether the judge will allow the defense to introduce alternative suspects at trial.

Another motion planned for argument in June is whether the affidavit filed by police to obtain a search warrant for Downs' home and DNA from his saliva was faulty because it contained misinformation.

 

[Niner]

Okay -Alaska court site is finally up! And lots of updates on the docket.

Docket:
04/13/2021 Motion Withdrawn
Case Motion #20
Defendant's Motion in Limine to Exclude Evidence of Autopsy, Medical Examiner Reports, and DNA

04/13/2021 Order Denying Motion on Record
Case Motion #11
Defendant's Motion in Limine to Exclude Evidence of Defendant's Possession of Weapons

04/19/2021 Defendant's Proposed Statement of Facts
Jesse James Ian Archer (Attorney) on behalf of Steven Harris Downs (Defendant); Frank Eleazar Spaulding (Attorney) on behalf of Steven Harris Downs (Defendant); James P Howaniec (Attorney) on behalf of Steven Harris Downs (Defendant)

04/19/2021 State's Proffer Re: Motion for Sanctions
Case Motion #18: Defendant's Motion for Sanctions and Enlargement of Time to File and/or Supplement Motions
Office of Special Prosecutions (Attorney) on behalf of State of Alaska (Prosecution)

04/19/2021 Defendant's Response to State's Proffer Re: Motion For Sanctions
Jesse James Ian Archer (Attorney) on behalf of Steven Harris Downs (Defendant); Frank Eleazar Spaulding (Attorney) on behalf of Steven Harris Downs (Defendant); James P Howaniec (Attorney) on behalf of Steven Harris Downs (Defendant)
Case Motion #18: Defendant's Motion for Sanctions and Enlargement of Time to File and/or Supplement Motions

04/19/2021 Response to Defendant's Proffer
(Statement of Facts)
State of Alaska (Prosecution); ; Office of Special Prosecutions (Attorney) on behalf of State of Alaska (Prosecution)

04/26/2021 Defendant's Memorandum of Law Regarding Admissibilty of Statements of Kenneth Moto and Karen Moto
Jesse James Ian Archer (Attorney) on behalf of Steven Harris Downs (Defendant); Frank Eleazar Spaulding (Attorney) on behalf of Steven Harris Downs (Defendant); James P Howaniec (Attorney) on behalf of Steven Harris Downs (Defendant)

04/26/2021 State's Supplemental Briefing on Alaska Evidence Rules 803(23) and 804(B)(5)
Attorney: Darnall, John C (1712097)

04/26/2021 Motion to Reconsider and Motion for Written Findings of Facts
Attorney: Spaulding, Frank Eleazar (0006034)
Jesse James Ian Archer (Attorney) on behalf of Steven Harris Downs (Defendant); Frank Eleazar Spaulding (Attorney) on behalf of Steven Harris Downs (Defendant); James P Howaniec (Attorney) on behalf of Steven Harris Downs (Defendant)
Filing Party: Downs, Steven Harris
Case Motion #28

04/28/2021 State's Supplemental Briefing on Alaska Evidence Rules 803(23) and 804(B)(5)
Attorney: District Attorney (4FA) (DA4FA)

05/04/2021 Order Denying Motion
Case Motion #28
Motion to Reconsider and Motion for Written Findings of Facts

05/05/2021 Order

05/12/2021 Motion Withdrawn on Record
Case Motion #10
Defendant's Motion in Limine to Exclude Evidence or Opinion Testimony Pertaining to the Timeframe that DNA Came into Contact with the Victim

05/12/2021 Motion Withdrawn on Record
Case Motion #12
Defendant's Motion in Limine to Exclude all Evidence of DNA

05/12/2021 Motion Withdrawn on Record
Case Motion #18
Defendant's Motion for Sanctions and Enlargement of Time to File and/or Supplement Motions



Hearings:
05/13/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Hearing Vacated Temple, Thomas I

06/07/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Temple, Thomas I

12/02/2021 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court Temple, Thomas I

12/07/2021 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call Temple, Thomas I

12/20/2021 02:45 PM Courtroom 404, Fairbanks Courthouse Pre-Trial Conference Temple, Thomas I

01/03/2022 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week Temple, Thomas I

link: https://records.courts.alaska.gov/e...5DguqNR-MjDt93xslTWe8GI7tqN1gCQi4NrZstwHhNilQ

 

[Niner]

Well Shizzle.... the court site is down again for me - @PayrollNerd can you access it? I was trying to check & see if hearing for Sophie's case is still on for Monday, 6/7

4th Judicial District #4FA-19-00504CR

TIA!

 

[PayrollNerd]

I don't see anything dated beyond 5/12/2021 listed under either one.

