Gov. Bill Walker and Lt. Gov. Byron Mallott commissioned the study, and now the people of Alaska know the horrific death rate in Alaska's prisons: 15 deaths in 12 months, including mentally ill individuals.
Mike Glasgow, born in 1953 in Fairbanks, raised by a sadistic father, suffered a horrific dog attack at 3 years old: he was dragged under a porch by sled dogs who tried to eat him. Glasgow struggles with extreme anxiety and post-traumatic stress disorder (PTSD) triggered by dogs. Famous in Alaska as "Spoonguy," Glasgow became an award-winning woodcarver.
In 2011, an inept dog handler's three out-of-control canines (two unleashed) attacked Glasgow as he bicycled on the East End Road bike path in Kachemak City. Glasgow defended his ankles from the dogs with a tiny knife, and roared at the dog handler to control his dogs. The leashed dog blocked Glasgow's bicycle. With his PTSD triggered, he roared, "Leash your dogs! Do you want to go?" (Meaning, "Get out of my way.") No one was injured.
The dog handler called 911. He lied that Glasgow got off his bike, set his kickstand and came after him with a knife. This feat was physically impossible: Glasgow's heavily loaded bike has no kickstand and must be leaned. Had Glasgow abandoned his bike, it would have crashed to the ground, scattering spoons and carvings.
Without probable cause, officer Steve Smith arrested Glasgow without a warrant for an alleged incident that occurred outside his jurisdiction, and inflicted pain during arrest. Glasgow challenged jurisdiction, stood up for his inalienable rights and refused to plead guilty.
In a trial that was, in effect, a railroading, Glasgow was convicted by a jury of third-degree assault -- placing a person in fear of imminent injury by means of a knife. The statute "assault three" makes it a crime to make someone afraid. But under Alaska common law, to be a crime there must be: (1) an actual injury, (2) intent to harm. Under Alaska law, Glasgow committed no crime.
How was Glasgow railroaded? (1) The arresting officer told the grand jury that Glasgow admitted guilt; Glasgow has consistently maintained his innocence. (2) Glasgow's unprepared public defender never signed a contract; gave a pathetic, mumbling defense; and wrongfully advised Glasgow not to testify. (3) The public defender called only one of Glasgow's four eyewitnesses to testify, although all were available at court. (4) Judge Charles Huguelet did not permit the jury to receive instructions about self-defense against dog attack. (5) Huguelet refused an evidentiary hearing.
There is now important new evidence. After conviction, Huguelet ordered Glasgow to obtain a mental health evaluation. The result of the evaluation: Glasgow suffers from PTSD triggered by dogs and PTSD/extreme anxiety caused by his father's cruelties. Glasgow has a good prognosis because he uses tools learned from his psychologist to master his problems.
Glasgow maintains his innocence. His application for post-conviction relief details numerous errors, omissions and constitutional violations by police officer, prosecutor and public defender.
As a member of the Citizens of Alaska Truth, Justice and Reconciliation Commission, I have spent 2,000 hours analyzing Glasgow's case. His innocence is backed up by all the evidence and by affidavits and testimony of eyewitnesses to the dog attack. Glasgow's conviction was wrongful.
In a recent telephonic hearing with Huguelet, I advocated for Glasgow. Huguelet ruled that neither the application for post-conviction relief nor the psychological evaluation would affect Glasgow's sentence. We are asking that Glasgow's sentence be changed to community service. Huguelet ordered, "Mr. Glasgow, you must go to jail on January 8."
Let us consider the probable result if this innocent man does go to jail. He already served 21 days pre-trial. Alaska prison food is wretched, and the water at Wildwood Correctional Center where Glasgow was incarcerated is so toxic it drips yellow from the taps. Glasgow came home from jail with his teeth ruined, skin rashes, severe and painful flare-ups of the arthritis he normally controls with a strict diet and his fragile mental balance shattered. Thirty-nine more days in prison will maim the hands of this Alaskan woodcarver, and could kill him.
To enjoy a fair trial and receive justice, every defendant must receive a robust defense. I stand up as Glasgow's advocate because Alaska's grievously overworked public defender system failed him.
For Alaska to heal this disgraceful epidemic of inexcusable deaths of the mentally ill in prison, Alaskans must change the jurisprudence that condemns the mentally ill to languish in prison, suffer and die. Alaska's mentally ill population should be treated, not punished. How do we heal Alaska's prison system? One defendant at a time.
Lindianne Sarno writes and teaches music in Homer. She says that readers who want to support Glasgow's cause can go to www.spoonguyusa.com, and click "Spoon Club" to leave a comment. A version of the preceding commentary first appeared online at essaysbylindianne.wordpress.com.
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