The trial for Ronald 'Bun Bun' Fischer, the Barrow man accused of first-degree murder in the shooting death of Assistant District Attorney Brian Sullivan, is set for the end of August.
Sullivan was shot twice while in the home of his companion Mabel Kaleak on Dec. 8 in Barrow. Kaleak is the ex-partner of Fischer.
Fischer was indicted in December on one count of first-degree murder, one count second-degree murder and one count of third-degree assault. Both first- and second-degree murder charges carry a maximum sentence of 99 years in prison.
The Office of Special Prosecutions will represent the state in the case, while Fairbanks attorney Mark Nunn will represent Fischer.
According to Fischer's attorney, who took on the case a couple of weeks ago, after Fischer requested a change in representation, that relationship between Sullivan and Kaleak is what drove Fischer into a state of emotional instability.
"The real question in the case is what the effect of the conduct of the prosecutor (Sullivan) was on Mr. Fischer," Nunn said last week. "It is the defense's position that this is a manslaughter case, not a murder case, and that Mr. Fischer suffered enormous emotional upset as a result of the prosecutor's involvement with his significant other. With Mr. Sullivan appearing around town with my client's significant other, it really became so emotionally disturbing that my client was ultimately consumed by what we call the heat of passion in this case and, unfortunately for everyone, Mr. Sullivan died."
At the time of the shooting, Fischer was out on bail and was ordered to have no contact with Kaleak and stay 100 feet from her residence, which was the scene of the crime. Kaleak told investigators "she was under the impression that Fischer was comfortable" with her dating Sullivan and that she and Fischer were working together for the sake of their children.
Sullivan had voiced concerns to Kaleak about Fischer "spraying bullets through the house" because they were dating, Kaleak said in her statement in December.
Fischer, whose criminal history includes more than 20 convictions (the prosecution has reopened a few prior cases against Fischer to include them as part of the murder case), was charged in September after he allegedly punched Kaleak in the face Sept. 21. When police arrived, Fischer threatened the sergeant who responded, according to court records. Then on Nov. 29, police received a complaint from Kaleak that Fischer was harassing her at her residence. When contacted, Fischer told police he was upset because Kaleak came home late with Sullivan, according to court documents.
Nunn hopes to prove that not only was Fischer driven to the crime, but that Sullivan abused his power as assistant district attorney by entering into a relationship with Kaleak while Fischer was being prosecuted for past crimes.
According to Kaleak's statement to police after the shooting, she and Sullivan began a personal relationship on Nov. 21, less than a month before Sullivan was killed. According to court documents, when Sullivan was interviewed over the telephone regarding the Nov. 29 encounter with Fischer, "Sullivan took care to state that he had removed himself as the prosecutor from Fischer's cases -- presumably because of his friendship with Mabel," read the document.
There are other factors that Nunn plans to bring forward as part of his case that will show "systemic corruption" on the part of Sullivan that could have comprised cases, he said. Nunn added he has asked the Fairbanks' district attorney's office to look into Sullivan's past cases.
As for Fischer's past criminal history, Nunn said Fischer had a battle with alcoholism with domestic and legal problems following as a result.
"When Mr. Sullivan was killed, however, Mr. Fischer was sober," Nunn said.
On the night of the shooting, according to court documents, Sullivan and Kaleak finished their workout at Barrow High School, and then went to Kaleak's house on Laura Madison Street for dinner and to watch a movie. She was in a back bedroom when she heard a door close and Fischer's voice ask, "Who are you ... ?" She then heard a gunshot, she said.
She hid in her closet, fearing that Fischer would shoot her, she said in the affidavit.
Fischer came into the room with a shotgun, at which time Kaleak lunged at him to try and press the gun between them so he couldn't shoot. They made their way to the living room where Fischer said, "Look at what you made me do... ," according to Kaleak.
Kaleak managed to get out of the house and drive to the police station where she reported that Sullivan had been shot. Police arrived at the scene shortly after and found Sullivan's body seated on the couch, legs crossed, according to the complaint.
"He had an obvious shotgun wound (or wounds) to his head," read the police recount in the 13-page criminal complaint. After an investigation, police reported "Fischer shot downward at a seated, unarmed man."
"In other words, Fischer shot a man who was seated, unarmed, and who posed no threat," wrote Lt. Travis Welch, with the North Slope Borough Police Department, in his December report.
Fischer was eventually apprehended after several calls between Fischer and the police dispatcher. The gun was found in Fischer's truck that night.
While the trial is set for Aug. 24-28 -- eight-and-a-half months after the shooting -- Nunn said there is no question it will be delayed due to several factors, including the sheer volume of evidence in the case. While a change of venue could be requested, the trial is currently set for Barrow. Nunn said he has no plans to ask for a change of location and is confident a fair, impartial group of jurors can be found in Barrow.
"I trust an Eskimo jury to make the right decision far more than I would trust any other jury in the state," Nunn said. "It is very, very unlikely that we cannot find a jury in Barrow, even if we have to go through two or three pools."
During the next several months, both sides will work to build their cases by examining police reports, evidence, procedures and summoning witnesses. The prosecution is unable to comment about details or the strength of their case, said Prosecutor James Fayette from the Office of Special Prosecutions.
"I can't comment on the facts of the case," Fayette said last week. "I can say that I'm looking forward to telling this story in court."
This story first appeared in The Arctic Sounder and is republished here with permission.