4th Judicial District #4FA-19-00504CR

https://records.courts.alaska.gov/e...EhJ6e9krIziqIxGzk-AzpBrZfRl1iO8KfQLAAwAfKbPrg



Here is a clip of the first case listed. They both have the same ID number which is weird.


04/28/2021 State's Supplemental Briefing on Alaska Evidence Rules 803(23) and 804(B)(5) Attorney: District Attorney (4FA) (DA4FA)
05/04/2021 Order Denying Motion Case Motion #28 Motion to Reconsider and Motion for Written Findings of Facts
05/05/2021 Order
05/12/2021 Motion Withdrawn on Record Case Motion #10 Defendant's Motion in Limine to Exclude Evidence or Opinion Testimony Pertaining to the Timeframe that DNA Came into Contact with the Victim
05/12/2021 Motion Withdrawn on Record Case Motion #12 Defendant's Motion in Limine to Exclude all Evidence of DNA
05/12/2021 Motion Withdrawn on Record Case Motion #18

 

[PayrollNerd]

Here is the second case listed - same info it seems.

4th Judicial District #4FA-19-00504CR

https://records.courts.alaska.gov/e...EhJ6e9krIziqIxGzk-AzpBrZfRl1iO8KfQLAAwAfKbPrg

Here is a clip of the docket.


04/28/2021 State's Supplemental Briefing on Alaska Evidence Rules 803(23) and 804(B)(5) Attorney: District Attorney (4FA) (DA4FA)
05/04/2021 Order Denying Motion Case Motion #28 Motion to Reconsider and Motion for Written Findings of Facts
05/05/2021 Order
05/12/2021 Motion Withdrawn on Record Case Motion #10 Defendant's Motion in Limine to Exclude Evidence or Opinion Testimony Pertaining to the Timeframe that DNA Came into Contact with the Victim
05/12/2021 Motion Withdrawn on Record Case Motion #12 Defendant's Motion in Limine to Exclude all Evidence of DNA
05/12/2021 Motion Withdrawn on Record Case Motion #18 Defendant's Motion for Sanctions and Enlargement of Time to File and/or Supplement Motions

 

[Niner]

Thanks @PayrollNerd - I'll check back in - in about a week!

 

[Niner]

Monday, June 7th:
*Evidentiary Hearing (@ 8:30am AKST) – AK – Sophie Sergie (20) (April 26, 1993, Fairbanks) - *Steven Harris Downs (18 @ time of crime/44/now 46) arrested (in Auburn, Maine), charged (2/15/19), indicted (3/14/19) & arraigned (8/6/19 & 8/14/19) with 1st degree intentional murder & 1st degree sexual assault. Plead not guilty. Held without bond, changed to $1M (8/6/19). Bond changed (8/16/19) to $550K.
DNA GEDMatch/Parabon Nanolabs (Single Nucleotide Polymorphism (SNP)). The Downs case may be the first real test of the limits of DNA forensics in criminal prosecutions — that this case may even reach the U.S. Supreme Court.
Trial set to begin on 1/3/22. (will last about 7 weeks)
Court information from 2/19/19 thru 4/13/21 reference post #116 here:
AK - Sophie Sergie, 20, UAF student, murdered, Fairbanks, 26 April 1993 *Arrest in 2019*
5/12/21 Update: The Alaska court site was cyber attacked. Hearing for 5/12/21 was cancelled. Lewiston defense lawyer James Howaniec was withdrawing three motions he had filed in the case. He said he was dropping a motion alleging prosecutors violated discovery rules by releasing beyond the deadline & in dribs and drabs. Motion to exclude all DNA evidence from trial by challenging the collection & testing of the DNA gathered at the crime scene 28 years ago. The third motion Howaniec was withdrawing was aimed at determining the timing in which Downs' DNA came into contact with the victim, whether that happened before she was killed or at the time she was killed. Arguments on other motions in which evidence was presented in court earlier this year are expected to be heard through videoconference next month, postponed from Wednesday [5/12/21] & Thursday [5/13/21]. One of those motions is whether the judge will allow the defense to introduce alternative suspects at trial. Another motion planned for argument in June is whether the affidavit filed by police to obtain a search warrant for Downs' home & DNA from his saliva was faulty because it contained misinformation. Howaniec also will be arguing to dismiss the indictment charging his client because, among other problems, the state's witness recanted her grand jury testimony at a hearing earlier this year.
4/13/21: Motion withdrawn (Mtn #20): defendant's motion in Limine to exclude evidence of autopsy, medical examiner reports and DNA; Order denying motion on record (Mtn #11): Defendant's motion in Limine to exclude evidence of defendant's possession of weapons. 4/19/21: Defendant's proposed statement of facts. Jesse James Ian Archer, Frank Eleazar Spaulding & James P. Howaniec attorneys on behalf of Downs. State's proffer re: Motion for Sanctions. Motion #18: Defendant's Motion for sanctions & enlargement of time to file and/or supplement motions office of special prosecutions (attorney) on behalf of the State. Defendant's response to State's proffer re: motion for sanctions (Mtn #18). Response to defendant's proffer. 4/26/21: Defendant's memorandum of law regarding admissibility of statements of Kenneth Moto & Karen Moto. State's supplemental briefing on Alaska evidence rules 803(23) & 804(B)(5). Motion to reconsider & motion for written findings of facts by defendant (motion #28). 4/28/21: State's supplement briefing on Alaska evidence rules 803(23) & 804 (B)(5). 5/4/21: Order denying motion #28. 5/5/21: Order: motion withdrawn on record motion #10. 5/12/21: Motion withdrawn on record (motion #12): defendant's motion in Limine to exclude all evidence of DNA. Motion withdrawn on record (motion #18): defendant's motion for sanctions & enlargement of time to file and/or supplement motions. 5/13/21 Update: Evidentiary hearing was vacated. Next evidentiary hearing on 6/7/21.

