JUNEAU — A man found guilty of sexually assaulting and killing a woman in Tenakee Springs a decade ago has won an appeal for post-conviction relief.
The Alaska Court of Appeals ruled Friday that James Harmon received inadequate representation from an attorney appointed to represent him, the Juneau Empire reported.
Harmon was sentenced to 72 years in prison in 2005 after being found guilty of second-degree murder, second-degree theft, first-degree sexual assault and attempted first-degree sexual assault in the death of 19-year-old Maggie Wigen, who disappeared in Tenakee Springs in 2003. Her body was later found in a dam.
Court documents say Harmon appealed his conviction, but it was upheld by the appeals court. Harmon then sought post-conviction relief, arguing that his two trial attorneys did not adequately represent him during his initial trial.
He was appointed a third attorney to represent him in that claim, but the case was thrown out by a Superior Court judge in 2012. Harmon then appealed the Superior Court's decision, arguing that the third attorney also failed to adequately represent him.
The appeals court decision Friday supports Harmon's argument. In its ruling, the three-judge panel said the third attorney's filings were "deficient" and that "Harmon never received a proper opportunity to develop his claims of ineffective assistance of counsel against his trial attorneys."
Harmon's accusation against his trial attorneys will go back to Superior Court for further hearings. If the court rules in favor of Harmon, he could get resentenced or a new trial.