Bail denied to two charged with assault

November 21, 2006

By MARY AMES

Frontiersman

PALMER - Two men facing separate charges of sexual abuse of a minor were denied bail before different judges in Palmer Superior Court last week.

Martin Fleming, 35, charged with three counts of second-degree sexual abuse of a minor and three counts of second-degree harassment, was denied his proposed bail arrangement by Judge Eric Smith on Nov. 16. Fleming has been in jail since his arrest on Nov. 3.

The charges were filed against Fleming after six Wasilla Middle School students reported he touched them inappropriately while he was working as a school bus monitor for Laidlaw on Sept. 15.

Steven Knights, 49, indicted on 34 counts including first- and second-degree sexual abuse of a minor, unlawful exploitation of a minor, and possession and distribution of child pornography, was denied bail by Judge Beverly Cutler the following day.

Knights was indicted twice for actions taking place from October 2004 through the beginning of April this year. Knights has been in custody since May.

Fleming, who did not have legal representation, offered his father, John Fleming, as third-party custodian. John Fleming said he knew his son was alcohol dependent, but wasn't aware of anything more serious until he read about his son in the newspaper. John Fleming said he was semi-retired as a facility manager at his church, lives with his wife in Anchorage, and he didn't know what being a third-party custodian entailed.

Rachel Gernat, assistant district attorney, told John Fleming a third-party must agree to be within sight or sound of their ward 24 hours a day.

&#8220Like parenting a 2 year old,” Gernat said.

Calling the police to report any violations of release conditions is the one part of a third-party's duty that is not like parenting, she said.

Hearing that, John Fleming bowed out, saying he needed to talk it over with his wife.

&#8220It would be extremely difficult for us to manage,” he said. &#8220It would involve a complete change of life.”

Martin Fleming then requested release on a Department of Corrections ankle monitor. Judge Smith told Fleming he could fill out the paperwork for an ankle monitor, but he understood DOC criteria excluded sex offenders.

Fleming said he had to go home because his &#8220significant other” was afraid for her safety.

&#8220The pilot light blew out and there's no hot water,” he said.

Judge Smith told Martin Fleming he could apply for another bail hearing, and kept Fleming's bail at $25,000 cash.

&#8220Mr. Fleming, you need a person to be with you,” Smith said. &#8220We need to meet the person.”

Knights' bail hearing was his third. Through his attorney, Verne Rupright, Knights requested Judge Cutler reduce his $90,000 cash bail to a $45,000 bond, and release him on house arrest with an active GPS monitor.

Knights could then take care of his mother, who has advanced Alzheimer's disease, Rupright said.

Alaska Monitoring Services agreed to accept Knights as a client six months ago, Rupright said. The state has all Knights' computers, and Knights would be restricted to his Meadowbrook home and his yard, he said.

Gernat objected because of Knights' &#8220extensive” collection of child pornography, and the inability to monitor any computer use, should one be brought in to Knights' home.

&#8220I never heard AKMS can monitor what goes on in the house,” Gernat said.

Judge Cutler said that, although AKMS agreed to accept Knights as a client, six months was a long time ago, considering changes in technology

and allegations of problems with

monitoring.

Every judge has held hearing after hearing, criminal and civil, on monitoring issues, Judge Cutler said.

&#8220Four to five times a month, a judge has reports of violations,” she said. &#8220At a minimum, we need to have an AKMS representative here to tell us what they can do.”

Gernat agreed and told the court that federal authorities are looking at Knights' computers, although she did not say whether she expected Knights to be charged in federal court.

Judge Cutler scheduled a Nov. 28 bail hearing for Knights.

Contact Mary Ames at 352-2284 or mary.ames@frontiersman.com.