Colver mum on probe

July 7, 2006

By DARRELL L. BREESE

Frontiersman

PALMER - Mat-Su Borough Assemblyman Jim Colver has remained silent all week after accusations of official misconduct and misuse of confidential information in securing a surveying contract on a borough project launched an investigation by the Palmer Police Department.

The investigation began after Greg Waisanen of Collins Construction accused Colver of possible misconduct in securing a subcontractor's bid on the borough's $16.2 million vocational school construction project.

A series of e-mails between Waisanen and a borough official contain allegations of inappropriate behavior by Colver - in particular that he used his position for personal benefit by steering subcontracting work to Colver Surveying, the business he owns.

Should Colver's silence be interpreted as guilt or an attempt to hide something?

Or is it just a wise legal move, even with his claims of innocence? According to Chad McGrady, a criminal defense attorney from Palmer, silence is often the best approach.

&#8220I think he is just getting good advice from his attorney,” McGrady said.

&#8220Not knowing any specifics of the nature of the investigation, I would say that innocent people have just as much right as guilty people to claim protection under the Fifth Amendment.”

In addition, McGrady pointed out that the Alaska Constitution states that those being investigated by police don't have to answer questions.

&#8220Our justice system is an adversarial one,” McGrady said. &#8220The other side could easily take a response to a question and twist it to make it look like the accused is guilty. Because of that, a person should not cooperate in an investigation.”

Anchorage defense attorney Stephanie Patel, with the law offices of Dan Allen and Associates, agreed that silence is often the best approach for those suspected of a crime, even if they claim innocence.

&#8220Every situation is different, and the attorney should consider everything before reaching a decision to let their client talk,” Patel said.

&#8220Plus the burden always falls on the state to prove a case. In most cases, a person is not compelled to cooperate in the investigation against them.”

She recommended that people don't speak to police without legal assistance.

&#8220A suspect should not answer police questions without the advice of an attorney,” Patel said. &#8220Because they are in a

situation when they are under a lot of pressure and might say something which could be misconstrued or misinterpreted to be incrimination. Even after consulting an attorney, sometimes remaining silent is the best approach.”

Detective Kelly Turney, who is investigating the case for the Palmer Police Department, said no conclusions have been reached yet.

&#8220The investigation is still going on,” Turney said. &#8220We haven't ruled out anything at this point.”

He said he spoke Wednesday with Colver's attorney, Scott Sterling, to see if his client would like to answer any questions regarding the investigation. But Sterling indicated there would be no response.

&#8220I've done other interviews with people involved in the project,” Turney said. &#8220I can work around (Colver's silence), but I hope he'll change his mind and answer questions. It would make things much easier, and help get the investigation resolved.”

Neither Sterling nor Colver returned phone calls for this story.

Contact Darrell L. Breese at 352-2267 or at darrell. breese@frontiersman.com.