 

[PayrollNerd]

Here is the Event tab that I missed before. Both the listings are the same on the Event tab, Charge tab and Docket tab.
4FA-19-00504CR
https://records.courts.alaska.gov/e...U5WjvY7KVHtd7mtZ1HIrTFUk99d55AynKxNBR84QWNorw



Events

Date/Time Location Type Result Event Judge
01/03/2022 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week
Temple, Thomas I
12/20/2021 02:45 PM Courtroom 404, Fairbanks Courthouse Pre-Trial Conference
Temple, Thomas I
12/07/2021 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call
Temple, Thomas I
12/02/2021 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court
Temple, Thomas I
06/07/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing
Temple, Thomas I
05/13/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Hearing Vacated Temple, Thomas I
05/12/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Hearing Continued Temple, Thomas I

 

[Niner]

Hate to bother you again @PayrollNerd - but the court site is down for me today or it just won't let me access it.
Was wondering if there was a hearing before the 12/2/21 one?

TIA!

 

[PayrollNerd]

Here is the Event tab for the first case ID listed (they are both the same).
4FA-19-00504CR
https://records.courts.alaska.gov/e...QD44NoExLgjz-tYr4utlafhfLaVyDFZyMWaYLZlzahgTw



Events

Date/Time Location Type Result Event Judge
01/03/2022 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week
Temple, Thomas I
12/20/2021 02:45 PM Courtroom 404, Fairbanks Courthouse Pre-Trial Conference
Temple, Thomas I
12/07/2021 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call
Temple, Thomas I
12/02/2021 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court
Temple, Thomas I
07/08/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing
Temple, Thomas I
06/07/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Hearing Continued Temple, Thomas I

 

[PayrollNerd]

Here is the Docket tab for first case ID listed (they are both the same).
4FA-19-00504CR

https://records.courts.alaska.gov/e...QD44NoExLgjz-tYr4utlafhfLaVyDFZyMWaYLZlzahgTw




Docket Information

Date Docket Text
05/12/2021 Motion Withdrawn on Record Case Motion #10 Defendant's Motion in Limine to Exclude Evidence or Opinion Testimony Pertaining to the Timeframe that DNA Came into Contact with the Victim
05/12/2021 Motion Withdrawn on Record Case Motion #12 Defendant's Motion in Limine to Exclude all Evidence of DNA
05/12/2021 Motion Withdrawn on Record Case Motion #18 Defendant's Motion for Sanctions and Enlargement of Time to File and/or Supplement Motions
05/05/2021 Order
05/04/2021 Order Denying Motion Case Motion #28 Motion to Reconsider and Motion for Written Findings of Facts
04/28/2021 State's Supplemental Briefing on Alaska Evidence Rules 803(23) and 804(B)(5) Attorney: District Attorney (4FA) (DA4FA)

 

[PayrollNerd]

Here is the 2nd case ID Event tab.
4FA-19-00504CR

https://records.courts.alaska.gov/e...QD44NoExLgjz-tYr4utlafhfLaVyDFZyMWaYLZlzahgTw



