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Mystery ballot for Kathryn Dodge will count, Election officials say

BALLOT THAT APPEARED FRIDAY WAS FOR THE DEMOCRAT

A mystery ballot that showed up long after all other ballots were counted, including six that were counted without observers present, is also going to be counted, according to sources familiar with the Division of Elections. That ballot tips the win.

That ballot was cast for Kathryn Dodge, the Democrat vying for the seat that was vacated by Sen.-elect Scott Kawasaki in Fairbanks.

Sources tell Must Read Alaska that the ballot came from Precinct 6 in District 1. For whatever reason, it was not read on Election night. It didn’t show up until several days later. The Division has issued no explanation yet.

Last Wednesday, the Election Review Board found six more votes, and in one day, the five-vote lead that Bart LeBon had was shrunk to a tie.

[Read: Absentees counted but race still tied]

The mystery ballot showed up on Friday, and over the weekend Election officials decided it would count.

They knew that when they made that decision they were adding a vote to Democrat Kathryn Dodge, because they saw the ballot.

The chain of custody of that ballot is what concerns Bart LeBon, the Republican in the race. “Standard procedure for election workers to place it in a secrecy sleeve for processing. Was it forgotten? Does the chain of custody pass the red-face test?”

LeBon first found out about the ballot late Friday. He was not in Juneau, but his opponent Dodge was, and was overseeing the process along with Democrat Sen.-elect Jesse Kiehl of Juneau.

“We were tied. My understand is we were heading for recount and coin toss. Then this ballot materialized. The explanation is that it was set aside in a location at the polling place in Precinct number 6. So what journey did that ballot follow to get to the Division of Elections in Juneau? Who handled it? It’s the integrity of that ballot that concerns me,” LeBon said.

The Division had on Friday described the ballot as “loose with questioned ballot materials that had been placed in the emergency slot of the OS (optical scan) machine, but there was no questioned ballot envelope to account for the ballot.”

On Monday, the Division of Elections will certify the election. At that point, the Division will declare Dodge the winner by one vote, 2,662-2661. On Friday, the Division will conduct a recount of that district.

This story will be updated.

Mayhem week includes arrest of Maquire Levi — again

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THREE HOTS AND A COT FOR THREE; ONE DEAD

The third week in November in Southcentral Alaska started with bullets and ended with them.

But in between the bullets, a man who had been arrested twice before in November for car theft and eluding officers was arrested once again for car theft. And another man, wielding a machete, ended up shot dead by police.

SUSPECT CARLOS HOLT III

Carlos Holt III

On Nov. 18, Carlos Holt III reportedly shot a woman in the parking lot of the Black Angus Inn, at 14th Avenue and Gambell Street.

The woman was located by officers at 15th and Denali with a gunshot to her torso.

Holt, 53, eventually turned himself in after seeing a police Nixle alert that named him as the suspect; he was charged with assault 3, and misconduct involving a weapon 3. Holt has a long rap sheet in Alaska.

CATCH AND RELEASE: MAGUIRE MALO LEVI

Maquire Malo Levi

At 2:37 am on Nov. 21, Anchorage Police responded to a condominium parking lot on the 6900-block of Meadow Street to investigate a person with a flashlight who was reportedly pounding on the steering column of a 2004 GMC pickup. The caller thought the suspect was stealing the vehicle.

Officers spotted the pickup and a green Jeep Cherokee parked next to it. Officers blocked the jeep and arrested 22-year-old Hans M. Wells and 21-year-old Maquire M. Levi.

Police found meth and shotgun shells on Wells, and two shotguns were in plain sight inside the jeep. One had a sawed-off barrel and was illegal. The Jeep’s ignition was stripped and “punched,” indicating it was also stolen.

Maguire Levi has had other brushes with the law this month.

On Nov. 1,  an Anchorage police officer tried to stop his vehicle at E. 13th Avenue and Hyder Street. Levi was driving a white Ford pickup, and sped from the scene. Later, another officer spotted the vehicle at C Street and W. Dimond Blvd, Police chased Levi, who attempted to flee by driving his vehicle into oncoming traffic.

That’s when an officer used the push bumper of his patrol car to make contact with the rear tire of the pickup, which then spun out and was blocked in by two more patrol cars. Levi exited the truck and ran off, but the chase ended when he encountered a fence he could not scale. Police charged him with felony eluding and reckless driving.

