Editor's note: The following commentary was first featured in Make-A-Scene, a monthly community publication serving readers in the Matanuska-Susitna Valley. It is the first installment in a series in which Mr. Kohring intends to tell his own side of the federal Alaska public corruption probe.
I was a state representative from 1995 through 2007 serving Wasilla and parts of the Mat-Su Valley and Chugiak in the Alaska Legislature. My life was turned upside down on August 31, 2006, when six armed FBI agents converged on my small legislative office in downtown Wasilla. The government has been bullying me ever since. They turned my life into a living nightmare these last five years, first by charging me with bribery, conspiracy and extortion and then threatening me with over 50 years in prison, primarily involving Easter eggs for my step-daughter and a summer internship for my teenage nephew. I was forced to resign my legislative seat held for seven terms. Then I was railroaded with a sham trial presided over by a judge whose wife's $110,000-a-year job was eliminated by my House Bill 40, legislation previously sponsored in Juneau. Furthermore, the judge failed to disclose that he lived next door to the government's "star" witness, Veco CEO Bill Allen, whose witness stand testimony -- a corroboration with the government as part of a sweetheart deal cut with the Feds -- was used to falsely convict me. The result was my being sent off to jail, where I was ragged around in five different prison facilities over a year's time, until being released at the request of US Attorney General Eric Holder after it was discovered the prosecution concealed over 6,000 pages of evidence during the trial, containing critical material that would have cleared my name. Recently, after over another year of legal haggling, I pled out to one charge to avoid another federal onslaught.
What did I really do? First off, I never should have accepted Allen's gifts because of the perception of wrong doing. Even though my intent was not to change my position on oil tax legislation for Allen--nor did I ever vote the way he wanted--by accepting his gifts, he says it led him to believe I was willing to do so. My actions were careless and I exhibited lapses in judgment for which I apologize. But I am human and capable of making mistakes, which I'm owning up to. I have paid the price dearly, losing five years of my life, being rendered financially destitute and locked up in prison.
My plea bargain recognizes the practical difficulties I would have had at my re-trial in Fairbanks this month, attempting to convince a reasonable jury that I honestly thought Allen's gifts were from a friend with no strings attached. The last few weeks leading up to the trial, I was cornered by the prosecution and forced to cut my losses. To continue was simply not worth further subjecting my family or myself to the government's methods, nor was it worth the risk of losing at the re-trial and potentially being taken away from loved ones for years. I therefore made the gut-wrenching decision to plead out. It was one of the most difficult decisions of my life as I was looking forward to the trial as a way to finally exonerate myself.
My whole case boiled down to a small amount of gift money -- a "pittance" as the judge put it during the recent sentencing hearing. For less than a thousand dollars, the Department of "Justice" felt it justified to tag team with the FBI and spend millions pursuing me. Attorneys familiar with the case estimated the government blew through $7-10 million these last five years. Plus, my defense cost upwards of $1.25 million. All over a pittance. The government based their case on the thousand referred to in the plea agreement which had nothing to do with the so-called "money shot" showing Allen handing me a hundred dollars. This "Easter egg photo" was not a part of the plea agreement. And for good reason as Allen's gift was not illegal. My plea instead centered on the acceptance of Allen's gift of "about" a thousand dollars as stated in the agreement.
The prosecution has proclaimed "victory." But I must ask, what's so victorious about cheating on the Ted Stevens prosecution, resulting in a judge dismissing the case? How can they claim victory after concealing over 6,000 pages of evidence in my case, much of it crucial? One or two pages or even a dozen could be excused as inadvertently misplaced--but 6,000? This is why the Ninth Circuit Court of Appeals threw out my case this past spring, describing the prosecutors actions as "egregious." Worse, how is it a victory when one of the prosecutors tragically commits suicide after being subject to a criminal investigation along with several of his colleagues over withheld evidence, the same people assigned to prosecute me? This claim of victory is not the kind of thing reasonable people should brag about.
The government's tactics were underhanded. They overwhelmed me with new and fabricated claims and alleged evidence just days before my re-trial in a final push to force my hand. They even sent the FBI to seek out Tatiana, to whom I was married for over seven years to scare her into testifying against me. It was their intent to bring her and my little step-daughter to Fairbanks and place both on the witness stand. I couldn't allow the case to degenerate to that level. I know Tatiana was horrified as she views our FBI almost as bad as the KGB of the former Soviet Union, from where she emigrated nearly 20 years ago.
I chose to plead out to put an end to five years of legal hassles so that I may finally get on with my life. It was also to put an end to the enormous waste of tax dollars, all over a pittance. And it was to prevent the prosecution from placing my family and friends on the witness stand, which would have been highly stressful and intimidating. Many encouraged me to do this as the reality of the situation made it clear that it was time to put a stop to it. Furthermore, I have no deep pockets to keep drawing from as does the government.
My case was so grievous, even the Ninth Circuit Court recognized the potential criminal conduct of the prosecution. One of the appellate judges, whom I greatly respect for her courage, wrote an opinion following my appeal victory in March which said the entire case should be thrown out over "egregious violations of basic prosecutorial responsibilities" because the prosecutors withheld thousands of pages of evidence that I was unaware existed which would have been crucial to my success at the first trial. The judge added that I should be freed "from further anguish and uncertainty" because of the government's actions. She's right. And remember the prosecutors assigned to my case were (and still are) subject to a criminal investigation over their bungling of Stevens' case where far less evidence was not properly disclosed.
Again, I accept full responsibility for my actions as outlined in my plea agreement. But what's done is done and it's time to move on. It's time to put closure to this and stop fighting a battle I was destined to lose in the final analysis regardless of the facts, evidence and strength of my case. Although it will already be five years this coming summer since I resigned my legislative seat, I wish to reiterate how grateful I remain for the honor to have served my state. It certainly does not seem that long despite the trauma of everything. Even though things ended disastrously for me from a legal standpoint, I will always be grateful for the fantastic support Alaskans gave me over the years. It was truly humbling to represent so many wonderful people. It was all worth it as I look back and, believe it or not, I would serve again if given the chance.
Vic Kohring represented Wasilla, Chugiak and the Matanuska-Susitna Valley in the Alaska House of Representatives. He was first elected in 1994 and resigned in 2007.
The views expressed here are the writer's own and are not necessarily endorsed by Alaska Dispatch. Alaska Dispatch welcomes a broad range of viewpoints. To submit a piece for consideration, e-mail commentary(at)alaskadispatch.com.