Anna Goemer, a two-time Alaska State Trooper of the year and a former police officer in several different Alaska communities, said she went through a police academy with Craig Police Chief Mark Habib, who was a sergeant when he investigated the murder of Rachelle Waterman's mother in 2004.
Goemer said Habib told her in December 2007 -- after Waterman's first trial for her role in the murder, carried out by already-convicted Jason Arrant and Brian Radel -- that he had lied during portions of his testimony. That trial ended in a hung jury.
"At first I thought he was joking, but he just kept talking about it," Goemer said.
Goemer said she asked Habib if he was worried about Waterman's father losing his wife to murder and his daughter to a possibly now-tainted conviction.
"I said, 'Don't you feel bad about that?'" Goemer said she asked Habib. "He just basically thought she should go to jail."
It was unclear what Goemer said he'd lied about, but she said it had to do with who had taken pictures during the investigation.
As a law enforcement officer of more than 20 years, Goemer said on the witness stand that she was nervous. That was because she was, at least at one time, a friend of Habib's.
"And I usually testify for the other side," Goemer said. It was her first time testifying for someone's defense.
Goemer also made reference to Habib saying he'd given jailed suspects food to get them to talk, that he could get a confession out of anybody, and she said that Habib had strayed from procedure during interrogations during the investigation of Waterman.
Goemer said she had written down what Habib told her and she'd sent e-mails to the State of Alaska about it. Waterman's defense attorney, Steven Wells, asked if there had been any follow-up by law enforcement officials.
"No," she said.
The introduction of Goemer's testimony caused an obvious stir in the courtroom, and during a short break after Wells' questions, it was unclear how the state would handle what Sitka Assistant District Attorney Jean Seaton later called "very serious allegations" by Goemer.
Seaton, on cross-examination, asked to have Goemer go through transcripts of Habib's older testimony and point out where he said he'd lied. Wells objected, saying the issue was about the possibility of Habib lying at all, not the specific alleged lies.
State Superior Court Judge William Carey set a lunch break of 50 minutes, and the prosecutors moved quickly to prepare for more cross-examination.
After lunch, Seaton went after Goemer, challenging what Goemer had presented and her credibility. Seaton also asked Goemer to explain the significance of the alleged lie admitted by Habib.
Goemer, still nervous on the witness stand, clarified: Habib had said he testified in Waterman's previous trial that he or another Craig police officer took pictures while investigating Waterman, she testified, but Habib told her he knew a different person, an Alaska State Trooper, had in fact taken the photos.
Goemer said Habib lied about who took the pictures but not what was in them.
Did Habib say that the discrepancy mattered? Seaton asked.
"No," Goemer answered.
Seaton inquired about Goemer's time as a lieutenant at the University of Alaska Anchorage police department, asking questions that indicated the state had information Goemer had filed numerous complaints against other police officers.
Goemer said, yes, she'd filed at least six reports against other officers, including the chief.
The prosecutor also asked to take a look at Goemer's personnel file, which Goemer said she'd allow if UAA could provide it by Monday.
Wells then questioned his witness about the steps she'd taken to document her conversation with Habib, which included mailing her notes to herself and marking the date of the conversation on a calendar, Goemer said.
"What do you have to gain by making this allegation?" Wells asked.
"Nothing," Goemer said. "I have more to lose."
Seaton then had another request for Goemer: mental health records.
"According to this e-mail that you wrote to Mr. West, you wrote, 'Just so you know, I think my therapist thinks my stress has impaired my memories and perceptions for months, so my information may not be accurate.'"
Goemer agreed to release the records.
Judge Carey reminded Waterman that it was her decision to testify if she wanted to, and Waterman said that she would not.
The defense rested, but Seaton's cross-examination with Goemer -- and possibly her personnel and mental health records -- is set to resume Monday.
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