But he was quickly released.

On Nov. 14, a citizen called police to report his 2017 Chevy Silverado rental truck had been stolen from a hotel parking lot on Spenard Road. Police located the vehicle being driven in the Fairview neighborhood. The suspect, Levi, crashed the truck into a light pole at 15th Avenue and Airport Heights Drive, and escaped on foot. He was tracked with the help of a K9 and was discovered hiding behind some trash cans. He was bitten on the arm by the K9 after not responding to officers’ commands.

Levi was booked in the Anchorage Jail and charged with vehicle theft I, violation of conditions of release for a felony, violation of conditions of release for a misdemeanor, theft II, failure to stop, reckless driving, and leaving the scene of an accident. He was out on bail.

His latest incident has landed him in jail again. He has five open criminal cases pending against him from November alone.

CAMERON MCCARTHY, NOW DECEASED 

Cameron McCarthy

The next major incident happened in Palmer on Thanksgiving Day, when a young man wielding a machete was eventually shot by law enforcement officers as he tried to enter an occupied apartment at Evergreen and Dimond.

Cameron McCarthy, 20, had been in a standoff with Palmer Police, who called Alaska State Troopers for backup. McCarthy was acting strangely and at one point climbed out of a window at the Eagle Hotel and onto the building’s sign, attached to the wall. McCarthy had multiple warrants for various misdemeanors, which is why police were trying to arrest him.

MORE SHOTS FIRED, ASSAILANTS UNKNOWN

On Friday, Nov. 23, Anchorage police were called to an apartment complex at Rusty Allen Place, near the Tikahtnu Commons off of Glenn Highway, where people reported that shots came from a vehicle either on Boundary Avenue or the highway. A bullet went through the apartment exterior and struck one of the people inside. Another bullet went into a second apartment, but no one was hit.

SUSPECT FUE YANG

Fue Yang

The mayhem in Anchorage continued on Saturday evening at 12th Avenue and Gambell Street, when gunfire broke out and two people ended up injured, one with a bullet in the torso and the other with a cut to the head.

The suspect, 41-year-old Fue Yang, is in custody.

“Initial indications are that the suspect and [one victim] got into some type of altercation outside,” police wrote. “Victim #2 attempted to break up the fight; the suspect pulled a gun and shot [that victim] in the torso. During the incident victim 1 received a laceration to the head; what caused that injury is still being determined.”

Both victims were taken to a hospital with non-life-threatening injuries.

New Alaska driver’s license is Real ID compliant

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AVAILABLE IN JANUARY, MANDATORY IN 22 MONTHS

It’s going to be a busy year at the DMV in 2019.

The new driver’s licenses, which are compliant with the federal Real ID requirements, are being made available Jan. 2. And you’ll need to get your entire ID act together in order to get one.

Alaska’s Division of Motor Vehicles released the redesign of the Alaska driver’s license and ID cards earlier this month The new IDs are made of polycarbonate and have higher-level protections against counterfeiting.

Polycarbonates are tough materials that are engineered plastic that has the ability to house complex optical features, is high impact-resistant and doesn’t scratch easily, making them well-suited for scraping ice. Some of the ink used on the new license changes colors as you move it in the light.

Veterans will also have the opportunity to have their designation on the front of the license or ID card.

Starting Oct. 1, 2020, Alaska residents will need to present a REAL ID compliant license/ID, or another acceptable form of identification, for accessing federal facilities, entering nuclear power plants, and boarding commercial aircraft.

However, to get a REAL ID card, you’ll not just be trading in your old driver’s license or ID. You must present one identity document, which shows your date of birth, true full name, identity and U.S. citizenship or lawful status, such as a passport or birth certificate.

The State of Alaska Real ID checklist is available at this link.

Getting the new Real ID might be costly for those who don’t have passports already, or for those who are not in possession of their birth certificate or other documentation. Passports cost about $145; Alaska birth certificates cost about $30. The driver’s license itself is $20. If you need a birth certificate and a new license, you’ll be out $50.

At the time the Real ID act was passed in 2005 and standardized enhanced identification across the states, it was criticized as a form of national ID, something privacy advocates and civil libertarians say is unconstitutional, because identification should be the province of the states, not the federal government.

