Fairbanks Four: Freed from wrongful imprisonment…But only if they don’t sue

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The Fairbanks Four Freed

Four Native American men were freed from prison this week, after nearly two decades behind bars. The catch, however, is that although they are now known to be innocent, they were only freed under the stipulation that they would not sue the state for wrongful imprisonment. The Fairbanks Four, as they have come to be known, walked free this week for the first time in nearly 20 years. Their conviction was wrought with controversy, and now, new evidence has set the men free.

Fairbanks Four Freed

In 1997, the four men were drinking at a wedding reception. Later that night, John Hartman, a friend of theirs, was found beaten to death after screams for help were heard. Marvin Roberts, one of the Four, was there that fateful night, and later found himself picked up for questioning on the following day. Police pushed him for a confession, even though he had nothing to do with the murder. His statement to police included that he was drunk, and hanging out with some friends. After he provided the names of those he was drinking with, police set their sights on the men. Eventually, they were all arrested and convicted of John’s murder; based on a case with no physical evidence and was put together based on circumstance.

Activists across Alaska made it their mission to free the four men. Instead of the case fading away into obscurity, it gained momentum. The Fairbanks Four as Marvin Roberts, Eugene Vent, Kevin Pease and George Frese, have became heroes of a movement against injustice in Alaska.

In 2011, a hand written confession was delivered to the Alaska Innocence Project. The detailed confession outlined the acts committed by the real perpetrator of the murder, William Holmes. Holmes submitted his confession to the murder, which outlined how he and four friends routinely would harass the local Native kids from school; throwing eggs at them or otherwise harassing them. His confession was not to murder, but to being an unwitting accomplice in Hartman’s death. His three page confession described how he was out with his four friends, who had jumped out of the car and chased after Hartman. When the boys returned to the car, they told him of the murder which had just taken place. The confession eventually led to new evidentiary hearings, despite the fact that the confession was initially rejected by authorities. It took four more years for the case to come before a judge.

Fairbanks Four Freed

You would think that prosecutors, having realized their mistake, would do what they could to free innocent men. That, unfortunately, is not how our American justice system works. The wrongly convicted men – who had twenty years stolen from them – were forced to take a deal, which involved not suing for wrongful imprisonment. At the time of the conviction, the state of Alaska didn’t have much of a case. The four men were convicted of murdering John Hartman. Despite new evidence that came to bear, authorities failed to move on it in a timely manner.

The Alaska Attorney General gave a statement in which he admitted there was never a case against the men, however, in releasing the men, he scoffs at the idea that this is an exoneration. “This is not an exoneration. In this settlement, the four defendants agreed they were properly and validly investigated, prosecuted and convicted. Nonetheless, in light of the new evidence produced at the recent hearing, this settlement is just that, a compromise by the parties in a hard-fought legal battle. This compromise reflects the Attorney General’s recognition that if the defendants were retried today it is not clear under the current state of the evidence that they would be convicted.” The Attorney General is attempting to have it both ways despite the potential legal claims the men might have.

An argument can most certainly be made that the men were wrongfully convicted and then forced to take a deal under duress. The evidence that has come forth is more than enough to show the men were innocent, that the charges against them were fabricated. While they may fear being imprisoned if they attempt to retaliate, the law falls on their side – as no contract can be enforced that was made under duress. This case, again goes to highlight the fact that in America, justice is the last concern of the justice system.

Sources: The Fair Banks Four, Activist Post.

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2 COMMENTS

  1. Thank you for writing about the horrific injustice exacted upon Marvin Roberts, George Frese, Kevin Pease, and Eugene Vent. Please fact check your report of the events and circumstances leading up to John Hartman’s death and the conviction of the four. You have a number of details completely wrong. The four were not all at the same wedding, Marvin never confessed, was sober that night, and never gave up names of the rest who were at best acquaintances except for Eugene and Kevin who were friends. These details are all available on numerous sources. Here’s one of the most thorough with links to transcripts of the forced false confessions:
    http://www.uafjournalism.com/extreme/Hartman/pease_robertstrial.html

  2. I remember this case vividly since I spent over 3 decades in Alaska. Another bogus case – Alaskan Natives are the Blacks of America in AK. I was wrongly accused in the Police state in 04 but luckily I had the money for a good lawyer – After months of lies and BS the Court hastily dropped the case because they knew they would lose and i would have sued the shit out the Corrupt Ak. State troopers. Gentlemen – ask for a Native court settlement because you won’t get nothing these days from those corrupt Alaskan courts.

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