563 P.3d 121
Alaska Ct. App.2025Background
- Keith Roscoe Bartman was convicted by a jury of two counts of second-degree sexual abuse of a minor and one count of attempted second-degree sexual abuse of a minor, involving a 14-year-old girl (H.B.), with alleged repeated abuse over several months in 2014.
- After disclosure of the abuse, Bartman was arrested and subsequently charged with sexual abuse of a minor for H.B., attempted sexual abuse for her sisters, and failure to register as a sex offender (the latter was dismissed).
- Bartman moved to represent himself at trial, expressing dissatisfaction with his appointed counsel; competency to stand trial had previously been established.
- The trial court conducted two hearings to assess Bartman’s ability to validly waive counsel and proceed pro se, but found him non-responsive and unable to demonstrate understanding of the charges, procedures, or consequences of self-representation.
- At trial, in response to a jury question, the court instructed that "genitals" include the mons pubis, based on both legal and medical definitions, contributing to Bartman's conviction.
Issues
| Issue | Bartman's Argument | State's Argument | Held |
|---|---|---|---|
| Denial of right to self-representation | He knowingly, intelligently, and voluntarily waived his right; minimally competent | Bartman’s non-responsiveness prevented finding valid waiver of counsel | No error in denying self-representation |
| Jury instruction defining "genitals" to include mons pubis | Court’s definition was overbroad and inconsistent with prior interpretation | Inclusion is consistent with medical, legal sources, and statutory purpose | Definition including mons pubis was correct |
| Jury confusion over "genitals" and court's clarifying role | Court should not have defined the term, or should have clarified it was not State's def | Court had duty to clarify legal terms when jury expressed confusion | No error; judge acted properly |
| Use of medical texts/dictionaries in statutory interpretation | Only lay dictionary meaning should guide definition | Technical and medical meaning appropriate for "genitals" in this context | Medical texts appropriately informed the legal meaning |
Key Cases Cited
- Falcone v. State, 227 P.3d 469 (Alaska App. 2010) (right to self-representation requires voluntary, intelligent waiver)
- McCracken v. State, 518 P.2d 85 (Alaska 1974) (trial court’s duty to ensure coherent, knowing waiver of counsel)
- Des Jardins v. State, 551 P.2d 181 (Alaska 1976) (judge must clarify jury confusion over legal issues)
- Alaska Airlines, Inc. v. Darrow, 403 P.3d 1116 (Alaska 2017) (rules for interpreting statutes in Alaska)