Anchorage Daily News
 

As feds inexplicably bow out, state should pursue Allen case
COMPASS: Other points of view

By DENISE MORRIS and NANCY HAAG

(09/01/10 21:40:48)

The U.S. Department of Justice owes a full, public explanation to Paula Roberds and the other young girls who came forward to report crimes of sexual abuse in the Bill Allen case. It also owes this explanation to their families and the citizens of Alaska, all of whom are victims as well of the department's inexplicable decision not to prosecute.

Media reports indicate the serious felony allegations were corroborated by victim statements and other evidence, and that investigating officers and authorities also concluded they had a strong case which was worthy of prosecution.

So what happened? What really happened? Did the U.S. Department of Justice negotiate away the rights of the citizens of Alaska, and in particular Paula Roberds and other unnamed victims, many of whom were minors at the time the sexual abuse occurred.

We don't claim to know all the judicial intricacies of this case; however, according to the Anchorage Police Department, the Federal Bureau of Investigation, and the prosecuting attorneys this case is worthy of prosecution. Thus, the U.S. Department of Justice has effectively diminished the hard work of Alaska investigators, lawmakers, and victim services advocates by their abrupt and wholly unexplained decision to preclude any prosecution of Mr. Allen in these cases. Such a decision also thoroughly disrespects the victims in this case, as well as other sexual abuse/assault victims who now have yet one more reason to fear coming forward against a perpetrator of means and power.

It is well known that sexual violence in Alaska and across the United States is underreported for a variety of reasons, most notably the fear and embarrassment on the part of victims in identifying these crimes and their perpetrators. We know that only one in 10 children will ever report his or her victimization.

Advocacy organizations work hard to encourage victims of sexual violence and witnesses of crime to overcome their fear and trust that the justice system will respond vigorously to investigate and prosecute these types of offenses. The sad fact is, now this widely publicized decision of the U.S. Department of Justice not to prosecute Mr. Allen will almost certainly add to victim concerns about approaching authorities, and thus further deter sexual abuse/assault victims from reporting.

Governor Sean Parnell and Attorney General Dan Sullivan have stated one of the goals of the administration is to reduce the epidemic of sexual and domestic violence across our state. They represent the vast majority of Alaska citizens who also care deeply about ending the epidemic of sexual violence in Alaska, and who expect the federal government to respect our concerns and do its part to fully enforce sex-crime laws against "government witnesses" such as Mr. Allen. Shockingly and inexplicably, the U.S. Department of Justice failed all Alaskans in this case. We must now, instead of allowing this issue simply to fade into yesterday's news, step up and demand a response as to why the federal indictment in this case was not allowed to proceed.

We now call upon Gov. Parnell and Attorney General Sullivan to identify and explore all possible alternatives for the State of Alaska to pursue appropriate charges against Mr. Allen. Can and will the Department of Law review the merits of the case and present it to a state grand jury for consideration? Or did this Department of Justice tie the state's hands to prevent any prosecution of these matters? We trust the state will come forward and take all investigative and prosecutorial actions it can in seeking justice on behalf of the young female victims involved, as well as all Alaskans who want to see justice prevail.

As advocates, we know the pain, anxiety and desperation of individuals who look to our legal system for fair and equitable treatment -- without regard to class, race or wealth, a system which embodies and embraces equal justice under the law.

Today, it appears our system of justice failed to protect the rights of our most vulnerable citizens.

Denise R. Morris is president and CEO of the Alaska Native Justice Center. Nancy A. Haag is executive director of Standing Together Against Rape (STAR).



 


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