Falcone sentenced to 70 days for conduct

Posted: Friday, July 04, 2008

JUNEAU - Superior Court Judge Philip Pallenberg on Thursday sentenced John Falcone, 40, to serve 70 days in prison following Tuesday's jury conviction that Falcone was drunk and disorderly last winter.

Assistant District Attorney David Brower asked the court to impose an eight-month sentence, with four suspended, in an effort to match nearly four months Falcone spent locked in the Lemon Creek Correctional Center after his February arrest.

Public defender Eric Hedland said a court should not make sentencing decisions based upon pre-trial confinement. Falcone was eventually acquitted on the most serious charges filed against him.

Dissatisfied with the proceedings, Falcone, a Florida resident, stood up to tell the court if he was not paid for his "illegal imprisonment" in Alaska he would file a lawsuit from the Lower 48.

"I'm going to go to Nevada and get a good mob lawyer," Falcone said later.

Pallenberg said he would "not hold Mr. Falcone's prickly personality against him" and gave him credit for time served and did not apply probation. He required Falcone to pay $250 restitution for damages associated with criminal mischief charges for which the jury acquitted Falcone.

Pallenberg said evidence showed that, more likely than not, Falcone caused the damage.

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