Verdict scrutinized: Welton attorneys claim lack of evidence

PALMER -- Attorneys are waiting for a judge to decide if Suzette Welton's May 31 conviction for the murder of her son could be overturned on what they call insufficient evidence.

Welton was convicted after a nearly eight-week trial on first-degree murder, two counts of second-degree murder and first-degree arson in connection with a Sept. 15, 2000, home fire that resulted in the death of her son, 14-year-old Samuel Welton.

Her defense attorneys, Public Defender Greg Heath and Assistant Public Defender George Davenport, filed a motion June 21 asking Anchorage Superior Court Judge Milton Souter to acquit Welton and to overturn the 12-member jury's verdict that sufficient evidence showed her guilt.

Palmer District Attorney Roman Kalytiak countered that motion July 9, contending the jury -- not the judge -- is charged with the role of fact-finder at trial.

Kalytiak said the court may not substitute its own subjective interpretation for that of the jury. He argued that the testimony of 55 witnesses and more than 200 exhibits constituted good circumstantial evidence that succeeded in convincing the jury.

Heath and Davenport stated they are not asking the judge to usurp the power of the jury. But they do want the judge to weigh whether he agrees evidence presented to the jury is sufficient to sustain a conviction.

They argue that the jury was affected by the highly emotional nature of the trial.

The defense attorneys also argue the state's case doesn't rise to the level of sufficiency. A reasonable jury could not conclude the defendant is guilty beyond reasonable doubt without speculation and guesswork, they stated.

But Kalytiak said both the defense and the prosecution selected the jury and, in the end, Welton received a fair trial. It is the exclusive function of the jury to determine credibility of witnesses, weigh conflicting evidence and draw inferences, he stated.

Souter is expected to rule on these motions, either at a hearing or in writing, prior to Welton's September sentencing date.

Additional charges filed against Welton alleging welfare fraud have been set aside pending her sentencing, said Elizabeth Vasquez, assistant attorney general with the state's Office of Special Appeals and Prosecutions.

In June 2001, Welton was charged with allegedly defrauding the state of $6,479 in welfare during a time when she was collecting child support.

An Oct. 28 trial date in Anchorage Superior Court is scheduled, Vasquez said, though they want to see the outcome of sentencing to determine whether to continue to trial.