Legislature(2007 - 2008)Anch LIO Conf Rm
09/26/2008 10:00 AM Senate JUDICIARY
| Audio | Topic |
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| Start | |
| Matters Pertaining to Legislative Council Investigation | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
ANCHORAGE ALASKA
September 26, 2008
10:28 a.m.
COMMITTEE CALENDAR
ACTION NARRATIVE
10:28:15 AM
^Matters Pertaining to Legislative Council Investigation
Senator Hollis French recognized that Senator Bill Wielechowski,
Senator Gene Therriault, and Representative Jay Ramras were
present. He read a letter and provided an update on some legal
developments as follows:
On September 12, 2008, the Senate Judiciary Committee
authorized the issuance of fourteen subpoenas;
thirteen were for witnesses and the last was for Mr.
Frank Bailey's cell phone records. Senate President
Lyda Green concurred in that action, thus satisfying
the statutory requirements of AS 24.25.010(b). The
purpose of the subpoenas was to assist Mr. Stephen
Branchflower in his investigation into the events and
circumstances surrounding the termination of former
Public Safety Commissioner Walt Monegan.
10:29:04 AM
Last week I reported to you on the status of these
subpoenas. At that time six of the witness subpoenas
had been served and seven had not been served. Last
week's report covered the six subpoenas that were
served and the document subpoena for Frank Bailey's
cell phone records. Today I'm reporting on the seven
subpoenas that were not served.
The subpoenas that had not been served as of last
Friday, September 19, 2008, were for Ms. Dianne
Kiesel, Ms. Annette Kreitzer, Ms. Nicki Neal, Mr. Brad
Thompson, Mr. Michael Nizich, Ms. Kris Perry and Ms.
Janice Mason. Taking them in the order listed, Ms.
Dianne Kiesel was served with her subpoena on
September 23, 2008 in Dutch Harbor, Alaska; Ms.
Annette Kreitzer was served with her subpoena on
September 21, 2008 in Juneau, Alaska; Ms Nicki Neal
was served with her subpoena on September 21, 2008 in
Juneau, Alaska; Mr. Brad Thompson was served with his
subpoena on September 21, 2008 in Juneau, Alaska; Mr.
Michael Nizich was served with his subpoena on
September 21, 2008 in Juneau, Alaska; Ms. Kris Perry
was served with his subpoena on September 23, 2008 in
Wasilla, Alaska; Ms. Janice Mason was served with his
subpoena on September 21, 2008 in Juneau, Alaska.
All of the subpoenas listed above commanded the
witness to appear here today, September 26, 2008, at
10:00 am to give testimony to the judiciary committee.
None of the witnesses have appeared. Alaska Statute
24.25.030 sets out our procedure in this particular
situation. The statute reads as follows: "If a witness
neglects or refuses to obey a subpoena … the senate or
the house of representatives may by resolution entered
on its journal commit the witness for contempt. If
contempt is committed before a committee, the
committee shall report the contempt to the senate or
house of representatives, as the case may be, for such
action as may be considered necessary." A copy of this
letter will be delivered to the president of the
senate in order to satisfy the statute's requirements.
10:31:15 AM
Regarding some recent legal developments
These subpoenas, I'll remind you and the public were
issued two weeks ago. Late yesterday afternoon the
Department of Law filed a lawsuit asking that the
subpoenas be declared invalid. That lawsuit was not
filed on an emergency basis meaning that the
Department of Law did not formally request a quick
decision from the court. By not filing for injunctive
relief on an emergency basis, the department has put
its lawsuit on a slow track.
The lawsuit was followed by a letter to the judiciary
committee this morning asking that our committee stop
its work and wait for a decision from the court. Let
me remind the department and the public that this
investigation began nearly two months ago. The
administration and the Department of Law have
repeatedly promised cooperation with this inquiry,
both orally and in writing. Indeed we are here today
because of Attorney General Colberg's abrubt and
complete change in position.
On July 29, 2008 the Legislative Council gave me a job
to do. That committee and the judiciary committees of
both bodies are engaged in a simple search for the
truth. We intend to keep pursuing that goal. Thank
you. 10:32:28 AM
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