[Read: Cato Institute discussion of the issues with Read ID]

Dunleavy plans swearing-in trip via snow machine

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The transition team for Gov.-elect Mike Dunleavy says that if weather permits, Dunleavy will travel from Kotzebue to Noorvik on Monday by snow machine for his swearing-in ceremony. Judge Paul Roetman is planning to travel with him. Otherwise, the two will arrive by a 10 am air charter.

The forecast for the area is for snow showers, with a high of 31 and a low of 19 degrees. There are only three hours and 21 minutes of daylight in Noovik on Monday.

The swearing-in ceremony for both Dunleavy and Lt. Gov.-elect Kevin Meyer is scheduled for 11:55 a.m., at the Aqqaluk High School and Noorvik Elementary School gymnasium. The event is open to the public but seating is very limited.

The ceremony is scheduled to end by 12:30 pm and a community celebration will follow.

Dunleavy and his family will depart Noorvik via air charter, and Gov. Bill Walker and Lt. Gov. Valerie Davidson will be flying both in and out on the King Air, a plane belonging to the Alaska State Troopers.

Judge Roetman serves in the Second District Superior Court in Alaska. He was appointed in July 2010 by Governor Sean Parnell.

Try the ‘The Creepy Line’ experiment yourself

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GOOGLE, FACEBOOK BIAS TOPIC OF NEW DOCUMENTARY

If you don’t try this yourself, you’re not likely to believe it:

Into the Google search box, type the words “top races Republican,” and Google will helpfully suggest you are looking for the word “racist,” not races.

Then, type in “top races Democrat” and Google will suggest the best places to donate to Democrats.

The bias of Google and Facebook are much discussed in conservative circles, but it’s anecdotal. Conservatives already self-edit for social media platforms to avoid having their accounts suspended or banned. Conservatives talk about how their accounts were suspended by Facebook or about conservatives who are banned by Twitter.

Alex Jones of Infowars is the most famous recent example of a conspiracy theorist who has been kicked off the social media platforms of Facebook and Twitter.

Laura Loomer is a more recent example: She is a Jewish activist who had 260,000 followers on Twitter. But she’s a critic of Islam. When she criticized the religion of newly elected Minnesota Congresswoman Ilhan Omar (D-Minn.) and her Muslim faith for being homophobic and anti-woman, Loomer was banned from Twitter permanently.

https://www.youtube.com/watch?v=mjWOwyLoqds&feature=youtu.be

Now, a new documentary explores the bias of Google and Facebook, and with the acceleration of the bans on conservative speech, it’s worth a look.

The Creepy Line documentary explores the difference between “fake news,” which is a visible form of propaganda, with the more pervasive ranking of information by Google and Facebook.

The title of the film comes from a comment made by Eric Schmidt, former CEO of Google, who said, “There’s what I call the ‘creepy line,’ and the Google policy about a lot of these things is to get right up to the creepy line but not cross it.”

The Creepy Line documentary premiered in New York and Washington, D.C. in September, and is scheduled for release this month in select theaters and is now available through Amazon and iTunes.

Robert Epstein, one of the principals in the documentary, explains that, “Google crosses the creepy line every day”.

Epstein has a PhD in psychology from Harvard University and is the former editor of Psychology Today. He is at times a commentator for National Public Radio’s Marketplace program, and is a prolific author who has gotten into very public scrapes with Google over its bias.

In 2012, Epstein blasted Google for a security warning places on links to his website. The warnings blocked his site for serving what Google said was malware.

He continues to say that Google’s search engine manipulation is a problem serious enough that it could rig a presidential election.

“Perhaps the most effective way to wield political influence in today’s high-tech world is to donate money to a candidate and then to use technology to make sure he or she wins. The technology guarantees the win, and the donation guarantees allegiance, which Google has certainly tapped in recent years with the Obama administration,” he said.

The documentary also interviews psychologist and University of Toronto Professor Jordan B. Peterson; and Peter Schweizer, an investigative journalist, author, and political consultant, who is president of the Government Accountability Institute, on the topics of data privacy, neutrality, and the steering of the political conversation.

Whether Google and Facebook should be regulated is a question that the independent filmmaker, M.A. Taylor, doesn’t try to address, but hopes the film opens up the conversation about how much control Google has over us, when our very lives have been made into the commodity that Google has monetized for the benefit of its shareholders.

