Alaska

JimHow · Post by **JimHow** » Tue Dec 21, 2021 11:51 pm

I'm not sure why, but the plastic masks are not allowed in Maine courtrooms, nor, I think, in Alaska.
I think there has been some determination that they are not as effective.

JimHow · Post by **JimHow** » Tue Dec 21, 2021 11:56 pm

Tomorrow is "Jim Howaniec Day" at the courthouse here in Maine.
The judge and clerks have scheduled 21 of my cases for dispositional conferences in hopes that we can settle the cases tomorrow in "fire sale" deals with the prosecutors, all part of their efforts to clear my calendar for the Alaska trial in January/February.

At least 3 of my 21 clients have tested positive for Covid.

DavidG · Post by **DavidG** » Wed Dec 22, 2021 12:52 am

Congratulations(?) on Jim How day.

Face shields offer minimal protection against viral transmission. Among masks, N95s work best, surgical masks next, cloth masks least.

JimHow · Post by **JimHow** » Wed Dec 22, 2021 1:02 am

Indeed, David, I'm recalling now, they've disallowed face shields in courtrooms, they aren't effective.
I've been using the light blue surgical masks, I need to get ahold of a supply of N95s for me and my team before next Friday, what's my first step?

dstgolf · Post by **dstgolf** » Wed Dec 22, 2021 1:17 am

Good luck Jim. For N95 masks I ordered some from Staples but if you have a Costco or Walmart nearby they are cheaper and plentiful locally. I just picked up another box of 20 at Costco today for half the price for twice as many.

JimHow · Post by **JimHow** » Wed Dec 22, 2021 1:23 am

Thanks Danny, I'm gonna go to Walmart tomorrow.
I'm about 75% percent packed for my two month journey to the North Pole.

DavidG · Post by **DavidG** » Wed Dec 22, 2021 1:32 am

Yup, N95s are pretty easy to find now. Buy local or Amazon. I kept 7 in rotation, wearing a different one each day of the week. Any virus on the mask will die off in 5 days.

When does the trial begin?

JimHow · Post by **JimHow** » Wed Dec 22, 2021 1:38 am

We are leaving Logan at 7am Friday Dec 31st, layover in Seattle, and arrival same day in Fairbanks at 4:15pm, New Years Eve.
Jury selection starts Monday, January 3rd.
We expect jury selection to take about two days.
Thus, my best guess is that opening statements will be Wednesday, January 5th, 8:30am Alaska time, 12:30pm, eastern time. Four hour time difference. That could change, of course.

DavidG · Post by **DavidG** » Wed Dec 22, 2021 1:48 am

Wishing you safe travels, a COVID-free trial, and a successful outcome.

Nicklasss · Post by **Nicklasss** » Wed Dec 22, 2021 1:59 am

I won't be too far Jim, if you ever need help. I'm going to Northern BC on the week of January 10th. I'll be in Kitimat, a 25-30 hours road trip away!

JimHow · Post by **JimHow** » Wed Dec 22, 2021 2:02 am

I can't even begin to tell you how incredible this tale is.
Just today, we got confirmation that a key witness was served with a subpoena in a remote village in Alaska, population 80.
The logistics of litigating a case in Alaska in the best of times -- let alone in the middle of a pandemic -- are mind numbing.
You literally have to fly piper planes into these villages to serve some of these folks, you can't drive, or even sail, to them. No internet. I tried to send a certified letter, the USPS computer like literally laughed at me. Incredible.

JimHow · Post by **JimHow** » Wed Dec 22, 2021 2:08 am

Come on up Nicola!

jal · Post by **jal** » Wed Dec 22, 2021 2:58 am

The task is daunting, but my goodness what an adventure! Something to tell future generations

JimHow · Post by **JimHow** » Wed Dec 22, 2021 12:04 pm

The stories I have from behind the scenes are absolutely astounding, Jacques, hopefully someday the full story of this case can be told. The devil is in the details on a lot of this stuff. Even in the most basic of cases, witnesses don’t just show up and we have a trial. We have to find people, interview them, get them under subpoena, maintain contact with them, coordinate schedules, and then hope that, when the time comes, you have the next witness available to testify. They don’t just magically show up. That is a challenge in the simplest of cases. When you are talking about a case where there will be over 50 witnesses, who are spread out across a state one third the size of the lower 48 in land mass, spread out in tiny, remote villages where no roads lead, and some of the witnesses are in the lower 48 from Maine to California, the logistics are very difficult to say the least.

