Mielke attorney seeks ex-trooper's testimony

PALMER -- Pastor Phillip Mielke acted reasonably to shoot and kill two burglars April 24 in the darkened Big Lake Community Chapel.

At least that's how a former Alaska State Trooper would testify, Mielke's defense attorney said Thursday in Superior Court.

Attorney Jim Gilmore wants to call Jeffrey Hall of Colville, Wash., to the stand in Mielke's trial for manslaughter and criminally negligent homicide in the deaths of Frank Jones, 23, and Chris Palmer, 31. Hall was a 20-year trooper but is now retired.

Gilmore told Judge Beverly Cutler that it would be expensive to bring Hall to Palmer, and he can't do that without approval from the court that Hall would be allowed to testify. Assistant District Attorney Bob Collins opposes the idea, saying Hall does not qualify as an expert witness.

The rival attorneys made their respective cases to Cutler with the jury out of the courtroom.

Gilmore contended that Hall is an expert in determining whether the use of force was justified in a particular instance. He has written several magazine articles on the topic, Gilmore said.

"His opinion in this case is that Mr. Mielke's reaction was reasonable," Gilmore said.

Hall also would testify that Mielke was correct not to have fired a warning shot, as well as shooting to kill rather than to wound the two men, Gilmore said.

"He had only a second to make up his mind what to do," the defense attorney said. "He had no time for reflection."

One of the points Hall would make is that an aggressor's actions are quicker than the reaction time of someone defending themselves, Gilmore added. He said that made it even more imperative that 44-year-old Mielke defend himself.

Collins told the judge that Hall has only written a few articles for law enforcement publications.

"I don't see where he is especially qualified," Collins said.

Cutler did not rule on the request Thursday, although her comments indicated little support for Gilmore's idea. She questioned whether judging the appropriateness of deadly force in a particular circumstance is something in which a person can be considered expert.

Also, she said Gilmore had argued that jurors couldn't properly appreciate what Mielke faced the morning of the shootings without visiting the church. Cutler asked how Hall could have arrived at a conclusion about Mielke's actions without seeing the site.

Allowing him to testify would amount to adding a 13th juror, she said, adding that the appropriateness of Mielke's actions "is something for the jury to decide."

Earlier Thursday, Collins wanted to call Mielke's wife, Helen, to the stand but Gilmore invoked spousal privilege and she was not required to testify. Collins hoped to point out inconsistencies in Mielke's version of events April 24 by calling the woman to the stand.

He also was thwarted in placing June Benedix on the stand. She is the woman who shared a Big Lake home with boyfriend Palmer, and who was with Jones at the Big Lake house as he bled to death in the hours following the shooting. Benedix called 911 to report the incident just before 12:30 p.m. on April 24, according to testimony.

However, prosecutors have been unable to locate Benedix and a warrant has been issued for her arrest.

Judge Cutler is scheduled to be out of the state this week to attend a judges' conference, and Mielke's trial will not resume before Oct. 14 or Oct. 21.