Events

Date/Time Location Type Result Event Judge
01/03/2022 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week
Temple, Thomas I
12/20/2021 02:45 PM Courtroom 404, Fairbanks Courthouse Pre-Trial Conference
Temple, Thomas I
12/07/2021 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call
Temple, Thomas I
12/02/2021 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court
Temple, Thomas I
07/08/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing
Temple, Thomas I
06/07/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Hearing Continued Temple, Thomas I
05/13/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Hearing Vacated Temple, Thomas I
05/12/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Hearing Continued Temple, Thomas I
04/13/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Hearing Continued Temple, Thomas I
04/12/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Hearing Continued Temple, Thomas I

 

[PayrollNerd]

Here is the 2nd case ID Docket tab.
4FA-19-00504CR

https://records.courts.alaska.gov/e...QD44NoExLgjz-tYr4utlafhfLaVyDFZyMWaYLZlzahgTw



Docket Information

Date Docket Text
05/12/2021 Motion Withdrawn on Record Case Motion #10 Defendant's Motion in Limine to Exclude Evidence or Opinion Testimony Pertaining to the Timeframe that DNA Came into Contact with the Victim
05/12/2021 Motion Withdrawn on Record Case Motion #12 Defendant's Motion in Limine to Exclude all Evidence of DNA
05/12/2021 Motion Withdrawn on Record Case Motion #18 Defendant's Motion for Sanctions and Enlargement of Time to File and/or Supplement Motions
05/05/2021 Order
05/04/2021 Order Denying Motion Case Motion #28 Motion to Reconsider and Motion for Written Findings of Facts
04/28/2021 State's Supplemental Briefing on Alaska Evidence Rules 803(23) and 804(B)(5) Attorney: District Attorney (4FA) (DA4FA)

 

[PayrollNerd]

Here are the two case IDs with a few columns that are different.

 

[Niner]

Thanks a bunch @PayrollNerd - looks like the 2 cases say the same thing. So next time you just need to post one of them - it will save you time!

 

[Niner]

Thursday, July 8th:
*Evidentiary Hearing (@ 8:30am AKST) – AK – Sophie Sergie (20) (April 26, 1993, Fairbanks) - *Steven Harris Downs (18 @ time of crime/44/now 46) arrested (in Auburn, Maine), charged (2/15/19), indicted (3/14/19) & arraigned (8/6/19 & 8/14/19) with 1st degree intentional murder & 1st degree sexual assault. Plead not guilty. Held without bond, changed to $1M (8/6/19). Bond changed (8/16/19) to $550K.
DNA GEDMatch/Parabon Nanolabs (Single Nucleotide Polymorphism (SNP)). The Downs case may be the first real test of the limits of DNA forensics in criminal prosecutions — that this case may even reach the U.S. Supreme Court.
Trial set to begin on 1/3/22. (will last about 7 weeks).
Court information from 2/19/19 thru 5/5/21 reference post #129 here:
AK - Sophie Sergie, 20, UAF student, murdered, Fairbanks, 26 April 1993 *Arrest in 2019*
5/12/21: Motion withdrawn on record (motion #12): defendant's motion in Limine to exclude all evidence of DNA. Motion withdrawn on record (motion #18): defendant's motion for sanctions & enlargement of time to file and/or supplement motions. 5/13/21 Update: Evidentiary hearing on 5/12/21 was vacated. Next evidentiary hearing on 6/7/21.
5/12/21: Motion withdrawn on record case Motion #10 defendant's motion in Limine to exclude evidence or opinion testimony pertining to the timeframe that DNA came into contact with the victim. 6/7/21 Update: Next evidentiary hearing on 7/8/21.

 

[Niner]

Hey @PayrollNerd - when you have time - no rush - wondering if there is a hearing before the December one? You can check this one - as they both cases say the same thing.

4th Judicial District #4FA-19-00504CR

TIA!

 

[PayrollNerd]

Hey @PayrollNerd - when you have time - no rush - wondering if there is a hearing before the December one? You can check this one - as they both cases say the same thing.

4th Judicial District #4FA-19-00504CR

TIA!

It formats kinda wonky so I did screen clips too.

https://records.courts.alaska.gov/e...kGuxSEkp8JzMQhGvV6Tc5ijtbkDz1HrufZK0eoYgn0trQ
4FA-19-00504CR

Events

Date/Time Location Type Result Event Judge
01/03/2022 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week
Temple, Thomas I
12/20/2021 02:45 PM Courtroom 404, Fairbanks Courthouse Pre-Trial Conference
Temple, Thomas I
12/07/2021 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call
Temple, Thomas I
12/02/2021 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court
Temple, Thomas I
08/09/2021 02:45 PM Courtroom 404, Fairbanks Courthouse Status Hearing
Temple, Thomas I
07/08/2021 08:30 AM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Hearing Vacated Temple, Thomas I

 

[Niner]

Thanks a bunch @PayrollNerd !