An Anchorage Superior Court trial involving two robbery suspects was back on track Thursday after a two-day delay because one of the defendants cut off his ankle monitor and didn't show up in court.
On Wednesday, the state argued to move forward with the felony trial despite Johnny Degrate II's absence. Degrate, 19, is being tried simultaneously with 22-year-old Robert Potts.
Degrate was taken into custody "without incident" Wednesday night, according to police. Anchorage Police Department spokesperson Jennifer Castro said Degrate was arrested around 7:15 p.m. in the area of 16th Avenue and Eagle Street, near Sullivan Arena.
Online court records show no new charges yet filed against Degrate.
Degrate and Potts were initially charged with first-degree armed robbery with a deadly weapon, which is alleged to have happened at the Dimond Center mall, according to the charging document. An indictment filed in late June added charges including three first-degree robbery charges and a single charge of first-degree conspiracy to commit robbery.
The district attorney's office said Degrate and Potts were involved in four armed robberies between Jan. 19 and Feb. 12. Court documents allege the duo plotted to commit the crimes together.
Assistant District Attorney William Taylor filed a motion to continue with the trial, arguing Degrate waived his rights by voluntarily removing himself from the process.
Under the state's criminal procedure court rules, a defendant's presence is required at arraignment, preliminary and change of plea hearings, among others. The rule also says a defendant is required to be in court "at every stage of the trial," but there are exceptions.
"The further progress of the trial to and including the return of the verdict shall not be prevented whenever a defendant, initially present … is absent voluntarily after the trial has commenced," according to criminal procedure rule 38.
Jury selection was underway when Degrate cut off his ankle monitor, so Taylor argued the trial should begin.
Degrate's defense attorney, David Weber, told the judge he was hampered in his ability to proceed, as he couldn't ask his client for an opinion. Weber said he didn't think the state's decision was well considered.
Judge Saxby said he was leaning toward continuing with the trial. "It seems to me that the trial has commenced," he said, referring to the court rule. He added he was worried about having to call the state's 20-plus witnesses for two separate trials, one per defendant, and select a jury twice.
Those arguments and issues were nullified when Degrate was apprehended near downtown. He appeared in court wearing a dark gray T-shirt; Potts was dressed in a blue button-up. The two men were separated by attorneys.
One issue that persists, notwithstanding everyone's attendance, was the potential of a tainted jury. Weber argued Wednesday that his client's actions were highly publicized and avoiding reports would be difficult.
"I'm sorry to say this jury panel has been blown up," he said, adding the situation would stay that way for at least a couple weeks.
On Thursday, the judge decided to bring the jurors in and ask them if they'd seen any news about Degrate. Questioning the jurors could last until early next week.