JimHow · Post by **JimHow** » Wed Dec 22, 2021 12:08 pm

And now Jim Howaniec Day at court has been cancelled due to weather, meaning that my 22 cases that we were hoping to resolved today are now going to be kicked down the road well into 2022, after I get back from Alaska and an already overbooked schedule in the spring. Grrrr. Man, I’m about at my wits end with this pandemic.

s*d*r · Post by **s*d*r** » Wed Dec 22, 2021 9:05 pm

JimHow wrote: ↑Wed Dec 22, 2021 12:04 pm The stories I have from behind the scenes are absolutely astounding, Jacques, hopefully someday the full story of this case can be told. The devil is in the details on a lot of this stuff. Even in the most basic of cases, witnesses don’t just show up and we have a trial. We have to find people, interview them, get them under subpoena, maintain contact with them, coordinate schedules, and then hope that, when the time comes, you have the next witness available to testify. They don’t just magically show up. That is a challenge in the simplest of cases. When you are talking about a case where there will be over 50 witnesses, who are spread out across a state one third the size of the lower 48 in land mass, spread out in tiny, remote villages where no roads lead, and some of the witnesses are in the lower 48 from Maine to California, the logistics are very difficult to say the least.

Who pays for all that?

JimHow · Post by **JimHow** » Wed Dec 22, 2021 9:41 pm

Ha can’t divulge that Stu but it’s not a court appointed case, let’s put it that way.

JimHow · Post by **JimHow** » Wed Dec 29, 2021 8:47 pm

I'm packed and will be off to Boston Logan Airport tomorrow, then, hopefully on to Seattle and then Fairbanks on New Year's Eve.
I'll be somewhat preoccupied for the next 6-7 weeks, up near the Arctic Circle. I'm sure the site will be in the good hands of Vice Benevolent Dictator (VBD) David Glasser.

We've got quite a bit on our plate, but, as I've been telling my team in Belichickian terminology, we can only control what we can control, we can only stay in our lanes, we can only strive do our jobs.
There will be a livestream link to the trial somewhere, likely on the Alaska court system website. If you decide to check in, remember, these are not trials like you see in the movies. There are usually no big Perry Mason moments. The state usually wins these DNA cases -- in fact, I don't think the defense has prevailed in any of these genetic genealogy cases up to this point. But there's no crying in criminal defense law. Jury selection is currently scheduled to commence on Monday, although apparently they've had a real weather disaster up there of snow and ice, everything is shut down. The judge seems to think it is only going to take a couple days for jury selection, which would likely lead us to opening statements on Wednesday-ish. The 16 or 17 jurors (12 jurors, 4 or 5 alternates) will be socially distanced throughout the courtroom, seated to our left, right, and behind us. We will be required to wear masks at all times, including during opening/closing arguments. It will truly be something out of Kafka or Camus, I feel like Merseault in L'Etranger.

A happy and safe new year to all BWEers far and wide. We will see you on the other side, in 2022!

BD

gene m. · Post by **gene m.** » Wed Dec 29, 2021 10:07 pm

The high temp on Mon/Tues is -28 / -31 F
Hope you have your frostbite gear and stay safe

Racer Chris · Post by **Racer Chris** » Wed Dec 29, 2021 10:09 pm

Good Luck!

JimHow · Post by **JimHow** » Wed Dec 29, 2021 10:45 pm

Thanks! Just got word from the Alaska court clerk that jury selection has been pushed off to Thursday. We’re still leaving tomorrow.

stefan · Post by **stefan** » Wed Dec 29, 2021 10:48 pm

Good luck, Jim, and try to stay warm. Drinking good wine helps with the latter and maybe also with the former.

DavidG · Post by **DavidG** » Thu Dec 30, 2021 3:45 pm

Safe travels Jim. Since the trial will be live-streamed, I guess "break a leg" would be appropriate.

