418 P.3d 870
Alaska Ct. App.2018Background
- In November 2012, child‑pornographic images were found on a public office computer at the Chilkoot Indian Association in Haines; 11 images total, 8 created/deleted between 11:45–12:04 p.m. on Nov. 19, 2012.
- Association employees observed Randolph Williams using the computer that morning and behaving as if he was hiding the screen. Williams admitted he used the computer that day to check e‑mail.
- Police restored deleted files from the recycle bin, viewed the images, photographed them, and seized the computer for forensic analysis; in doing so, the officers overwritten Windows “Last Accessed” timestamps (metadata).
- A grand juror was not informed of a pastor’s phone tip that Williams may have been at the Salvation Army around midday (an asserted alibi). Defense sought dismissal of the indictment on that ground.
- Williams was convicted by a jury of eight counts of possession of child pornography; acquitted on three images dated Nov. 13. He appealed raising three principal claims: (1) grand‑jury omission of alleged alibi evidence; (2) refusal to give a Thorne instruction about lost file “last accessed” metadata; and (3) sentencing—whether two decades‑old felonies should count for presumptive sexual‑felony sentencing.
Issues
| Issue | Plaintiff's Argument (Williams) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether indictment should be dismissed for prosecutor’s failure to present alleged alibi (pastor Kyle) to the grand jury | Kyle’s phone call to police constituted exculpatory alibi evidence that the grand jury should have heard; omission requires dismissal | Kyle’s account was weak and uncorroborated; grand jury would have still indicted given other eyewitness and defendant admissions | Denied — evidence was not substantially favorable enough to negate guilt; indictment would have issued despite Kyle’s testimony |
| Whether trial court erred by refusing a Thorne instruction about destroyed/overwritten "last accessed" file timestamps | Overwritten metadata was potentially exculpatory; jury should be instructed to presume the lost metadata would have been favorable (Thorne remedy) | No bad faith or culpability shown; even preserved access timestamps could only fall within the 11:45–12:04 window when files were created/deleted, so timestamps could not exonerate Williams | No error — trial court reasonably declined Thorne instruction because no culpability shown and preserved timestamps could not have established innocence for the eight contested files |
| Whether two old prior felonies (1992 burglary, 1994 forgery) should be counted for presumptive sexual‑felony sentencing under AS 12.55.125(i) | The 10‑year “expiration” rule in AS 12.55.145(a)(1)(A) applies; Williams was released from supervision more than 10 years before 2012, so he should be treated as a first felony offender | The State argued subsection (a)(4) for sexual felonies supplies independent counting rules without an expiration provision, so old B/C felonies always count for sexual‑felony sentencing | Reversed sentence — court reads (a)(1) and (a)(4) together; (a)(1)’s expiration rule applies, so Williams is a first felony offender for sentencing |
Key Cases Cited
- Thorne v. Dept. of Public Safety, 774 P.2d 1326 (Alaska 1989) (remedy framework where the State fails to preserve evidence; sanction may include presumption instruction)
- Cathey v. State, 60 P.3d 192 (Alaska App. 2002) (grand‑jury duty to present exculpatory evidence limited to evidence that tends to negate guilt)
- Frink v. State, 597 P.2d 154 (Alaska 1979) (prosecutor’s duty to apprise grand jury of exculpatory information does not require presenting every favorable lead)
- Gilley v. State, 955 P.2d 927 (Alaska App. 1998) (interpretation of AS 12.55.145 prior‑conviction counting principles)
- Doe v. State, 189 P.3d 999 (Alaska 2008) (ex post facto analysis regarding retroactive application of sentencing changes)
- Dobbert v. Florida, 432 U.S. 282 (U.S. 1977) (principles on ex post facto prohibition when penalties are increased)