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Marvin trial may be moved back to summer if evidence issues remain

Posted: December 23, 2011 - 12:06am

A jury trial for the man accused of fatally shooting two Hoonah police officers is still scheduled to start next month, but that could change.

Attorneys in the case on Thursday said the trial could possibly be delayed because of issues involving scheduling and late discovery.

John N. Marvin Jr., 46, faces first-degree murder charges in the August 2010 deaths of Anthony Wallace, 32, and Matthew Tokuoka, 39. He is also charged with weapons misconduct.

Marvin’s lawyer Eric Hedland told Sitka Superior Court Judge David George on Thursday both he and District Attorney Dave Brower are still waiting for a report that will determine whether Marvin is competent to stand trial. Hedland also said he is scheduled to work another murder case in mid-February, which may conflict with this trial.

Brower told the judge the state recently found some of the audio recordings requested had not been provided, and he obtained them just two days ago.

George, who appeared in court by telephone, said he would keep the same trial date for now, Jan. 30, 2012, as well as the continuance of a competency hearing scheduled for Jan. 6.

George said if the trial date were to be changed, it may not be heard until summer of 2012.

“If you all move this trial date, it’s going to get moved quite a ways,” George said. “I mean we’re talking, I don’t know, summertime. This thing needs to get resolved, it’s been going on a long time.”

George also granted Hedland’s request for an evidentiary hearing to determine what portions of the 911 and radio dispatch records would be admissible at trial.

Marvin’s trial was originally set to begin Oct. 17.

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