DavidG · Post by **DavidG** » Thu Dec 30, 2021 4:20 pm

Looking for the Alaska court live stream took me here:
https://www.ktoo.org/gavel/schedule/
Looks like mid-January, nothing about Alaska v Downs

Also here:
http://www.courts.alaska.gov/trialcourts/calendars.htm

And here:
https://public.courts.alaska.gov/web/sc ... NB-4FA.pdf
https://public.courts.alaska.gov/web/sc ... JT-4FA.pdf

I see the case listed for Jan 3 but no link to a live stream.

JimHow · Post by **JimHow** » Thu Dec 30, 2021 4:21 pm

Yuck…

https://fb.watch/acMxiST9P9/

https://www.mynewsbreak.me/m/articles/? ... et_18.web2

DavidG · Post by **DavidG** » Thu Dec 30, 2021 4:33 pm

You know the weather’s really bad when even a Down Easter says “Yuck.”

dstgolf · Post by **dstgolf** » Thu Dec 30, 2021 9:40 pm

Jim,

Certainly looks like yuck. Freezing cold, blizzards and only 4hrs of daylight at this time of the year makes it much worse that if you have reasonable sunshine for a significant part of the day. Good luck in your travels Jim give it your best but sounds like there's not as much optimism heading into this trial especially with weather, covid and everything else stacked against you. All the best.

PghMike · Post by **PghMike** » Fri Dec 31, 2021 2:34 am

Jim,

Good luck up there. I'm hoping to hold off until March for my next trip up to Fairbanks but we will see. The look of that weather is dreadful to me!

If you need or want any connections to some helpful locals let me know. I know some great folks that work at UAF/DOE.

JimHow · Post by **JimHow** » Fri Dec 31, 2021 2:06 pm

Thanks gents, flight left on time this morning from Boston to Seattle, we're airborne, we'll make it to Seattle anyway, fingers crossed that we'll be in Fairbanks late afternoon for New Year's Eve.

jal · Post by **jal** » Fri Dec 31, 2021 2:12 pm

Safe travels and good luck on your great adventure, Jim.

JimHow · Post by **JimHow** » Fri Dec 31, 2021 7:16 pm

Thanks Jacques we"re at Seattle airport, the weather is nice, everything seems on time for the last leg to Fairbanks. Happy New Year!

Jay Winton · Post by **Jay Winton** » Fri Dec 31, 2021 7:54 pm

North to Alaska, North to Russia's own!

JimHow · Post by **JimHow** » Sat Jan 01, 2022 1:58 am

Greetings from Fairbanks! We have landed in Alaska. Two smooth, on time flights.

SF Ed · Post by **SF Ed** » Sat Jan 01, 2022 2:50 am

Happy New Year, Jim! Glad you made it.

JimHow · Post by **JimHow** » Sat Jan 01, 2022 5:06 pm

Raaarrr.
Happy New Year!
Greetings from the Arctic Circle.
Stay safe and warm out there my friends!

DavidG · Post by **DavidG** » Sat Jan 01, 2022 5:56 pm

How cold is it?

JimHow · Post by **JimHow** » Sat Jan 01, 2022 6:03 pm

Not too bad, only minus-17F, it's going to get a lot colder this week, minus-60 expected.
Nice and warm here in the room, we are hunkered down in our rooms in trial prep for five days until jury selection begins on Thursday.

DavidG · Post by **DavidG** » Sat Jan 01, 2022 6:14 pm

Good luck, stay warm, and I hope the trial goes smoothly with access to witnesses and no illnesses throwing things into disarray.

JimHow · Post by **JimHow** » Fri Jan 07, 2022 1:07 am

Greetings from the great north!
Well, it’s been insane.
First a once in a lifetime ice storm pushed back jury selection to later this week, now it got pushed into next week because I got COVID. Cold symptoms for three days now but they seem to be subsiding.
We just had an “animated” hour long conference call with the judge, trying to get the case continued, but he is forcing us to trial on Monday.
This case is blowing my mind.
I’m not in Kansas anymore.

Nicklasss · Post by **Nicklasss** » Fri Jan 07, 2022 2:04 am

Hi Jim.

Don't seems like a fun trip. And covid in bonus... but i understand as 75 % of my local friend family got the omicron bug... i keep my fingers crossed, we've been blessed up to now.