Christmas comes to the courthouse

The somber holiday mood at Palmer Superior Court last Friday afternoon, hours before most court rooms would close for Christmas, hinted there might be more than the usual business of meting out justice.

In Judge Eric Smith's courtroom, not a single festive decoration gave a distinction from any other day when the accused make pleas and accept judgments.

Yet the season made for some pregnant pauses as the business got carried out.

Assistant District Attorney Dave Berry gave one man a Christmas gift -- he elected not to order a bench warrant for a no-show court date.

"We'll give him the benefit of the doubt, out of the possibility that he was not notified," Berry said. "It's Christmas."

In the next cases before the bench, Judge Smith refused to go soft on a meth lab operator. And he wouldn't agree to a suspended sentence for a man convicted of disorderly conduct and assault. But he let one man out of jail for finishing his sentence just in time for the holidays.

Jeremiah Sanders, 26, was sentenced to four years with two suspended in a plea agreement lowering charges of misconduct involving a controlled substance from an A to a B felony. He was charged with four counts alleging he operated a methamphetamine lab.

His attorney, Lance Wells, argued that Sanders had been a high school honor student, and had already completed 23 classes while in jail since last June. Wells asked for a suspended imposition of sentence, meaning no jail time but probation that, if violated, "would be held over Sanders' head as incentive to stay out of trouble."

Sanders apologized for his conduct and said he wants to "use this as a chance to change his behavior around," especially to become a good role model for his children.

Smith acknowledged Sander's sincerity but said meth labs are dangerous and the sentence has to reflect that.

In the next case that day, Robert Petersen, Jr., 28, was sentenced to five years with three suspended on a fourth-degree assault conviction stemming from a fight at Wasilla Bar.

Petersen's attorney, Moshe Zorea, acknowledged his client had a history of battling alcohol problems, but that he had four years of sobriety prior to the October incident at Wasilla Bar.

Zorea argued that during that time, Petersen maintained a full-time job and had no incidents.

"Rather than throw him away, let him out when his time is done with a completed alcohol program behind him," Zorea said.

Zorea asked Smith to impose some jail time and suspend part of the sentence to help Petersen stay in line when he finished his time. In the meantime, he asked for Nygren credit, a ruling that allows jail time to be used for getting alcohol treatment.

Berry said the court could accomplish the same goal if it let the Department of Corrections "do its job." Smith agreed that DOC could send Petersen to residential treatment during part of his sentence.

In the next case the Friday before Christmas, Assistant Public Defender George Davenport, in representing Billy Henderson of Sutton, made an unexpected request in telling the court it could "keep its suspended imposition of sentence."

"At the risk of sounding incredulous, I ask that you give him jail time," Davenport said. "He has been struggling to get his feet in this world, with two children to raise."

Probation hindered Henderson from getting on with his life, Davenport said. A series of technical parole violations, such as missing appointments with probation officers, resulted in Henderson having probation revoked three times, his attorney argued. Original charges against Henderson involved driving while his license was revoked, which was elevated to felony charges when he ran from police.

After Henderson's emotional apology to the court, Smith told him, "I genuinely hope you don't show up here again. So I wish you a lot of luck."

Henderson was sentenced to his nine months, with six served already on the revoked probation, Smith acknowledged. "That will get you soon," Smith said.

One prisoner, Derrick Schneider, 30, of Wasilla was let out of jail just in time to go home for Christmas.

Schneider was brought in on a disorderly conduct charge for a incident involving a watercraft incident on the Little Susitna River on July 13, 1999. He served a one-year suspended sentence and finished just in time.

"Let him out if his time is served," Berry said.

"You should be able to be home for Christmas now," Smith told him.

No decorations were necessary at that point, instead there was the relief shown on one prisoner's face.