Google does steer business, that much is established. In 2017, the company was penalized with a record fine from the European Union for promoting its own shopping comparison service at the top of search results. The fine was $2.42 billion, which is the amount of profit that Google’s parent company, Alphabet, made during the first five weeks of 2017.

“These guys are integrated into our everyday life. So if you come along and break up a Google, what does that mean for all the platforms that link all of our communications together,” M.A. Taylor said in a recent interview with The Christian Post.

“This isn’t a Standard Oil. Or a Microsoft, even. This is a company where we are the actual product. I would say that we don’t know, but we need to start evaluating and this film is really the beginning of that conversation.”

This is routine, Gov. Walker

OUTGOING GOVERNOR IS OUT OF LINE

The incessant moaning and wailing over Gov.-elect Mike Dunleavy’s request that Alaska’s temporary state workers tender their resignations and reapply for their jobs might make you think this is new thing. It is not – and it is overdue.

The routine request was sent out to 800 or so “at will” workers who are exempt from the State Personnel Act and the State Pay Plan, or folks who serve at the governor’s pleasure. None of that means all the workers will be let go.

That about-to-be-former Gov. Bill Walker is bemoaning Dunleavy’s action is nothing short of ludicrous. Walker did the same thing when he assumed office, sending out about 250 or so requests for resignations from higher-level exempt employees.

Such requests are made at every level of state and local government; they are made at the federal level. The new guy, after all, has a right to have his own people working for him. Period.

“At will” employees, some who possess a particular expertise, or others who simply are political hangers-on with friends in high places, know going into the job it is temporary; that it could end with the election of a new boss. That Dunleavy asked for the resignations and new applications should have been expected. If affected workers want want to retain their jobs, they should reapply.

While such shakeouts are good for the incoming administration, they are good for the public, too. Political parties and special interests love to see their own embedded deep in government to affect executive policy or its execution. That does not always lead to better government.

Giving the new governor a chance to field his own team, from top to bottom, is good for him – and the rest of Alaska.

Absentees audited, but District 1 still tied

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The State Election Review Board on Friday reviewed all absentee ballots from House District 1, Fairbanks, with the exception of one ballot which is currently being investigated further to determine whether or not it will be counted.

Candidates Bart LeBon and Kathryn Dodge remain tied with 2,661 votes each after a review of about 600 absentees. The one questioned ballot has some irregularities about it, described by the Division as “loose with questioned ballot materials that had been placed in the emergency slot of the OS (optical scan) machine, but there was no questioned ballot envelope to account for the ballot.”

Who had access to that emergency slot and why there was a ballot placed in it brings into question a “chain of custody” question that could invalidate that ballot.

If the tie is certified, the division will conduct a recount in the director’s office in Juneau on Friday, November 30 at 10 a.m.

If the results of the recount re-confirm the tie, the prevailing candidate will be determined by lot under AS 15.15.460 and AS 15.20.530. That is indicated to be “by lot,” which is often conducted by a coin toss.

Friday’s audit of absentee ballots in Juneau was observed by Democrat candidate for District 1, Kathryn Dodge. The other Democratic observer was the winner of Senate Seat Q Juneau, Jesse Kiehl. There were no Republican observers who showed up for the audit.

Earlier this week, an audit of regular ballots yielded five more for Democrat Dodge and one more for Republican LeBon, bringing the race to a tie. Today’s audit of the absentees left that result unchanged.

Monday is when the Nov. 6 election will be certified, and then the recount of the District 1 race will be scheduled for Friday.

 

Listicle: How much does each at-will employee make?

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The Alaska Policy Forum has published the list of the positions and salaries for at-will employees — those not covered by union contracts at the State of Alaska who are serving at the pleasure of the governor.

The list does not include judiciary or legislative appointees and is for 2017. Must Read Alaska spotted several names of those no longer working for the State of Alaska, but it’s still informative:

Compensation Costs for Executive Branch Exempt Employees

Conviction of former assistant AG overturned

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SHOE SHOPLIFTING, UNION ORGANIZING, AND A TANGLED CONSTITUTIONAL CASE

A former assistant attorney general who was convicted for using her position as the legal adviser to the Alaska Labor Relations Agency to benefit a close friend, landlord and union organizer, has had her conviction overturned because Troopers seized her computer and wrongly searched it for evidence. The Alaska Court of Appeals has ruled that even though the evidence was there, they had no reasonable cause to believe it would be, so it was a wrongful search and seizure.

