Accounts vary as Barile trial begins

PALMER -- A jury heard opening arguments Wednesday morning in the case of two local people accused of resisting arrest who contend their actions were in self defense.

Tammy Barile, 35, and Milt Peery, 34, are each being tried on three misdemeanor counts relating to an incident Feb. 26, 2001. In addition to resisting arrest, they are on trial for fourth-degree assault and disorderly conduct. The two said they were searching the ground near Evergreen and Cobb streets at 9:30 p.m. in downtown Palmer when Alaska State Trooper Eric Spitzer pulled over to check on them.

Assistant District Attorney Bob Collins said in opening comments that the facts he intends to present will show Spitzer followed standard procedure in the arrests.

"He was on his way back to the trooper post when he turns at Evergreen and Cobb. He sees two people who appear to be intoxicated and in a domestic-violence situation," Collins said. "The first rule is to separate the people to see what is going wrong. The two turned on him. They were argumentative and combative, and would not follow his directions."

Barile climbed onto the hood of Spitzer's patrol car and Spitzer had to pull her off it when she refused to get off, Collins said. The injuries she sustained in the incident, including a head gash that had to be stitched at Valley Hospital, were caused because "she kept falling down repeatedly and injured herself," he said. He told the jury they would hear from a witness there that night, as well as from another officer who came to back up Spitzer.

The defense, Nancy Driscoll representing Tammy Barile, and Lance Wells, representing Milt Peery, portrayed a different scenario.

Driscoll said Barile is a lifelong Alaskan, the mother of three school-age children, who has "no criminal record, and has never been arrested in her life."

The night's events were extraordinary to Barile, she said. "Barile and her friend were walking in downtown Palmer after eating dinner and meeting friends for drinks at the Palmer Bar," Driscoll said. "It was not that late out at just after 9 p.m., and her watch came off."

The watch was lined with diamonds and worth about $1,400, Driscoll told the jury, and the pin had come out, causing one of the bands to fall off. Barile and Peery were looking for it in the snow. "The two were not shouting. They were not disagreeing, but were frustrated," she said.

Spitzer pulled over rather abruptly and insisted they needed his help, Driscoll said. "Spitzer didn't understand, or take the situation for what it's worth. Instead he made a mountain out of a mole hill."

Barile's actions were defensive since she felt she had done nothing wrong. "She was scared, alarmed and upset, and climbed up on his patrol car to get away," Driscoll said.

By the time the evening was over, Barile had the head wound and bruises all over her body, including one the shape of a boot-print from having her leg stepped on while she was handcuffed, Driscoll said.

Wells told the jury that Peery's actions stemmed from his urge to protect his lifelong friend, Barile. He depicted Spitzer as a young, inexperienced officer whose work evaluations show him to be "too strong in his commands, and cold in his contacts with the public."

The jury will hear evidence from Spitzer's military record as a Marine brigadier guard and from work evaluations, Wells said. In one evaluation, Wells said, a superior observed the officer runs his siren and lights when he doesn't have to, that he responds "over-zealously."

"The district attorney is trying to make this into a domestic-violence arrest," Wells said. "This wasn't a domestic violence … Officer Spitzer exacerbated the situation."

The first witness called to the stand, by the prosecution, was trooper Choonkoe Chan. He testified that he saw nothing improperly done by Spitzer that night. He also said the winds blowing that night caused pepper spray to go into his eyes, and that he did not see Spitzer handcuff Barile.

He testified that Peery "wanted to interfere" with Spitzer's arrest of Barile and that his own role was to keep Peery away from Spitzer and Barile.

Barile didn't want to get off the car hood or into the police car, Chan said, describing her as actively resisting arrest.

Spitzer has a "good reputation" among officers, Chan said. "He works hard."