The Troopers found plenty of evidence to get a conviction of Erin Pohland.

But because Pohland lived in a portion of a home owned by her friend, Skye McRoberts, Pohland argued that her rooms were equivalent to a separate living space, and could not be searched while Troopers went about establishing that McRoberts had been forging signatures for a union drive involving Alaska’s largest union — Alaska State Employees Association.

McRoberts in 2010 was charged with forging the signatures and altering documents in other ways in an effort to unionize some 1,500 University of Alaska employees who were not part of ASEA.

McRoberts submitted employee “interest” cards to the Alaska Labor Relations Agency. These cards were said to represent the interest of various University of Alaska employees in becoming members of the union. Under Alaska law, at least 30 percent of a proposed bargaining unit must express interest in becoming unionized.

Based on the sharp eye of an agency employee, the Labor Relations Agency came to suspect that a number of these interest cards might have been forged, so the agency asked Pohland for advice.

Pohland, however, was not only renting from McRoberts, but the two were also partners in crime. They were both accused of stealing shoes from Fred Meyer in a December caper, when they removed the electronic theft tags off of shoes and attempted to leave the store with about $1,000 worth of unpaid merchandise. They were charged with misdemeanors.

[Read more about the  shoe shoplifting caper here]

When the Labor Relations Agency was reaching out to Pohland for advice on McRoberts in 2010, little did they know she was consulting on the matter with McRoberts.

In its charges against Pohland, the State alleged she failed to tell the Agency that she and McRoberts were close and that she lived in an apartment within McRoberts’s home. The two spoke about McRoberts’s unionizing efforts regularly, and she had even assisted McRoberts in her role as a union organizer

The state was taking advice, in other words, from someone who was colluding with the accused party.

By March of 2011, Alaska State Troopers had obtained a warrant to search McRoberts’s house for evidence that she and her husband, Donavahn McRoberts, had committed forgery and falsification of business records relating to the forged cards.

The search warrant allowed troopers to search the house for any kind of documents that could support the case against the McRoberts.

At this time, Troopers were already aware of the conflict of interest that Pohland had with Skye McRoberts and the Labor Relations Agency. They knew the agency had sought advice from Pohland on the forgery situation, and they knew the advice Pohland gave the agency was suspect.

The search warrant affidavit spelled it out: Pohland’s advice to the Labor Relations Agency “did not follow the guidelines for forged Interest Cards laid out in a National Labor Relations Manual”.

The warrant also noted that Pohland “failed to advise [the Agency] to contact law enforcement to investigate the matter”, and that she failed to tell the Labor Relations Agency that she was good friends with McRoberts and that McRoberts was her landlord.

The search warrant issued by the district court said troopers could seize and search any computer or electronic storage media “capable of concealing documents related to the business and finances associated with Donavahn McRoberts or Skye McRoberts.”

But later, the Troopers and prosecutor assigned to the case acknowledged that at the time of the search, they didn’t have probable cause to believe Pohland was complicit in McRoberts’s crimes.

The question during appeals was whether Pohland’s computer was in the McRoberts’ residence or in what could truly be considered a separate apartment. The suite of rooms had their own bathroom, kitchen and laundry facility, but not a separate entryway.

Troopers searched the suites and seized a laptop that belonged to Pohland. On it, they found numerous text messages between Pohland and Skye McRoberts, discussing McRoberts’ effort to unionize university workers.

The text messages became part of the State’s case against Pohland when she was later charged with official misconduct for the advice that she gave to the Labor Relations Agency.

The appeals court overturned the district court’s conviction because the search warrant application did not establish probable cause to seize and search Pohland’s laptop computer.

“For these reasons, we conclude that the search of Pohland’s laptop computer violated the Fourth Amendment to the United States Constitution and Article I, Section 14 of the Alaska Constitution. The evidence against Pohland obtained as a result of that search must be suppressed,” according to the Appeals Court decision.

[Read the entire Appeals Court decision here]

Pohland, who is no longer working for the State of Alaska and has been disbarred here, has since left the state. She is now a freelance legal researcher and writer in Pittsburgh.

In 2013, Skye McRoberts was convicted of forgery in the second degree in Anchorage and sentenced to spend three years on felony probation and to pay $25,248.10 in restitution to the Alaska Department of Labor and Workforce Development and $9,094.10 to the University of Alaska.